Electrical Pedestal Additions & Replacements for Oakdale ParkAGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
W.E. Sheppard Construction Inc. DBA United Electric
For
Electrical Pedestal Additions and Replacements for Oakdale Park
This Agreement is entered into May 23, 2016 by and between the City of Salina, Kansas, (the "City") and United
Electric, an electrical service contractor (the "Contractor").
Recitals
A. The City desires to contract for electrical services for the purpose of improving and replacing electrical service
panels in Oakdale Park, in compliance with federal, state, and local regulations.
B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires
to perform those services pursuant to the terms of this Agreement.
The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant:
1. Definitions. Capitalized words used in this Agreement shall have the following meanings:
"Agreement" means this Agreement for electrical pedestal additions, as amended and supplemented from time to
time.
"City" means the City of Salina, Kansas.
"Contractor" means W.E. Sheppard Construction Inc. DBA United Electric and its successors.
2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable):
Exhibit A: Responsibilities of the Parties,
Exhibit B: Term; Schedule
Exhibit C: Basis of Payment
Exhibit D: Insurance Requirements
3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and
incorporated Exhibit A.
4. Term; Schedule. The Contractor agrees to perform its respons"hili6es during the tern and according to the
timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this
Agreement.
5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement
as set forth in Exhibit C.
6. Insurance Requirements.
6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in Exhibit
D, attached hereto, and shall not make any material modification or change from these specifications without the prior
approval of the City. If the Contractor subcontracts any of its obligations und;x.tliis Agreement, the Contractor shall require
each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its
subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and
shall not relieve the Contractor of liability.
Contractor Services (2014-06-18)
6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most
recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such
policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance
involved.
6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a
certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements
in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the
Contractor pursuant to this Agreement, incl'u'ding any and all endorsements affecting the coverage required hereunder.
7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s)
or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall
immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or
damage to property.
8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and
expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or
injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims,
damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, negligent acts,
errors, omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the
performance of this Agreement.
9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days
advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such
services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the
effective date of the termination. Within five (5) days of any such termination, all.fmished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, reports or other material prepared by the Contractor pursuant to this Agreement
shall be delivered to the City. Notwithstanding the above, the Contractor shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any
payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the
Contractor may be determined.
10. Default. If either party fails to comply with any term of this Agreement within ten (10) days after written notice to
comply has been mailed by the non -defaulting party to the defaulting party, such failure shall be deemed an immediate
breach of this Agreement ("Event of Default").
11. Remedies. Upon the occurrence of an Event of Default, the non -defaulting party shall have the following rights and
remedies, in addition to any other rights and remedies provided under this Agreement or by law:
11.1 Termination. The non -defaulting party shall have the right to terminate this Agreement or terminate the
defaulting party's rights under this Agreement.
11.2 Other Remedies. The non -defaulting party may pursue any available remedy at law or in equity (including
specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and
obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non -defaulting party under
this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non -defaulting party
resulting from such Event of Default.
12. Non -Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor
responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part.
13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered
personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial
courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return
receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified
2
mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be
addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the
giver of that notice shall thereafter be given as demanded in that notice.
CITY: City Clerk
Attn: Shandi Wicks
P.O. Box 736
Salina, KS 67402-0736
CONTRACTOR: W.E. Sheppard Construction Inc. DBA United Electric
PO Box 401
Salina, KS 67401
14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable
records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the
term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the
"Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the
Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been
completely terminated or resolved, without right of further appeal. During the Retention Period, the Contractor shall allow a
representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and
any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all
information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and
amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to
disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other
applicable law.
15. Non -appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal
year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject
to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not
appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify
the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s) affected by the
decision of the governing body not to appropriate.
16. Relationship. It is expressly understood that Contractor in performing services under this Agreement, does so as an
independent contractor. The City shall neither have nor exercise any control or direction over the methods by which
Contractor performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that
the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner.
Contractor shall be exclusively responsible for all taxes, withholding payments, employment -based benefits, deferred
compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all
necessary documents, forms, or returns pertinent to the foregoing.
17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's
prior written consent.
18. Compliance with Applicable Law.
Contractor shall comply with all applicable federal, state, and local law in the performance of this Agreement.
19. Equal Opportunity.
(a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its
subcontractors, if any, agree that:
(1) The Contractor shall observe the.provisions of the Kansas act against discrimination and Chapter 13 of the Salina
Code and in doing so shall not discriminate against any person in the performance of work under this Agreement
because of race, sex, religion, age, color, national origin, ancestry or disability;
(2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity
employer," or a similar phrase to be approved by the City's human relations director;
(3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights
commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be
deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by
the City;
(4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against
discrimination under a decision or order of the Salina human relations commission or the Kansas human rights
commission which has become final, the Contractor shall be deemed to have breached this Agreement and it may
be canceled, terminated or suspended, in whole or in part, by the City;
(5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of
this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability; and
(6) The Contractor shall include similar provisions in any subcontract under this Agreement.
(b) The provisions of this section shall not apply to this Agreement if the Contractor:
(1) Employs fewer than four employees during the term of this Agreement; or
(2) Contracts with the City for cumulatively $5,000 or less during the City's calendar fiscal year.
20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall
mean the participation or approval of the City Manager or his designee, unless otherwise provided herein.
