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HomeMy WebLinkAboutAgreement CBS Squared - Water Filtration Plant Boiler-HVAC Controls Replacement 2020 1 3 9 RECEIVED AGREEMENT MAY 1 5 2020 CITY CLERK'S OFFICE This AGREEMENT,made on the I dos day of J• , 2020, by and between the CITY OF OSHKOSH,party of the first part,he,411 after referred to as CITY, and CBS SQUARED, INC., 770 Technology Way, Chippewa Falls, WI 54729, party of the second part,hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT,for the consideration hereinafter named,enter into the following AGREEMENT for PROFESSIONAL SERVICES AND CONTRACT ADMINISTRATION SERVICES for the WATER FILTRATION PLANT BOILER AND HVAC CONTROLS REPLACEMENT (PROJECT). ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Jon Strand,P.E.-Project Manager CBS Squared, Inc. B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Steven M. Gohde, P.E. -Assistant Director of Public Works/ Utilities General Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Professional Services sent to the CITY on February 28, 2020, which is attached hereto and incorporated by reference. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT with consent of CONSULTANT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. l:\Wastewater\Jessi\DRAFT City of Oshkosh-Agreement—City rev 1-22-2020 Water Page1 of 8 Filtration Boiler Controls Replacement CONSULTANT is being retained by the CITY to provide professional services for this PROJECT. These professional services being provided with the expectation that certain deliverables are provided to the CITY in return for the agreed-upon payments. In the course of providing professional services, CONSULTANT will utilize its education, experience, and other intellectual resources including "know-how" and techniques on behalf of the CITY for this PROJECT. The City makes no claim to these intellectual resources including "know-how" and techniques. These aforementioned intellectual resources will likely include confidential and/or proprietary information which, by the nature of this information, will remain in the sole possession of CONSULTANT. Information disclosed to the CITY will not be, by definition, considered confidential and/or proprietary. The purpose of retaining and utilizing CONSULTANT's intellectual resources is to provide the CITY with deliverables in the form or forms necessary to achieve the CITY's PROJECT goals. The deliverables may be in various forms, such as reports, drawings, specifications,files (electronic or non-electronic),field data,summaries, or other documents. Except where distinctions are specifically noted, deliverables are intended to have the same meaning as instruments of service. Deliverables include information submitted to the CITY regardless of the format and regardless of whether the information is in preliminary or final form.Deliverables,or instruments of service,shall not include the CONSULTANT's personal or internal notes, calculations, memoranda, summaries, preliminary designs, industry data not obtained from or for the CITY's PROJECT, or similar information. Upon the payment of agreed-upon amounts, as may be adjusted by the parties or by any court of competent jurisdiction,the deliverables and the information therein shall become the property of the CITY for future use at its discretion without further obligation to the CONSULTANT. Notwithstanding the previous sentence, after the deliverables become property of the CITY, CONSULTANT may thereafter use the deliverables and information therein for future projects for other clients at its discretion without further obligation to the CITY. However,and notwithstanding other terms in this AGREEMENT,the CONSULTANT understands that upon submission of any document or record to the CITY, whether or not it is considered a deliverable, its further disclosure to a person or entity requesting public records causes the CONSULTANT's document or records to be subject to Wisconsin's public records laws. Therefore, regardless of whether or not the deliverables become "property" of the CITY as previously described, such information shall constitute a public record and shall remain in the possession of CITY for those purposes. The parties agree that to the extent CONSULTANT has any responsibilities, obligations, or liabilities related to its professional services and its deliverables, such responsibilities, obligations, or liabilities shall pertain only to this PROJECT. Due to the fact l:\Wastewater\Jessi\DRAFT City of Oshkosh-Agreement—City rev 1-22-2020 Water Page 2 of 8 Filtration Boiler Controls Replacement that CONSULTANT has no control over the use of its deliverables obtained through public records requests, or over future use on other projects by the CITY, CONSULTANT disclaims any and all responsibility, obligation, or liability for subsequent use of the deliverables, whether in whole or in part,by others or by the CITY as it pertains to other CITY projects. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re- perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST,FINANCIAL CONSIDERATIONS,AND SCHEDULES In providing opinions of cost,financial analyses,economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs;competitive bidding procedures and market conditions;time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections,or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish,at the CONSULTANT's request,such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from CITY records or from parties with whom the CITY is in contractual relationship. In the event that the CITY has not provided information requested by CONSULTANT within a reasonable period of time, CONSULTANT shall notify and consult with the CITY regarding the missing information. Included within this consultation will be a description of reasonably-anticipated limitations related to moving forward without the missing information. I:\Wastewater\Jessi\DRAFT City of Oshkosh-Agreement—City rev 1-22-2020 Water Page 3 of 8 Filtration Boiler Controls Replacement To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT and CITY will discuss and agree on how to manage the asbestos-remediation activities, including whether CONSULTANT will manage such activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT and CITY will discuss and agree on how to conduct tests to determine the extent of the problem, including whether CONSULTANT will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s)provide) a Builders Risk All Risk insurance policy for the full replacement value of all PROJECT work including the value of all onsite CITY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Scope for Professional Services and the Project Manual to be developed by CONSULTANT for the PROJECT. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY I:1 Wastewater\Jessi\DRAFT City of Oshkosh-Agreement—City rev 1-22-2020 Water Page 4 of 8 Filtration Bailer Controls Replacement agrees the CONSULTANT is not responsible for damages to the CITY or others arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT,such causes include,but are not limited to,strikes or other labor disputes, severe weather disruptions or other natural disasters, delays of performance to the extent caused by the CITY or by any party with which the CITY has a contractual relationship, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in contract price and schedule. ARTICLE XI. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts,all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This AGREEMENT including, without limitation, insurance requirements identified herein and attached. 2. CONSULTANT's Scope for Professional Services sent February 28, 2020 and attached hereto. In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XII. PAYMENT A. The AGREEMENT Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below,adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $52,705 (Fifty Two Thousand Seven Hundred Five Dollars). • Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and within fifteen (15) calendar days after the amount is withheld shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. Payments by the CITY shall not be construed as acceptance of the work performed by the CONSULTANT and does not limit the CITY's lawful recourse for that work performed. Neither the CITY's payment of any amounts, nor CONSULTANT's acceptance 1:\Wastewater\Jessi\DRAFT City of Oshkosh-Agreement—City rev I-22-2020 Water Filtration Boiler Controls Replacement Page 5 of 8 or consent of any withheld amount, shall act as a waiver of any claims each party may have against the other which shall be governed by applicable statutes of limitations.The intent of the preceding is to allow each party a reasonable time to make actual or anticipated disputes known to the other party to allow potential ential resolutions. C. Additional Costs.Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s)not including documentation. ARTICLE XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect,indemnify, and hold the City of Oshkosh harmless against all actions, claims, costs, losses, expenses of any kind and description (including death), and demands including court costs, attorney fees, and damages of any kind to person and property which the CITY may be obliged or adjudged to pay to, the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts, or violation of any law or administrative regulation, on the part of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT, upon the CITY's written demand for indemnification or refund for such actions,claim,and demands as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY covenants and agrees to protect, indemnify, defend, and hold the CONSULTANT harmless against all actions, claims, and demands including court costs, attorney fees, and damages of any kind which the CONSULTANT may be obliged or adjudged to pay to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts or violation of any law or administrative regulation on the part of the CITY, its agents or assigns, its employees,or its contractors related to the performance of this AGREEMENT. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the deliverables where such liability is founded upon or grows out of the acts or omission of 1:\Wastewater\Jessi\DRAFT City of Oshkosh-Agreement—City rev 1-22-2020 Water Page 6 of 8 Filtration Boiler Controls Replacement anyof the officers,employees, or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for Professional Service Contracts. ARTICLE XV.TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date.If the CITY terminates under this paragraph,then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XVI. RE-USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT,whether in hard copy or in electronic form,are public records generally,and deliverables specifically, for this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized use for the PROJECT. As described in ARTICLE III, the deliverables' status as public records limits the CITY's ability to control their use upon release to others. ARTICLE XVII. SUSPENSION,DELAY,OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. l:\Wastewater\Jessi\DRAFT City of Oshkosh-Agreement—City rev 1-22-2020 Water Page 7 of 8 Filtration Boiler Controls Replacement ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By:1e) i ___- - � t-f---N____.) sS wri 1, _Mc_ (Seal of Cdnsultant Pi7SlcI2/'LJ if a Corporation) (Specify Title) CITY OF OSHKOSH 0----;zAIL-- By: (Witne s) M rk A. Rohloff, City Manager , A And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which dyl\ will accrue under this AGREEMENT. Attorney /�g_ City Comptroll 1:\Wastewater\JessiIDRAFC City of Oshkosh-Agreement-City rev 1-22-2020 Water Page 8 of 8 Filtration Boiler Controls Replacement RECEIVED CBS Squared Inc. FEB 2 8 2020 Oshkosh Water Filtration Plant Boiler, Boiler Pump & Dehumidifier Rep Pmen#/ Qs OWNsINS Controls System Upgrades Project Scope for Professional Services This letter describes the professional services work for the project described in the scope of services below. SCOPE: The Oshkosh Water Utility is planning a Boiler Replacement and Building Automation System (BAS) Controls Replacement project at the Water Filtration Plant. The project consists of replacing three existing boilers, two hot water circulation pumps, associated variable frequency drives and the existing facility direct digital controls (DDC) Building Automation System (BAS). Two of the plant's ducted air handling style dehumidifiers that serve the pipe galleries will be replaced as part of this project. Individual heating devices and room controls in specific areas of the water filtration plant may also be replaced. We will complete an analysis of the Lab and chemical feed and storage area temperature inconsistencies and provide proposed recommendations and design solutions to resolve the temperature inconsistencies. The scope is for one construction project, if the project proceeds in multiple construction phases, additional fees will be required. The project is limited to the main Water Filtration Plant building which was constructed in the year 2000. The project scope is detailed below: Project Scope Items: Regulatory PSC Application for Construction Authorization $4,400 WDNR Submittal $1,100 Project Manual EJCDC 2013 V1 project manual — Incorporate City Edits $ 520 Ad for Bid — City will place ad in official publication $ 65 Instructions to Bidders $ 130 Pre Bid Meeting — Mandatory $ 350 Prequalification of Bidders — Utilize City Pre-Qual Process $ 285 EJCDC General Conditions $ 65 CBS Squared, Inc. cb52 Professional Scope of Services Page 1 of 3 Supplementary Conditions — Incorporate City Edits $ 720 Insurance Requirements —City has established limits which will be reviewed $ 135 Scope of Design Services: Construction Drawings will be completed on 22"x34" size drawing sheets. Specifications will be in three-part Construction Specifications Institute (CSI) format (DIV 22 — Plumbing, DIV 23 - HVAC, DIV 26— Electrical, Etc.) Complete Construction Documents (Plans and specifications) for contractor bidding. Plans to be 22 x 34 and 11 x 17 format and electronic PDF format. All documents will be compiled for bidding and will be electronic (Word, Excel or PDF with pre-approval). City will post to Quest CDN for bidding. $980 Scope of Mechanical, Electrical, Plumbing (MEP) Design Services for Boiler & Other Equipment Replacement Project: Provide construction documents for demolition and replacement of: 1. Three (3) existing 2500 MBH input gas fired boilers and associated combustion air intakes and venting ducting 