DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
Adams-Streeter Civil Engineering, Inc.
Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 1/10/2023, by and between the City of Lake Elsinore, a municipal corporation ("City), and Adams-Streeter Civil Engineers, Inc., a Corporation ("Consultant").
RECITALS
The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/11/2022, (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
The Original Agreement provided for compensation to Consultant in an amount of One Hundred forty-five thousand, eight hundred fifty-five dollars ($145,855.00).
The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:
Consultant shall also perform the services described in Consultant's Addendum No. 1 Proposal (attached to this Amendment No. 1 as Exhibit A-1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.
2. Section 3, Compensation, of the Original Agreement is hereby amended to add the following:
Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant's Addendum No. 1 Proposal (referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Consultant's compensation related to Exhibit A-1 to Amendment No. 1 exceed seventy-one thousand dollars ($71,000.00) without additional written authorization from the City Council. Total compensation for services provided under the Original Agreement and this Amendment No. 1 shall not exceed two hundred sixteen thousand eight hundred fifty-five dollars ($216,855) without additional written authorization from the City Council.
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
"CITY" "CONSULTANT"
CITY OF LAKE ELSINORE, a municipal Adams-Streeter Civil Engineering, Inc. corporation
• DocuSigned by:
Jason Simpson - DocuSigned by:
1F66156256F5412. Randy Streeter
City Manager
RandalL.* Streeter,
President/Principal In-Charge
Date: 1/17/2023 | 3:55 PM PST
Date: /17/2023 | 3:47 PM PST
ATTEST:
- DocuSigned by:
1/19/2023 | 12:15 PM PST
49748C400...
City Clerk
APPROVED AS TO FORM:
-DocuSigned by:
Barbara Leibold 1/16/2023 | 12:08 PM PST
08009090A74
tv Attorne
- DocuSigned by:
1/12/2023 | 1:49 PM PST
Shannon Bucklen
Assistant city Manager
Attachments: Exhibit A-1 — Consultant's Proposal
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 EXHIBIT A-1
CONSULTANT'S PROPOSAL
[ATTACHEDI
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384
HOURLY AND FEE BREAKDOWN SUMMARY HOURLY AND FEE BREAKDOWN SUMMARY
MAIN STREET PEDESTRIAN SAFETY IMPROVEMENTS AND INFORMATION TECHNOLOGY INFRASTRUCTURE PROJECT MAIN STREET PEDESTRIAN SAFETY IMPROVEMENTS AND INFORMATION TECHNOLOGY INFRASTRUCTURE PROJECT CONIRACICO SCORE ADDENDUM NO. 1
SUBCONSULTANT ASCE SUBCONSULTANT
Hourty Rates Hourly Rates
2-Man TOTAL TOTAL
Survey Engr. 2-Man Survey FEE
Office Omice UBXR Office Office UBXR RFA
165 402 265 402
1. Project Management and Coordination 1. Project Management and Coordination Project Management, Schedules, Meeting Minutes $2,640 Project Management, Schedules, Meeting Minutes b. Design Collaboration and Review Meetings w/ City Staff $650 S435 $4,385 b. Design Collaboration and Review Meetings w/ City Staff $1,320 Field Review, Documentation & Assessment of Site Conditions $1,320 d. Quality Assurance / Quality Control (QA/QC) d. Quality Assurance / Quality Control (QA/QC) $1,980 e. Reprographics (Budgeted)
2. Information Research, Review & Utility Coordination. 2. Information Research, Review & Utility Coordination carch and Review 1o-built / RC ora Plan
b. Utility Purveyor Notification, Atlas Request & Coordination $3,300 b. Utility Purveyor Notification, Atlas Request & Coordination $1,320 c. Develop Existing Utilities Base Map c. Develop Existing Utilities Base Map $3,300
3. Mapping and Initial Field Survey Verifications 3. Mapping and Initial Field Survey Verifications a. Research and Review Record Maps and Documents $1,320 3. Research and Rever Record Maps and Documen Base for Stee $1,320 b. Mapping Calculations and Development of Mapping Base for $5,940 Street Right-of-Way and Centerline Right-of-Way and Centerline $4,620
4. Field Topographic Survey
