HomeMy WebLinkAboutSpeciality Engineering Group 1/9/2015 • !
PROFESS/ONAL SERV/CES AGREEMENT.•
ARCH/TECTURAL/ENG/NEER/NG SERV/CES FOR ROOF REPLACEMENT OF AREAS
5 & 7 A T THE OSHKOSH PUBL/C MUSEUM
THIS AGREEMENT, made on the sr"day of January, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
SPECIALITY ENGINEERING GROUP LLC (SEG) 122 E. OLIN AVENUE, SUITE 190,
MADISON, WI 53713, hereinafter referred to as the CONSULTANT,
WITNESSETH:
That the City and the Consultant, for the consideration hereinafter named, enter
into the following agreement. The Consultant's proposal is attached hereto and
reflects the agreement of the parties except where it conflicts with this agreement, in
which case this agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Consultant shall assign the following
individual to manage the project described in this contract:
(Bruce Flater, SEG)
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
contract:
(Jon Urben, General Services Manager)
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the interior design services described in the
Consultant's "Proposal for Roof Design Services 2015 Roof Replacement Project
Oshkosh Public Museum, Roof Areas 5 & 7" dated 12/29/14 and attached as Exhibit
A. If anything in the Consultant's proposal conflicts with this agreement, the
provisions in this agreement shall govern.
1
. ,
The Consultant may provide additional products and/or services if such
products/services are requested in writing by the Authorized Representative of the
City.
ARTICLE IV. CITY RESPONSIBLITIES
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.
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 V. TIME OF COMPLETION
The work to be performed under this contract shall commence immediately and
work will be completed no later than July 1, 2015 unless both parties agree to extend
the completion date in writing.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Consultant for the performance of the contract the sum of
$5,250.00, adjusted by any changes hereafter mutually agreed upon in writing by the
parties hereto.
Fee schedules 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 30 calendar days
after receipt of such statement. If any statement amount is disputed, the City may
withhold payment of such amount and shall provide to Consultant a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs for any additional services are to 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. !
ARTICLE IV. CONSULTANT TO HOLD CITY HARMLESS
The Consultant covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character whatsoever
which may in any way be caused by or result from the intentional or negligent acts of
the Consultant, his agents or assigns, his employees or his subcontractors related
2
however remotely to the performance of this Contract or be caused or result from any
violation of any law or administrative regulation, and shall indemnify or refund to the
City all sums including court costs, attorney fees and punitive damages which the City
may be obliged or adjudged to pay on any such claims or demands within thirty (30)
days of the date of the City's written demand for indemnification or refund.
ARTICLE V. INSURANCE
The Consultant shall provide insurance for this project that includes the City of
Oshkosh as an additional insured. The specific coverage required for this project is
identified as the City of Oshkosh's Professional Services Insurance Requirements as a
separate document. The consultant's certificate of insurance for this project is
attached as Exhibit B.
ARTICLE VI. 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 contract at any time by giving written notice to the
Consultant no later than 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.
,
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In the Presence of: CONSULTANT
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� .2"v�-Q�r-�t ' ' 1 � ,�'Id�
(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: a►-- �.�--
�� Mark A. hloff, City Manager
(Witness) _._
� _ ___� � �
i And: ��L��` � ,�',�� �'._��
(Witness) Pamela R. Ubrig, City Clerk � J
APPROVED: I hereby certify that the necess-
ary provisions have been made to
, - pay the liability which will accrue
r�-- ���� under this contract.
, City Attorney
� ;
inance Director
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'�" 'Y— � SPECIALiY ENGINEERING GROUP LLC
122 E.OEIN HVFfvUE.SU�TE 190
S E C' M�`DISON.WI53713
F 2d2.^<53.»701
wwv�.str-se�.corn
December 29,2014
Mr. Jon Urben e�ectronic only—no hard copy to follow
Director of General Services iurben(a�ci.oshkosh.wi.us
City of Oshkosh
215 Church Street PO Box 1130
Oshkosh,WI 54903-1130
Re: Proposal for Roof Design Services
2015 Roof Replacement Project
Oshkosh Public Museum, Roof Areas 5 8 7
Dear Mr. Urben:
Pursuant to your request, Specialty Engineering Group LLC(STR-SEG)is pleased to submit the
following proposal to the City of Oshkosh, herein after referred to as Owner,for the roof system
replacement of Roof Areas 5&7 of the Oshkosh Public Museum located at 1331 Algoma Boulevard, in
Oshkosh,Wisconsin. The proposal includes project design development, preparation of construction
documents, and construction administration.