21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals, the prevailing party in
such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non -prevailing party, in addition to
any other amounts to which it may be entitled.
22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement
reviewed by legal counsel of the Contractor's choice.
23. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed by the laws
of Kansas. In the event of any legal action:to enforce or interpret this Agreement, the sole and exclusive venue shall be in the
Saline County, Kansas District Court.
24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any
party.
25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the
parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full
business day.
26. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other
provisions unenforceable, invalid, or illegal.
27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement
has full and legal -authority to bind such party to the terms of this Agreement, and that the execution and delivery of this
Agreement have been duly and validly authorized by the governing body of each party.
0
28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and
authorized assigns of the parties hereto.
29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement.
30. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except
by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,
waiver, or termination is sought.
31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to
exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of
such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every
term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding
arbitration.
33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this
Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or
make any claims hereunder.
34. Typewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached, and initialed by
all parties, shall supersede all conflicting printed provisions.
35. Feminine -Masculine, Sinaular-Plural. Wherever used, singular shall include the plural, plural the singular, and use of
any gender shall include all genders.
36. Headines. The headings of the sections of this Agreement are included for the purposes of convenience only and
shall not affect the interpretation of any provision hereof.
37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the
conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made
before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized
representatives.
CITY OF
UM
Atter
Form:
Legal Counsel
(Title)
nited Electric
EXHIBIT A
RESPONSIBILITIES OF THE PARTIES
Requested and approved services include:
1. Add new 200 amp electrical pedestals on upper road as per the on-site meeting. This will
include the following:
2. Removal of 3 existing pedestals and the concrete bases associated with them
3. Saw cut and Removal of sidewalk to allow for new underground feeders
4. Saw cut and Removal a portion of the electrical pad for installation of the 4- 2" feeds.
5. Installation of approx 900' of 2" underground conduit feeds for the 4 new pedestal locations
6. Installation of new 200 amp wiring to each new pedestal location
7. Installation of new pedestals
8. Installation of concrete pads for pedestals
9. Installation of breakers in existing MDP for new pedestals
10. Installation of 1 extra 2" stub out from MDP
11. Repair of transformer pad
12. It is assumed that the City of Salina will repair any unknown water or sprinkler lines that
may be hit during excavation.
Notes: The contract price does not include City of Salina permit fees or replacement of ground
cover or grass disrupted during excavation.
The city wishes to replace the sidewalk sections that will be removed at their own expense.
(about 132 square feet)
FEW
EXHIBIT B
TERM; SCHEDULE
1. Work will commence immediately and is scheduled to be complete on or before June 6, 2016.
2. All work will be coordinated with parks personnel and subject to permitting and inspection as
required by applicable law.
EXHIBIT C
BASIS OF PAYMENT
1. For the above labor and materia_ 1 United Electric quotes $24,111.00 to complete the project as
outlined in Exhibit A.
2. An invoice for payment will be submitted when all work is satisfactorily completed and
inspected.
3. Final Payment of $24,111.00 plus required permitting fees will be paid within 30 days of
receiving a project invoice.
C-1
EXHIBIT D
INSURANCE REQUIREMENTS
(Electrical Services)
Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for, and maintain —
and shall require each of its authorized subcontractors to obtain and maintain — for the duration of
the Agreement, policies of insurance meeting the following requirements:
1. General Requirements. ..
A. Additional Insured. With the exception of the workers' compensation policy to
be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its
agents, representatives, officers, officials, and employees as additional insured(s). Insurance for
the additional insured shall extend to Products/Completed Operations and be as broad as the
insurance for the named insured, including defense expense coverage, and, with respect to the
commercial general liability policy required hereunder, shall be endorsed to apply as primary and
non-contributory insurance before any other insurance or self-insurance, including any
deductible, maintained by, or provided to, the additional insured(s).
B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver
of subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
C. Claims Made Policies. If coverage is written on a claims -made basis for any of
the policies required by this Agreement, the Contractor must maintain the coverage for a
minimum of two (2) years from the date of final completion of all work under the Agreement.
D. Premium and Deductible Expenses. The Contractor shall be responsible for all
premiums and retention or deductible expense for any and all policies required by this
Agreement.
2. Specific Coverage Requirements.
A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL
coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover
liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations,
Products and Completed Operations, Contractual Liability, Independent Contractors and
Advertising Injury. The policy limits shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate: $2,000,000
• Personal and Advertising Liability $1,000,000
The Contractor shall maintain the Products and Completed Operations liability coverage for a
period of at least two (2) years after completion of all work under the Contract.