a. Establish Field Controls and Processing Establish Field Controls and Processing $2,450 b. Topographic Design Survey and Processing - Intersection and b. Topographic Design Survey and Processing - Intersection and Crosswalk Enhancement Locations Crosswalk Enhancement Locations c. Topographic Design Survey and Processing • ADA Ramp c. Topographic Design Survey and Processing - Curb & Gutter, CL $10,260 $2,780
Replacement Locations (13) pavement for Design of conduits & drainge design
5. Conceptual Plan Development (35% Plans) 5. Conceptual Plan Development (35% Plans) a. Intersection & Crosswalk Enhancement Alternatives a. Street Improvement Plan - Address drainage issue at Prospect ST. perso a cooperate crosswalk osaucey 93400 $8,760 and curb, gutter, sidewalk and drainage imp. on east side of Main $3,960 St., south of Prospect St
o. Vulity wuct banks, tateral branc laterals, cow vorage Condures b. Utility Duct Banks, Lateral Branch Laterals, Low Voltage Conduits and $1,200 $7,920
and Irrigation Sleeves, etc macon scores, ete
ADA Ramps (13 Locations) $6,600 ADA Ramps (13 Locations), d. Inset Pedestrian Flashing Lights (1 Location) $4,500 d. Inset Pedestrian Flashing Lights (1 Location) Concept Level Opinion of Probable Construction Cost $500 $2,230 Concept Level Opinion of Probable Construction Cost
1. Utility Verification via Potholing (Budgeted Amount) i Urity Verification via Potholing (Budgeted Amount, it is not posible. to determine the required number of pothole locations prior to (Performed By 3rd Party Potholing Company) preparation of plans)
6. Final Construction Documents (65%, 95% and 100% PS&E) 6. Final Construction Documents (65%, 95% and 100% PS&E) a. Title Sheet $1,320 a. Title Sheet
b. Street Improvement Plan - ADA Ramp Detail Plan b. Street Improvement Plan - Address drainage issue at Prospect ST. $6,600 and curd, Butter, sidewalk and drainage imp. on east side of misin. $5,280 St., south of Prospect St
c. Street Improvement Plan - Intersection and Crosswalk c. Street Improvement Plan - Intersection and Crosswalk $2,320 $15,520
chnancement
d. Utility Plan - Utility Duct Banks and Branch Laterals, Low Voltage d. Utility Plan - Utility Duct Banks and Branch Laterals, Low Voltage Conduits, Irrigation Sleeves, etc.) $1,400 $14,600 $6,600 Conduits, Irrigation Sleeves, etc.)
e. Street Improvement Plan - Inset Pedestrian Lighted Crosswalk Plan e. Street Improvement Plan - Inset Pedestrian Lighted Crosswalk Plan $4,500 $5,160
1. Opinion of Probable Construction Cost (65%, 95%, 100%] $450 $450 $2,220 f. Opinion of Probable Construction Cost (65%, 95%, 100%) $660 Specifications (95%, 100%) $450 S450 E. Specifications (95%, 100%) $1,320 h. Comment Resolution Matrix (65% & 95% Submittals) $1,770 h. Comment Resolution Matrix (65% & 95% Submittals) $660
7. Bid and Construction Support 7. Bid and Construction Support a. Prebid Meeting & Bidder Request for Clarification & Contract 2. Prebid Meeting & Bidder Request for Clarification & Contract Addenda Issuance $3,960 Addenda Issuance
b. Preconstruction Meeting, Bid Document Clarifications and Request b. Preconstruction Meeting. Bid Document Clarifications and Request for Information
GRAND TOTAL $12,800$4,000 $145,855 GRAND TOTAL 226 $70,940
OPTIONAL ITEMS OPTIONAL ITEMS
ASCE
JUBCONSULTANI SUBCONSULTANT
Hourly Rates Hourly Rates
ITEM DESCRIPTION 2-Man TOTAL TOTAL
Survey Engr. 2-Man Survey FEE
Office Survey Office UBXR P2S RFA Office Survey Office UBXR RFA 165 265 165
Topographic Design Survey and Processing - Cross Gutters at Flint Topographic Design Survey and Processing - Cross Gutters at Flint Street and Pottery Street (Optional Item) $860 Street and Pottery Street (Optional Item) Cross-Gutter Desien for Flint Street and Pottery Street $2,640 Cross-Gutter Desien for Flint Street and Pottery Street As-built Drawings $450 03.000 As-built Drawings $1,980
Prepared by Adams Streeter Civil Engineers
Doodign Omise I: LAST 4C01-6310-5450C
MAIN STREET PEDESTRIAN SAFETY
& INFORMATION TECHNOLOGY PROJECT
HO BUILDING LUKE KANIS. WALKWAY.