STR-SEG proposes the following scope of services:
DESIGN DEVELOPMENT
• STR-SEG will review the Owner's requirements and related information including, but not
limited to, schedule, budget, service life expectations, warranties, history, building usage,
contractor preferences, and contractor insurance requirements.
• STR-SEG will conduct a pre-design survey of the subject roof and wall areas to evaluate
existing conditions. Based on the survey, recommendations will be made on the scope of work
required along with options and opinions of probable cost.
• STR-SEG will meet with the Owner for a final review to discuss the recommendations and
opinion of probable cost as they relate to the Owners objectives prior to the start of design.
CONSTRUCTION DOCUMENTS and BIDDING
• STR-SEG will prepare a Specification Package from the data obtained during the pre-design
sunrey. The specifications will outline the components included in the design. The package will
include a site plan, paving sections and details along with information on other related
components that may be part of the design. It will be prepared to promote competitive bidding
by qualified contractors.
• STR-SEG will assist the Owner in preparing the advertisement from which to solicit bids.
• If required, a Pre-bid Meeting will be held at the job site. STR-SEG will attend to answer bidder
questions and make clarifications for equivalent competitive bids.
• STR-SEG will assist in the analysis of the bids.
� --�— � Mr.John Urben
Proposal#5115
� ��� December 29,2014
Page 2 of 2
CONTRACT ADMINISTRATION
• STR-SEG will provide contract administration services commencing at project award. These
services will include:
o Review of shop drawings, submittals and change orders.
o Review of permits and licensing.
o Review of the contractor's application for payment and change orders.
o Review of contractor warranties and project cioseout documentation.
• STR-SEG will conduct a Project Start-up Meeting to review the project and Owner
requirements and conditions.
• A qualified representative of STR-SEG will make periodic site visits at various times during
construction to observe the quality and progress of the work and will apprise the Owner of
construction activities and issues that may arise.
• STR-SEG will prepare a punch list of deficient or outstanding items at substantial completion.
Upon notification by the contractor that the project is complete we will conduct a finai review of
the completed work prior to acceptance.
COMPENSATION
Professional Fees
Compensation for professional services, described above and pursuant to e STft-SEG General
Conditions shall be the lump sum of Five Thousand Two Hundred Fi Doilars ($5,250.00).
Invoicing shall be provided as follows:
• 30%of the total fee upon completion of Design Development.
• 40%of the total fee upon completion of Construction Documents and Bidding.
• 30% due upon completion of project closeout.
Reimbursable Expenses
Reimbursable expenses are in addition to fees for professional services and represent STR-SEG's
out-of-pocket expenses made in the interest of the project not included in the base fee per the
attached General Conditions. They will be invoiced at cost.
AUTHORIZATION
STR-SEG will proceed based on your written acceptance. Please sign and return the Authorization
page along with a purchase order, if applicable.We will then schedule the work.
Should you have any questions regarding this proposal, please do not hesitate to call. We
appreciate this opportunity to serve you and look forward to working with you on this project.