B. Business Automobile Liability"BAL"). The Contractor shall maintain BAL
coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable
D-1
to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired,
rented or used by the Contractor and include automobiles not owned by but used on behalf of the
Contractor. The BAL policy limits shall not be less than the following:
• Combined single limit $1,000,000
C. Workers' Compensation/Employer's Liability. The Contractor shall maintain
workers' compensation and employer's liability coverage with policy limits not less than the
following:
• Workers' Compensation (Coverage Part A)
o Statutory
• Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease — policy limit
o $100,000 disease —each employee
D-2
ACORO®
�� CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
06/06/2016
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(les) 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 certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Tara Earley
y
Assurance Partners
PHONE (800) 563-1871 FAX
N Ext);AIC No): (785) 825-5098
201 E Iron St.
E-MAIL tearle @ ourassurance.com
ADDRESS: y Y
INSURERS AFFORDING COVERAGE NAIC #
P.O. BOX 1213
INSURERAAMCO Insurance Company 19100
Salina KS 67402-1213
INSURED
INSURER B:
INSURERC:
W. E. Sheppard Construction, Inc.
INSURER D
DBA United Electric
INSURER E:
PO BOX 401
INSURER F:
Salina KS 67402-0401
COVERAGES CERTIFICATE NUMBER:15/16 All Lines 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
LTR
I TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MPM/DDfY!MP
LIMITS
X I COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE S 1,000,000
A
CLAIMS -MADE � OCCUR
DAMAGE T RENTED 100 , 000
PREMISES Ea occurrenceS
MED EXP (Any one person) S 5,000
X
Y
ACP7254581925
7/20 r /2015
7/20/2016
PERSONAL 8 ADV INJURY S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE S 2,000,000
X POLICY ECT LOC
PRODUCTS -COMP/OP AGG S 2,000,000
S
OTHER:
AUTOMOBILE
LIABILITY
EO BINEDtSINGLE LIMIT $ 1 , 000,000
BODILY INJURY (Per person) S
A
I
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X
Y
ACP7254581925
7/20/2015
7/20/2016
BODILY INJURY (Per accident) S
X NON -OWNED
HIRED AUTOS AUTOS
PROPERTY DAMAGE $
Per accident
PIP -Additional S '
UMBRELLA LIAB X OCCUR
EACH OCCURRENCE S 1,000,000
AGGREGATE S 1,000,000
A
X
EXCESS LIAB CLAIMS -MADE'
DED I X I RETENTIONS 0
S
ACP7254581925
7/20/2015
7/20/2016
WORKERS N
AND EMPLOYOERS' L ABILITY. Y / N
PER
X STATUTE I EERH
E.L. EACH ACCIDENT S 500 000
A
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(MIf yandatory In NH)
DESs, describe under.
CRIPT ON OF OPERATIONS below
N / A
ACP7254581925
7/20/2015
7/20/2016
E.L. DISEASE - EA EMPLOYE S 500,000
E.L. DISEASE - POLICY LIMIT I S 500,000
t
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
This is an amended' certificate and supercedes any previously issued certificate.
CERTIFICATE HOLDER CANCELLATION
coi@salina.org
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Salina
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
300 W Ash
ACCORDANCE WITH THE POLICY PROVISIONS.
Salina, KS 67401
AUTHORIZED REPRESENTATIVE
Tara Earley/TEARL L
1988-2014 ACORD ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD I
INS025 /2014011 �� 5 , /
COMMERCIAL AUTO
AC 01 02KS 03 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT -
KANSAS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
A. CHANGES FOR TRAILERS AND FARM
EQUIPMENT
1. Under the COVERED AUTOS SECTION,
the following are added to Paragraph C.
Certain Trailers, Mobile Equipment and
Temporary Substitute Autos:
4. "Trailers" designed to be towed by a pri-
vate passenger type "auto' or a pickup,
panel truck or van if not used for busi-
ness purposes, other than farming or
ranching.
5. Farm wagons or farm implements while
being towed by a covered "auto".
B. CHANGES FOR ADDITIONAL NEWLY
ACQUIRED VEHICLES
2. Paragraph B.2 of the COVERED AUTOS
SECTION is replaced by the following:
2. If Symbol(s) 7 or 67 is entered next to a
coverage in Item Two of the Declara-
tions, an "auto" you acquire will be a
covered "auto' for that coverage only if:
a. We already cover at least one "auto'
you own for that coverage or it rep-
laces an "auto" you previously
owned that had that coverage; and
b. You tell us within 30 days after you
acquire it that you want us to cover
it for that coverage.
The most we will pay for Physical Damage
Coverage for "loss" under this Coverage Ex-
tension is $100,000 per "auto", subject to
the largest deductible applicable to any "au-
to" for that Coverage.
C. BLANKET ADDITIONAL INSURED
dent, other than a contract for the lease or
rental of a vehicle is an "insured" for Liability
Coverage, but only to the extent that person
or organization qualifies as an "insured" un-
der the Who Is An Insured Provision con-
tained in the LIABILITY COVERAGE
SECTION of the Coverage Form
D. ADDITIONAL EXCLUSIONS
The following exclusions are added .to
LIABILITY COVERAGE SECTION:
Explosives
For coverage in excess of the limits required
by the Kansas Financial Responsibility Law,
"bodily injury" or "property damage" caused
by the explosion of explosives you make,
sell or transport.
Rolling Stores
If a covered "auto' is a rolling store, "bodily
injury" or "property damage" resulting from
the handling, use or condition of any item
the "insured" makes, sells or distributes if
the injury or damage occurs after the "in-
sured" has given up possession of the item.
Wrong Delivery of Liquid Products
"Bodily injury" or "property damage" result-
ing from the delivery of any liquid into the
wrong receptacle or to the wrong address,
or from the delivery of one liquid for another,
if the "bodily injury" or "property damage"
occurs after the delivery has been com-
pleted.
Delivery is considered completed even if fur-
ther service or maintenance work, or correc-
tion, repair or replacement is required be-
cause of wrong delivery.
Any person or organization which you have Professional Services
agreed to name as an additional insured in a
written contract, executed prior to an acci- "Bodily injury":
AC 01 02KS 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3
with its permission.
ACP BAA 72-5-4581925 74TW 15154 INSURED COPY AC0102031000 0001 72 0001994
AC 01 02KS 03 10
a. Resulting from the providing or the fail-
ure to provide any medical or other pro-
fessional services.
b. Resulting from food or drink furnished
with these services.
"Bodily injury" or "property damage" result-
ing from the handling of corpses.
E. MOTOR HOME CONTENTS COVERAGE
1. For a covered "auto" that is a motor home
the following• exclusions are added to the
PHYSICAL DAMAGE COVERAGE
SECTION:
Motor Home Contents
This insurance does not apply to:
a. "Loss" to the covered "auto's" contents,
except equipment usual to trucks or pri-
vate passenger "autos".
b. "Loss" to TV antennas, awnings or ca-
banas.
c. "Loss" to equipment designed to create
added living facilities.
However, these exclusions do not apply if Mis-
cellaneous Personal Property Coverage is pro-
vided by endorsement to this policy.
F. ACCIDENTAL AIRBAG DISCHARGE
COVERAGE
Under the PHYSICAL DAMAGE COVERAGE
SECTION, the following is added:
Mechanical breakdown does not include the ac-
cidental discharge of an airbag.
G. PHYSICAL DAMAGE LIMIT OF INSURANCE
Paragraph C. Limit of Insurance of the
PHYSICAL DAMAGE COVERAGE SECTION is
replaced by the following:
C. Limit Of Insurance
1. The most we will pay for "loss" in any one
"accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
"loss"; or
b. The cost of repairing or replacing the
damaged or stolen property.
2. $1,000 is the most we will pay for "loss" in
any one "accident" to all electronic equip-
ment that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss" is:
Page 2 of 3
ACP BAA 72-5-4581925
a. Permanently installed in or upon the
covered "auto' in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the instal-
lation of such equipment.
b. Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment, or
c. An integral part of such equipment.
3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of total "loss".
4. The cost of repairing or replacing may be
based on an estimate which includes parts
furnished by the original equipment manu-
facturer or other sources including non -
original equipment manufacturers.
5. If we offer to pay the actual cash value, of
the damaged or stolen property, we will val-
ue auto advertising modification, in addition
to the actual cash value of the property. Au-
to advertising wraps, paint customization,
and similar business related advertising
modifications will be valued at the cost;to
replace them with an adjustment made for
depreciation and physical condition.
H. GLASS REPAIR —WAIVER OF DEDUCTIBLE
Under Paragraph D. Deductible in the
PHYSICAL DAMAGE COVERAGE SECTION,
the following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
I. AMENDED DUTIES IN EVENT OF ACCIDENT,
CLAIM, SUIT, OR LOSS
The requirement in Loss Condition 2.a. Duties In
the Event Of Accident, Claim, Suit Or Loss _ of
the BUSINESS AUTO CONDITIONS SECTION
and the MOTOR CARRIER CONDITIONS
SECTION that you must notify us of an "acci-
dent", "claim", "suit", or "loss" applies only when
the "accident", "claim", "suit", or "loss" is known
to :
1. You, if you are an individual
2. A partner if you are a partnership;
3. An executive officer or the employee desig-
nated by you to give such notice if you are a
corporation; or
4. A member, if you are a limited liability com-
pany.
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
74TW 15154 INSURED COPY AC0102031000 0001
AC 01 02KS 03 10
72 0001995
J.
K.
UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
The BUSINESS AUTO CONDITIONS SECTION
and MOTOR CARRIER CONDITIONS
SECTION— B.2. is amended by the addition of
the following:
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure. However, this
provision does not affect our right to collect addi-
tional premium or exercise our right of cancella-
tion or nonrenewal.
AUTOS HIRED OR RENTED BY EMPLOYEES
If hired or rented "autos" are covered "autos" on
this policy, the following provisions apply:
A. Changes In Liability Coverage
The following is added to the Who Is An In-
sured Provision in the LIABILITY
COVERAGE SECTION:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.
B. Changes In General Conditions
Paragraph 5.b. of the Other Insurance
Condition in the Business Auto Coverage
Form and Paragraph 5.f. of the Other In -
AC 01 02KS 03 10
surance Condition in the Motor Carrier
Coverage Form is replaced by the following:
For Hired Auto Physical Damage Coverage,
the following are deemed to be covered "au-
tos" you own:
1. Any covered "auto" you lease, hire, rent
or borrow; and
2. Any covered "auto" hired or rented by
your "employee" under a contract in that
individual "employee's" name, with your
permission, while performing duties �e-
lated to the conduct of your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
L. EMERGENCY LOCKOUT — PRIVATE
PASSENGER VEHICLES
We will reimburse you up to $50 for reasonable
expense incurred for the services of a locksmith
to gain entry into your covered "auto" of the pri-
vate passenger type subject to these provisions:
1. Your door key or key entry pad has been
lost, stolen or locked in your covered "auto"
and you are unable to enter such "auto", or
2. Your key or key entry pad has been lostlor
stolen and you have changed the lock jto
prevent an unauthorized entry; and
3. Original copies of receipts for services of a
locksmith must be provided before reim-
bursement is payable.
All terms and conditions of this policy apply unless modified by this endorsement.