CORNER E.P. & GUTTER
ADDITIONAL
LIMITS OF
SURVEY CURB & GUTTER, E.P. C.L
B.W. @ 50 INTERVALS
CURB RAMP, WALKWAY,
E.P. & STRIPING, GO OUT
Flint Street TO 2ND EXPANSION
JOINTS ON SIDEWALKS
CURB & GUTTER, E.P. C.L.
@ 50" INTERVALS
GRA RAMP WAKAY
B.W. @ 50 INTERVALS
E.P. & STRIPING, GO OUT
TO 2ND EXPANSION
SUCHALK
CURB & GUTTER, E.P. C.L CURB & GUTTER, E.P. C.L.
B.W. @ 50" INTERVALS B.W. @ 25 INTERVALS
ADDITIONAL
LIMITS OF
SURVEY
-Bottery Street
ADDITIONAL
LIMITS OF
STREET
SURVEY
POLES CURB & GUTTER, E.P. C.L,
8W. @ SO INTERVALS
LOCATE ALL THE MANHOLES
& VALVES ALONG THE ENTIRE
HIR RAND WAI KWAY. STRETCH OF MANSIReeI
EP & STRIPING, GO OUT
EXPANSION STREET
JOINTS ON SIDEWALKS LIGHTS
Sumner Ave
CURB RAMP, WALKWAY,
. GO OUT
CURB & GUTTER, E.P. C.L,
JOINTS ON SIDEWALKS
CURB & GUTTER, E.P. C.L, Franklin Street
• CRR RAXPO CROCWaCbT•
@ 50' INTERVALS MORE DETAIL IN THE MIDDLE OF THE
B.W. SL. PULL BOXES INTERSECTION. MANHOLES, VALVES.
DETAILS AT BRIDGE FOR -
CHANNEL CROSSING CURB & GUTTER, EP. C.L,
B.W. @ 50' INTERVALS
ADDITIONAL
LIMITS OF
SURVEY
CURB & GUTTER. E.P. C.L.
ADDITIONAL
LIMITS OF C&G, CL, SL, FINGER PLANTER, BW
SURVEY OR SIDEWALK SHOT. ELECT PÚLL
Peck Street
CURB RAMPS, CROSSWALKS, A LITTLE C&G, CL, SL, FINGER PLANTER, BW MORE DETAIL IN THE MIDDLE OF OR SIDEWALK SHOT. ELECT PULL BOX
Graham Ave Graham Ave
Graham we
OR SIDEWALK SHOT. ELECT PULL
BOX RESPONSES
CROSSWALK SIGN,
PULL BOX. BOLLARDS
Prospect Street
CURB RAMPS, C&G, CL, L.S., FINGER PLANTER,
EPS STRIPING
PULL BOX
SURVEY TO PROVIDE
Limited Street
INFORMATON AS NEEDEDTO
ADDRESS PONDING ISSUE
E.P. SWALE. GUTTER B.W. OR
TOE OF SLOPE @ 50 INTERVALS
3 INLETS
E.P., SWALE. GUTTER, TOE OF
SLOPE
Library Street
CURB RAMP. DRY UTILITY LEGEND:
E.P. & STRIPING. STREET
SWALE LIGHTS/POLES
2-4" CONDUITS UTILTY DUCT BANK
POWER 2-2 CONDUIT TO STREET LIGHTS
2-2" CONDUIT TO PLANTER
WITH 18" X 30ª HANDHOLE
SURVEYING AND Lokeshore Drive
E.P. & STRIPING
ENGINEERING DECORATIVE IRRIGATION LEGEND:
LANDSCAPE BANDING 3° IRRIGATION SLEEVE
LIMITS OF WORK LIMITS OF
SURVEY 1 CONDUIT FOR LOW VOLTAGE WIRE
12/1/2022
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 ADAMSTR-01 MCCOWANA
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/18/2022
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 endorsec f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER License # 0E67768
OA Insurance Services PHONE
PHN, Ext: 619) 574-6223 50203 [AC, No): (619) 574-6288
370 La Jolla Village Drive
Suite 600 ADDRESS: [email protected]
San Diego, CA 92122
INSURERS) AFFORDING COVERAGE NAIC #
INSURERA: RLI Insurance Company 13056
INSURED INSURER B : Beazley Insurance Company, Inc 37540 Adams Streeter Civil Engineers, Inc. dba Southern California INSURER C:
Surveying, Inc.
16755 Von Karman, Suite 150 INSURER D:
Irvine, CA 92606 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
INSR TYPE OF INSURANCE POLICY NUMBER LIMITS
LTR
A X COMMERCIAL GENERAL LIABILITY 1,000,000
EACH OCCURRENCE
CLAIMS-MADE X OCCUR x x PSB0001237 9/1/2022 9/1/2023 $ 1,000,000 X Cont Liab/Sev of Int MED EXP (Any one person) 10,000
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY X PECT LOC PRODUCTS - COMPIOP AGG S 2,000,000
OTHER: Ded
A COMBINED SINGLE LIMIT 1,000,000
AUTOMOBILE LIABILITY (Ea accident)
X ANY AUTO XX PSA0001063 9/1/2022 9/1/2023 BODILY INJURY (Per person) s BODILY INJURY (Per accident) $
TOS ONL Per acide DAMAGE $
Comp.: $5l
$
A UMBRELLA LIAB X OCCUR EACH OCCURRENCE 3,000,000
$
EXCESS LIAB CLAIMS-MADE PSE0001201 9/1/2022 9/1/2023 3,000,000 AGGREGATE $
DED X RETENTIONS $
A UND EMPLOYERS LABILIN X PERTUTE T
Y/ N x PSW0001554 9/1/2022 9/1/2023 1,000,000
E.L. EACH ACCIDENT $
N/ A 1,000,000
ELL. DISEASE - EA EMPLOYEE $
STOP OPERATIONS below ELL. DISEASE - POLICY LIMIT S 1,000,000 B Professional Liab. V21EE9220501 2/13/2022 2/13/2023 Per Claim 2,000,000 B Ded.: $40k Per Claim V21EE9220501 2/13/2022 2/13/2023 Aggregate 4,000,000 Re: All OperatiOnSRATIONS / LOCATIONS / VEHICLES (ACORD 101, Additonal Remarks Schedule, may be attached if more space is required) 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ACCORDANCE WITH THE POLICY PROVISIONSE WILL BE DELVERED IN
AUTHORIZED REPRESENTATIVE
City of Lake Elsinore
130 South Main Street T. Shelly, Horell
ILake Elsinore, CA 92530
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 Named insured: Adams Streeter Civil Engineers, Inc. dba Southern California Surveying, Inc. RLI Insurance Company Policy Number: PSB0001237
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION I| - LIABILITY
1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury". "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that:
or those acting on your behalf:
a. The "bodily injury" or "property damage" for
a. In the performance of your ongoing operations; which coverage is sought occurs after you have entered into that contract or agreement; or
b. In connection with premises owned by or rented
to you; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense
c. In connection with "your work" and included committed after you have entered into that within "product-completed operations
contract or agreement.
hazard".
