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HomeMy WebLinkAbout2012-317 Solid Waste - W L Bishop Construction Inc for Walnut Grove church Rd Solid Waste Convenience center $887,092 [Departmental Use Only] TITLE Walnut Grove Conv. Ctr FY FY11-12 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$1,000,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 21st day of August, 2012, by and between W.L. Bishop Construction, Inc., (hereinafter called the "Contractor"), and Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the "Owner"). WITNESSETH: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings and Written Specifications. The Contract Documents form the Contract and are fully incorporated herein. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and/or Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by HDR Engineering Inc. of the Carolinas, Inc. (Sheet sets GO 1-3; C00-18; SO1-4; PO 1-2; E01-6; related addendum 1,2 and 3 dated June2012) b. Written specifications prepared by the project engineer. c. W.L. Bishop Construction, Inc. proposal dated July 26, 2012 which fully describes the work to be performed, such work(hereinafter called the "Work"). d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice-to Proceed. Revised November 2011 I 1 b. The Contractor agrees to complete substantially all Work included by January 4, 2013, or 120 calendar days from the time of written Notice to Proceed. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Contractor's services under this Agreement. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or Revised November 2011 2 credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Eight Hundred Eighty Seven Thousand Ninety Two Dollars Dollars ($887,092.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. L The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner's Representative at PO Box 8181, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30)days after one hundred percent (100°l0) of the Work, including punch list work, has been satisfactorily completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. L Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor and evidence thereof submitted to Owner. All required insurance shall be procured from insurance companies licensed to do business in North Carolina with a Best's Insurance Guide Rating of A- or better. Coverage for the following Revised November 2011 3 types of insurance shall be maintained continuously during the life of the Project until Final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion of the Work for the following types of insurance in the amounts listed: i. Worker's Compensation Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers Liability $500,000 each accident and policy limit and disease each employee. ii. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000,000 Aggregate). iii. Contractual Liability(Bodily Injury and Property Damage $500,000 Each Occurrence; Property Damage$1,000,000 Aggregate). iv. Personal Injury, with Employment Exclusion deleted($1,000,000 Aggregate). v. Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). b. Additional Insured — The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination,the written notice to be sent by Certified Mail." c. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(c) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00)or more. 7. INDEMNITY a. The Contractor shall indemnify and hold harmless to the extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. Revised November 2011 4 b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner's property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if any,harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c)specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Owner and Contractor agree that should a dispute arise as to the terms of the Contract Documents the architect shall serve as the initial decision-maker, unless there is no architect retrained on the project related to the Work. Owner and Contractor further agree as follows: i. If there is no architect retained for the Work, Owner and Contractor agree, prior to the initiation of any civil litigation, to submit to mediation by agreeing on an individual to serve as mediator to mediate the dispute. ii. Should the Owner and Contractor fail to mutually agree on an individual to serve as mediator Owner may select a mediator to mediate the dispute. iii. Any mediator selected under this section shall be an attorney licensed to practice law in the State of North Carolina and shall be generally recognized as having experience in mediating construction disputes. iv. Owner and Contractor agree to equally share in the cost of a mediator selected under this section. b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of,this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty(30)days of the discovery of the event or condition giving rise to the claim,whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner,a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. Revised November 2011 5 iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON—APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. c. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County W.L. Bishop Construction Company, Inc. Attn: Jeff Thompson 2211 Leah Drive P.O.Box 8181 Hillsborough,NC 27278 Hillsborough,NC 27278 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law,rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terns or requirements of the Contract Documents and/or the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and/or any code or law. Revised November 2011 6 1 1 - i i d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. if applicable,any additional expense borne by the Architect under this section shall be paid at Contractor's expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing,or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. i. If Owner orders a delay, suspension or interruption of the Work, and such order is not due to or as a result of any fault on the part of the Contractor, the Contractor may recover a per diem amount at a rate calculated by the Contract Documents. ii. If Contractor elects to accept the amount listed in the General Conditions provision of the Construction Documents Contractor waives any right to further claims for payment of damages sustained as a result of Owner's order to delay, suspend or interrupt the Work. b. Contractor may terminate the Contract if, at the Owner's written direction,the Work is stopped for thirty (30) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for thirty(30)consecutive days. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement,the written Notice-to-Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents,and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Revised November 2011 7 Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR Si re Signature A .Oe, P-AN6,C wN7 y &AeD O,C Co MM 5S/Dnl'C'QS Printe ame and Title Attest: Donna Baker, ler o t e B and This instrument has been approved as to technical content. .Q (' I I - — 6dyle '"S , Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. OJ a,4,1" A X,.