7a. GameDay COI 05-01-2025

AID 1856773 · View on Simbli

Agenda Item

ix. Contract ~ Renewal and Ratification ~ RFP 24-552 ~ Gym Floor Maintenance, Repair and Replacement Services Contract ~ Floor Care Specialists dba Gameday Floors and Superior Court Systems by Floor Action ~ Renewal #1 of 4 (Not to exceed $2,000,000)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School District Board of Education (“the Board”) approve the first of four (#1 of 4) contract renewals for RFP 24-552 Gym Floor Maintenance, Repair and Replacement Services in the amount not to exceed $2,000,000 to Floor Care Specialists dba Gameday Floors and Superior Court Systems by Floor Action. Approval for ratification of the contract services is required from June 30, 2025, through September 8, 2025.
Why: This request is for a ratification of services and contract renewal for Floor Care Specialists dba Gameday Floors and Superior Court Systems by Floor Action to provide continuity for district-wide gym floor maintenance, repair, and replacement services on an as-needed basis. It ensures schools and facilities remain safe, clean, and welcoming environments in a timely and cost-effective manner. These services are critical to the success of facility modernization and routine upkeep across the district-wide.
Details: On April 15, 2024, the Board approved the contract award of RFP 24-552 Gym Floor Maintenance, Repair and Replacement Services to Floor Care Specialists dba Gameday Floors and Superior Court Systems by Floor Action.

Flooring Contractors provide flooring services including installation, repairs, screening and recoating, and general maintenance to gymnasium floors enhancing safety. The contract enables the District to schedule work efficiently and reduce delays in response to both preventive and emergency work order needs. Work will be assigned on an as-needed basis and managed through task orders issued by the Facilities Maintenance Department. This recommendation is for the first of four (#1 of 4) one (1) year contract renewal options.
Financial impact: The total contract amount for these services in the amount not- to- exceed $2,000,000, will be allocated across various General Fund and E-SPLOST cost codes. The total budget is allocated from the cost code (100.2600.543013.00011.7520.9990.8013.040.0000)
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1461
Mr. Keith Ball, Executive Director of Capital Improvement and Facilities Maintenance, Division of Operations, 678-676-1397
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
                                                                                                                                                                            DATE (MM/DD/YYYY)
                                               CERTIFICATE OF LIABILITY INSURANCE                                                                                              05/01/2025
  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
  CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
  BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
  REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
  IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be 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       Billye Jones
                                                                                              NAME:
PointeNorth Insurance Group, LLC                                                              PHONE           (770) 858-7540                               FAX             (770) 858-7545
                                                                                              (A/C, No, Ext):                                              (A/C, No):
PO Box 724728                                                                                 E-MAIL        bjones@valdostainsurance.com
                                                                                              ADDRESS:
                                                                                                                   INSURER(S) AFFORDING COVERAGE                                       NAIC #
Atlanta                                                                 GA 31139              INSURER A :   Central Mutual Ins Co                                                      20230
INSURED                                                                                       INSURER B :   Technology Insurance Company                                               42376
                 Floor Care Specialists Inc                                                   INSURER C :
                 4040 Nine McFarland Dr                                                       INSURER D :
                 Ste 1000                                                                     INSURER E :
                 Alpharetta                                             GA 30004-7883         INSURER F :
COVERAGES                                     CERTIFICATE NUMBER:             CL2532604050                                             REVISION NUMBER:
  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
  CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR                                                ADDL SUBR                                          POLICY EFF      POLICY EXP
 LTR                TYPE OF INSURANCE               INSD WVD              POLICY NUMBER               (MM/DD/YYYY)    (MM/DD/YYYY)                                LIMITS
           COMMERCIAL GENERAL LIABILITY                                                                                                EACH OCCURRENCE                  $    1,000,000
                                                                                                                                       DAMAGE TO RENTED                      300,000
               CLAIMS-MADE          OCCUR                                                                                              PREMISES (Ea occurrence)         $

                                                                                                                                       MED EXP (Any one person)         $    5,000
 A                                                              CLP 8673990                            10/04/2024      10/04/2025      PERSONAL & ADV INJURY            $    1,000,000

       GEN'L AGGREGATE LIMIT APPLIES PER:                                                                                              GENERAL AGGREGATE                $    2,000,000
                        PRO-                                                                                                                                                 2,000,000
           POLICY       JECT          LOC                                                                                              PRODUCTS - COMP/OP AGG           $

           OTHER:                                                                                                                      PDLDB                            $

       AUTOMOBILE LIABILITY                                                                                                            COMBINED SINGLE LIMIT            $    1,000,000
                                                                                                                                       (Ea accident)
           ANY AUTO                                                                                                                    BODILY INJURY (Per person)       $

 A         OWNED                 SCHEDULED                      BAP 8673989                            10/04/2024      10/04/2025      BODILY INJURY (Per accident)     $
           AUTOS ONLY            AUTOS
           HIRED                 NON-OWNED                                                                                             PROPERTY DAMAGE                  $
           AUTOS ONLY            AUTOS ONLY                                                                                            (Per accident)
                                                                                                                                       Uninsured motorist               $    1,000,000
                                                                                                                                       combined single limit
           UMBRELLA LIAB            OCCUR                                                                                              EACH OCCURRENCE                  $
 A         EXCESS LIAB              CLAIMS-MADE                 CXS 8673991                            10/04/2024      10/04/2025      AGGREGATE                        $

               DED          RETENTION $                                                                                                                                 $
       WORKERS COMPENSATION                                                                                                                 PER              OTH-
       AND EMPLOYERS' LIABILITY                                                                                                             STATUTE          ER
                                              Y/N
       ANY PROPRIETOR/PARTNER/EXECUTIVE                                                                                                E.L. EACH ACCIDENT               $    1,000,000
 B     OFFICER/MEMBER EXCLUDED?               N     N/A         TES4565872                             03/30/2025      03/30/2026
       (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
                                                                                                                                       Rented/Leased                         100,000
       Equipment
 A                                                              CLP 8673990                            10/04/2024      10/04/2025


DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)




CERTIFICATE HOLDER                                                                            CANCELLATION

                                                                                                 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
                                                                                                 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
                 Dekalb County School District                                                   ACCORDANCE WITH THE POLICY PROVISIONS.

                 1780 Montreal Rd
                                                                                              AUTHORIZED REPRESENTATIVE


                 Tucker                                                 GA 30084-6705

                                                                                                                     © 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)                                        The ACORD name and logo are registered marks of ACORD
                                                     ADDITIONAL COVERAGES
Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Additional Insured Designated Persons                                        ADIDP
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          GLPLS                                                                        GLPLS
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          BAP Plus                                                                     BAPP
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Medical payments                                                             MEDPM
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium
5,000

Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Umbrella(C)                                                                  CUMBR
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium
5,000,000               5,000,000                            0

Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Waiver of Subrogation                                                        WVSUB
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Increased employer's liability                                               INEL
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Adjst. to reconcile-exp mod. premium                                         AREM
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Premium discount                                                             PDIS
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          DTEC                                                                         DTEC
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                              Coverage Code    Form No.          Edition Date
          Expense constant                                                             EXCNT
Limit 1                 Limit 2            Limit 3       Deductible Amount   Deductible Type        Premium



OFADTLCV                                                                                           Copyright 2001, AMS Services, Inc.
                                               ADDITIONAL COVERAGES
Ref #     Description                                                        Coverage Code    Form No.          Edition Date
          Schedule rate adjustment                                               SRA
Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



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Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



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Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



Ref #     Description                                                        Coverage Code    Form No.          Edition Date


Limit 1                 Limit 2      Limit 3       Deductible Amount   Deductible Type        Premium



OFADTLCV                                                                                     Copyright 2001, AMS Services, Inc.
                                                                                                    8-1889 07 14

               THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

                           GENERAL LIABILITY PLUS ENDORSEMENT

This endorsement modifies insurance provided under the following:
     COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement amends the policy by adding the following; please read each section carefully.

     EMPLOYEE BENEFITS LIABILITY COVERAGE
     ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - AUTOMATIC STATUS
     ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES - AUTOMATIC STATUS
     ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS
     ADDITIONAL INSURED - VENDORS - AUTOMATIC STATUS
     INCLUDE DIRECTORS OR TRUSTEES ON COMMITTEES AS EMPLOYEES
     WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US
     NEWLY FORMED OR ACQUIRED ORGANIZATIONS
     NOTICE OF OCCURRENCE, KNOWLEDGE OF OCCURRENCE, UNINTENTIONAL OMISSION
     VOLUNTARY PROPERTY DAMAGE
     NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY
     FIRE, SPRINKLER LEAKAGE OR EXPLOSION
     POLLUTION COVERAGE FOR UPSET OF MOBILE EQUIPMENT
     AGGREGATE LIMITS OF INSURANCE AMENDMENT
     SUPPLEMENTARY PAYMENTS - HIGHER LIMITS
     REASONABLE FORCE EXPANSION - PROPERTY DAMAGE
     LOST KEY COVERAGE
     PERSONAL AND ADVERTISING INJURY DEFINITION AMENDED

These modifications are subject to the terms and conditions applicable to coverage in the policy except as
provided below.

A.   Employee Benefits Liability Coverage
     The following is added to Section I - Coverages: EMPLOYEE BENEFITS LIABILITY COVERAGE.
          1.   Insuring Agreement.
               a.   We will pay those sums that the insured becomes legally obligated to pay as damages
                    because of any act, error or omission of the insured, or of any other person for whose acts
                    the insured is legally liable, to which this insurance applies. We will have the right and duty
                    to defend the insured against any “suit” seeking those damages. However, we will have no
                    duty to defend the insured against any “suit” seeking damages to which this insurance does
                    not apply. We may, at our discretion, investigate any report of an act, error or omission and
                    settle any “claim” or “suit” that may result. But:
                    1)   The amount we will pay for damages is limited as described in SECTION III LIMITS
                         OF INSURANCE for Employee Benefits Liability Coverage and
                    2)   Our right and duty to defend end when we have used up the applicable limit of
                         insurance in the payment of judgments or settlements.
                    No other obligation or liability to pay sums or perform acts or services is covered unless
                    explicitly provided for under Supplementary Payments.
               b.   This insurance applies to damages only if:
                    1)   The act, error or omission is negligently committed in the “administration” of your
                         “employee benefit program”;
                    2)   The act, error or omission is caused by an “occurrence” that takes place in the


8-1889 07 14                                                                                        Page 1 of 12
                          “coverage territory”; and
                      3) The act, error or omission occurs during the policy period.
         2.    Exclusions
               This insurance does not apply to:
               a.   Dishonesty, Fraud Or Criminal Act
                    Damages arising out of any dishonest, fraudulent, criminal or malicious act or omission,
                    committed by any insured, including the willful or reckless violation of any statute.
               b.   Bodily Injury, Property Damage, Or Personal And Advertising Injury
                    “Bodily injury,” “property damage” or “personal and advertising injury.”
               c.   Failure To Perform A Contract
                    Damages arising out of failure of performance of contract by any insurer.
               d.   Insufficiency Of Funds
                    Damages arising out of an insufficiency of funds to meet any obligations under any plan
                    included in the “employee benefit program.”
               e.   Inadequacy Of Performance Of Investment/Advice Given To Participate
                    Any “claim” or “suit” based upon:
                    1)   Failure of any investment to perform;
                    2)   Errors in providing information on past performance of investment vehicles; or
                    3) Advice given to any person to participate or not to participate in any plan included in the
                       “employee benefit program.”
               f.   Workers Compensation And Similar Laws
                    Damages arising out of any “claim” related to any workers compensation, unemployment
                    compensation insurance, social security or disability benefits law or any similar law.
               g.   ERISA
                    Damages for which the insured is liable because of liability imposed on a fiduciary by the
                    Employee Retirement Income Security Act of 1974, as now or hereafter amended, or any
                    similar federal, state or local laws.
               h.   Available Benefits
                    Any “claim” for benefits to the extent that such benefits are available, with reasonable effort
                    and cooperation of the insured, from the applicable funds accrued or other collectible
                    insurance.
               i.   Taxes, Fines Or Penalties
                    1)   Taxes, fines or penalties, including those imposed under the Internal Revenue Code or
                         any similar state or local law; or
                    2)   Loss or damages arising out of the imposition of such taxes, fines or penalties.
               j.   Employment-Related Practices
                    Damages arising out of wrongful termination of employment, discrimination, or other
                    employment-related practices.
         3.    Supplementary Payments - Coverages A and B
               For the purposes of the coverage provided by Employee Benefits Liability Coverage, the
               Supplementary Payments - Coverages A and B apply except for Paragraphs 1.b. and 2.
     SECTION II - WHO IS AN INSURED, Paragraphs 2. and 3. are replaced by the following for Employee
     Benefits Liability Coverage:
         2.    Each of the following is also an insured:
               a.   Each of your “employees” who is or was authorized to administer your “employee benefit
                    program.”
               b.   Any persons, organizations or “employees” having proper temporary authorization to
                    administer your “employee benefit program” if you die, but only until your legal
                    representative is appointed.