AC 01 02KS 03 10
ACP BAA 72-5-4581925
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
74TW 15154 INSURED COPY AC0102031000 0001
Page 3 of 3
72 0001996
COMMERCIAL GENERAL LIABILITY
CG 72 88 12 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ENHANCEMENT ENDORSEMENT
INCLUDING MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. Lost Key Coverage
"Loss" means unintentional damage or
1.
Under Section I — Coverages, Coverage A
destruction but does not include
Bodily Injury And Property Damage
disappearance, theft, or loss of use.
Liability, coverage is extended to include
C. Non -Owned Watercraft
the following:
Under Section I — Coverages, Coverage, A
If a customer's master or grand key,
Bodily Injury And Property Damage Liability,
excluding electronic key card, is lost while in
2. Exclusions exclusion g. Aircraft, Auto Or
your care, custody or control we will pay the
Watercraft Paragraph (2) (a) is replaced with:
cost of replacing the keys, including the
(a) Less than 51 feet long; and
master lock and all keys used in the same
D. Expanded Property Damage Coverage
lock, the cost of adjusting locks to accept the
new keys, or the cost to replace the locks,
1. For the purposes of this endorsement only:
whichever is less. .
Section I — Coverages, Coverage ', A
2.
Limit of Insurance - The most we will pay
Bodily Injury And Property Damage
for "loss" arising out of any one "occurrence"
Liability, 2. Exclusions, exclusion j.
is $101000.
Damage to Property is amended as
3.
Under Section V Definitions the following
follows:
definition is added:
a. Paragraph (3), (5), and (6) are deleted
"Loss" means unintentional physical damage
in their entirety.
or destruction to tangible property, including
b. Paragraph (4) is deleted in its entirety
theft or disappearance. Tangible property
and replaced with :
does not include money or securities.
(4) Personal property in the care
B. Voluntary
Property Damage
custody or control of the insured:
1.
Under Section I — Coverages, Coverage A
(a) for storage or sale at premises
Bodily Injury And Property Damage Liability,
you own, rent or occupy; or
coverage is extended to include the following:
(b) while being transported by any
At your request, we will pay for "property
aircraft, "auto" or watercraft
damage" to property of others caused by you
owned or operated by or rented
and while in your possession, arising out of your
to or loaned to any insured.
business operations and occurring during the
c. The coverage provided by this
policy period.
endorsement does not apply to
2.
Limit of Insurance - The most we will pay
"property damage":
for "loss" arising out of any one "occurrence"
(1) Arising out of the disappearance' or
is $1500.
loss of use of personal property; or
3.
Under Section V — Definitions is amended
as follows:
CG 72 88 12 14
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
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ACP GLA07254581925 74TW 15155 INSURED COPY 72 0001881
CG 72 88 12 14
Page 2 of 5
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
CG 72 8812,14
ACP GLA07254581925 74TW 15155 INSURED COPY 72 0oo1882
(2) Included in the "products -completed
leakage insurance for premises rented
operations hazard"..
to you or temporarily occupied by you
2.
Limit of Insurance - The most we will pay
with permission of the owner.
for "property damage" provided by this
F. Supplementary Payments.
coverage in any one "occurrence" is $5,000.
Under Section I — Coverages, Supplementary
3.
Deductible - Our obligation to pay for a
Payments — Coverages A And B paragraphs
covered loss applies only to the amount of
1.b. and 1.d. are replaced with:
loss in excess of $250.
b. Up to $2,500 for cost of bail bonds required
We will pay the deductible amount to effect
because of accidents or traffic law violations
settlement of any claim or "suit' and upon
arising out of the use of any vehicle to which
notification having been taken you shall
the Bodily Injury Liability Coverage applies.
promptly reimburse us for the deductible as
We do not have to furnish these bonds.
has been paid by us.
d. All reasonable expenses incurred by the
This insurance is primary to any expanded
insured at our request to assist us in the
damage coverage provided by a separate
investigation or defense of the claim or
endorsement attached to this policy, and it
'.suit", including actual loss of earnings up;to
will supplant any deductible in said
$500 a day because of time off from work.:
endorsement.
G. Newly Formed And Acquired Organizations
E. Damage
To Premises Rented To You
Under Section II — Who Is An Insured
1.
Under Section I — Coverages, Coverage A
Paragraph 3.a. is replaced with:
Bodily Injury And Property Damage
a. Coverage under this provision is afforded
Liability, the Iasi paragraph of 2.
only until the 1801h day after you acquire:or
Exclusions of is replaced with:
form the organization or the end of the policy
If Damage to Premises Rented to You is not
period, whichever is earlier;
otherwise excluded, exclusions c. through n.
H. Additional Insured — Automatic Status When
do not apply to damage by fire, lightning,
Required In An Agreement Or Contract With
explosion, smoke or sprinkler leakage to
You
premises while rented to you or temporarily
occupied by with of the
Section II — Who Is An Insured is amended; to
you permission
include:
owner.
2.
Under Section III — Limits Of Insurance,
4. Any person(s) or organization(s) described
Paragraph 6. is replaced with:
in Paragraphs a. — d. with whom you have
agreed in writing in a contract or written
6. Subject to 5. above, the Damage To
agreement that such person or organization
Premises Rented To You Limit is the
be added as an additional insured on your
most we will pay under Coverage A for
policy during the policy period shown in the
damages because of "property damage"'
Declarations.
to any one premises, while rented to
you, or in the case of damage by fire,
The person or organization added as an
lightning, explosion,. smoke or sprinkler
insured by this endorsement is an insured
leakage, while rented to you or
only to the extent you are held liable due to:
temporarily occupied by you with
a. Lessors of Leased Equipment .with
permission of the owner. The limit is
respect to their liability for "bodily injury",
increased to $300,000.