2. Existing main hot water system circulating pumps and VFD's (variable frequency drives) 3. Two (2) existing dehumidifiers Initial Site Survey, As-built Documentation $1,780 Drawing Setup and Draw Existing Equipment $2,830 Analysis Temperature of Lab and Chemical Feed Areas $2,100 Calculations for New Equipment $1,880 Select New Equipment using performance requirements and specifying specific models/brands and based on City staff input(Boilers, Pump, Dehumidifiers)$1,620 Opinion of Probable Construction Cost $1,570 Design and Layout Drawings of New Equipment $5,820 Details and Schedules $1,300 Specifications $2,850 Quality Control and Quality Assurance $2,800 Scope of MEP Design Services for DDC / BAS Controls replacement project: CBS Squared, Inc. CbS2 Professional Scope of Services Page 2 of 3 Provide construction documents (plans and specs indicating open protocol requirements for new controls system and adequate information for contractors to quantify number and locations and type of HVAC system devices and number of control "points" required for each piece of HVAC equipment) for competitive contractor bidding for replacement of the Water Treatment Plant's Direct Digital Control Building Automation System Drawing Setup and Draw Existing Equipment $1,580 Select New Equipment/ Design $1,230 Opinion of Probable Construction Cost $1,410 Design and Drawings $3,260 Details and Schedules $ 750 Specifications $2,500 Quality Control and Quality Assurance $1,900 Design Review Meetings: Review Meeting 30% $1,120 Review Meeting 60% $1,340 Review Meeting 90% $1,650 Bidding: Bid Opening — Electronic using Quest CDN $ 350 Recommendation of Award $ 180 Notice of Award $ 145 Notice to Proceed $ 90 Expenses $1,900 Total $52,705 PAYMENT: The Project will be invoiced on a time and materials basis with a not-to-exceed fee of$52,705 including expenses and equipment. Expenses will be invoiced based on GSA per diem rates or actual cost and mileage per the current federal mileage rate. Schedule: The project is anticipated to begin on or about February 28, 2020. The Public Service Commission (PSC) approval process is approximately 6 months. Construction is planned for late summer/fall 2020 dependent on WI Public Service Commission approval. CBS Squared, Inc. CbS2 Professional Scope of Services Page 3 of 3 �.RT CDS2 CBSMq Squared, Inc D y �� op p `6z0z Employee Rates Table os Kosyui3Lic WQ Y 2020 ° wlsoo,os Employee Title Billable Rae Your Phziect Solutions Start Here Senior Project Manager $174.00/hr Project Manager $151.00/hr Senior Professional Engineer $148.00/hr Professional Engineer $131.00/hr Staff Engineer $95.00/hr Senior Architect $171.00/hr Architect $131.00/hr Landscape Architect $129.00/hr Project Leader $121.00/hr Lead Designer/Technician $112.00/hr Senior Designer/Technician $95.00/hr Technician $76.00/hr Ott ,Y Administrative Assistant/Accounting $71.00/hr Senior Professional Land Surveyor $151.00/hr Professional Land Surveyor $118.00/hr Survey Crew Chief $91.00/hr Survey Crew Assistant $71.00/hr Field Assistant $41.00/hr Student Engineer $55.00/hr Total Station/GPS/Sonar $20.00/hr 770 Technology Way. Meals, Per Diem, mileage GSA Chippewa Falls,WI 54729 info@ cbssquaredinc.corn Note:All rates based on Fiscal Year 2020 cbssquaredinc.com A110.—CO R o�o CERTIFICATE OF LIABILITY INSURANCE DATE (MM2020) 04/08/THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-527-9049 CONTACT Rachel Stein ' Holmes Murphy & Assoc - WI NAME: PHONE 800-527-9049 FAX IAIC,No.Ext): (A/C,No): E-MAIL 1600 Aspen Commons Suite 990 ADDRESS: RECEIVED INSURERS)AFFORDING COVERAGE NAIC# Middleton, WI 53562 INSURER A: TRAVELERS PROP CAS INS CO 36161 INSURED CBS Squared Inc. MAY -6 2020 INSURERB: PHOENIX INS CO 25623 INSURER C: TRAVELERS IND CO 25658 770 Technology Way DEPT OF PUBLIC WORKS INSURER D: TRAVELERS CAS & SURETY CO 19038 OSHKOSH, WISCONSIN INSURERE: XL SPECIALTY INS CO 37885 Chippewa Falls, WI 54729 INSURER F: COVERAGES CERTIFICATE NUMBER: 59019424 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (MMIDD/YYYY) (MMlOD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 680-004N256938 05/09/19 05/09/20 EACH OCCURRENCE I $ 1,000,000 D CLAIMS-MADE X OCCUR PREM SES 1 DAMAGEO(Ea occuE ence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PRO- POLICY LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY X X BA-4N258298 05/09/19 05/09/20 COMBIaNEDSINGLELIMIT $ 1,000,000 X ANY AUTO (E accident) BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ 1,000,000 X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ 1,000,000 $ C UMBRELLA LIAB X OCCUR X X CUP-004N259861 05/09/19 05/09/20 EACH OCCURRENCE $ 7,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 7,000,000 DED X RETENTION$ 10,000 $ D 'WORKERS COMPENSATION X BB-004N259086 05/09/19 05/09/20 X PER STATUTE EERH / AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) - ! E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under I DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT S 1,000,000 E Professional Liability DPR9941992 05/09/19 05/09/20 Each Claim 2,000,000 Claims Made Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project # City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are listed as additional insured on the general, auto, and umbrella policies per policy terms and conditions as required by written contract with the insured, per policy terms and conditions. A Waiver of Subrogation applies on the general, auto, workers compensation, and umbrella policies in favor of the additional insured. A 30 day notice of cancellation applies, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: City Clerk 215 Church Ave. AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh, WI 54903 /,Jp'(iLrJiy;5 0 I USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD rlsmithwi 59019424 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non-Owned Watercraft—75 Feet Long Or Less H. Blanket Additional Insured — Governmental B. Who Is An Insured— Unnamed Subsidiaries Entities — Permits Or Authorizations Relating To Premises C. Who Is An Insured — Retired Partners, Members, Directors And Employees I. Blanket Additional Insured — Governmental D. Who Is An Insured — Employees And Volunteer Entities — Permits Or Authorizations Relating To Workers — Bodily Injury To Co-Employees, Co- Volunteer Operations Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments— Increased Limit E. Who Is An Insured — Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition — Limited Liability Companies Professional Liability F. Blanket Additional Insured—Controlling Interest M. Blanket Waiver Of Subrogation—When Required G. Blanket Additional Insured — Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability— Railroads PROVISIONS uses or is responsible for the use of a A. NON-OWNED WATERCRAFT — 75 FEET watercraft that you do not own that is: LONG OR LESS (1) 75 feet long or less; and 1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION I — B. WHO IS AN INSURED — UNNAMED COVERAGES — COVERAGE A — BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II —WHO IS LIABILITY: AN INSURED: (2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge; if: 2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II—WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care No such subsidiary is an insured for "bodily services, Paragraphs (1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury" arising out of providing or failing to provide "personal and advertising injury" caused by an first aid offense committed: or"Good Samaritan services" by any of your a. Before you maintained an ownership interest retired partners, members, directors or of more than 50% in such subsidiary; or "employees", other than a doctor. Any such retired partners, members, directors or b. After the date, if any, during the policy period "employees" providing or failing to provide first aid or "Good Samaritan services" during that you no longer maintain an ownership interest of more than 50% in such subsidiary. their work hours for you will be deemed to be For purposes of Paragraph 1.of Section II—Who acting within the scope of their employment . Is An Insured, each such subsidiary will be .by you or performing duties related to the deemed to be designated in the Declarations as: conduct of your business. a. A limited liability company; (2) "Personal injury": b. An organization other than a partnership, (a) To you, to your current or retired joint venture or limited liability company; or partners or members (if you are a c. A trust; partnership or joint venture), to your current or retired members (if you are a as indicated in its name or the documents that limited liability company), to your other govern its structure. current or retired directors or "employees" while in the course of his or C. WHO IS AN INSURED—RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of related o your other to the conduct uf teer r wor erso " SECTION II —WHO IS AN INSURED: while performing duties related to the Any person who is your retired partner, member, conduct of your business; director or"employee"that is performing services (b) To the spouse, child, parent, brother or for you under your direct supervision, but only for sister of that current or retired partner, acts within the scope of their employment by you member, director, "employee" or or while performing duties related to the conduct "volunteer worker" as a consequence of of your business. However, no such retired Paragraph(2)(a) above; partner, member, director or "employee" is an insured for: (c) For which there is any obligation to share damages with or repay someone (1) "Bodily injury": else who must pay damages because of (a) To you, to your current partners or the injury described in Paragraph (2)(a) members (if you are a partnership or or(b) above; or joint venture), to your current members (d) Arising out of his or her providing or (if you are a limited liability company) or failing to provide professional health care to your current directors; services. (b) To the spouse, child, parent, brother or (3) "Property damage"to property: sister of that current partner, member or director as a consequence of Paragraph (a) Owned, occupied or used by; or (1)(a) above; (b) Rented to, in the care, custody or control (c) For which there is any obligation to of, or over which physical control is share damages with or repay someone being exercised for any purpose by; else who must pay damages because of you, any of your retired partners, members the injury described in Paragraph (1)(a) or directors, your current or retired or(b) above; or "employees" or "volunteer workers", any (d) Arising out of his or her providing or current partner or member (if you are a failing to provide professional health care partnership or joint venture), or any current services. member (if you are a limited liability company) or current director. Page 2 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a. A limited liability company;WORKERS AND RETIRED PARTNERS, b. An organization other than a partnership, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of joint venture or limited liability company; SECTION II —WHO IS AN INSURED: or Paragraphs (1)(a), (b) and (c) above do not c. A trust; apply to "bodily injury" to a current or retired co- as indicated in its name or the documents "employee" while in the course of the co that govern its structure. "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II — workers" or retired partners, members or directors while performing duties related to the WHO IS AN INSURED: conduct of your business. Any person or organization that has financial control of you is an insured with respect to E. WHO IS AN INSURED—NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES liability for "bodily injury", "property damage" or "personal and advertisingpinjury" that The following replaces Paragraph 3. of arises out of: SECTION II—WHO IS AN INSURED: a. Such financial control; or 3. Any organization you newly acquire or form, other than a partnership or joint venture, and b. oSwnershhip rship,p, a or organization's f of which you are the sole owner or in which o maintenance or use of you maintain an ownership interest of more premises leased to or occupied by you. than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such a. Coverage under this provision is person or organization. afforded only: 2. The following is added to Paragraph 4. of (1) Until the 180th day after you acquire SECTIO N II—WHO IS AN INSURED: or form the organization or the end of the policy period, whichever is This paragraph does not apply to any premises owner, manager or lessor that has earlier, if you do not report such organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION II —WHO IS after you acquire or form such AN INSURED: organization, if you report such writing to within Any person or organization that is a mortgagee, organization180 days afterinyou icing tacquiro us form it; assignee, successor or receiver and that you have agreed in a written contract or agreement b. Coverage A does not apply to "bodily to include as an additional insured on this Coverage Part is an insured, but only with injury" or "property damage" that occurred before you acquired or formed respect to its liability as mortgagee, assignee, the organization; and successor or receiver for"bodily injury", "property c. Coverage B does not apply to "personal damage" or "personal and advertising injury" that: and advertising injury" arising out of an a. Is "bodily injury" or "property damage" that offense committed before you acquired or formed the organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section caused by an offense that is committed, II — Who Is An Insured, each such CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED use of the premises for which that GOVERNMENTAL ENTITIES — PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on this Coverage Part. The following is added to SECTION II —WHO IS The insurance provided to such mortgagee, AN INSURED: assignee, successor or receiver is subject to the Any governmental entity that has issued a permit following provisions: or authorization with respect to operations performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to: that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the H. BLANKET ADDITIONAL INSURED — DEFINITIONS Section: GOVERNMENTAL ENTITIES — PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental The following is added to SECTION II —WHO IS medical services", first aid or "Good AN INSURED: Samaritan services" to a person, unless you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, building code or written contract or agreement to Paragraph 2.a.