8-1889 07 14                                                                                        Page 2 of 12
               c.   Your legal representative if you die, but only with respect to duties as such. That
                    representative will have all your rights and duties under this Endorsement.
          3.   Any organization you newly acquire or form, other than a partnership, joint venture or limited
               liability company, and over which you maintain ownership or majority interest, will qualify as a
               Named Insured if there is no other similar insurance available to that organization. However:
               a.   Coverage under this provision is afforded only until the 180th day after you acquire or form
                    the organization or the end of the policy period, whichever is earlier.
               b.   Coverage under this provision does not apply to any act, error or omission that occurred
                    before you acquired or formed the organization.
     SECTION III - LIMITS OF INSURANCE is replaced by the following for the Employee Benefits Liability
     Coverage:
                    1)   The Limits of Insurance shown below and the rules below fix the most we will pay
                         regardless of the number of:
                         a)   Insureds;
                         b)   “Claims” made or “suits” brought;
                         c)   Persons or organizations making “claims” or bringing “suits”;
                         d)   Acts, error or omissions which result in loss; or
                         e)   Benefits included in your “employee benefit program.”
                    2)   $2,000,000 is the most we will pay for all damages because of acts, errors or
                         omissions committed in the “administration” of your “employee benefit program.”
                    3)   Subject to the above Limit, $1,000,000 is the most we will pay for all damages
                         sustained by any one “employee,” including damages sustained by such “employee’s”
                         dependents and beneficiaries, as a result of:
                         a)   An act, error or omission; or
                         b)   A series of acts, errors or omissions
                         negligently committed in the “administration” of your “employee benefit program.”

                         However, the amount paid under this endorsement shall not exceed, and will be
                         subject to, the limits and restrictions that apply to the payment of benefits in any plan
                         included in the “employee benefit program.”
               The Limits of Insurance of this endorsement apply separately to each consecutive annual period
               and to any remaining period of less than 12 months, starting with the beginning of the policy
               period shown in the Declarations of the policy to which this endorsement is attached, unless the
               policy period is extended after issuance for an additional period of less than 12 months. In that
               case, the additional period will be deemed part of the last preceding period for purposes of
               determining the Limits Of Insurance.
         4.    Deductible
               a.   Our obligation to pay damages on behalf of the insured applies only to the amount of
                    damages in excess of $1,000. The limits of insurance shall not be reduced by the amount of
                    this deductible.
               b.   The deductible amount applies to all damages sustained by any one “employee,” including
                    such “employee’s” dependents and beneficiaries, because of all acts, errors or omissions to
                    which this insurance applies.
               c.   The terms of this insurance, including those with respect to:
                    1)   Our right and duty to defend any “suits” seeking those damages; and
                    2)   Your duties, and the duties of any other involved insured, in the event of an act, error
                         or omission, “claim” or “suit”
                    apply irrespective of the application of the deductible amount.
               d.   We may pay any part or all of the deductible amount to effect settlement of any “claim” or

8-1889 07 14                                                                                        Page 3 of 12
                    “suit” and, upon notification of the action taken, you shall promptly reimburse us for such
                    part of the deductible amount as we have paid.
     SECTION IV - CONDITIONS, Paragraphs 2. and 4. are replaced by the following for the Employee Benefits
     Liability Coverage:
         2.    Duties In The Event Of An Act, Error Or Omission, “Claim” Or “Suit”
               a.   You must see to it that we are notified as soon as practicable of an act, error or omission
                    which may result in a “claim.” To the extent possible, notice should include:
                    1)   What the act, error or omission was and when it occurred; and
                    2)   The names and addresses of anyone who may suffer damages as a result of the act,
                         error or omission.
               b.   If a “claim” is made or “suit” is brought against any insured, you must:
                    1)   Immediately record the specifics of the “claims” or “suit” and the date received; and
                    2)   Notify us as soon as practicable.
                    You must see to it that we receive written notice of the “claim” or “suit” as soon as
                    practicable.
               c.   You and any other involved insured must:
                    1)   Immediately send us copies of any demands, notices, summonses or legal papers
                         received in connection with the “claim” or “suit”;
                    2)   Authorize us to obtain records and other information;
                    3)   Cooperate with us in the investigation or settlement of the “claim” or defense against
                         the “suit”; and
                    4)   Assist us, upon our request, in the enforcement of any right against any person or
                         organization which may be liable to the insured because of an act, error or omission to
                         which this insurance may also apply.
               d.   No insured will, except at the insured’s own cost, voluntarily make a payment, assume any
                    obligation or incur any expense without our consent.
         4.    Other Insurance
               If other valid and collectible insurance is available to the insured for a loss we cover under this
               endorsement, our obligations are limited as follows:
               a.   Primary Insurance
                    This insurance is primary except when b. below applies. If this insurance is primary, our
                    obligations are not affected unless any of the other insurance is also primary. Then, we will
                    share with all that other insurance by the method described in c. below.
               b.   Excess Insurance
                    Any other primary insurance available to you covering acts, errors or omissions for which
                    you have been added as an additional insured.

                    When this insurance is excess, we will have no duty to defend the insured against any “suit”
                    if any other insurer has a duty to defend the insured against that “suit.” If no other insurer
                    defends, we may undertake to do so, but we will be entitled to the insured’s rights against
                    all those other insurers.
                    When this insurance is excess over other insurance, we will pay only our share of the
                    amount of the loss, if any, that exceeds the sum of:
                    1)   The total amount that all such other insurance would pay for the loss in absence of this
                         insurance; and
                    2)   The total of all deductible and self-insured amounts under all that other insurance.
                    We will share the remaining loss, if any, with any other insurance that is not described in
                    this Excess Insurance provision and was not bought specifically to apply in excess of the
                    Limits of Insurance shown.
               c.   Method Of Sharing

8-1889 07 14                                                                                          Page 4 of 12
                    If all of the other insurance permits contribution by equal shares, we will follow this method
                    also. Under this approach each insurer contributes equal amounts until it has paid its
                    applicable limit of insurance or none of the loss remains, whichever comes first.

                    If any of the other insurance does not permit contribution by equal shares, we will contribute
                    by limits. Under this method, each insurer’s share is based on the ratio of its applicable
                    limits of insurance of all insurers.
     SECTION V - DEFINITIONS is amended by adding the following definitions for Employee Benefits Liability
     Coverage:
          1.   “Administration” means:
               a.   Providing information to “employees,” including their dependents and beneficiaries, with
                    respect to eligibility for or scope of “employee benefit programs”;
               b.   Handling records in connection with the “employee benefit program”; or
               c.   Effecting, continuing or terminating any “employee’s” participation in any benefit included in
               the “employee benefit program.”
               However, “administration” does not include handling payroll deductions.
          2.   “Cafeteria plans” means plans authorized by the applicable law to allow employees to elect to
               pay for certain benefits with pre-tax dollars.
          3.   “Claim” means any demand, or “suit,” made by an “employee” or an “employee’s” dependents
               and beneficiaries, for damages as the result of an act, error or omission.
          4.   “Employee benefit program” means a program providing some or all of the following benefits to
               “employees,” whether provided through a “cafeteria plan” or otherwise.
               a.   Group life insurance; group accident or health insurance; dental, vision and hearing plans;
                    and flexible spending accounts; provided that no one other than an “employee” may
                    subscribe to such benefits and such benefits are made generally available to those
                    “employees” who satisfy the plan’s eligibility requirements;
               b.   Profit sharing plans, employee savings plans, employee stock ownership plans, pension
                    plans and stock subscription plans, provided that no one other than an “employee” may
                    subscribe to such benefits and such benefits are made generally available to all
                    “employees” who are eligible for such benefits;
               c.   Unemployment insurance, social security benefits, workers compensation and disability
                    benefits;
               d.   Vacation plans, including buy and sell programs; leave of absence programs, including
                    military, maternity, family, and civil leave; tuition assistance plans; transportation and health
                    club subsidies.
     SECTION V - DEFINITIONS - the definition of “employee” and “suit” is replaced for Employee Benefits
     Liability Coverage by the following:
               “Employee” means a person actively employed, formerly employed, on leave of absence or
               disabled, or retired. “Employee” includes a “leased worker.” “Employee” does not include a
               “temporary worker.”
               “Suit” means a civil proceeding in which damages because of an act, error or omission to which
               this insurance applies are alleged. “Suit” includes:
               a.   An arbitration proceeding in which such damages are claimed and to which the insured
                    must submit or does submit with our consent; or
               b.   Any other alternative dispute resolution proceeding in which such damages are claimed and
                    to which the insured submits with our consent.
B.   Additional Insured - Owners, Lessees, or Contractors - Automatic Status (not applicable to
     Employee Benefits Liability Coverage)
     1.   Section II - Who Is An Insured is amended to include as an additional insured any person or


8-1889 07 14                                                                                          Page 5 of 12
          organization for whom you are performing operations when you and such person or organization have
          agreed in writing in a contract or agreement that such person or organization be added as an
          additional insured on your policy and any other person or organization you are required to add as an
          additional insured under the contract or agreement. Such person or organization is an additional
          insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising
          injury” caused, in whole or in part, by:
          a.   Your acts or omissions; or
          b.   The acts or omissions of those acting on your behalf;
               in the performance of your ongoing operations for the additional insured.
               Except as provided for in the exception to 2.b. below, a person’s or organization’s status as an
               additional insured under this endorsement ends when your operations for that additional insured
               are completed.
          However, the insurance afforded to such additional insured described above:
          a.   only applies to the extent permitted by law; and
          b.   will not be broader than that which you are required by the contract or agreement to provide for
               such additional insured.
     2.   With respect to the insurance afforded to these additional insureds, the following additional exclusions
          apply:
          This insurance does not apply to:
          a.   “Bodily injury,” “property damage” or “personal and advertising injury” arising out of the rendering
               of, or the failure to render, any professional architectural, engineering or surveying services,
               including:
                1)   The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
                     reports, surveys, field orders, change orders or drawings and specifications; or
               2)    Supervisory, inspection, architectural or engineering activities.
               This exclusion applies even if the claims against any insured allege negligence or other
               wrongdoing in the supervision, hiring, employment, training or monitoring of others by that
               insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense
               which caused the “personal and advertising injury”, involved the rendering of, or failure to render,
               any professional architectural, engineering or surveying services.

          b.   “Bodily injury” or “property damage” occurring after:
                1)   All work, including materials, parts or equipment furnished in connection with such work, on
                     the project (other than service, maintenance or repairs) to be performed by or on behalf of
                     the additional insured(s) at the location of the covered operations has been completed; or
                2)   That portion of “your work” out of which the injury or damage arises has been put to its
                     intended use by any person or organization other than another contractor or subcontractor
                     engaged in performing operations for a principal as a part of the same project.
          However, exclusion b. does not apply when in conflict with the requirements of a written contract or
          agreement.
     3.   The most we will pay on behalf of the additional insured is the amount of insurance required by the
          contract or agreement you have entered into with the additional insured or the amount of insurance
          available under the applicable Limits of Insurance shown in the Declarations or Change Endorsement,
          whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of
          Insurance shown in the Declarations or Change Endorsement.
C.   Additional Insured - Managers or Lessors of Premises - Automatic Status (not applicable to
     Employee Benefits Liability Coverage)
     1.   Section II - Who Is An Insured is amended to include as an insured any person or organization when
          you and such person or organization have agreed in writing in a contract or agreement that such


8-1889 07 14                                                                                         Page 6 of 12
          person or organization be added as an additional insured on your policy, but only with respect to
          liability arising out of the ownership, maintenance or use of that part of the premises leased to you
          and subject to the following additional exclusions:
          This insurance does not apply to:
          a.   Any “occurrence” which takes place after you cease to be a tenant in that premises.
          b.   Structural alterations, new construction or demolition operations performed by or on behalf of the
               additional insured.
          However, the insurance afforded to such additional insured described above:
          a.   only applies to the extent permitted by law; and
          b.   will not be broader than that which you are required by the contract or agreement to provide for
               such additional insured.
     2.   The most we will pay on behalf of the additional insured is the amount of insurance required by the
          contract or agreement you have entered into with the additional insured or the amount of insurance
          available under the applicable Limits of Insurance shown in the Declarations or Change Endorsement,
          whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of
          Insurance shown in the Declarations or Change Endorsement.
D.   Additional Insured - Lessor of Leased Equipment - Automatic Status (not applicable to
     Employee Benefits Liability Coverage)
     1.   Section II - Who Is An Insured is amended to include as an additional insured any person or
          organization from whom you lease equipment when you and such person or organization have agreed
          in writing in a contract or agreement that such person or organization be added as an additional
          insured on your policy. Such person or organization is an insured only with respect to liability for
          “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by
          your maintenance, operation or use of equipment leased to you by such person or organization.
          However, the insurance afforded to such additional insured described above:
          a.   only applies to the extent permitted by law; and
          b.   will not be broader than that which you are required by the contract or agreement to provide for
               such additional insured.
          A person’s or organization’s status as an additional insured under this endorsement ends when their
          contract or agreement with you for such leased equipment ends.
     2.   With respect to the insurance afforded to these additional insureds, this insurance does not apply to
          any “occurrence” which takes place after the equipment lease expires.
     3.   The most we will pay on behalf of the additional insured is the amount of insurance required by the
          contract or agreement you have entered into with the additional insured or the amount of insurance
          available under the applicable Limits of Insurance shown in the Declarations or Change Endorsement,
          whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of
          Insurance shown in the Declarations or Change Endorsement.
E.   Additional Insured - Vendors - Automatic Status (not applicable to Employee Benefits
     Liability Coverage)
     1. Section II - Who Is An Insured is amended to include as an insured any person or organization
         (referred to below as vendor) when you and such person or organization have agreed in writing in a
         contract or agreement that such person or organization be added as an additional insured on your
         policy, but only with respect to “bodily injury” or “property damage” arising out of “your products”
         shown in the Schedule, Declarations or Change Endorsement which are distributed or sold in the
         regular course of the vendor’s business.
          However, the insurance afforded to such additional insured described above:
          a.   only applies to the extent permitted by law; and
          b.   will not be broader than that which you are required by the contract or agreement to provide for
               such additional insured.
     2.   With respect to the insurance afforded to these vendors, the following additional exclusions apply:

8-1889 07 14                                                                                        Page 7 of 12
          a.   “Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason
               of the assumption of liability in a contract or agreement. This exclusion does not apply to liability
               for damages that the vendor would have in the absence of the contract or agreement;
          b.   An express warranty unauthorized by you;
          c.   Any physical or chemical change in the product made intentionally by the vendor;
          d.   Repackaging, except when unpacked solely for the purpose of inspection, demonstration,
               testing, or the substitution of parts under instructions from the manufacturer, and then
               repackaged in the original container;
          e.   Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed
               to make or normally undertakes to make in the usual course of business, in connection with the
               distribution or sale of the products;
          f.   Demonstration, installation, servicing or repair operations, except such operations performed at
               the vendor’s premises in connection with the sale of the product;
          g.   Products which, after distribution or sale by you, have been labeled or relabeled or used as a
               container, part or ingredient of any other thing or substance by or for the vendor; or
          h.   “Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own
               acts or omissions or those of its employees or anyone else acting on its behalf. However, this
               exclusion does not apply to:
               1)   The exceptions contained in Sub-paragraphs d. or f.; or
               2)   Such inspections, adjustments, tests or servicing as the vendor has agreed to make or
                    normally undertakes to make in the usual course of business, in connection with the
                    distribution or sale of the products.
     3.   This insurance does not apply to any insured person or organization, from whom you have acquired
          such products, or any ingredient, part or container, entering into, accompanying or containing such
          products.
     4.   The most we will pay on behalf of the vendor is the amount of insurance required by the contract or
          agreement you have entered into with the additional insured or the amount of insurance available
          under the applicable Limits of Insurance shown in the Declarations or Change Endorsement,
          whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of
          Insurance shown in the Declarations or Change Endorsement.
F.   Include Directors Or Trustees On Committees As Employees (not applicable to Employee
     Benefits Liability Coverage)
     SECTION V - DEFINITIONS is amended by the addition of the following to definition 5.:

     “Employee” also includes any of your directors or trustees acting as a member of any of your elected or
     appointed committees to perform on your behalf specific, as distinguished from general, directorial acts.
G.   Waiver Of Transfer Of Rights Of Recovery Against Others To Us

     The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, SECTION IV CONDITION 8.,
     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.
H.   Newly Formed Or Acquired Organizations (not applicable to Employee Benefits Liability Coverage)
     SECTION II - WHO IS AN INSURED is amended to include any organization you newly acquire or form,
     other than a partnership or joint venture, and over which you maintain ownership or majority interest, will
     qualify as a Named Insured if there is no other similar insurance available to that organization. However:


8-1889 07 14                                                                                        Page 8 of 12
     1.   Coverage under this provision is afforded only until 180 days after you acquire or form the
          organization or the end of the policy period, whichever is earlier.
     2.   Coverage A does not apply to “bodily injury” or “property damage” that occurred before you acquired
          or formed the organization; and
     3.   Coverage B does not apply to “personal injury and advertising injury” arising out of an offense
          committed before you acquired or formed the organization.
I.   Notice Of Occurrence, Knowledge Of Occurrence, Unintentional Omission
     The following is added to SECTION IV.2. - DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,
     CLAIM OR SUIT:
          e.   Notice of Accident/Occurrence
               When you report to your Workers Compensation carrier the occurrence of any accident which
               later develops into a liability claim covered under this policy, failure to report the accident to us at
               the time of occurrence is not in violation of the Conditions of this policy. However, as soon as you
               are definitely made aware of the fact that the particular accident is a liability claim rather than a
               Workers Compensation claim prompt notification must be given to us.
          f.   Unintentional Errors and Omissions
               The insurance afforded by this policy is not invalidated by any unintentional errors, omissions or
               improper description of premises or your unintentional failure to disclose all hazards existing at
               inception date of the policy.
          g.   Knowledge of Accident/Occurrence
               Knowledge of an accident/occurrence by your agent, servant or employee is not knowledge by
               you unless an executive officer of your Corporation received such notice from its agent, servant
               or employee.
J.   Voluntary Property Damage
     1.   We will pay, at your request, for loss due to “Property Damage” to property of others caused by you,
          or while in your possession, arising out of your business operations.
     2.   “Loss” means unintentional damage or destruction but does not include disappearance, theft, or loss
          of use.
     3.   Limits of Insurance - The most we will pay for “loss” under the Voluntary Property Damage is $2,500
          for each “occurrence.” The most we will pay for the sum of all damages because of “Property
          Damage” is an annual policy aggregate limit of $25,000.
     4.   Deductible - We will not pay for “loss” in any one “occurrence” until the amount of “loss” exceeds $250.