A C C E P T E D
Yours truly, City of Oshkosh
Specialty Engineering Group LLC Oshkosh,Wisconsin
�� � � By:
.��=�-
Title:
John Hoenick
Account Manager Date:
Cc: Terry Smith, City of Oshkosh
Bruce Flater, STR-SEG
. . �ih✓" `�' ( �
Client#:843865 STRPARTN
DATE(MM/DD/YYY1�
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 01/09/2015
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 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 certifcate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
USI Midwest-Euclid-Prof Liab PHONE 630 625-5219
234 S rin Lake Drive E A Lo exs: ,vc,N,: 610 537-4939
p g nooRess: �aurie.cloninger@usi.biz
Itasca,IL 60143 INSURER(S)AFFORDING COVERAGE NAIC#
iNSURERn:Continental Casualty Company 20443
INSURED INSURER B:AC@ AITI@I'IC8�1 IflSU�8t1C@ COIllp811�/ 22667
Specialty Engineering Group,LLC
INSURER C: -
350 W Ontario St Ste 200
Chicago, IL 60654 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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 TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP � LIMITS
LTR INSR WVD POLICYNUMBER MMIDD/YYYY MMIDD
A GENERAL LIABILITY Y Y 1075621326 8/17/2014 08/17/201 EACH OCCURRENCE $� OQ�0��
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occTuErrence $3OO OOO
CLAIMS-MADE �OCCUR MED EXP(Any one person) $��,���
PERSONAL&ADVINJURY $'I�OOO�OOO
GENERALAGGREGATE $Z�OOO�OOO
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $Z�OOO�OOO
POLICY X ,jRa LOC $
/.� AUTOMOBILE LIABILITY Y Y 1075621326 8/17/2014 08/17/201 Ee aBcldeDtSINGLE LIMIT ��OOO�OOO
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
$
q X UMBRELLA LIAB X occuR Y Y 2078533539 8/17/2014 08/17/201 EACH OCCURRENCE s5 000 000
El(CESS LIAB CLAIMS-MADE AGGREGATE $�J OOO OOO
DED X RETENTION$�O OOO $
A WORKERS COMPENSATION � Y WC175621343 8/17/2014 08/17/201 X WC STATU- OTH-
AND EMPLOYERS'LIABILITY �
ANY PROPRIETOR/PARTNER/EXECUTIVE Y�N E.L.EACH ACCIDENT $'I OOO OOO
OFFICER/MEMBER EXCLUDED? � N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $� OOO OOO
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $�,OOO,OOO
B Professional G23687987001 9/16/2014 09/16/201 $2,000,000 each claim/
Liability annual aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Professional Liability is written on a'claims made'policy form.
The General/Auto and Umbrelia Liability policies include a blanket automatic Additional Insured endorsement
that provides Additional Insured status to they City of Oshkosh,and its officers,council members,agents,
employees and authorized volunteers,only when there is a written contract or written agreement between the
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
CI of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn:City Clerk ACCORDANCE WITH THE POLICY PROVISIONS.
215 Church Ave
PO Box 1130 AUTHORIZED REPRESENTATIVE
Oshkosh,WI 54903-1130 - y�
\.� .��-7d'��?
O 1988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010/05) � of 2 The ACORD name and logo are registered marks of ACORD
#S14141004/M13298053 LXCAA
DESCRIPTIONS (Continued from Page 1)
named insured and the certificate hoider that requires such status,and only with regard to work performed
by the named insured. The General/Auto Liability policy contains a special endorsement with"Primary and
Noncontributory"wording,when required by written contract.
SAGITTA 25.3(2010/05) 2 Of 2
#S14141004/M13298053
�HA SB-146968-A
(Ed. 01/06)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
&
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured
Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property
to include as an insured any person or organization damage," "personal and advertising injury" arising
whom you are required to add as an additional insured out of an architecYs, engineer's, or surveyor's
on this policy under a written contract or written rendering of or failure to render any professional
agreement; but the written contract or written services including:
agreement must be: a. The preparing, approving, or failing to prepare
1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions,
term of this policy;and reports, surveys, field orders, change orders
2. Executed prior to the "bodily injury," "property or drawings and specifications by any
damage,"or"personal and advertising injury." services on a'p oject of which you serve las
B. The insurance provided to the additional insured is construction manager;or
limited as follows: b. Inspection, supervision, quality control,
1. That person or organization is an additional engineering or architectural services done by
insured solely for liability due to your negligence you on a project of which you serve as
� specifically resulting from "your work" for the construction manager.
�
� additional insured which is the subject of the 5. This insurance does not apply to "bodily injury,"
� written contract or written agreement. No "property damage," or "personal and advertising
� coverage applies to liability resulting from the sole ,
o negligence of the additional insured. injury'arising out of:
� 2. The Limits of Insurance applicable to the a. The construction or demolition work while you
additional insured are those specified in the are acting as a construction or demolition
written contract or written agreement or in the contractor. This exclusion does not apply to
Declarations of this policy, whichever is less. work done for or by you at your premises.
_ These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY
= in addition to,the Limits of Insurance shown in the CONDITIONS–Duties In The Event of Occurrence,
= Declarations. Offense, Claim or Suit (Section E.2.) of the
— 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended
= within this endorsement and section titled to add the following:
� LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as
= DEFINITIONS – "Insured Contract" (Section soon as practicable:
= F.9.)within the Businessowners Liability Coverage �, Give written notice of an occurrence or an offense
_ Form, does not apply to"bodily injury"or"property to us which may result in a claim or "suiY' under
= damage" arising out of the "products-completed
= operations hazard" unless required by the written this insurance;
— contract or written agreement.
SB-146968-A Page 1 of 2
(Ed. 01/06)
SB-146968-A
(Ed. 01/06)
2. Tender the defense and indemnity of any claim or against that "suiY' If no other insurer defends, we
"suiY' to us for a loss we cover under this will undertake to do so, but we will be entitled to
Coverage Part; the additional insured's rights against all those
3. Tender the defense and indemnity of any claim or other insurers.
"suiY' to any other insurer which also has When this insurance is excess over other
insurance for a loss we cover under this Coverage insurance, we will pay only our share of the
Part;and amount of the loss, if any, that exceeds the sum
4. Agree to make available any other insurance of:
which the additional insured has for a loss we (a) The total amount that all such other insurance
cover under this Coverage Part. would pay for the loss in the absence of this
We have no duty to defend or indemnify an additional insurance;and
insured under this endorsement until we receive (b) The total of all deductible and self-insured
written notice of a claim or "suiY' from the additional amounts under all that other insurance.
insured. We will share the remaining loss, if any, with any
D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this
Businessowners Common Policy Conditions are Excess Insurance provision and was not bought
deleted and replaced with the following: specifically to apply in excess of the Limits of
2. This insurance is excess over any other insurance Insurance shown in the Declarations of this
naming the additional insured as an insured Coverage Part.
whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
other basis unless a written contract or written OTHERS TO US (Section K.2.) of the
agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted
be either primary or primary and noncontributing and replaced with the following:
to the additional insured's own coverage. This 2. We waive any right of recovery we may have
insurance is excess over any other insurance to against any person or organization against whom you
which the additional insured has been added as have agreed to waive such right of recovery in a
an additional insured by endorsement. written contract or agreement because of payments
3. When this insurance is excess, we will have no we make for injury or damage arising out of your
duty under Coverages A or B to defend the ongoing operations or "your work" done under a
additional insured against any "suiY' if any other contract with that person or organization and included
insurer has a duty to defend the additional insured within the"products-completed operations hazard."
SB-146968-A Page 2 of 2
(Ed. 01/06)
C�A S (Ed 606/1 )
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE
Insurance is provided only with respect to those coverages for which a specific premium charge is shown:
COVERAGE LIMIT
Hired Auto Liability $
Non-owned Auto Liability $
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
PROVISIONS
A. COVERAGE 2. "Non-owned auto" owned by any person
If a limit is shown in the SCHEDULE above, the other than you, and used in the course of
your business, and arising out of any one
insurance provided under Coverage A–Bodily Injury "occurrence."
and Property Damage Liability applies to "bodily
injury" and "property damage" arising out of the The limit of this endorsement applies separately to
maintenance or use of a "hired auto" or "non-owned each consecutive annual period and to any remaining
auto." Maintenance or use of a "non-owned auto" period of less than 12 months, starting with the
includes test driving in connection with an "auto beginning of the policy period shown in the
business." Declarations, unless the policy period is extended after
B. LIMITS OF INSURANCE issuance for an additional period of less than 12
months. In that case, the additional period will be
„ SECTION D. Liability And Medical Expenses Limits deemed part of the last preceding period for purposes
" of Insurance is deleted in its entirety and replaced of determining the Limit of Insurance.
�° with the following: C. EXCLUSIONS
�
� D. Limits Of Insurance With respect to the insurance provided by this
�
° 1. Regardless of the number of: endorsement:
N
O
" a. Insureds; 1. The exclusions, under Coverage A– Bodily Injury
and Property Damage Liability, other than
b. Claims made or"suits"brought; exclusions a., b., d., e., f. and i. and the Nuclear
c. Persons or organizations making claims Energy Liability Exclusion (Broad Form) are
= or bringing"suits";or deleted and replaced by the following:
� d. "Autos," a. "Bodily injury"to:
� the Hired Auto and Non-Owned Auto Liability (1) Any fellow "employee" of the insured
= Each Occurrence Limit shown in the arising out of and in the course of:
� Declarations is the most we will pay for (a) Employment by the insured;or
= damages under SECTION A. Coverages
= because of all "bodily injury" or "property (b) Performing duties related to the
— damage" arising out of the maintenance or conduct of the insured's business.