(1) of SECTION II — WHO IS include as an additional insured on this AN INSURED: Coverage Part is an insured, but only with Unless you are in the business or occupation respect to liability for "bodily injury", "property of providing professional health care damage" or "personal and advertising injury" services, Paragraphs (1)(a), (b), (c) and (d) arising out of the existence, ownership, use, above do not apply to "bodily injury" arising maintenance, repair, construction, erection or out of providing or failing to provide: removal of any of the following for which that governmental entity has issued such permit or (a) "Incidental medical services" by any of authorization: advertising signs, awnings, your "employees" who is a nurse, canopies, cellar entrances, coal holes, nurse assistant, emergency medical driveways, manholes, marquees, hoist away technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or "volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or "volunteer workers" providing or failing to provide first aid or "Good Samaritan The following replaces Paragraph 7. of services" during their work hours for you SECTION III—LIMITS OF INSURANCE: will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: b. The amount shown in the Declarations of For the purposes of determining the applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan services" to any one person will be deemed CONDITION — PROFESSIONAL LIABILITY to be one "occurrence". The following is added to Paragraph 4.b., 4. The following exclusion is added to Excess Insurance, of SECTION IV — Paragraph 2., Exclusions, of SECTION I — COMMERCIAL GENERAL LIABILITY COVERAGES — COVERAGE A — BODILY CONDITIONS: INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION — knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY— RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. PO_ICY NUMBER: CUP-4v,2598E1-1:-47 ISSUE DATE: 05/21/2C1S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US Th s cndu-sc--•inl -ncdifies nsera-ice provided under tic 'olluwing: ALL COVERAGE PARTS INCLLDED IN TI-IS POLICY SCHEDULE CANCELLATION: Number of Days Notice Of Cancellation: 3 D NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION; ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONREKEWAL OF TH=S POLICY WILL BE GIVEN, BUT ONLY IF; 1. YOU SEND US A WRITTEN R2QLEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER TE{Z FIRST AAMeD INSURED RECEIVES NOTICD PROM U2 OE' TEE CANCELLATION OR NONR2NEWAL OT TEES POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OE T}3B APPLICABLE NUMBER OF DAYS ERQWDT IN TEES SC:3EDULE. ADDRESS: THE ADDRESS FOR TEAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRI TTMs1 REQUEST FROM YOU TO JS, PROVISIONS: A. If we cancel this aoliy for any statutorily per-lit- B. If we decide to no. 'enew this pol'cy for any sta.u- led rcasurr other than nunpaymenl of prem"um, turfy permitted repson, ands numpc- of days is aid a number of Jays is shown fn- cancellation 'n showr for non-enewal it the schedule above. we the schedule above, we will rrail notce of cancel- will mail rotice of he nonrenekaI to tie ausen or lat-or to the per un or uyyaniealion shown in .he erysnicatiun _'own in the SciLdulc above. We schedule above. We Ail] ma'i such nofce to :he will —ail such notice to the acdress shomr in the ad(I'ess shown 'n the scIP_CIii1e above at leas- the scheclJle above at least the n,imber of days number of days showr icr cancellation 'n .he showy for ncnrenewal in the scf ecule above be- schedule above before the eTeclive dale of can- lure Inc expirsliun date. cellatinn. IL T4 00 12 09 g,2009 T"re Tr ve!e- !ice•n i.y L:orpery 'age a-1 u COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II—COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. At rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" we cover. We do not have to furnish (a) Any "auto" that is hired, rented or bor these bonds. rowed with a driver; or 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowedSECTION II —COVERED AUTOS LIABILITY from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES— INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Mill COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: time of the "loss"; Exclusion 3.a. does not apply to "loss" to one or (b) Financial penalties imposed under a lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans We will pay up to a maximum of $1,000 for any or leases. one "loss". M. BLANKET WAIVER OF SUBROGATION L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The following is added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: TIONS: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles Others To Us In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Coy- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission.