Loading...
HomeMy WebLinkAbout2015-146-E AMS - Clarion Associates for Southern Campus Master Plan (Future Planning) $79,500 DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 [Departmental Use Only] TITLE S. Campus Planning FY 2014-15 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 1st day of March, 2015, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and Clarion Associates, LL, located at 101 Market Street, Suite D, Chapel Hill NC 27516, (hereinafter,the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Phase 1 Implementation of Development for the Southern Orange County Government Services Campus. The Agreement scope is framed by Attachment A entitled "Scope of Work, Schedule, and Budget". ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the standards generally accepted in the profession. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with standards generally accepted in the profession and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely Revised 10/14 1 DocuSign Envelope ID: D81 B2DAD-599E-4763-A300-356BB4F41 E65 responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement, in connection with or arising directly or indirectly out of the negligence of the Provider or subcontractors. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, 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 Provider. v) Provider agrees that Provider, 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 Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vii) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): The Provider shall perform the work and services described herein and integrated herein by reference together with Attachment A - "Scope of Work, Schedule and Budget. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Revised 10/14 2 DocuSign Envelope ID: D81 1321DAD-599E-4763-A300-356131341`41 E65 4. Duration of Services a. Term. The term of this Agreement shall be from March 1, 2015 to May 31, 2015. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be March 1, 2015. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services shall not exceed Seventy Nine Thousand Five Hundred Dollars Dollars ($79,500). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Jeff Thompson) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance Revised 10/14 3 DocuSign Envelope ID: D81 B2DAD-599E-4763-A300-356BB4F41 E65 a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http•//oran ecg ountync.gov/purchasing/contracts.aM). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Revised 10/14 4 DocuSign Envelope ID: D81 1321DAD-599E-4763-A300-356131341`41 E65 ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. Revised 10/14 5 DocuSign Envelope ID: D81 1321DAD-599E-4763-A300-356131341`41 E65 h. Non-Appropriation. Provider acknowledges that County 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. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County 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. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Si nab tures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: Orange County Provider Attention:Jeff Thompson Clarion Associates P.O. Box 8181 Attention: Craig Richardson Hillsborough,NC 27278 101 Market Street, Suite D Chapel Hill NC 27517 [SIGNATURE PAGE TO FOLLOW] Revised 10/14 6 DocuSign Envelope ID: D81 1321DAD-599E-4763-A300-356131341`41 E65 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: DocuSigned by: Doc uSigned by: By: E6 it, ( ammt.v'S� By: F60AO �t(,�,a�V'� 6Lu ou— 63f 1'@�ff4a'ger 4C48957DED624D0... Craig Richardson, Director, Clarion Associates Printed Name and Title Revised 10/14 7 DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 Attachment A: Scope of Work, Schedule, and Budget for Phase 1 Implementation of Development of the Southern Orange County Government Services Campus January 12, 2015 SCOPE OF WORK AND SCHEDULE The Scope of Work for this initiative will involve tasks to begin implementation of the Southern Orange County Government Services Campus Master Plan. Five components of work are proposed for this first phase of implementation of the County's approved Master Plan for the site: (1) Review and compilation of information; (2) Subdivision of the site into development parcels; (3) Public information and discussions with County staff, (4) Preparation of preliminary infrastructure plans and building concepts; and (5) Preparation of an Implementation Plan for moving forward. The intent is to have a report completed by the end of March, 2015 for presentation to the Board of County Commissioners. Phase 1: Prepare Implementation Plan to Present to Board of County Commissioners • Task 1: Review of Information. Review the approved Master Plan and accompanying Special Use Permit documents for the Southern Orange County Government Services Campus, along with County documents (Short-term and Long Range Capital Improvements Programs, Departmental Work Programs and Projections, and other materials compiled by Orange County staff). Review the conditions of approval included in the Special Use Permit by Town staff. Compile information requirements and time frames for additional approvals needed prior to the start of construction. Meet with Chapel Hill Staff to confirm process (including submittal requirements and timelines) for next steps in site development. Establish staff Project Steering Committee (to include representatives from Orange County Board of Commissioners). Task 1 is to be completed by February 15, 2015. • Task 2: Subdivision. Prepare, gain approvals for, and record subdivision plats so that each of the three existing facilities on the site can "stand alone" with respect to collateralization. A process will be constructed, working with staff from the Town of Chapel Hill, whereby these three portions of the site that currently have buildings can each become an independent parcel, with language tying the individual parcels to the overall site, and to the terms and conditions of the Special Use Permit that applies to the entire site. The process will anticipate and plan for similar subsequent subdivisions for each future building area to be constructed on the site. Work to achieve subdivision plats for the first three areas will go on simultaneously with other Tasks, with a target of having plats recorded by the end of March, 2015. This task will include consultation with a real estate professional familiar with Chapel Hill property configurations, and a surveyor for preparation of recordable plats. Task 2 is to be completed by March 31, 2015. • Task 3: Engage Public and Coordinate with County Staff. Meet with County Departments and the County's Space Study Work Group to collect and discuss information about space needs at the County's Homestead Road site. Meet with department representative individually and conduct a group planning work session in February. Coordinate with the County's ongoing Space Study Update initiative related to the Capital Improvements Program. This task will include consultation with professionals knowledgeable with innovative and best practices for design of Senior Center facilities. Prepare for and conduct a Public Information meeting to provide information about next steps in planning for development of this site (including A-1 DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 presentation and review of the approved Special Use Permit). Task 3 is to be completed by March 15, 2015. • Task 4: Prepare Preliminary Infrastructure and Building Plans. Prepare preliminary plans for infrastructure improvements (internal road, water, sewer, stormwater management, building footprints) and conceptual plans for additional buildings or building additions to be initially considered on this site, based on the space needs determined in Task 3, with attention to building siting, undisturbed areas, parking, walkways, and connections to off-site bike and sidewalk network. Identify information and technical design needs that will be needed for moving forward. Identify a "Phase I" area for preliminary infrastructure and building designs anticipated to be the first phases of development. Prepare preliminary cost projections for building additions proposed in Phase I, along with projected costs of necessary infrastructure improvements for Phase I. Prepare a general phasing plan, more conceptual and changeable, for consideration of the entire site development, with considerations of infrastructure requirements related to building projects in different portions of the site. Conceptual plans will be shown for building additions to the existing Southern Human Services Building and the existing Seymour Center to accommodate the immediate needs articulated by the space needs. Additional new buildings would be shown in the longer-term General Phasing Plan and would be more conceptual and changeable in nature. Task 4 is to be completed by March 15, 2015. • Task 5: Prepare Initial Development Plan. The best option for the Initial Development Plan will be determined through the process outlined in Tasks 1-4 above. The focus of Task 5 will be to refine the selected option as follows: Specific site development options, identifying building elements to be included in Phase I (square footage, location, preliminary conceptual designs) and infrastructure requirements to be included in Phase I (type, location). Prepare initial, preliminary cost estimates of building additions and infrastructure site work. Prepare a timeline showing what regulatory steps are necessary before construction can begin. Meet with Steering Committee to review drafts of the Initial Development Plan, and revise accordingly. Present to Board of County Commissioners in March, 2015.Task 5 is to be completed by March 31, 2015. Phase 2: Support Development of Building Plans (Not Part of this Contract) • Prepare construction documents including all supporting submittal requirements for the final plan approval for the Town of Chapel Hill. Additionally any new projects will need to obtain Community Design Commission approval. Outside agencies to be included in the approval process will be Orange Water and Sewer Authority, NCDOT, NCDENR Land Quality Division and Division of Water Quality. All construction documents will be prepared in accordance with the "Southern Orange County Government Services Campus Design Guidelines" as approved in the latest special use permit. A-2 DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 PROJECT BUDGET The project budget for completion of this Scope of Work for Phase 1 of this initiative to implement the County's approved Master Plan for Development of this site, as described above, is proposed at a not- to-exceed level of$79,500, which includes reimbursable expenses. The budget will be allocated by task (as described above) as follows: Budget for Orange County Southern Campus Master Plan Implementation Phase 1: January-March, 2015 Budget by Task Task 1: Review Information ....................................................... $ 6,900 Task 2: Prepare and Record Minor Subdivision Plats............. $13,400 Task 3: Engage Public/County Staff Discussions.................... $7,900 Task 4: Preliminary Infrastructure/Building Plans ................ $27,200 Task 5: Prepare/Present Initial Development Plan .............. $24,100 Budget Total $79,500 A-3 DocuSign Envelope ID: D81 B2DAD-599E-4763-A300-356BB4F41 E65 CLARI-1 OP ID:VM CERTIFICATE OF LIABILITY INSURANCE DATE 02125/20/ YY) 02125!2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT PFS Insurance Group-JT HONE FA 4848 Thompson Pkwy,Ste 200 AIC No Ext: Arc No Johnstown,CO 80534 E-MAIL John Hintzman ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC I INSURERA:Pinnacol Assurance CO 41190 INSURED Clarion Associates LLC INSURER B:State Auto Property&Casualty 11017 621 17th St#2250 INSURER c:Houston Casualty Company Denver, CO 80293 INSURER D:Zu rich-Am erican Ins Co. 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF PO CY EXP LTR INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 B X COMMERCIAL GENERAL LIABILITY BOP2630684 08/11/2014 08/11/2015 DAMAGE TO RENTED 3OO OOO PREMISES Ea occurrence $ , CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,000 X Contractual PERSONAL&ADV INJURY $ 2,000,000 X Additional Insure GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 4,000,00 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident) $ B X ANY AUTO BAP2400115 0811112014 08/11/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 B X EXCESS LIAR CLAIMS-MADE CXS2102792 08/11/2014 08/11/2015 AGGREGATE $ 2,000,000 DED X RETENTION$ 10000 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN Y L TS E A ANY PROPRIETORIPARTNER/EXECUIIVE 060755 (CO) 07/01/2014 07/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFI d tort'Imn NH) CLUDED? L NIA C463309702 F L SC NC 07/01/2014 07/01/2015 D (Mandatory In NH) ( , , ) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liab. 09/22/2014 09/22/2015 Prof Liab 1,000,000 Retention 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) If required by written agreement, Ornage County is included as additional insured for ongoing operations under general liability. If required by written agreement a waiver of subrogation in favor of the certificate holder applies to the workers' compensation. CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NCi 27278 AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 PINNA COL 7501 E Lowry Blvd ASSURANCE Denver, CO 80230-7006 303-361-4000/800-873-7242 www.pinnacol.com NCCI#: WC000313B Policy#: 4060755 Clarion Associates LLC PFS Insurance Group, LLC -Johnstow 621 17th St Ste 2250 4848 Thompson Pkwy Denver, CO 80293 Suite 200 Johnstown, CO 80534 (970)635-9400 ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement,as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:July 1,2014 Expires on:July 1, 2015 Pinnacoi Assurance has issued this endorsement July 2, 2014. Rodney Cole Underwriter 7501 E Lowry Blvd Denver,CO 80230-7006 Page 1 of 1 P ISA- 07/02/201419:26:16 4060755 41639092 359-8 DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 ,.�7 %—a NMI = AMN I v `�J Insurance Companies BOP 2630684 03 FORMS AND ENDORSEMENTS APPLICABLE TO THE COMMERCIAL GENERAL LIABILITY COVERAGE PART NEW FORM OR ENDORSEMENT ENDORSEMENT TITLE AND EDITION DATE (Only the endorsement titles are shown below, please review the form for a complete description of coverage.) CG 21 67 12 04 Fungi or Bacteria Exclusion SL 00 62 01 08 Broad Form Notice of Occurrence SL 00 63 01 08 Liability Extension Endorsement SL 00 64 01 08 Incidental Medical Services Liability SL 20 02 01 06 Asbestos Exclusion SL 20 04 01 06 Exclusion-Lead Liability SL 21 16 01 08 Professional Liability Exclusion CG 00 01 12 04 Commercial General Liability Coverage Form CG 24 26 07 04 Amendment of Insured Contract Definition CG 2147 07 98 Employment Related Practices Exclusion CG 21 70 01 08 Cap on Losses From Certified Acts of Terrorism CG 21 76 01 08 Exclusion of Punitive Damages Related to a Certified Act of Terrorism SL 11 73 12 11 Waiver of Transfer of Rights of Recovery Against Others to Us- Automatic CG 00 67 05 09 Recording and Distribution of Material or Information in Violation of Law CG 25 04 03 97 Designated Location(s)General Aggregate Limit IL 00 2109 08 Nuclear Energy Exclusion CG 32 24 06 10 Colorado Changes-Amendment of Insured Contract Definition SL 20 51 12 11 Amendment of Contractual Liability Exclusion SL 20 38 01 13 Additional Insured-Owners, Lessees, or Lessors of Leased Equipment-Automatic SL 10 23 12 09 Additional Insured-Owners, Lessees, Contr- Incl Completed Ops-Scheduled CG 21 87 01 07 Conditional Exclusion of Terrorism IL 09 99 0107 Disclosure of Premium and Estimated Premium for Certified Acts of Terrorism Coverage `Indicates a new form has been added or a replacement form has been substituted for one of an earlier edition. Please retain all forms. Issue Date 06/11/2014 01:59:45 PM BP 60 02 (01108) Page 005 of 007 0001001 P,W.d: DocuSign Envelope ID: D81B2DAD-599E-4763-A300-356131341`41E65 06/11/2014 WFS CLAR CPP• R 05PFS 0006429 080293 ,.r� a MATE AVID `iJ Insurance Companies BOP 2630684 03 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Coverages provided by your Businessowners Policy are described in the coverage forms and endorsements attached to your policy and identified in these declarations. The most we will pay for any one occurrence is the greatest of the applicable limit of insurance shown below. Higher limits shown below supersede limits for the same coverage described in the coverage forms and endorsements. COVERAGES INCLUDED LIMITS PREMIUM Additional Ins.Automatic Status Included Included Advertising Injury Included Included Bodily Injury Included Included Broad Form Notice of Loss Included Included Broad Form Property Damage Included Included Business Liability Extension Included Included Conditional Indemnitee Defense Included Included Contractual Liability Included Included Cost of Bonds $250 per day Included Cost Incurred From Claim Assistance Included Included Cross Liability Coverage Included Included Damage to Property of Others Included Included Explosion,Collapse,Underground Cov Included Included Employees as Insureds Included Included Extended Bodily Injury Included Included Host Liquor Liability Included Included Incidental Medical Services Included Included Independent Contractors Protective Included Included Legal Defense and Court Costs Included Included Limited World Wide Liability Included Included Loss of Earnings $250 per day Included Newly Acquired Organizations Included Included Non-Owned Auto Parking Included Included Non-Owned Watercraft-under 26' Included Included Operation of Mobile Equipment Included Included Pre& Post Judgment Interest Included Included Real Estate Manager as Insured Included Included Reasonable Force Included Included Volunteers as Insureds Included Included Terrorism-Liability Included $5 This is a brief representation of coverage provided. Consult policy coverage forms for complete and detailed coverage descriptions, restrictions and conditions. Issue Date 06/11/2014 01:59:45 PM BP 60 02 (01/08) Page 007 of 007 0001352 PIW.d: 09/12/14 01:57:29 DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 MOBDEC BOP 2630684 02 06/18/2013 WFS CLAR CPP' R 06PFS 0006429 080293 JX STATE AVTQO Insurance Companies BOP 2630684 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATIONS (INCLUDING COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of t ona Insured Person(s) Or Location(s) Of Covere perat ons Organization(s) Information required to complete this ScheTuTe7lf not shown above, will e shown in the ec aratlons. A. The words "you" and "your" as used in this endorsement refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached. "You" and "your" do not refer to an additional insured. B. The following Is added to Section 11 - Who Is An Insured: 1. Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule at the location(s) designated above, but such person or organization is an additional insured only with respect to:: a. Liability for "bodily injury", "property damage", or "personal injury and advertising injury" caused, in whole or in part, by (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; In the performance of your ongoing operations. A person's or organization's status as an additional insured for ongoing operations ends when your operations for that additional insured are completed. b. Liability for "bodily injury" or "property damage" caused in whole or in part, by "your work" included in the "products-completed operations hazard" when you and such person or organization have agreed in a written contract or written agreement that you are required to provide the additional insured with such coverage. 2. With respect to the Insurance afforded to the additional insured described above, the following additional exclusions or limitations apply: a. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render any professional engineering, architectural or surveying services by you or others on your behalf, including: (1) The preparing, approving, failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (2) Supervisory or Inspection activities performed as part of any related architectural or engineering activities, However, professional services do not Include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. b. This Insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of, or for defects in design provided by, the additional insured or its "employees". SL 10 23 12 09 Page 1 of 2 •//•SL1023-200912 Includes copyrighted materials of Insurance Services Office, Inc., with its permission DODI0D3 P,'W& issue Date 06/1812013 02:22:27 PM wlsill 01:26:41 DocuSign Envelope ID: D81 1321DAD-599E-4763-A300-356131341`41 E65 MOBDEC BOP 2630684 02 0611 81201 3 WFS CLAR CPP• R 06PFS 0006429 080293 STATE AUTOA Insurance Companies BOP 2630684 02 c. With respect to the person or organization added as an additional insured by this endorsement, paragraph 9.f. of Section V - Definitions does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard" unless such contractual assumption of liability is specifically required by a written contract or written agreement. d. The insurance as provided in this endorsement does not apply to "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" for which a consolidated (wrap-up) Insurance program has been provided by the prime contractor, project manager or owner of a construction project in which you are involved. e. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement. The contract or agreement must be in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. Coverage for the additional insured is provided only for the lesser of; (i) the period of time required by such contract or agreement; or (ii) the end of the policy period. In no event will coverage for the additional insured extend beyond the expiration date of the policy. 3. The Limits of Insurance applicable to an additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever Is less. These limits are Inclusive of, and are not in addition to, the Limits of Insurance shown on the Declarations. 4. With respect to the coverage provided under this endorsement to the additional Insured, the following is added to paragraph 4.a., Other Insurance, of Section IV - Commercial General Liability Conditions: However, if a written contract or written agreement in effect during the policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires this insurance to be either primary or primary and non-contributory, this insurance will comply with that requirement. 5. As a condition of coverage, each additional Insured must: a. Give us prompt written notice of any 'occurrence" or offense which may result in a claim and prompt written notice of "suit". b. Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the "suit," and otherwise comply with policy conditions. c. Tender the defense and indemnity of any claim or suit to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured under any applicable policy definition. For purposes of this requirement, the term "insures against" refers to any self-insurance and to any insurer which Issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested, demanded, or targeted tender that the Insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d. Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. SL 10 23 12 09 Page 2 of 2 //-SL 1023-200912 Includes copyrighted materials of Insurance Services Office, Inc., with its permission Issue Date 06/18/2013 02:22:27 PM O-W13 01:23:41 DocuSign Envelope ID: D81 B2DAD-599E-4763-A300-356BB4F41 E65 MOBDEC BOP 2630684 02 08/07/2013 FHC CLAR CPP• ACC 06PFS 0006429 080293 me STATE AUTO" Insurance Companies BOP 2630684 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section IV - Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization which, before the loss, you have agreed in writing to waive your right of recovery. SL 11 73 12 11 Page 1 of 1 //-SL 1173-201112 Includes copyrighted material of Insurance Services Office, Inc., with It permission 0000aee rdi.m Issue Date 08/07/2013 01:59:19 PM oeroeru ot:aa:oe DocuSign Envelopes J ID: D81 B2DAD-599E-4763-A300-356BB4F41 E65 �I Insurance Companies BUSINESS AUTO POLICY BAP 2400115 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO POLICY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM CONTENTS: A. ADDITIONAL INSURED - AUTOMATIC STATUS B. BROADENED INSURED C. DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS CONDITION D. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS E. RESULTANT MENTAL ANGUISH F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION G. EMPLOYEES AS INSUREDS H. EMPLOYEE HIRED AUTOS I. INCREASED BAIL BONDS AND LOSS OF EARNINGS J. INCREASED TRANSPORTATION EXPENSE - TOTAL THEFT OF A COVERED AUTO K. INCREASED LOSS OF USE EXPENSE L. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE M. GLASS REPAIR DEDUCTIBLE WAIVER N. COLLISION DEDUCTIBLE WAIVER 0. INCREASED LIMIT FOR ELECTRONIC EQUIPMENT P. TOWING Q. AUTO LOAN/LEASE GAP COVERAGE R. PERSONAL EFFECTS COVERAGE S. LOCKSMITH SERVICES T. TAPES, RECORDS AND DISCS COVERAGE U. HIRED AUTO PHYSICAL DAMAGE V. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS - WORLDWIDE COVERAGE W. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US A. ADDITIONAL INSURED - AUTOMATIC STATUS Item 1.c. of SECTION II - LIABILITY COVERAGE is deleted and replaced with the following: c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. This includes, but is not limited to, any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured under this policy only with respect to liability caused in whole or in part by your acts or omissions in the performance of your ongoing operations for the additional insured. A person or organization's status as an additional insured for ongoing operations under this policy ends when your operations for the additional insured are completed or when this policy is cancelled, whichever occurs first. B. BROADENED INSURED The following paragraph is added to SECTION II - WHO IS AN INSURED: d. Any organization of yours, other than a partnership or joint venture, of which you own a financial