_ use of a: b. "Property Damage"to:
= 1. "Hired auto" by you or your "employees" (1) Property owned or being transported by,
— in the course of your business; or or rented or loaned to the insured;
SB-146902-E Page 1 of 3
(Ed.06/11)
CN� SB-146902-E
(Ed.06/11)
Or E. AMENDED DEFINITIONS
(2) Property in the care, custody or control of The Definition of "insured contracY' in Section F —
the insured. Definitions is amended by the addition of the following
D. WHO IS AN INSURED exceptions to paragraph f.;
Who Is An Insured is replaced by the following: Paragraph f. does not include that part of any contract
or agreement:
Each of the following is an insured under this (4) That pertains to the loan, lease or rental of an
insurance to the extent set forth below: "auto" to you or any of your "employees," if the
1. You; "auto"is loaned, leased or rented with a driver;or
2. Your"employee"while operating an"auto"hired or (5) That holds a person or organization engaged in
rented under a contract or agreement, with your the business of transporting property by"auto" for
permission, in that "employee's" name, while hire harmless for your use of a covered "auto"
performing duties related to the conduct of your over a route or territory that person or organization
business. is authorized to serve by public authority.
3. Anyone else including any partner or "executive F. ADDITIONAL DEFINITIONS
officer"of yours while using with your permission a Section F. Definitions is amended by the addition of
"hired auto"or a"non-owned auto"except: the following definitions:
a. The owner or lessee (of whom you are a a, "Auto Business" means the business or
sublessee) of a 'hired auto or the owner or occupation of selling, repairing, servicing, storing
lessee of a "non-owned auto" or any agent or or parking"autos."
employee"of any such owner or lessee;
b. Your "employee" if the covered "auto" is b. ��Hired auto" means any "auto" you or your
owned by that"employee"or a member of his employee lease, hire, rent or borrow in the
or her household; course of your business.This does not include:
c. Your "employee" if the covered "auto" is �• Any "auto" you lease, hire or rent under a
leased, hired or rented by him or her or a lease or rental agreement for a period of 180
member of his or her household under a lease days or more, or
or rental agreement for a period of 180 days ii. Any"auto"you lease, hire, rent or borrow from
or more; any of your "employees," partners,
d. Any partner or"executive officer" with respect stockholders, or members of their households.
to any"auto"owned by such partner or officer c. "Non-owned auto" means any "autos" you do not
or a member of his or her household; own, lease, hire, rent or borrow that are being
e. Any partner or"executive officer"with respect used in the course and scope of your business at
to any"auto" leased or rented to such partner the time of an "occurrence." Thls includes "autos"
or officer or a member of his or her household owned by your employees or partners or
under a lease or rental agreement for a period members of their households but only while being ;
of 180 days or mofe; used in the course and scope of your business at
the time of an"occurrence."
f. Any person while employed in or otherwise If you are a sole proprietor, "non-owned auto"
engaged in duties in connection with an "auto means any "autos" you do not own, lease, hire,
business, other than an auto business' you rent or borrow that are being used in the course
operate; and scope of your business or personal affairs at
g. Anyone other than your "employees," the time of an"occurrence."
partners, a lessee or borrower or any of their G. With respect to the operation of a "hired auto" and
"employees,°while moving property to or from ��non-owned auto," Paragraph H, of the
a hired auto or a non-owned auto ;or Businessowners Common Policy Conditions is deleted
4. Any other person or organization, but only with and replaced with the following:
respect to their liability because of acts or H. Other Insurance
omissions of an insured under 1.or 2.above.
1. Except for any liability assumed under an
"insured contracY' the insurance provided by
this Coverage Form is excess over any other
collectible insurance.
SB-146902-E Page 2 of 3
(Ed. 06/11)
C�� SB-146902-E
(Ed.06/11)
However, if your business ls the selling, 2. When this Coverage Form and any other
servicing, repairing, parking or storage of Coverage Form or policy covers on the same
"autos," the insurance provided by this basis, either excess or primary, we will pay
endorsement is primary when covered "bodily only our share. Our share is the proportion
injury" or"property damage" arises out of the that the Limit of Insurance of our Coverage
operation of a customer's "auto" by you or Form bears to the total of the limits of all the
your"employee." Coverage Forms and policies covering on the
same basis.
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SB-146902-E Page 3 of 3 ;
(Ed.06/11)
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