-- Office of the Finance Director This instru t been approved as to legal form and sufficiency. ice of the County Attorney Revised November 2011 $ Bond No. 105753242 FORM OF PERFORMANCE BOND Date of Contract: August 21, 2012 Date of Execution: August 21, 2012 Name of Principal (Contractor) W.L. Bishop Construction Co. _ Travelers Casualty and Surety Company of America Name of Surety: Hartford, Name of Contracting Body: Orange County Amount of Bond: Eight Hundred Eighty Seven Thousand Ninety Two Dollars and 00/100 $887,092.00 Project Walnut Grove Church Road Convenience Center Expansion FY11-12 KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and finely bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in three (3) counterparts. Witness: W.L. Bishop Construction Co. Contractor: or Corporate Name) 8y: 4e looi4ra rtner ship) Attest: (Corporation) Title: (t?mer, Par er, or Corp Pres. or Vice Pres. only) By: _ h Title: Co . (Corp.Sec. or Asst. Sec.. only) (Corporate Seal) Travelers Casualty and Surety Company of America (Surety lCompany) j Wit ess: By: � Title: Bobbi D. Pendleton Attorney-in-Fact Heather Burroughs (Attorney in Fact) Countersigned: (Surety Corporate Seal) Bobbi D. Pendleton (N.C. Licensed Resident Agent) BB&T Insurance Services, Inc. 4309 Emperor Blvd., Ste. 300, Durham, NC 27703 Name and Address-Surety Agency Travelers Casualty and Surety Company of America 4505 mperor vd u�te 2 TU Durham, NC 27703 Surety Company Name and N.C. Regional or Branch Office Address I No Bond No. 105753242 FORM OF PAYMENT BOND Date of Contract: August 21, 2012 Date of Execution: August 21, 2012 Name of Principal (Contractor) W.L. Bishop Construction Co. Travelers Casualty and Surety Company of America Name of Surety: Hartford, Name of Contracting Body: Orange County Amount of Bond: Eight Hundred Eighty Seven Thousand Ninety Two Dollars and 00/100 $887,092.00 Project Walnut Grove Church Road Convenience Center Expansion FY1 1-12 KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are hold and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the ncipal entered into a certain contract with the contracting body identified as shown above and ger'reto attached: NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying bor/material in the prosecution of the work provided for in said contract, and any and all guly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in three(3) counterparts. I - I Witness: W.L. Bishop Construction Co. Contractor: (T de or Corporate Name) By: (Pr n rshi or artnership) Attest:(Corporation) Title: (Owner, Partn x, or corp- Pres. or Vice Pres. only) By: Sa4.r , U\o.kq, Title: (Corp. Sec. or Asst. Sec..only) (Corporate Seal) Travelers Casualty and Surety Company of America (Surety Company) W By Title: Bobbi D. Pendleton Attorney-in-Fact Heather Burroughs (Attorney in Fact) Countersigned: (Surety Corporate Seal) Bobbi D. Pendleton (N.C. Licensed Resident Agent) BB&T Insurance Services, Inc. 4309 Emperor Blvd., Ste. 300, Durham, NC 27703 Name and Address-Surety Agency Travelers Casualty and Surety Company of America 4505 Emperor Blvd Suite 210 Durham, NC 27703 Surety Company Name and N.C. Regional or Branch Office Address WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A IA POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 223261 Certificate No. 004767654 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Angela B.Britt, Sandra B.Byrum,Richard V.Haar Jr.,Phoebe C. Honeycutt,Kenneth J.Peeples,Kitara A. Smith, Heather L. Kennedy,Neil B.Biller,and Bobbi D.Pendleton of the City of Din-harn ,State of North Carolina their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 13th day of March 2012 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 2 S �fl � 19��n RAND In Tf �tCORPOR�Tf m W,.:��0.PORATF,ct�? 9i ,3 u�I 011 = a HARTFORD, < HhR'IFfSRD, s y, ct�'- y O 1951 �`.SE AL,io"3 II Wit• SEAL-aD bey� Ada �y � 9tis�T ��c� �''- ;�p'�-1 a."••.. a tom`^^..` `VO �urwAN h�•w..A.." 9........red bl Fa �A�� State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President On this the 13m day of March 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET In Witness Whereof,I hereunto set my hand and official seal. ' Tai VN VV v�r t� • `J My Commission expires the 30th day of June,2016. �IBL�G # Mane C.Tetreault,Notary Public 58440-6-11 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this M day of 20 LC Kevin E.Hughes,Assistant Sec tary �O�� ` P ' QO:�.......q JP...........9,t,r, qJ ,pG �•CNIOIiiIAf!/.� ���Yy' �� ♦6, � � � � � z �i{OR PryRA/F;�m �:�QpPORAlf�* � 9� S IfO �:• :n �t o- 1896 �, a � 1951 �;SEAL;o3 o:SBAL;'a ;� corrN• o � �rO� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER R�® CERTIFICATE OF LIABILITY INSURANCE OPID SF FI11 08/06/12 OB 06 12 2 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: It e certificate o er Is an ADDITIONAL INSURED,the po cy es must be endorsed. If SUBROGATION 13 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 ofsuch endorsement(s). PRODUCER NAME: FAX First Insurance Services, Inc. ac No Ext: aC,No: P. 0. Box 13687 ADDRESS: RTP NC 27709 CUSTOMER PRODUGFKID#: BISHOPl Phones919-941-0549 Fax:919-941-0135 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: selective ineuranoe Cowarry 12572 WL Bishop Construction Cc INSURER B: stonewood insurance cow—y 2211 Lean Road Hillsborough NC 27278 INSURER C: INSURER D: INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE INSR WV POLICY NUMBER MIDD IYYYY) (MFW0`DUDyNFYXFn I LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000. • X COMMERCIAL GENERAL LIABILITY S 1991921 09/04/11 09/04/12 PREMISES Ea occurrence $300,000. CLAIMS-MADE a OCCUR MED EXP(Any one person) $5,000. X PERSONAL BADVINJURY $1,000,000. GENERAL AGGREGATE s2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000. POLICY X JPER LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT • X ANY AUTO S 1991921 09/04/11 09/04/12 BODILY _— $1,000,000. BODILY INJURY(Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY(Per accident) $ PROPERTY DAMAGE X HIREDAUTOS (per accident) $ X 14ON-OWNED AUTOS $ A X UMBRELLALIAB X OCCUR 3 1991921 09/04/11 09/04/12 EACH OCCURRENCE $5,000,000. EXCESS LIAS CLAIMS-MADE AGGREGATE $5,000,000. DEDUCTIBLE $ X RETENTION $ 0 $ B WORKERS COMPENSATION wC100-00092L4 EXCLUDE 09/04/11 09/04/12 AND EMPLOYERS'LIABILITY Y/N X TORY LIMITS I I ER ANY PROPRIETORIPARTNERIEXECUTIV�NIA xixE a w"Liax slsxov E.L.EACH ACCIDENT $500,000. OFFICERQdEMBER EXCLUDED? I – I - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000. describe under under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500 OO O. A Contractors Equip S 1991921 09/04/3.1 09/04/12 Leased/ $75,000 Rented 500.00 Ded. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) County of Orange Financial Services is additional i4sured for General Liability and Auto Liability if required by written/executed contract before a loss. Cancellation notice applies per the attached IL0269 0408. CERTIFICATE HOLDER CANCELLATION i ORANGE4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. County of Orange Financial Services AUTHORIZED REPRESENTATIVE PO Box 8181 �>Z Hillsborough NC 27278 Sandy B. Fisher ®1988-2009 AC RD CORPORATI Ail rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD i i i IL 02 69 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i NORTH CAROLINA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT POLICY)COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART. COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-REALTED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART i POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy (b) An act or omission by the insured Condition is replaced by the following: or his or her representative that 2. Cancellation Requirements constitutes material a. Policies In Effect Less Than 60 Days misrepresentation or nondisclosure of a material fact in If this policy has been in effect for less obtaining this policy, continuing than 60 days,we may cancel this policy by this policy or presenting a claim mailing or delivering to the first Named under this policy; Insured written notice of cancellation at (c) Increased hazard or material least: change in the risk assumed that j (1) 15 days before the effective date of could not have been reasonably cancellation if we cancel for contemplated by the parties at the nonpayment of premium;or time of assumption of the risk; (2) 30 days before the effective date of (d) Substantial breach of contractual j cancellation if we cancel for any other duties, conditions or warranties i reason. that materially affects the b. Policies In Effect More Than 60 Days insurability of the risk; If this policy has been in effect for 60 days (e) A fraudulent act against us by the or more, or is a renewal of a policy we insured or his or her issued, we may cancel this policy prior to representative that materially the: affects the insurability of the risk; (1) Expiration of the policy term;or (t) Willful failure by the insured or his (2) Anniversary date, or her representative to institute reasonable loss control measures I stated in the policy only for one or more of that materially affect the the following reasons: insurability of the risk after written (a) Nonpayment of premium; notice by us; I i IL 02 69 09 08 ©ISO Properties,Inc.,2007 Page 1 of 2 i i (g) Loss of facultative reinsurance, or B. The following provisions are added and supersede loss of or substantial changes In any other provisions to the contrary: applicable reinsurance as 1. Nonrenewal provided in G.S.58-41-30; a. If we elect not to renew this policy,we will (h) Conviction of the insured of a mail or deliver to the first Named Insured crime arising out of acts that shown in the Declarations written notice of materially affect the insurability of nonrenewal at least 45 days prior to the: the risk; (1) A determination by the (1) Expiration of the policy if this policy Commissioner of Insurance that has been written for one year or less; the continuation of the policy or would place us in violation of the (2) Anniversary date of the policy if this laws of North Carolina;or policy has been written for more than You fall to meet the requirements one year or for an indefinite term. contained in our corporate charter, b. We need not mail or deliver the notice of articles of Incorporation or by-laws nonrenewal if you have: when we are a company (1) Insured property covered under this organized for the sole purpose of policy, under any other insurance providing members of an policy; organization with insurance (2) Accepted replacement coverage;or coverage in North Carolina. (3) Requested or agreed to nonrenewal of We will mail or deliver written notice of this policy. cancellation to the first Named Insured at least: c. If notice is mailed, proof of mailing will be sufficient proof of notice. (1) 15 days before the effective date of cancellation if we 2. The written notice of cancellation or cancel for nonpayment of nonrenewal will: premium;or a. Be mailed or delivered to the first Named (11) 30 days before the effective Insured and any designated mortgagee or date of cancellation if we loss payee at their address shown in the cancel for any other reason, policy, or If not indicated In the policy, at c. Cancellation for nonpayment of premium their last known addresses;and will not become effective if you pay the b. State the reason or reasons for premium amount due before the effective cancellation or nonrenewal, date of cancellation. d. We may also cancel this policy for any reason not stated above provided we obtain your prior written consent. Page 2 of 2 0 ISO Properties,Inc.,2007 IL 02 69 09 08 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY CG 79 21 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II — WHO IS AN INSURED is amended to This insurance does not apply to: include as an additional insured any person or organi- zation whom you have agreed in a written contract or "Bodily injury", "property damage"or"personal written agreement to add as an additional insured on and advertising injury" arising out of the your policy. Such person or organization is an addi- rendering of, or the failure to render, any pro- tional insured only with respect to liability for "bodily fessional architectural, engineering or injury" or "property damage" caused, in whole or in surveying services, including: part, by "your work" performed for that additional (1) The preparing, approving, or failing to pre- insured and included in the "products-completed pare or approve, maps, shop drawings, operations hazard". opinions, reports, surveys, field orders, B. With respect to the insurance afforded to these addi- change orders or drawings and specifica- tional insureds, the following additional exclusions tions; or apply: (2) Supervisory, inspection, architectural or engineering activities. This coverage shall be excess with respect to the person or organization included as an additional insured by its provisions; any other valid and collectible insurance that person or organization has shall be primary with respect to this insurance, unless this coverage is required to be primary and/or not contributory in the contract or agreement referred to above. Copyright, 2009 Selective Insurance Company of America.All rights reserved. CG 79 21 01 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 ELITEPAC General Liability Extension COMMERCIAL GENERAL LIABILITY CG 72 02 01 10 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-7) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insured-Primary and/or Not Contributory Page 5 Blanket Additional Insureds Including Broad Form Vendors-As Required By Contract Page 4 Not-for-profit Members-Including Club Members Not-for-profit Members-as additional insureds Page 4 Not-for-profit Members Medical Payments Page 4 Not-for-profit Members-defined Page 7 Damage To Premises Rented To You($500,000) Page 3 Electronic Data Liability($25,000) Page 3 Golf Amendments Golfing Facilities-defined Page 7 Golf and Tennis Pros-as additional insureds Page 5 Limited Property Damage-caused by golf balls Page 3 Members Medical Payments Page 4 Products Amendment-Medical Payments-limited on premises coverage Page 4 Recreational Medical Payments-limited amateur golf coverage Page 4 Waiver of Rights of Recovery-members and guests Page 6 Incidental Malpractice Exclusion modified Page 5 Knowledge of Occurrence, Claim, Suit or Loss Page 6 Liberalization Clause Page 6 Medical Payments-increased limit($15,000) Page 5 Mental Anguish Amendment(Not applicable to New York) Page 7 Newly Formed or Acquired Organizations Page 4 Copyright, 2009 Selective Insurance Company of America. All rights reserved. CG 72 02 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 DESCRIPTION PAGE FOUND Non-Owned Aircraft Page 3 Non-Owned Watercraft (under 60 feet) Page 3 Personal And Advertising Injury Contractual Exclusion Amended (Excludes Advertisement) Page 4 Discrimination and Humiliation Amendment (Not applicable in New York; Excludes Page 7 Advertisement) Products Amendment-Not-for-profit and Golf Page 4 Supplementary Payments Amended-Bail Bonds($3,000)and Loss of Earnings($1,000) Page 4 Temporary Workers Employee Definition Amended (including status as an insured) Page 6 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Injuries or Damages by Certain Employees (co-employee damages) Page 4 Unintentional Failure to Disclose Hazards Page 6 Waiver of Transfer of Rights of Recovery(subrogation) Page 6 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2009 Selective Insurance Company of America. All rights reserved. CG 72 02 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 ELITEPAC General Liability Extension COMMERCIAL GENERAL LIABILITY CG 72 02 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Part identified in this endorsement will be amended as shown below. However, when two or more Coverage Parts of this policy apply to a loss, only the broadest coverage of this policy will apply, unless specifically stated otherwise within the particular amendment covering that loss. COVERAGES -Amendments As used in this extension (only, including its use in COVERAGE A. BODILY INJURY AND PROPERTY LIMITS OF INSURANCE, the Declarations and the DAMAGE LIABILITY Other Insurance provisions), the term Damage shall EXCLUSIONS include fire, lightning or explosion. Employer's Liability Amendment(Not Applicable in The Damage to Premises Rented to You Limit of New York) LIMITS OF INSURANCE is amended as follows: The following is added to the Employer's Liability The Damage to Premises Rented to You Limit, for exclusion: covered fire, lightning or explosion, is the higher of $500,000, or the amount shown in the Declarations for This exclusion also does not apply to any "temporary the Damage to Premises Rented to You Limit. This worker". limit is the most we will pay under COVERAGE A for Non-Owned Aircraft,Auto or Watercraft damages because of "property damage" to any one The Aircraft, Auto or Watercraft Exclusion is amended as premises rented to you or temporarily occupied by you follows: with permission of the owner, for all such "property damage" proximately caused by the same event, 1 This exclusion does not apply to