"property damage", or "personal and
3.
Under Section IV — Commercial General
advertising injury", caused in whole or in
Liability Conditions, 4. Other Insurance,
part by your maintenance, operation or
b. Excess Insurance (1) (a) (ii) is replaced
use of equipment leased to you by such
with
(ii) That is Fire, Lightning, Explosion,
Smoke or Sprinkler
Page 2 of 5
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
CG 72 8812,14
ACP GLA07254581925 74TW 15155 INSURED COPY 72 0oo1882
person(s) or organization(s). This
insurance does not apply to any
"occurrence" which takes place after the
lease expires.
However, their status as additional
insured under this policy ends when
their lease, contract or agreement with
you for such leased equipment expires.
b. Managers or Lessors of Premises
with respect to liability arising out of the
ownership, maintenance or use of that
part of the premises you own, rent,
lease or occupy.
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in
that premises.
(2) Structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
person or organization.
However, their status as additional
insured under this policy ends when you
cease to be a tenant of such premises.
c. State or Political Subdivision —
Permits Relating to Premises with
respect to the following hazards for
which the state or political subdivision
has issued a permit or authorization in
connection with premises you own, rent
or control and to which this insurance
applies:
(1) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings,
canopies, cellar entrances, coal
holes, driveways, manholes,
marquees, hoist away openings,
sidewalk vaults, street banners, or
decorations and similar exposures;
or
(2) The construction, erection, or
removal of elevators; or
(3) If coverage provided to the
additional insured is required by a
contract or agreement the insurance
afforded to such additional insured
will not be broader than that which
you are required by the contract or
agreement to provide for such
additional insured.
CG 72 88 12 14
CG 72 88 12 14
This insurance does not apply to:
(1) "Bodily injury" or "property damage"
or "personal or advertising injury'
arising out of operations performed
for the state or municipality; or
(2) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
However, such state or political
subdivision's status as additior al
insured under this policy ends when the
permit ends.
d. Owners, Lessees, or Contractors
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those
acting on your behalf;
in the performance of your ongoing
operations performed for that
additional insured, whether the work
is performed by you or on your
behalf.
The insurance does not apply to:
(1) "bodily injury", "property damage",
or "personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
architectural, engineering or survey
services, including:
(a) The preparing, approving, ; or
failing to prepare or approve
maps, shop drawings, opinions,
reports, survey, field orders,
change orders or drawings and
specifications: or
(b) Supervisory, inspection,
architectural or engineering
activities.
(2) "Bodily injury" or "property damage"
occurring after: '
(a) All work, including materials,
parts or equipment furnished in
connection with such work, ;on
the project (other than service,
maintenance or repairs) to ibe
performed by or on behalf of the
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
ACP GLA07254581925 74TW 15155 INSURED COPY
Page 3 of 5
72 0001883
CG 72 88 12 14
additional insured(s) at the
location of the covered
operations has been completed;
or
(b) That portion of "your work" out
of which the injury or damage
arises has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
engaged in performing
operations for a principal as a
part of the same project.
However, a person or organization's status
as additional insured under this policy ends
when your operations for that additional
insured are completed.
However, the insurance afforded to such
additional insureds a. — d.described above: .
a. Only applies to the extent permitted by law;
and
b. Will not be broader than that which you are
required by the contract or agreement to
provide such additional insured.
I. Aggregate Limit Per Project
Under. Section III — Limits Of Insurance The
following paragraph is added to paragraph 2:
The General Aggregate Limit under Section III
Limits of Insurance applies separately to each
of your construction projects away from
premises owned by or rented to you.
J. Medical Payments
Under Section III — Limits Of Insurance,
Paragraph 7. is replaced with:
7. Subject to 5. above, the higher of:
a. $10,000; or
b. The amount shown in the Declarations
for Medical Expense Limit is the most
we will pay under Coverage C for all
medical expenses because of "bodily
injury" sustained by one person.
e. Knowledge of an occurrence, offense, claim
or, suit by an agent or employee of any
insured shall not in itself constitute
knowledge of the insured unless you, 1 a
partner, if you are a partnership; or an
executive officer or insurance manager,` if
you are a corporation receives such notice
of an occurrence, offense, claim or suit from
the agent or employee.
f. The requirements in Paragraph b. will not be
considered breached unless there is
knowledge of occurrence as outlined in
paragraph e. above.
L. Unintentional Failure To Disclose Hazard
Under Section IV — Commercial Genual
Liability Conditions, condition 16.
Representations the following paragraph is
added:
d. Your failure to disclose all hazards or prior
"occurrences" or offenses existing as of the
inception date of the policy shall not
prejudice the coverage afforded by this
policy provided such failure to disclose ;all
hazards or prior "occurrences" or offenses is
not intentional. This provision does not
affect our right to collect additional premium
or exercise our right of cancellation or non-
renewal.