4. The following is added to SECTION III K. 2.
2. The insurance provided to the additional insured by
Transfer of Rights of Recovery Against Others to
this endorsement is limited as follows: Us - COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II - any person or organization for which coverage LIABILITY) as an additional insured specifically is added by
We waive any rights of recovery we may have
another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that
c. This endorsement does not increase any of the
person or organization. We waive these rights only
limits of insurance stated in D. Liability And where you have agreed to do so as part of a Medical Expenses Limits of Insurance.
3. The following is added to SECTION III H.2. Other
Insurance - COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II - and advertising injury" offense is committed."
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 Named Insured: Adams Streeter Civil Engineers, Inc. dba Southern California Surveying, Inc. Policy Number: PSW0001554 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 Policy Number: PSA0001063 RLI Insurance Company
Named Insured: Adams Streeter Civil Engineers, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair - Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage - Loss Of Use
L. Hired Car - Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition - Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition - Railroad Easement Q. Coverage Extensions - Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PPA 300 03 13 Page 1 of 5
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured of the operations contemplated by such contract. The waiver applies only to the person or organization
The following is added to the SECTION |I -
designated in such contract.
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1. The following is added to the SECTION II - during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the Paragraph A.1. Who Is An Insured Provision:
business entity is not separately insured for Bus-iness An "employee" of yours is an "insured" while
Auto Coverage. Coverage is extended up to a
operating an "auto" hired or rented under a
maximum of one hundred eighty (180) days following contract or agreement in that "employee's" name, the acquisition or formation of the business entity.
with your permission, while performing duties
This provision does not apply to any person or related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions:
endorsement.
Paragraph 5.b. of the Other Insurance Con-
B. Employees As Insureds dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION I| - deleted and replaced with the following:
COVERED AUTOS LIABILITY COVERAGE, Para-
b. For Hired Auto Physical Damage Coverage,
graph A.1. Who Is An Insured Provision:
the following are deemed to be covered
Any "employee" of yours is an "insured" while using a "autos" you own:
covered "auto" you don't own, hire or borrow in your (1) Any covered "auto" you lease, hire, rent business or your personal affairs.
or borrow; and
C. Blanket Additional Insured
(2) Any covered "auto" hired or rented by
The following is added to the SECTION I| - your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1. Who Is An Insured Provision: permission, while performing duties related to the conduct of your business.
Any person or organization that you are required to
However, any "auto" that is leased, hired,
include as an additional insured on this coverage form
rented or borrowed with a driver is not a
in a contract or agreement that is executed by you
before the "bodily injury" or "property damage" occurs covered "auto". is an "insured" for liability coverage, but only for F. Fellow Employee Coverage damages to which this insurance applies and only to
SECTION II - COVERED AUTOS LIABILITY
the extent that person or organization qualifies as an
"insured" under the Who Is An Insured provision COVERAGE, Exclusion B.5. does not apply if you contained in SECTION II - COVERED AUTOS have workers compensation insurance in-force LIABILITY COVERAGE. covering all of your employees.
The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III - PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition of vou are required to do so in a contract or agreement the following:
that is executed by you before the "bodily injury" or
"property damage" occurs. In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
D. Blanket Waiver Of Subrogation
"auto", less:
The following is added to the SECTION IV - BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, 5. DAMAGE COVERAGE section of the policy; and Transfer Of Rights Of Recovery Against Others
To Us: 2. Any:
We waive any right of recovery we may have against a. Overdue lease/loan payments at the time of any person or organization to the extent required of the "loss"; you by a contract executed prior to any "accident" or
"loss", provided that the "accident" or "loss" arises out PPA 300 03 13 Page 2 of 5
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 b. Financial penalties imposed under a lease for (2) An adjustment for depreciation and physical excessive use, abnormal wear and tear or condition will be made in the event of a total high mileage. "loss".
c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better than like kind or quality, we will not pay for the
d. Costs for extended warranties, Credit Life betterment.
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned
auto will apply.
e. Carry-over balances from previous loans or
leases. (5) This Coverage Extension will not apply to:
H. Glass Repair - Waiver Of Deductible (a) Any "auto" that is hired, rented or borrowed with a driver; or
SECTION III - PHYSICAL DAMAGE COVERAGE,
D. Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or No deductible for a covered "auto" will apply to glass borrowed from your "employee". damage if the glass is repaired rather than replaced K. Hired Auto Physical Damage - Loss Of Use I. Personal Effects Coverage The following is added to SECTION III - PHYSICAL The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions:
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions: e. We will pay sums which you legally must pay to the lessor of a covered "auto" which you have
c. Personal Effects Coverage
leased without a driver for thirty (30) days or less
In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto", "auto" we will pay up to $400 for "loss" to wearing provided:
apparel and other personal effects which are:
(1) This insurance provides comprehensive,
(1) Owned by an "insured"; and specified causes of loss or collision covered on the covered "auto";
(2) In or on your covered "auto";
(2) The loss of use results from the covered
No deductible applies to Personal Effects "auto" being damaged in an "accident" while Coverage.
you are leasing it.
J. Hired Auto Physical Damage Coverage
We will pay up to a maximum limit of $1,500 for
The following is added to SECTION III - PHYSICAL this covered extension.
DAMAGE COVERAGE, A. Coverage, 4. Coverage L. Hired Car - Worldwide Coverage Extensions:
The following is added to SECTION II - COVERED
d. Hired Auto Physical Damage Coverage
AUTOS LIABILITY COVERAGE, A.2. Coverage
If hired "autos" are covered "autos" for Liability Extensions:
Coverage and this policy also provides Physical f. Hired Car - Worldwide Coverage Damage Coverage for an owned "auto", then the
Physical Damage Coverage is extended to (1) We will pay all sums an "insured" legally must "autos" that you hire, rent or borrow subject to the pay as damages because of "bodily injury" or following: "property damage" to which this insurance
applies, caused by an "accident" which
(1) The most we will pay for "loss" in any one
occurs outside of the United States of
"accident" to a hired, rented or borrowed
America, the territories and possessions of
"auto" is the lesser of:
the United States of America, Puerto Rico
(a) $60,000 and Canada resulting from the maintenance,
or use of any covered "auto" of the private
(b) The actual cash value of the damaged or passenger type you lease, hire, rent or stolen property as of the time of the borrow without a driver for thirty (30) days or "loss"; or
less.
(c) The cost of repairing or replacing the (2) With respect to any claim made or "suit" damaged or stolen property with other instituted outside the United States of property of like kind and quality. America, the territories and possessions of the United States of America, Puerto Rico,
and Canada:
PPA 300 03 13 Page 3 of 5
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 a. Equipment and accessories used with such (2) A partner if you are a partnership; or (3) An executive officer or insurance manager, if
you are a corporation.
"auto" at the time of the "loss" or is removable S. Unintentional Errors Or Omissions from the housing unit which is permanently
installed in the covered "auto" at the time of the SECTION IV - BUSINESS AUTO CONDITIONS, B. "loss", and such equipment is designed to be General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the
solely operated by use of the power from the
"autos" electrical system, in or upon the covered following:
"autos"; or The unintentional omission of, or unintentional error in, any information given by you shall not prejudice
R. Notice Of And Knowledge Of Occurrence
your rights under this insurance. However this pro-
SECTION IV - BUSINESS AUTO CONDITIONS, vision does not affect our right to collect additional A.2. Duties In The Event Of Accident, Claim Suit premium or exercise our right of cancellation or Or Loss, subparagraph a. is deleted and replaced nonrenewal. with the following:
T. Towing Coverage
a. In the event of "accident", claim, "suit" or "loss",
SECTION III - PHYSICAL DAMAGE COVERAGE,
you must give us or our authorized repre-
sentative prompt notice of the "accident" or "loss" A.2. Towing, is deleted and replaced by the including: following:
(1) How, when and where the "accident" or "loss" 2. We will pay up to $750 for towing and labor costs incurred each time a covered "auto" is disabled
occurred;
due to a covered cause of loss. However:
(2) The "insured's" name and address; and
a. All labor must be performed at the place of
(3) To the extent possible, the names and disablement; and addresses of any injured person and
witnesses. b. If the covered auto is a private passenger type no deductible applies; and
Your duty to give us or our authorized
representative prompt notice of the "accident" or c. If the covered auto is not of the private "loss" applies only when the "accident" or "loss" is passenger type our obligation to pay will be known to: reduced by a $250 deductible per
disablement.
(1) You, if you are an individual;
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPA 300 03 13 Page 5 of 5
DocuSign Envelope ID: EAD57844-E329-4CD1-938D-58456CC61384 (a) You shall undertake the investigation, M. Temporary Transportation Expenses settlement and defense of such claims
and "suits" and keep us advised of all SECTION III - PHYSICAL DAMAGE COVERAGE, proceedings and actions. A.4. Coverage Extensions, subparagraph a.
Transportation Expenses is deleted and replaced
(b) You will not make any settlement without by the following:
our consent.
a. Transportation Expenses
(c) We will reimburse you:
(1) We will pay up to a maximum of $1,500 for
(i) For the amount of damages be- temporary transportation expense incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of "bodily injury" or covered "auto". "property damage" to which this
insurance applies, and (2) We will pay only for those covered "autos" for which you carry Comprehensive, Colli-sion or
(ii) For all reasonable expenses incurred
Specified Case of Loss Coverage.
with our consent in connection with
investigation, settlement or (3) We will pay only for those expenses incurred defense of such claims or "suits". by you during the period of time that begins Reimbursement for expenses will be twenty-four (24) hours after the covered part of the Limit of Insurance for "loss" and ends at the time when the covered liability coverage shown in the "auto" can be reasonable repaired or Business Auto Coverage replaced.
Declarations, and not in addition to
such limits. (4) This coverage does not apply while there are spare or reserve "autos" available to you for
(3) The limit of Insurance for Liability Coverage your operations. shown in the Business Auto Coverage
Declarations is the most we will reimburse N. Amended Bodily Injury Definition - Mental you for the sum of all damages imposed on Anguish
you, as set forth in paragraph 2.c. above, and The following is added to SECTION V - all expenses incurred by you arising out of DEFINITIONS, Definition C.:
any single "accident" or "loss".
"Bodily injury" also includes mental anguish, but only
(4) You must maintain the greater of the follow- when the mental anguish arises from other bodily ing primary auto liability insurance limits:
injury, sickness or disease.
(a) Compulsory admitted insurance with
O. Airbag Coverage
limits required to be in force to satisfy the
legal requirements of the jurisdiction The following is added to SECTION III - PHYSICAL where the accident occurs; or DAMAGE COVERAGE B. Exclusions 3.a.:
(b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an airbag due to mechanical or electrical insurer licensed or permitted by law to do breakdown.
business in the jurisdiction where the
"accident" occurs; or P. Amended Insured Contract Definition - Railroad Easement
(c) Auto liability insurance limits of at least
$300,000 combined single limit or SECTION V - DEFINITIONS paragraph H. "Insured $100,000 per person/$300,000 per acci- contact" is modified as follows:
dent Bodily Injury, $100,000 Property 1. Paragraph H.3. is replaced by the following:
Damage.
If you fail to comply with the above, this 3. Any easement or license agreement. insurance is not invalidated. However, in the 2. Paragraph H.6.a. is deleted. event of a "loss", we will pay only to the extent
that we would have been liable had you so Q. Coverage Extensions - Audio, Visual And Data complied Electronic Equipment Not Designed Solely For
The Production Of Sound
(5) The insurance provided by this coverage
extension is excess over any other collec- SECTION III - PHYSICAL DAMAGE COVERAGE B. tible insurance available to you whether on a Exclusions, exception paragraph a. to exclusion 4.c. and 4.d. is deleted and replaced with the following:
Damary, excess contingent or any other
PPA 300 03 13 Page 4 of 5