a watercraft you do whether such damage results from fire, lightning or not own that is less than 60 feet long, and not being explosion or any combination of the three. This Dam- used to carry persons or property for a charge. Any age to Premises Rented to You Limit is subject to the person is an insured who uses or is responsible for the Each Occurrence Limit. use of such watercraft with your expressed or implied Property Damage-"Golfing Facilities" consent. However, if the insured has any other valid and collectible insurance for"bodily injury" or"property If you operate a "golfing facility" COVERAGE A is damage"that would be covered under this provision, or extended to "property damage" to any property not on any other basis, this coverage is then excess, and owned by you, caused by golf balls originating from subject to the Other Insurance provisions of this policy your premises, regardless of your legal liability for the for Excess Insurance. damage. The most we will pay under this extension is 2. This exclusion does not apply to any aircraft, not $1,500 per "occurrence" subject to no annual per owned or operated by any insured, that is hired, policy term. No deductible applies to loss under this chartered or loaned with a paid crew. However, if the extension. insured has any other valid and collectible insurance Electronic Data Liability for "bodily injury" or "property damage" that would be Exclusion 2.p. Electronic Data Liability in Coverage A covered under this provision, or on any other basis,this is replaced by the following: coverage is then excess, and subject to the Other Damages arising out of the loss of, loss of use of, Insurance provisions of this policy for Excess damage to, corruption of, inability to access, or Insurance. inability to manipulate "electronic data" that does not Fire,Lightning Or Explosion Damage result from physical injury to tangible property. Exclusion j. Damage to Property in COVERAGE A dealing The most we will pay under this extension is $25,000 with Damage to premises while rented to you or temporarily for"property damage"because of all loss of"electronic occupied by you with the permission of the owner is data"arising out of any one"occurrence". amended as follows: Copyright,2009 Selective Insurance Company of America.All rights reserved. CG 72 02 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 COVERAGE B.PERSONAL AND ADVERTISING INJURY Employees As Insureds Modified LIABILITY The exclusion relating to injury to a co-"employee" EXCLUSIONS does not apply bm injury to, or property damo to the The exclusion of relating to liability assumed in o contract . a temporary v�`nkar umuseo o co- or agreement only applies to damages arising out of 'amP|mYee~ who is not a "temporary worker". This advertisement. exclusion also does not apply toacp-^emp|oyee^with respects to bodily injury only, in which damages are COVERAGE MEDICAL PAYMENTS caused by card io-pu|mpnary resuscitation or first aid EXCLUSIONS services administered by such an^amphoye ^. Any Insured Amendment Newly Formed OrAcquired Organizations The following is added to this section: The following amendments are made to the insured The exclusion applicable to any insured does not apply to: provision relating to newly acquired or formed organi- 1. "Golfing facility" members who are not paid a fee, zations, as granted under WHO IS AN INSURED: salary, or other compensation; or Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or 2. "Not-for-profit members". the end of the policy period, whichever is earlier. Product Amendment However, COVERAGE A does not apply to "bodily The exclusion applicable to the 'products-completed injury 11 or "property damage" that occurred before you operations hazard" does not apply to "your products" sold acquired or formed the organization. for use or consumption on your premises, while such If you are engaged in the business of construction of products are still on your premises, if you are a not-for- dwellings three stories or less in height, or other profit operation or a"golfing facility". buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured Recreational Medical Payments-Amateur Golf with respect to"your work" only, for the period of time If you are a "golfing facility", the exclusion applicable to a described above, for your liability arising out of the person while taking part in athletics does not apply to a conduct of any partnership or joint venture of which person as a result of their participation in amateur athletics you are or were a member, even if that partnership or that are recreational in nature. joint venture is not shown as a Named Insured. SUPPLEMENTARY PAYMENTS - COVERAGES A AND However, this provision only applies if you maintain or B maintained an interest of at least fifty percent in that partnership or joint venture for the period of that Expenses For Bail Bonds And Loss Of Earnings relationship. This provision does not apply to any The provisions of SUPPLEMENTARY PAYMENTS - partnership or joint venture that has been dissolved or COVERAGES A AND B are amended as follows: otherwise ceased to function for more than thirty-six Subject to all other provisions of this section, the limitations months. This coverage extension will be excess over for expenses for bail bonds and loss of earnings are any other coverage, on any basis, available to the increased as follows: we will pay up to $3,000 for the cost insured, and will be subject to the Other Insurance of bail bonds, and up to $1,000 a day for loss of earnings provisions of this policy for Excess Insurance. because of time off from work. (All other provisions of this section continue un- WHO IS AN INSURED-Amendments changed.) Not-for-Profit Organization Members Blanket Additional Insureds Including Broad Form If you are an organization other than a partnership, joint Vendors -As Required By Contract venture, or a limited liability company, and you are a not- WHO IS AN INSURED is amended to include as an for-profit organization, WHO IS AN INSURED is amended additional insured any person or organization whom to include as additional insureds your officials, trustees you have agreed in a written contract, written agree- board members, insurance managers, and "not-for-profii ment or written permit to add as an additional insured members", however only with respect to their liability for on your policy. Such person or organization is an your activities or activities they perform on your behalf. additional insured only with respect to liability for "bodily injury" or "property damage" or 'personal and advertising injury"caused, in whole or in part, by: Copyright, 2009 Selective Insurance Company of America.All rights reserved. CG 72 02 01 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 7 1. Your ongoing operations, "your product," or premises f. Products which, after distribution or sale by owned or used by you; however this provision does not you, have been labeled or re-labeled or used include any architects, engineers, or surveyors with as a container, part of ingredient of any other respect to any injury or damage arising out of the thing or substance by or for the vendor; rendering or failure to render any professional services however this insurance does not apply to any by or for you, including: insured person or organization, from who you a. The preparing, approving, or failing to prepare or have acquired such products, or any ingredi- approve, maps, shop drawings, opinions, reports, ent, part or container, entering into, accom- surveys, field orders, change orders or drawings panying or containing such products. and specifications; or This coverage shall be excess with respect to the b. Supervisory, inspection, architectural or engineer- person or organization included as an additional ing activities. insured by its provisions; any other insurance that person or organization has shall be primary with 2. Your maintenance, operation or use of equipment, respect to this insurance, unless this coverage is other than aircraft, "auto" or watercraft, rented or required to be primary and/or not contributory in the leased to you