M. Waiver Of Subrogation
Under Section IV — Commercial Geneial
Liability Conditions, 8. Transfer of Rightsiof
Recovery Against Others to Us the following
paragraph is added:
If required by a written contract executed prior to
loss, we waive any right of subrogation we may
have against the contracting person or
organization because of payments we make ;for
injury or damage arising out of your ongoing
operations or "your work" done under a contract
with that person or organization and included in
the "products -completed operations hazards".
N. Liberalization
This coverage does not apply if Coverage C — Section IV — Commercial General Liability
Medical Payments is excluded either by the Conditions, condition 10. Liberalization the
provisions of any coverage forms attached to the following is added:
policy or by endorsement. If we revise this coverage form to provide more
K. Knowledge Of An Occurrence coverage without additional premium charge,
Under Section IV — Commercial General your policy will automatically provide the
Liability Conditions, The following is added to additional coverage as of the day the revision is
condition 2. Duties In The Event Of effective in your state.
Occurrence, Offense, Claim Or Suit:
Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12;14
with its permission.
ACP GLA07254581925 74TW 15155 INSURED COPY 72 0001884
O. Broadened Bodily Injury Definition (Mental
Anguish)
Under Section V — Definitions definition 3. Is
replaced with:
CG 72 88 12 14
3. "Bodily injury" means physical injury,
sickness or disease to a person and, if
arising out of the foregoing, mental anguish,
mental injury, shock or humiliation, including
death at anytime resulting therefrom.
All terms and conditions of this policy apply unless modified by this endorsement.
CG 72 88 02 14
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 5 of 5
ACP GLA07254581925 74TW 15155 INSURED COPY 72 0001885
COMMERCIAL AUTO
AC 01 01A 03 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO ADVANTAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
A. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations
is amended to include any organization you
newly acquire or form, other than a partnership,
joint venture, or limited liability company, and
over which you maintain ownership or majority
(more than 50%) interest; if there is no other
similar insurance available to that organization.
Coveraq%e under this provision is afforded until
the 180 day after you acquire or form the or-
ganization or the end of the policy period, whi-
chever is later.
B. TEMPORARY SUBSTITUTE AUTOS —
PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of the — COVERED AUTOS
SECTION:
If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "autos" for Physi-
cal Damage Coverage:
Any "auto" you do not own while used with
the permission of its owner as a temporary
substitute for a covered "auto" you own that
is out of service because of its:
a. Breakdown;
b. Repair;,
c. Servicing;
d. "Loss"; or
e. Destruction
The coverage that applies is the same as
the coverage provided for the vehicle being
replaced.
C. EMPLOYEES AS INSUREDS — NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of the LIABILITY COVERAGE
SECTION:
d. Any "employee" of yours is an "insured"
while using a covered "auto" you don't
own, hire or borrow in your business or
your personal affairs.
D. SUPPLEMENTARY PAYMENTS — BAIL
BONDS
Paragraph A.2.a. (2) of the LIABILITY
COVERAGE SECTION is revised as follows:
(2) Up to $2,500 for cost of bail bonds (in-
cluding bonds for related traffic law vi-
olations) required because of an "acci-
dent" we cover. We do not have, to
furnish these bonds.
E. SUPPLEMENTARY PAYMENTS — LOSS OF
EARNINGS
Paragraph A.2.a.(4) of the LIABILITY
COVERAGE SECTION is revised as follows:
(4) All reasonable expenses incurred by the "in-
sured" at our request, including actual loss
of earnings up to $500 a day because', of
time off from work.
F. FELLOW EMPLOYEE — OFFICERS,
MANAGERS, AND SUPERVISORS
Paragraph B.5.A. Fellow Employee in the
LIABILITY COVERAGE SECTION is replaced
as follows;
A. "Bodily injury" to any fellow "employee", of
the "insured" arising out of and in the course
of the fellow "employee's" employment or
while performing duties related to the con-
duct of your business. This exclusion does
not apply to an "insured" who occupies a
position as an officer, manager, or supervi-
sor.
G. PERSONAL EFFECTS AND PROPERTY OF
OTHERS EXTENSION
1. Paragraph B.6. Care, Custody or Control of
the LIABILITY COVERAGE SECTION, does
not apply to "property damage" to property,
other than your property, up to an amount
i
AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3
with its permission
AC 01 01A 03 10
not exceeding $250 in any one "accident".
Coverage is excess over any other valid and
collectible insurance.
2. The following paragraph is added to A.4.
Coverage Extensions of the — PHYSICAL
DAMAGE COVERAGE SECTION:
c. We will pay up to $500 for your property
that is lost or damaged as a result of a
covered "loss", without applying a de-
ductible. Coverage is excess over any
other valid and collectible insurance.
H. HIRED AUTO PHYSICAL DAMAGE
If covered "auto" designation symbols 1,8,61 or
68 apply to Liability Coverage and if at least one
"auto" you own is covered by this policy for
Comprehensive, Specified Causes of Loss, or
Collision coverages, then the Physical Damage
coverages provided are extended to "autos" you
lease, hire, rent or borrow without a driver; and
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage ap-
ply. The deductible will be equal to the largest
deductible applicable to any owned "auto" for
that coverage. Any Comprehensive deductible
does not apply to fire or lightning.
EXPANDED TOWING COVERAGE
We will pay up to:
1. $100 for a covered "auto" you own of the
private passenger type, or
2. $250 for a covered "auto" you own that is
not of the private passenger type,
for towing and labor costs incurred each time
the covered "auto" is disabled. However, the la-
bor must be performed at the place of disable-
ment.
This coverage applies only for an "auto" covered
on this policy for Comprehensive or Specified
Causes of Loss Coverage and Collision Cove-
rages.
J. AUTO LOAN OR LEASE COVERAGE
1. In the event of a total "loss" to a covered
"auto", we will pay any unpaid amount due
on the loan or lease, including up to a max-
imum of $500 for early termination fees or
penalties, for your covered "auto" less:
a. The amount paid under the - PHYSICAL
DAMAGE COVERAGE SECTION of this
policy; and
b. Any:
1) Overdue lease/loan payments at the
time of the "loss';
2) Financial penalties imposed under, a
lease for excessive use, abnormal
wear and tear or high mileage;
3) Security deposits not refunded by a
lessor;
4) Costs of extended warranties, Cre-
dit Life insurance, Health, Accident,
or Disability insurance purchased
with the lease; and
5) Carry-over balances from previous
leases.
2. This coverage only applies to a "loss" which
is also covered under this policy for Com-
prehensive, Specified Causes of Loss, or
Collision coverage.
3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
"auto" is not the sole collateral.
i
K. RENTAL REIMBURSEMENT COVERAGE
1. This coverage applies only to a covered "au-
to" for which Physical Damage Coverage; is
provided on this policy.
2. We will pay for rental reimbursement ex-
penses incurred by you for the rental of an
"auto" because of "loss" to a covered "auto".
Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered "auto." No deductibles
apply to this coverage.
3. We will pay only for those expenses in-
curred during the policy period beginning ,24
hours after the "loss" and ending, regardless
of the policy's expiration, with the lesser of
the following number of days:
a. The number of days reasonably re-
quired to repair or replace the covered
"auto". If "loss" is caused. by theft, this
number of days is added to the number
of days it takes to locate the covered
"auto" and return it to you.
b. The number of days shown in the Sche-
dule.
4. Our payment is limited to the lesser of the
following amounts:
1. Necessary and actual expenses in-
curred.
2. $75 for any one day or for a maximum
of 30 days.
5. This coverage does not apply while there
are spare or reserve "autos" available to you
for your operations.
Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc AC 01 01A 03 10
with its permission.
If "loss" results from the total theft of a cov-
ered "auto" of the private passenger type,
we will pay under this coverage only that
amount of your rental reimbursement ex-
penses which is not already provided for
under the PHYSICAL DAMAGE
COVERAGE Coverage Extension.
7. Coverage does not apply to any covered
"auto" for which coverage is provided by en-
dorsement form CA9923 on this policy.
L. EXPANDED TRANSPORTATION EXPENSE
Paragraph AA.a. of the PHYSICAL DAMAGE
COVERAGE SECTION is replaced by the fol-
lowing:
We will pay up to $50 per day to a maximum of
$1000 for temporary transportation expense in-
curred by you because of the total theft of a
covered "auto" of the private passenger type.
We will only pay for those covered "autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage. We will pay for tem-
porary transportation expenses incurred during
the period beginning 48 hours after the theft and'
ending, regardless of the policy's expiration,
when the covered "auto" is returned to us or we
pay for its "loss".
M. EXTRA EXPENSE — STOLEN AUTOS
The following paragraph is added to Section
A.4. of the — PHYSICAL DAMAGE COVERAGE
SECTION:
c. We will pay for up to $5,000 for the expense
of returning a stolen covered "auto" to you.
We will pay only for those covered "autos"
for which you carry Comprehensive or Spe-
cified Causes of Loss Coverage
N. NEW VEHICLE REPLACEMENT COST
The following is added to paragraph C.Limit of
Insurance of the PHYSICAL DAMAGE
COVERAGE SECTION:
AC 01 01A 03 10
5. The provisions of paragraphs 1.and 3. do
not apply to a covered "auto" of the private
passenger type or a vehicle with a gross ve-
hicle weight of 20,000 pounds or less which
is a new vehicle.
In the event of a total "loss" to your new ve-
hicle to which this coverage applies, we will
pay at your option:
a. The verifiable new vehicle purchase
price you paid for your damaged ve-
hicle, not including any insurance or
warranties purchased;
b. If it is available, the purchase price, as
negotiated by us, of a new vehicle of the
same make, model, and equipment for
the most similar model available, not in-
cluding any furnishings, parts, or equip-
ment not installed by the manufacturer
or manufacturers' dealership; or.
c. The market value of your damaged ve-
hicle, not including any furnishings,
parts, or equipment not installed by the
manufacturer or manufacturer's dealer-
ship.
We will not pay for initiation or set up costs
associated with loans or leases
In this endorsement, a new vehicle means
an "auto" of which you are the original owner
that has not been previously titled and which
you purchased less than 365 days before
the date of the "loss".
O. BLANKET WAIVER OF SUBROGATION
The following is added to paragraph 5. Transfer
Of Rights Of Recovery Against Others To Us of
— BUSINESS AUTO and MOTOR CARRIER
CONDITIONS SECTIONS:
We waive any right of recovery we may have
against any person or organization to the extent
required of you by a written contract executed
prior to any "accident" because of payments we
make for damages under this coverage form.
All terms and conditions of this policy apply unless modified by this endorsement.
AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3
with its permission