          We may pay any part or all of the deductible amount to effect settlement of any “claim” or “suit” and,
          upon notification of the action taken, you shall promptly reimburse us for such part of the deductible
          amount as we have paid.
     5.   The insurance under the Voluntary Property Damage shall not apply:
          a.   To “loss” of property at premises owned, rented, leased, operated, or used by you;
          b.   To “loss” of property while in transit;
          c.   To “loss” of property owned by, rented to, leased to, borrowed by or used by you;
          d.   To the cost of repairing or replacing (1) any work defectively or incorrectly done, (2) any product
               manufactured, sold or supplied by you, unless the “Property Damage” is caused directly by you
               after delivery of the product or completion of the work and resulting from a subsequent
               undertaking;
          e.   To “loss” of property included within the “Products/Completed Operations Hazard”;
          f.   To “loss” of property which is an “auto” or “mobile equipment.”
          g.   To “loss” of property caused by “pollutants.”
     6.   In the event of “loss” covered by this endorsement, you shall, if requested by us, replace the property
          or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or
          overhead charges.

8-1889 07 14                                                                                           Page 9 of 12
K.   Non-Owned Watercraft And Non-Owned Aircraft Liability
     SECTION I - COVERAGE A, exclusion 2.g. is replaced by the following:
          g.   “Bodily injury” or “property damage” arising out of the ownership, maintenance, use or
               entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or
               loaned to any insured. Use includes operation and “loading or unloading.” This exclusion applies
               even if the claims against any insured allege negligence or other wrongdoing in the supervision,
               hiring, employment, training or monitoring of others by that insured, if the “occurrence” which
               caused the “bodily injury” or “property damage” involved the ownership, maintenance, use or
               entrustment to others of any aircraft, “auto” or watercraft that is owned or operated by or rented
               or loaned to any insured.
               This exclusion does not apply to:
               1)     A watercraft while ashore on premises you own or rent;
               2)     A watercraft you do not own that is:
                      a)   Less than 60 feet long; and
                      b)   Not being used to carry persons or property for a charge;
               3)     Parking an “auto” on, or on the ways next to, premises you own or rent, provided the “auto”
                      is not owned by or rented or loaned to you or the insured;
               4)     Liability assumed under any “insured contract” for the ownership, maintenance or use of
                      aircraft or watercraft; or
               5)     “Bodily injury” or “property damage” arising out of:
                      a)   The operation of machinery or equipment that is attached to, or part of, a land vehicle
                           that would qualify under the definition of “mobile equipment” if it were not subject to a
                           compulsory or financial responsibility law or other motor vehicle insurance law where it
                           is licensed or principally garaged; or
                      b)   The operation of any of the machinery or equipment listed in paragraph f.2) or f.3) of
                           the definition of “mobile equipment.”
               6)     An aircraft you do not own provided it is not operated by any insured.
L.   Fire, Sprinkler Leakage Or Explosion
     1. SECTION I - GENERAL LIABILITY COVERAGES is amended as follows:
          a. The last paragraph of 2. Exclusions under A. Bodily Injury and Property Damage Liability is
               replaced by the following:
               Exclusions c. through q. do not apply to damage by fire, sprinkler leakage or explosion to
               premises while rented to you or temporarily occupied by you with permission of the owner.
               A separate limit of insurance applies to this coverage as described in Section III - Limits of
               Insurance.
               But the Limit for Damage to Premises Rented To You shown in the Declaration will apply to all
               damage proximately caused by the same event, whether such damage results from fire, sprinkler
               leakage or explosion or any combination of the three.
          b.   Section III - Limits of Insurance is amended to replace paragraph 6. with the following:
               6. Subject to Paragraph 5. above, the Damage To Premises Rented to You Limit is the most we
                    will pay under Paragraph A. Bodily Injury And Property Damage Liability for damages
                    because of "property damage" to any one premises, while rented to you, or in the case of
                    damage by fire, sprinkler leakage, or explosion, while rented to you or temporarily occupied
                 by you with permission of the owner.
               But the Limit of Insurance shown in the Declaration will apply to all damage proximately caused
               by the same event whether such damage results from fire, sprinkler leakage or explosion or any
               combination of the three.
     2.   The Damage to Premises Rented To You Limit is $300,000 unless a higher limit is shown on the
          declaration or change endorsement.


8-1889 07 14                                                                                        Page 10 of 12
      3.   Paragraph 4.b. of the Other Insurance is amended as follows:
           The term "Fire" in Paragraph B. (1)(a)(i) is replaced by "Fire, Sprinkler Leakage, or Explosion"
      4.   Section 9.a. under SECTION V - DEFINITIONS is amended as follows:
           The term "fire" is replaced by "fire, sprinkler leakage, or explosion"
M.    Pollution Coverage For Upset Of Mobile Equipment
      The Insuring Agreement for “property damage” liability with respect to your operations is extended as
      follows:
      1.   We will pay those sums which you become legally obligated to pay for “property damage” cause
           directly by immediate, abrupt and accidental upset, overturn or collision of your “mobile equipment”
           while transporting “pollutants” which are intended for and normally used in your operations. The
           operations must be in compliance with local, state, and federal ordinances and laws.
      2.   EXCLUSIONS
           a.   With regard only to the coverage provided by this extension K., SECTION I - COVERAGES,
                COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, f. is
                deleted and replaced by the following for this extension only:
                f.   Pollution
                     Any loss, cost or expense arising out of any:
                     1)    Request, demand, order or statutory or regulatory requirement that any insured or
                           others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in
                           any way respond to, or assess the effects of, “pollutants”; or
                     2)    Claim or suit by or on behalf of a governmental authority for damages because of
                           testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or
                           neutralizing, or in any way responding to, or assessing the effects of “pollutants.”
                     3)    Premises, site or location which is or was at any time owned, rented or loaned to any
                           insured.
N.    Aggregate Limits Of Insurance (not applicable to Employee Benefits Liability Coverage)
      The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE, Paragraph 2. applies
      separately to each of your “location(s)” owned by or rented to you or “project(s)” away from “location(s)”
      owned by or rented to you.

      “Location” and/or “project” means premises involving the same or connecting lots, or premises whose
      connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

O.    Supplementary Payments - Higher Limits
      Under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B:
          Paragraph 1.b. is replaced by the following:
          Up to $2000 for cost of bail bonds required because of accidents or traffic law violations arising out of
          the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish
          these bonds.
           Paragraph 1.d. is replaced by the following:

           All reasonable expenses incurred by the insured at our request to assist us in the investigation or
           defense of the claim or “suit,” including actual loss of earnings up to $400 a day because of time off
           from work.

 P.   Reasonable Force Expansion - Property Damage
      Exclusion 2.a. of Coverage A is replaced with the following:

      a.   Expected Or Intended Injury

           “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This


8-1889 07 14                                                                                        Page 11 of 12
          exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable
          force to protect persons or property.

Q.   Lost Key Coverage
     1.   SECTION I - COVERAGES
          COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
          Exclusion 2.j.4) Personal property in the care, custody or control of the insured is amended to add:
          However, coverage for property of others in the care, custody or control of the insured is provided for
          the loss of keys which are in the possession of the insured or his “employees” subject to the following
          additional provisions:
          a.   The insurance afforded with respect to Lost Key Coverage shall not apply to “property damage”
               caused by misappropriation, secretion, conversion, infidelity or any dishonest act on the part of
               any insured or his employees or agents;
          b.   Our liability for all damages because of “property damage” to which this coverage applies shall
               be limited to the actual cost of keys, adjustment of locks to accept new keys or, if required, new
               locks including cost of their installation. Subject to such limitation, our total liability for all
               damages as the result of any one occurrence shall not exceed $25,000. Each claim is subject to
               a $250 deductible.
     2.   SECTION II - WHO IS AN INSURED
          The following is added to item 2.a.2)b):
          However, coverage is provided for the loss of keys which are in the possession of the
          insured or his“employees,” subject to the following additional provisions:
          a.   The insurance afforded with respect to Lost Key Coverage shall not apply to “property damage”
               caused by misappropriation, secretion, conversion, infidelity or any dishonest act on the part of
               any insured or his ¿employees¿ or agents;
          b.   Our liability for all damages because of “property damage” to which this coverage applies shall
               be limited to the actual cost of keys, adjustment of locks to accept new keys or, if required, new
               locks including cost of their installation. Subject to such limitation, our total liability for all
               damages as the result of any one occurrence shall not exceed $25,000. Each claim is subject to
               a $250 deductible.

R.   Personal and Advertising Injury Definition
     Under SECTION V – DEFINITIONS, 14.c. is replaced with the following:
     The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room,
     dwelling or premises that a person or organization occupies, committed by or on behalf of its owner,
     landlord or lessor.

S.   The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.
     OTHER INSURANCE:
     When this General Liability Plus endorsement provides coverage and such coverage is also provided by
     any other provision of this policy:
     a.   There shall be no duplication of the Limits of Insurance.
     b.   Any loss payment made under such other provisions shall reduce by such loss payments the Limits
          of Insurance available under the General Liability Plus endorsement.

T.   SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by adding:
          LIBERALIZATION
          If we adopt a change in our Comprehensive General Liability Coverage forms or rules that would
          broaden the coverage without extra charge, the broader coverage will apply to this Coverage Form. It
          will apply when the change becomes effective in your state.

8-1889 07 14                                                                                       Page 12 of 12
                                                                                                    3-2546 11 20

               THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

                              BAP PLUS COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the:

  BUSINESS AUTO COVERAGE FORM

These coverages are subject to the terms and conditions applicable to coverage in this policy except as provided
below.
A. Hired Auto Physical Damage Coverage
    1. If hired “autos” are covered “autos” for Liability Coverage in this policy or another policy provided by us
       and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this coverage
       form for any “auto” you own, then the Physical Damage Coverages provided are extended to “autos” you
       hire, subject to the following limit.
       The most we will pay for “loss” to any hired “auto” is $75,000 or Actual Cash Value or Cost of Repair,
       whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible
       applicable to any owned “auto” for that coverage. No deductible applies to “loss” caused by fire or
       lightning. Subject to the above limit, and deductible, we will provide coverage equal to the broadest
       coverage applicable to any covered “auto” you own.
    2. Changes In Liability Coverage:
       The following is added to the Who Is An Insured Provision:
       An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or
       agreement in that “employee’s” name, with your permission, while performing duties related to the conduct
       of your business.
    3. Changes In General Conditions:
       Paragraph 5.b. of the Other Insurance Condition in the Business Auto and Business Auto Physical
       Damage Coverage Forms are 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.”
B. Hired Auto Physical Damage - Additional Loss of Use Expenses
    Paragraph A.4.b. of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $85
    per day and a maximum limit of $1,350.
C. Physical Damage - Additional Transportation Expense Coverage
    Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50
    per day and a maximum limit of $1,000.
D. Towing and Labor Costs Coverage
    We will pay up to $200 for towing and labor costs incurred each time an owned “auto” is disabled. However,
    the labor must be performed at the place of disablement.
E. Parked Auto Collision Coverage (Waiver of Deductible) The deductible does not apply to “loss” caused
   by collision to such covered “auto” while it is:
    1. In the charge of an “insured”;
    2. Legally parked; and
    3. Unoccupied.

3-2546 11 20                                                                                        Page 1 of 4
     The total amount of the damage to the covered “auto” must exceed the deductible shown in the
     Declarations or Change Endorsement.
     This provision does not apply to any “loss” if the covered “auto” is in the charge of any person or
     organization engaged in the automobile business.
F. Rental Reimbursement Coverage
     When there is a “loss” to a covered “auto,” we will pay for rental reimbursement expenses incurred by you for
     the rental of an “auto.” Payment applies in addition to the otherwise applicable amount of each coverage you
     have on a covered “auto.” No deductibles apply to this coverage.
     This coverage applies only:
     1. For those expenses incurred during the policy period beginning 24 hours after the loss;
     2. To necessary and actual expenses incurred;
     3. To a “loss” for which we also pay a “loss” under Physical Damage Coverage - Comprehensive Coverage,
         Specified Causes of Loss Coverage or Collision Coverage; and
     4. If there are no spare or reserve “autos” available to you for your operations.
   Our payment will be limited to that period of time reasonably required to repair or replace the covered “auto.”
   We will pay up to $75 per day to a maximum of $1,500. If “loss” results from total theft of a covered “auto”
   we will pay under this coverage only that amount of rental reimbursement expenses which are not already
   provided under the Physical Damage Coverage Extension.
G. Difference in Value Coverage - Loan/Lease Gap
     1. PHYSICAL DAMAGE COVERAGE, is amended by the addition of the following:
         a. In the event of a total “loss” to a covered “auto”, we will pay any unpaid amount due on the lease or
            loan for a covered “auto”, less:
         1) The amount paid under the Policy's Physical Damage Coverage; and
          2) Any:
             i) Overdue or any deferred loan/lease payments at the time of "loss";
              ii) Financial penalties imposed under the lease for excessive use, abnormal wear and
                  tear or high mileage;
             iii)   Security deposits not returned by the lessor;
            iv)     Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
                    Insurance purchased with the loan or lease; and
             v)     Carry-over balances from previous loans or leases.

     For the purposes of this endorsement, the following is added to the Other Insurance Condition in the Business
     Auto Coverage Form:
     The insurance provided by this Auto Loan/Lease GAP Coverage is excess over any other collectible insurance
     including but not limited to any coverage provided by or purchased from the lessor or any financial institution.
H. Glass Repair - Waiver of Deductible
     Under Paragraph D. - Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is
     added:
     No deductible applies to the cost of repairing or replacing damaged glass.
I.   Employees as Insureds Paragraph A.1 - Who is an Insured of SECTION II - COVERED AUTOS
     LIABILITY COVERAGE is amended to add:
     d. Any employee of yours while using a covered “auto” you don't own, hire or borrow in your business or
        your personal affairs. Coverage is excess over any other collectible insurance.




3-2546 11 20                                                                                               Page 2 of 4
J. Fellow Employee Coverage
   The Fellow Employee Exclusion contained in SECTION II - COVERED AUTOS LIABILITY COVERAGE
   does not apply.
K. Doubled Automobile Medical Payments Coverage
   If you have purchased Automobile Medical Payments Coverage, the limit of insurance for that coverage as
   shown in the Declarations or Change Endorsement will be doubled in the event an “insured” is injured in an
   “accident” while within an “auto” and is:
   1. Wearing a seat belt; or
   2. The “auto” is equipped with passive restraints.
L. Waiver Of Transfer Of Rights Of Recovery Against Others To Us
   The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US, SECTION IV CONDITION 5., is
   amended by the addition of the following:
   The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or
   organization(s) for whom you are required to waive subrogation with respect to the coverage provided under
   this Coverage Form, but only to the extent that subrogation is waived:
   1. Under a written contract or agreement with such person(s) or organization(s); and
   2. Prior to the “accident” or the “loss”.
M. Additional Insured - Automatic Status
   1. Any “leased auto” will be considered a covered “auto” you own and not a covered “auto” you hire or
      borrow.
   2. Paragraph A.1 - Who is an Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is
      amended to include as an insured any person or organization (called additional insured) whom you are
      required to add as an additional insured on this policy under:
      A written contract, permit or agreement, and
       a. Currently in effect or becoming effective during the term of this policy; and
       b. Executed prior to the “bodily injury,” “property damage,” “personal injury and advertising injury.”
   3. The insurance provided to the additional insured is limited as follows:
       a. The Limits of Insurance applicable to the additional insured are those specified in the written
          contract or agreement or in the Declarations for this policy, whichever is less. These Limits of
          Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations.
   4. Additional Definition
       As used in this endorsement:
       “Leased auto” means an “auto” leased or rented to you, including any substitute, replacement or extra
       “auto” needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to
       provide direct primary insurance for the lessor.
N. Loss Payee - Lessor
   1. We will pay, as interest may appear, you and the lessor for “loss” to a “leased auto.”
   2. The insurance covers the interest of the lessor unless the “loss” results from fraudulent acts or
       omission on your part.
   3. If we make any payment to the lessor, we will obtain his or her rights against any other party.
   4. Additional Definition
      As used in this endorsement:
      “Leased auto” means an “auto” leased or rented to you, including any substitute, replacement or extra
      “auto” needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to
       provide direct primary insurance for the lessor.


3-2546 11 20                                                                                          Page 3 of 4
O.   Tapes, Records and Discs Coverage SECTION III - PHYSICAL DAMAGE COVERAGE is amended as
     follows:
     1. The exclusion referring to tapes, records, discs or other similar audio, visual or data electronic devices
        designed for use with audio, visual or data electronic equipment does not apply.
     2. The following is added to Paragraph A. 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:
        a. Are your property or that of a family member, and
        b. Are in a covered “auto” at the time of “loss.”
     3. The most we will pay for “loss” is $250.
     4. No Physical Damage Coverage deductible applies to this coverage.
P.   Audio, Visual and Data Electronic Equipment Coverage
     SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
     1. The sublimit in Paragraph C.1.b. of the Limit Of Insurance provision is increased to $2,500.




3-2546 11 20                                                                                           Page 4 of 4
                                                                                                 CA0449 11 16



             THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.


          PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION


This endorsement modifies insurance provided under the following:

   AUTO DEALERS COVERAGE FORM
   BUSINESS AUTO COVERAGE FORM
   MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.


A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other
   Insurance – Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and
   supersedes any provision to the contrary:
   This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any
   other insurance available to an "insured" under your policy provided that:
   1. Such "insured" is a Named Insured under such other insurance; and
   2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not
      seek contribution from any other insurance available to such "insured".
B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes
   any provision to the contrary:
   This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and
   will not seek contribution from any other insurance available to an "insured" under your policy provided that:
   1. Such "insured" is a Named Insured under such other insurance; and
   2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not
      seek contribution from any other insurance available to such "insured".




CA0449 11 16                       Copyright, Insurance Services Office, Inc., 2016