by such person or organization. A person contract, agreement or permit referred to above. or organization's status as an additional insured under this endorsement ends when their contract or agree- The provisions of this coverage extension do not apply ment with you for such rented or leased equipment unless the written contract or written agreement has ends. With respect to the insurance afforded to these been executed (executed means signed by the named additional insureds, this insurance does not apply to insured) or written permit issued prior to the "bodily any "occurrence" which takes place after the rental injury"or"property damage". agreement or equipment lease expires. Incidental Malpractice 3. "Bodily injury" or"property damage" arising out of"your With respect to the section of WHO IS AN INSURED products" which are distributed or sold in the regular dealing with employees as insureds, the exclusion course of the vendor's business, however the insur- relating to providing or failing to provide professional ance afforded the vendor does not apply to: health care services does not apply to nurses, a. "Bodily injury" or "property damage" for which the emergency medical technicians or paramedics. How- vendor is obligated to pay damages by reason of ever this exception does not apply if you are in the the assumption of liability in a contract or agree- business or occupation of providing any such profes- ment; however this exclusion does not apply to sional services. liability for damages that the vendor would have in "Golfing Facilities" -Golf or Tennis Pros the absence of the contract, agreement; The following are also additional insureds under WHO b. Any express warranty unauthorized by you; IS AN INSURED: c. Any physical or chemical change in the product If you operate a "golfing facility", any golf or tennis made intentionally by the vendor; pros. Golf or tennis pros means any person, other d. Repackaging, unless unpacked solely for the than your"employees", whose primary responsibilities purpose of inspection, demonstration, testing, or include golf or tennis instruction or operation of a golf the substitution of parts under instructions from the or tennis pro shop, however only with respect to their manufacturer, and then repackaged in the original liability for your activities, or activities they perform on container; your behalf, or their liability for the maintenance, use or operation of golf or tennis pro shop premises you e. Any failure to make such inspections, adjustments, rent or lease to them. tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual LIMITS OF INSURANCE course of business in connection with the sale of Increased Medical Payments the product; or The following is added to LIMITS OF INSURANCE: The Medical Expense Limit under COVERAGE C will be $15,000, or the amount shown in the Declarations for Medical Expense Limit, whichever is higher. All other terms and conditions of COVERAGE C. MEDICAL PAYMENTS remain unchanged. Copyright, 2009 Selective Insurance Company of America.All rights reserved. CG 72 02 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 COMMERCIAL GENERAL LIABILITY CONDITIONS - If you are a "golfing facility", we will also waive any Amendments right of recovery we may have against any of your Knowledge Of Occurrence,Claim, Suit Or Loss members or their guests because of payments we make for injury or damage arising out of their actions The requirements for reporting and sending claim or "suit" at your premises to which this Coverage Part applies. information to us, including provisions related to the However, this provision does not apply to injury or subsequent investigation of such claims or "suits", under damage that is expected or intended by your member Duties In The Event Of Occurrence, Offense, Claim Or or their guest. Suit do not apply until after the "occurrence" or offense is Liberalization known to: 1. You, if you are an individual; If we revise this Coverage Part to provide more cov- erage without additional premium charge, subject to 2. A partner, if you are a partnership; our filed company rules, your policy will automatically 3. An "executive officer" or insurance manager, if you are provide the additional coverage as of the day the a corporation; revision is effective in your state. 4. Your members, managers or insurance manager, if you DEFINITIONS are a limited liability company; or Discrimination And Humiliation 5. Your elected or appointed officials, trustees, board (This provision does not apply in the state of New members, or your insurance manager if you are an York.) The definition of "personal and advertising organization other than a partnership, joint venture, or injury" is amended by the addition of the following limited liability company. offense: Unintentional Failure To Disclose Hazards Discrimination or humiliation that results in injury to the The following is added to Representations: feelings or reputation of a natural person, however However, if you should unintentionally fail to disclose any only if such discrimination or humiliation is: existing hazards in your representations to us at the 1. Not done intentionally by or at the direction of: inception date of the policy, or during the policy period in a. The insured; or connection with any additional hazards, we shall not deny b. Any "executive officer" director, stockholder, coverage under this Coverage Part based upon such partner, manager or member of the insured; failure. and Waiver Of Transfer Of Rights Of Recovery 2. Not directly or indirectly related to the employ- We will amend the Transfer Of Rights Of Recovery ment, prospective employment or termination of Against Others To Us Condition to waive any right of employment of any person or persons by any recovery we may have against a person or organization insured. because of payments we make for injury or damage arising 3. Not arising out of any advertisement by the out of your ongoing operations or"your work" done under a insured. contract with that person or organization and included in the"products-completed operations hazard", if: Electronic Data 1. The waiver of such rights is required in a written con- "Electronic data" means information, facts or programs tract or written agreement with that person or organiza- stored as or on, created or used on, or transmitted to tion; or or from computer software (including systems and ap- 2. Such person or organization is an additional insured on plications software), hard or floppy disks, CD-ROMS, your policy; or tapes, drives, cell, data processing devices or any other media which are used with electronically con- 3. You have assumed the liability of that person or trolled equipment. organization in that same contract, and it is an "insured For the purpose of the Electronic Data Liability cover- contract". age provided by this endorsement, the definition of The section above only applies to that person or organiza- "property damage" in the Definitions section is re- tion identified above, and only if the injury or damage placed by the following: occurs subsequent to the execution of the written contract 17. "Property damage" means: or written agreement. a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; Copyright, 2009 Selective Insurance Company of America.All rights reserved. CG 72 02 01 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 b. Loss of use of tangible property that is not Golfing Facility physically ~x loss vu/�v. / uuon �a of use shall be deemed bm occur ad the time of the ^oocunanoe^ Th��dkm«nQdehn�onh�add�d� that caused it; or "Golfing facility" or "golfing facilities" means a golf c' Loss of, |nun of use of, damage to, corruption o� course, QV� dub, driving nango, or miniature golf inability course. late "electronic osma', resulting from physical Mental Anguish Amendment to tangible property. All such |oon ^e|ectnonic ' provision does not apply in New York.) Tha wuu* shall oa oe�mao m occur the time ofth� 11 definition of "bodily is occurm»noe^that caused ft. mental " For the purpose of Electronic Data Liability, "electronic nessor disease�--� -- '= '—^' ~^' bodily "v"�' =�^- -^---'-- (In �e York, deba im not tangible pnzper�. mental a gu�h has been p�a�mmo � be "bodily injury".) The definition nf^emp|oyeo^iu replaced by the following: Not-for-profit Member "Employee" includes o "leased worker", or a "temporary "Not-for-profit members" means a person who is m worker". member ofanot-for-pnofit organization, including clubs and churchem, who receive no financial or other compensation. Copyright, 2009 Selective Insurance Company of America.All rights reserved. CG 72 02 01 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 7 ELITEPAC COMMERCIAL AUTOMOBILE EXTENSION COMMERCIAL AUTO CA 77 36 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Supplemental Schedule is provided when the BUSINESS AUTO COVERAGE FORM includes the Commercial Automobile Extension endorsement CA 77 36. This Schedule supplements the Business Auto Declarations. EXTENSIONS OF COVERAGE AND ADDITIONAL COVERAGES DESCRIPTION Limited Liability Companies Coverage Extension Newly Acquired Or Formed Organizations Coverage Extension Employees-Non-Ownership Coverage Extension Non-Ownership Extension-Public Entities Coverage Extension Blanket Additional Insureds Coverage Extension Expenses For Bail Bonds And Loss Of Earnings Bail Bonds $3,000 Limit of Insurance Loss Of Earnings $1,000 Per Day Limit of Insurance Employer's Liability Amendment Coverage Extension Fellow Employee Amendment Coverage Extension Care, Custody Or Control Amendment Coverage Extension Towing And Labor Coverage Extension Glass Breakage Coverage Extension Hired Car Physical Damage Coverage Coverage Extension Auto Loan/Lease Gap Coverage Coverage Extension Personal Effects $500 Limit of Insurance Deductible Reimbursement-Public Entities Coverage Extension Additional Transportation Expenses $60 per disablement up to a maximum$1,900 Limit of Insurance Airbag Coverage Coverage Extension Expanded Audio,Visual,And Data Electronic Equipment Coverage Extension Copyright,2010 Selective Insurance Company of America.All rights reserved. CA 77 35 02 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page I of 8 DESCRIPTION Limit Of Insurance Coverage Extension Physical Damage Deductible-(Radio Frequency)Vehicle Tracking System Coverage Extension Limit Of Insurance Coverage Extension Multiple Deductibles Coverage Extension Duties In The Event Of Accident, Claim, Suit Or Loss Coverage Extension Waiver Of Subrogation Coverage Extension Concealment, Misrepresentation Or Fraud Coverage Extension Policy Period, Coverage Territory Coverage Extension Two Or More Coverage Forms Or Policies Issued By Us Coverage Extension Mental Anguish Definition Permanently Attached Equipment Definition Volunteer Worker Definition Copyright,2010 Selective Insurance Company of America.All rights reserved. CA 77 36 02 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 ELITEPAC COMMERCIAL AUTOMOBILE EXTENSION COMMERCIAL AUTO CA 77 36 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. Amendments to SECTION 11—LIABILITY COVERAGE Employees-Non-Ownership Limited Liability Companies The following is added to SECTION 11,A.1.—Who Is The following is added to SECTION 11,A. 1.—Who Is An An Insured: Insured: f. Any employee of yours is an "insured"while using d. If you are a limited liability company, you are an a covered "auto" you don't own, hire or borrow in Insured for any covered "auto."The provisions of WHO your business or your personal affairs. IS AN INSURED applicable to anyone else using a Non-Ownership Extension -Public Entities covered "auto" you own, hire or borrow, also apply to The following is added to SECTION 11,A.1.—Who Is limited liability companies. Your members and manag- An Insured: ers are also "insureds" while using a covered "auto" you don't own, hire or borrow during the course of their g. Any board member or other elected or appointed duties for you. But, members or managers are not an official, member of the administrative staff, student insured for any covered "autos" owned by them or teacher or other authorized volunteer or member members of their household. is an "insured" while using a covered "auto" you don't own, hire or borrow during the course of Newly Acquired Or Formed Organizations their duties for you as a School, Municipality or The following is added to SECTION 11,A. 1.—Who Is An other Governmental Entity, or Emergency Ser- Insured: vices Organization. Anyone who supplies that e. Any organization you newly acquire or form, other than auto" is also an"insured," a partnership, joint venture or limited liability company, Blanket Additional Insureds and over which you maintain ownership or majority The following is added to SECTION 11,A.1.—Who Is interest, will qualify as a Named Insured if there is no An Insured: similar insurance available to that organization. However: h. Any person or organization with whom you 1. Coverage under this provision is afforded only until the agreed, because of a written contract, agreement or permit, to provide insurance such as is afforded 180th day after you acquire or form the organization or under this Coverage Part, but only with respect to the end of the policy period,whichever is earlier; your ownership, maintenance or use of a covered 2. Coverage does not apply to "bodily injury" or "property auto." This provision only applies if the written damage" resulting from an "accident" that occurred contract or agreement has been executed or before you acquired or formed the organization. permit issued prior to the "bodily injury" or No person or organization is an "insured" with respect to '.property damage." the conduct of any current or past partnership,joint venture This coverage shall be primary and not contribu- or limited liability company that is not shown as a Named tory with respect to the person or organization Insured in the Declarations. included as an "insured" under this section. Any other insurance that person or organization has shall be excess and not contributory with respect to this insurance, but this provision only applies if it is required in the written contract, agreement or permit identified in this section, and is permitted by law. Copyright,2010 Selective Insurance Company of America.All rights reserved. CA 77 36 02 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 Expenses For Bail Bonds And Loss Of Earnings For Fire Companies, Ambulance Squads and Rescue The following modifies SECTION 11 A. � � -- ~,~~~-' the Fellow- Employee� from the of ' - — � a�� � �� "bodily ��r� �oW� �� �� Supplementary Payments: covered "auto" you mwm, hire or borrow. But, this Paragraphs (2) and (4) of SECTION 11, A. 2' m' -- coverage extension ioonk/pnav�adto: Supplementary Payments are deleted in their entirety Members of the "insured" Fire Company, sndrep|amsdw�hthefoUmwing: Ambulance or Rescue Squad,while such member (2) We will pay up to the Limit of Insurance shown on the is operating within the scope of their offisin|duties, Commercial Automobile Extension Supplemental with respect to claims made or oudo brought Schedule for the cost of bail bonds(including bonds for against such member for injuries to e ha|knw related traffic law violations) required because of an member of the "insured" organizoUon, or for .accident" we cover. We do not have bnfurnish these injuries to members of other Fine Companies, bonds. Ambulance Squads or Rescue Squads; and (4) We will pay upbnthe Limit of Insurance shown on the 2' The "insured" organization with respect to claims Cononnanja| Automobile Extension Supplemental made or suits brought against the "insured" Schedule all reasonable expenses incurred by the organization for injuries members of other Fine "insured" at our request, including actual loss of Companies, Ambulance Squads or Rescue earnings because of time off from work. Squads. Employees Liability Amendment Care,Custody Or Control Amendment The following is added to SECTION 11, B. 4. — The following is added to SECTION 11, B. 6. — Exclusions: Exclusions: c. This exclusion also does not apply to any "volunteer The Care, Custody Or Control exclusion does not worker." apply to property not owned by any insured, subject to For Fire Companies, Ambulance Squads and Rescue the following: Squads, the Employee Indemnification and Employer's 1. The most we will pay under this exception for any Liability exclusion does not apply if the "bodily injury" one accident is$1,000; and results from the use of a covered "auto" you own, hire or 2. A deductible of $500 per accident applies to this borrow. But, this coverage extension is only provided to: exception. 1. Members of the"insured"Fire Company,Ambulance or Amendments to SECTION III — PHYSICAL Rescue Squad, while such member is operating within DAMAGE COVERAGE the scope of their official duties, with respect to claims made or suits brought against such member for injuries Towing And Labor to a fellow member of the"insured" organization, or for The following modifies SECTION 111,A. 2.—Towing injuries to members of other Fire Companies, SECTION 111,A. 2.—Towing is deleted and replaced Ambulance Squads or Rescue Squads; and with the following: 2. The"insured" organization with respect to claims made We will pay all reasonable towing and labor costs up or suits brought against the "insured" organization for to $75 each time a covered Private Passenger Type injuries to members of other Fire Companies, Vehicle, Social Service Van, Social Service Bus or Ambulance Squads or Rescue Squads. Light Truck is disabled and up to $150 per Fellow Employee Amendment disablement for Medium Weight Trucks. For labor The following is added to SECTION 11, B. 5. — charges to be reimbursable however, the labor must Exclusions: be performed at the place of disablement. For "insureds" Other Than Fire Companies, Ambulance Glass Breakage Squads and Rescue Squads, the Fellow Employee The following is added to SECTION III,A. 3.—Glass exclusion does not apply if the "bodily injury" results from Breakage — Hitting A Bird Or Animal — Failing the use of a covered"auto"you own or hire. Objects: d. If damage to glass is repaired in lieu of being replaced, no deductible will apply for repair only. Copyright, 2010 Selective Insurance Company of America.All rights reserved. CA 77 35 02 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 Hired Car Physical Damage Coverage Auto Loan/Lease Gap Coverage The following is added to SECTION MU -- PHYSICAL The following is added to SECTION YYY, A. 4. -- DAMAGE COVERAGE, Paragraph A. 4. Coverage Coverage Extensions: | Extensions: d' If |o leased "auto" covered "auto'for � c. If Comprehensive, Specified Causes of Loss or the Physical Damage Coverage applicable to o Collision coverage is provided by this poUcy, may total "loss," and the lessor ioanadditional insured extend that coverage to apply to Physical Damage under this Coverage Part, we will pay the differ- "loss" to hired "autos." We will provide coverage equal ence between amounts you owe the lessor under to the broadest coverage available to any ncxxaned the lease terms and the amount uf insurance paid ^auto" shown in the Declarations. But, the most vvawill the lessor for the total^|osm~ of the covered ~auto^ pay for^|oeo^ to hired "auto" in any one "accident" is minus: any payments overdue at the time of the the lesser of: loss; any financial penalties imposed due to wear I. $75,000; or and tear, high mileage or similar charges; any security deposits not refunded by the lessor; any 2. The actual cash value of the damaged or stolen costs for credit life, health and accident, or property as of the time of the"loss"; or disability insurance; any costs for extended 3. The actual cost of repairing or replacing the damaged warranties; or any carry over balances from or stolen property with other property of like kind or previous leases or loans. You are responsible for quality. A part is of like kind and quality when it is of the deductible applicable to the "loss" for the equal or better condition than the pre-accident part.We covered"auto." will use the original equipment from the manufacturer Personal Effects when: The following is added to of SECTION III, A. 4. (a) The operational safety of the vehicle might Coverage Extensions: otherwise be impaired; e. If Comprehensive Coverage is provided on this (b) Reasonable and diligent efforts to locate the coverage form for a covered "auto" you own and appropriate rebuilt, aftermarket or used part have that covered "auto" is stolen, we will pay up to the been unsuccessful; Limit of Insurance shown on the Commercial (c) A new original equipment part of like kind and Automobile Extension Supplemental Schedule, quality is available and will result in the lowest without application of a deductible, for personal overall repair cost; effects that are stolen with that covered "auto." (d) For vehicles insured under policies written on or Personal effects do not include jewelry, tools, before December 31, 2003, the vehicle has been money or securities. This coverage is excess over used no more than 15,000 miles unless the pre- any other collectible insurance. accident condition warrants otherwise; or The Following is added to SECTION III, A. 4. (e) For vehicles insured under policies written on or Coverage Extensions: after January 1, 2004, the vehicle has been used f. If you are a Board of Education, Municipality or no more than 20,000 miles unless the pre-accident other Governmental Entity, or Volunteer Emer- condition warrants otherwise. gency Services Organization, we will pay up to For each hired"auto"our obligation to pay"loss"will be $1,000 or the amount of the deductible under any reduced by a deductible equal to the highest deductible auto policy available to your volunteer or em- applicable to any owned "auto" for that coverage. No ployee, whichever is less, for any "loss" described deductible will be applied to "loss" caused by fire or in this section to any "auto" owned or used by a lightning. We will also pay up to$750 per"accident"for volunteer or employee while en route to and loss of use of the hired "auto" if it results from an during any official duty authorized by you. In no .accident" for which you are legally liable. The lessor event will we pay for any "loss" under this must suffer an actual financial "loss" for this coverage Coverage to any"auto" owned, hired, or borrowed to apply. by your organization. Hired Car Physical Damage Coverage provided by this extension is excess over any other collectible Copyright, 2010 Selective Insurance Company of America.All rights reserved. CA 77 35 02 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 0 - I J Additional Transportation Expenses Physical Damage Deductible - (Radio Frequency) The following modifies SECTION III, A. 4. a. Vehicle Tracking System Transportation Expenses LIMIT OF INSURANCE SECTION III, A. 4. a. — Transportation Expenses is THE FOLLOWING MODIFIES SECTION III, C. — deleted in its entirety and replaced with the following: LIMITS OF INSURANCE a. We will pay up to the Maximum Limit of Insurance SECTION III, C. — LIMITS OF INSURANCE is shown on the Commercial Automobile Extension deleted in its entirety and replaced with the following: Supplemental Schedule for temporary transportation (This provision does not apply in New York.) expense incurred by you because of any "losses" to The most we will pay for a"loss" in any one"accident" covered "autos," but only if the covered "autos" carry is the lesser of: the coverages and meet the requirements described in 1.or 2.below: 1. The actual cash value of the damaged or stolen I We will pay the above temporary transportation property as of the time of the"loss"; or expense for total theft of a covered "auto" if you carry 2. The cost of repairing or replacing the damaged or either Comprehensive or Specified Causes of Loss stolen property with other property of like kind and Coverage.We will only pay for such expenses incurred quality; or during the period beginning 24 hours after the theft and 3. If you are a Municipality or other Governmental ending, regardless of the policy's expiration, when the Entity, or an Emergency Services Organization: covered "auto" is returned to use or we pay for its a. The cost to replace the entire covered "auto" "loss." and its "permanently attached equipment", for 2. For"loss" other than the total theft to a covered "auto" covered"autos"designated in the schedule as under Comprehensive Coverage or Specified Causes being insured on either a stated amount or of Loss Coverage, or for any "loss" under Collision value guard basis as of the time of the "loss," Coverage to a covered "auto." We will only pay for with a comparable new "auto" and "perma- those expenses incurred during the policy period nently attached equipment" manufactured to beginning 24 hours after the"loss" and ending, regard- current standards set by nationally recognized less of the policy's expiration, with the lesser of the organizations such as, but not limited to, number of days reasonably required to repair or NFPA or the US Department of Transporta- replace the covered "auto,' or 30 days. This provision tion; but, the most we will pay under this 2. of this Extension does not apply while there are paragraph for owned or leased "autos" you spare or reserve "autos" available to you for your acquire after the policy begins and not operations. described in the declarations is the least of Airbag Coverage items 1.,2.,or 3.a.of this section; or The following is added to SECTION 111, B. 3. a. b. (This provision does not apply in New York.) Exclusions: The additional repair or replacement costs However, this exclusion relating to mechanical breakdown necessary to customize the damaged covered does not apply to the accidental discharge of an airbag. auto"with permanently installed equipment of like kind and quality, without deduction for Expanded Audio, Visual, And Data Electronic depreciation, if the "auto" is specifically Equipment outfitted for use by chiefs, captains, police, SECTION III, B. 4. — Exclusions does not apply to the administrators and others in comparable following: positions and is scheduled, but the "auto" is 1. Global Positioning Systems; and not designated on the schedule as being insured on an agreed-value basis. We will 2. Equipment designed solely for the reproduction of also pay under this provision for the cost of sound and/or video, and accessories used with such installation onto a replacement "auto" if the equipment,provided such equipment is: covered "auto" is not repairable, and we will a. Permanently installed in the covered "auto" at the pay for property owned by 'you" that is time of the loss; permanently installed in an "auto" not owned b. Removable from a housing unit which is perma- by you- nently installed in the covered "auto" at the time of the"loss"; c. Designed to be solely operated by use of the power from the"auto's"electrical system; or d. Designed to be solely to be used in or upon the covered"auto." Copyright, 2010 Selective Insurance Company of America.All rights reserved. CA 77 36 02 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 1 1 - The following is added to SECTION III, D.—Deductible: Waiver Of Subrogation Any Comprehensive Coverage Deductible shown in the The following modifies SECTION IV,A.6.—Transfer Declarations will be reduced by 50% for any "loss" caused Of Rights Of Recovery Against Us To Others: by theft if the vehicle is equipped with a radio frequency SECTION IV, A. 6. — Transfer Of Rights Of tracking device and that device was the method of Recovery Against Us To Others is deleted in its recovery of the vehicle entirety and replaced with the following: Amendments To SECTION IV — BUSINESS AUTO- We waive any right of recovery we may have against MOBILE CONDITIONS any person or organization because of payments we Multiple Deductibles make for "bodily injury" or "property damage" arising The following is added to SECTION IV, A. — Loss out of a covered "auto" only when you have assumed Conditions: liability for such "bodily injury" or "property damage" under "insured contract." In all other respects, if a 6. If a Comprehensive or Specified Causes of Loss person or organization to or from whom we make Coverage "loss" from one "accident" involves two or payment under this Coverage Form has rights to more "covered autos," only the highest deductible recover damages from another, those rights are applicable to those coverages will be applied to the transferred to us. .accident," if the cause of the loss is covered for those Concealment, Misrepresentation Or Fraud vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage The following is added to SECTION IV, B. 2. — for those vehicles, and does not extend coverage to Concealment,Misrepresentation Or Fraud: any "covered autos" for which you do not carry such e. If you should unintentionally fail to disclose any coverage. existing hazards in your representations to us at Duties In The Event Of Accident,Claim,Suit Or Loss the inception date of the policy, or during the The following is added to SECTION IV, A. 2. a. — Duties policy period in connection with any additional In The Event Of Accident,Claim,Suit Or Loss: hazards, we shall not deny coverage under this Coverage Pa The notice requirements for reporting "accident," claim, Part based upon such failure. Policy Period,Coverage Territory .suit" or "loss" information to us, including provisions related to the subsequent investigation of such, "accident", The following modifies SECTION IV, B. 7.—General claim, "suit" or "loss" do not apply until the "accident", Conditions: claim,"suit"or"loss" is known to: SECTION IV, B. 7. — Policy Period, Coverage 1. You, if you are an individual; Territory is modified as follows: 2. A partner, if you are a partnership; The definition of coverage territory is amended to 3. An executive officer or insurance manager, if you are a include anywhere in the world for covered "autos" corporation; hired on a short term (30 days or less) basis. The "insured's" responsibility to pay damages must be 4. Your members, managers or insurance manager, if determined in a"suit'brought in: you are a limited liability company; 1. The United States of America; 5. Your elected or appointed officials, trustees, board 2. The territories or possessions of the United States members, or your insurance manager, if you are an of America; organization other than a partnership, joint venture, or limited liability company. 3. Puerto Rico; or But, this section does not amend the provisions relating to 4. Canada; or notification of police, protection or examination of the in a settlement we agree to. property which was subject to the"loss". Two Or More Coverage Forms Or Policies Issued By Us The following modifies SECTION IV, B. 8. —General Conditions: Copyright,2010 Selective Insurance Company of America.All rights reserved. CA 77 35 02 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 SECTION IV, B. 8. —Two Or More Coverage Forms Or R. Permanently Attached Equipment Policies Issued By Us is deleted in its entirety and "Permanently attached equipment" means equip- replaced with the following: ment that is welded, bolted, or permanently 8. Two Or More Coverage Forms Or Policies Issued screwed to the dashboard, fire wall or body of the By Us "auto". Equipment inserted on permanently If a "loss" covered under this Coverage Part also installed side brackets with or without the use of involves a "loss" to other property from the same setscrews or tension, or portable fire fighting "accident," which is covered under a Commercial and/or rescue related equipment, shall not be Property or Inland Marine Coverage Part issued by us construed as"permanently attached equipment". or any member company of ours for you, only the S. Volunteer Worker highest deductible applicable to those coverages will "Volunteer worker" is a person who performs be applied to the"accident". business duties for you, for no financial or other Amendments to SECTION V—DEFINITIONS compensation. The following is added to SECTION V—DEFINITIONS: Q. Mental Anguish (This provision does not apply in New York.) For jurisdictions other than New York, the definition of "bodily injury" is amended to include mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be"bodily injury.") Copyright, 2010 Selective Insurance Company of America. All rights reserved. CA 77 35 02 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8