interest of more than 50% as of the effective date of this Coverage part, will qualify as an "insured". However, such organization will not qualify as an "insured" if it is also an "insured" under another policy, other than a policy written to apply specifically in excess of this Coverage Part or would be an "insured" under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an "insured" only while you own a financial interest of more than 50% in the organization during the policy period. e. Any organization that is acquired or formed by you, other than a partnership or joint venture, of which you own a financial interest of more than 50% will qualify as an "insured". However, such organization will not qualify as an "insured" if it is also an "insured" under another policy, other than a policy written to apply specifically in excess of this Coverage Part or would be an "insured" under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an "insured" only while you own a financial interest of more than 50% in the organization during the policy period. SA3000 (06/08) Page 1 of 4 '//'SA3000-200808 S� k 0000140 P,W.d: p t DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 STATE AVTVF BUSINESS AUTO POLICY ��.J Insurance Companies BAP 2400115 01 This provision does not include: (1) any organization 180 days or more after its acquisition or formation; or (2) "bodily injury", "property damage" or "covered pollution cost or expense" caused by an "accident" that occurred before you acquired or formed the organization. C. DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS CONDITION The following paragraph is added to the end of Paragraph A. 2., SECTION IV - BUSINESS AUTO CONDITIONS: Your obligation to notify us promptly of an "accident", claim, "suit" or "loss" is satisfied if you send us written notice as soon as practicable after any of your executive officers, directors, partners, insurance managers, legal representatives, or "employees" authorized by you to give or receive notices becomes aware of or should have become aware of such "accident", claim, "suit" or "loss". If you report an "accident" or "loss" to your workers compensation insurer which later becomes a claim under this coverage part, failure to report such "accident" or "loss" to us at the time of the "accident" or "loss" will not be considered a violation of this Condition, if you notify us as soon as practicable when you become aware that the "accident" or "loss" has become a liability claim. D. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following paragraph is added to Paragraph B. of SECTION IV - BUSINESS AUTO CONDITIONS: Based on our reliance on your representations of existing hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. E. RESULTANT MENTAL ANGUISH The definition of "bodily injury" is SECTION V- DEFINITIONS is replaced by the following" "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION The Fellow Employee Exclusion contained in Section II - Liability Coverage does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. The insurance granted under this provision is excess over any other collectible insurance G. EMPLOYEES AS INSUREDS The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. H. EMPLOYEES HIRED AUTOS The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured provision: Any "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5.b. Other Insurance is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". I. INCREASED BAIL BONDS AND LOSS OF EARNINGS SECTION 11 - LIABILITY COVERAGE, A.2. Coverage Extensions, a. Supplementary Payments is amended by: 1. Replace the $2,000 limit for cost of bail bonds with $5,000 in paragraph (2); and 2. Replace the $250 a day limit for reasonable expenses including actual loss of earnings with $500 a day in paragraph (4). J. INCREASED TRANSPORTATION EXPENSE - TOTAL THEFT OF A COVERED AUTO SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, a. Transportation Expenses, is amended by replacing $20 per day with $60 per day, and the $600 maximum with $1,800 maximum. This extension applies to all covered "autos" with a Gross Vehicle Weight of less than 10,001 pounds. SA3000 (06/08) Page 2 of 4 .//'SA3000-200806 0000148 P,W.d: DocuSign Envelope ID: D81 132DAD-599E-4763-A300-356131341`41 E65 %.7 ■AML■ G NV ■ V BUSINESS AUTO POLICY Insurance Companies BAP 2400115 01 K. INCREASED LOSS OF USE EXPENSES SECTION III - PHYSICAL DAMAGE COVERAGE, AA Coverage Extensions, b. Loss Of Use Expenses, is amended by replacing $20 per day with $60 per day, and the $600 maximum with $1,800 maximum. L. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE The following is added to Exclusion B.3.a. of SECTION III - PHYSICAL DAMAGE COVERAGE: However, this exclusion does not apply to the accidental discharge of an airbag. M. GLASS REPAIR DEDUCTIBLE WAIVER The following is added to paragraph D. of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. N. COLLISION DEDUCTIBLE WAIVER The following is added to paragraph D. of SECTION III - PHYSICAL DAMAGE COVERAGE: When a covered "auto" insured for Collision coverage under this policy collides with another "auto" we insure, the Collision deductible applicable to the covered "auto" or "autos" insured under this policy shall not apply. O. INCREASED LIMIT FOR ELECTRONIC EQUIPMENT The Electronic Equipment Coverage endorsement SA 1013 attached to this policy is amended as follows: The $1,000 limit for electronic equipment installed in locations not used by the manufacturer for installation of such equipment has been increased to $2,500. P. TOWING SECTION III - PHYSICAL DAMAGE COVERAGE, A.2. Towing, is replaced by replacing the following: 2. Towing We will pay up to $75 for towing and labor costs incurred each time an "auto" with a Gross Vehicle Weight of less than 10,001 pounds is disabled if the declarations indicate that either Comprehensive Coverage or Specified Causes of Loss Coverage and Collision Coverage are provided for that "auto". Q. AUTO LOAN/LEASE GAP COVERAGE The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total 'loss" to a covered "auto" shown in the Schedule or Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. Overdue payments and financial penalties associated with those payments as of the date of the "total loss"; 2. The carryover, transfer or rollover of a previous outstanding lease or loan balance from another vehicle to the original lease or loan for the scheduled "auto'; 3. The dollar amount of any unrepaired damage which occurred prior to the total "loss" of the scheduled "auto"; 4. All refunds paid or payable to you as a result of the early termination of the lease of loan agreement or, to the extent financed, as a result of the early termination of any warranty or extended service agreement on the scheduled "auto"; 5. Financial penalties imposed under a lease agreement for high mileage, excessive use or abnormal wear and tear; 6. Nonrefundable security deposits; and 7. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. The following is added to paragraph A. Loss Conditions of SECTION IV - BUSINESS AUTO CONDITIONS: Lease/Loan Gap Coverage shall apply to the remaining term of the original lease or loan agreement written on the scheduled "auto" at the time of total 'loss". R. PERSONAL EFFECTS COVERAGE The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions: c. Personal Effects We will pay up to $500 for "loss" to personal effects which are: (1) owned by an "insured"; and (2) in or on a covered "auto". This coverage applies only in the event of a total theft of a covered "auto". No deductible applies to this coverage. Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment are not considered personal effects. SA3000 (06/08) Page 3 of 4 '!/'SA3000-200806 0000147 P,W.a: DocuSign Envelope ID: D81 B2DAD-599E-4763-A300-356BB4F41 E65 MOU Insurance Companies BUSINESS AUTO POLICY BAP 2400115 01 S. LOCKSMITH SERVICES The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions: d. Locksmith Services We will pay up to $100 for necessary locksmith services incurred because keys to a covered "auto" have been lost, stolen or damaged. No deductible applies to this coverage. T. TAPES, RECORDS AND DISCS COVERAGE Exclusion BAa. of SECTION III - PHYSICAL DAMAGE COVERAGE does not apply. The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, AA. Coverage Extensions: e. Tapes, Records And Discs Coverage Under Comprehensive Coverage we will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (1) Are your property or that of a family member or employee (2) Are in a covered "auto" at the time of 'loss". The most we will pay for "loss" is $200. U. HIRED AUTO PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision coverages are extended to an "auto" you lease, hire, rent, or borrow subject to the following: 1. The most we will pay for "loss" to any leased, hired, rented, or borrowed "auto" is the Actual Cash Value or the cost to repair the "auto", whichever is smallest. 2. The deductible for Hired Auto Physical Damage will be equal to the largest deductible applicable to any owned "auto" scheduled on this policy for that coverage. No deductible applies to loss by fire or lightning. 3. If the 'loss" to the leased, hired, rented, or borrowed "auto" is covered by Comprehensive Coverage, and if no owned "auto" scheduled on this policy is insured for Comprehensive Coverage, a $100 deductible will apply to the 'loss". 4. If the "loss" to the leased, hired, rented, or borrowed "auto" is covered by Collision Coverage, and if no owned "auto" scheduled on this policy is insured for Collision Coverage, a $1,000 deductible will apply to the 'loss". V. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS - WORLDWIDE COVERAGE Paragraph B, Te.(1) of Section IV - BUSINESS AUTO CONDITIONS - Policy Period, Coverage Territory is replaced by the following: A covered "auto" of the private passenger type or a light truck with Gross Vehicle Weight less than 10,001 pounds is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and W. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Section IV - BUSINESS AUTO CONDITIONS A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required by you by a written contract executed prior to any "accident' or 'loss", provided the "accident" or "loss" arises out of operations contemplated by such contract. This waiver applies only to the person or organization designated in such contract. 'i i i SA3000 (06/08) Page 4 of 4 '//'SA3000-200606 i t 0000143 Pd-d: