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3. An “executive officer” or insurance manager, if
you are a corporation;

4, Your members, managers or _ insurance
manager, if you are a limited ilability company;
or

5. Your elected or appointed officials, officers,
members, trustees, board members, commis~-
sion members, agency members, ar your
administrator or your insurance manager if you
are an organization other than a partnership,
joint venture, or limited liability company.

Primary and Non-Contributery Provision

The following is added to Paragraph 4. Other Insur-
ance, b. Excess Insurance under SECTION IV-
COMMERCIAL GENERAL LIABILITY CONDITIONS:

This insurance is primary to and we will not seek
contribution from any other insurance available to
an additional insured under this policy provided
that:

(1) The additional insured is a Named Insured
under such other insurance; and

(2) You have agreed in a written contract, written
agreement or written permit that this insurance
would be primary and would not seek contri-
bution from any other insurance available to the
additional insured.

Unintentional Failure To Disclose Hazards

The following is added to Paragraph 6.
Representations under SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS:

However, if you should unintentionally fail to
disclose any existing hazards in your representa-
tions to us at the inception date of the policy, ar
during the policy period in connection with any
additional hazards, we shall not deny coverage
under this Coverage Part based upon such failure ta
disclose hazards.

Waiver Of Transfer Of Rights Of Recovery

The following is added to Paragraph 8. Transfer of
Rights Of Recovery Against Others To Us under
SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS:

We will waive any right of recovery we may have
against a person or organization because of pay-
ments we make for “bodily injury” or “property
damage” arising aut of your ongoing operations or
“your work" done under a written contract or written
agreement and included in the “products-completed
operations hazard”, if:

1. You have agreed to waive any right of recovery
against that person or organization in a written
contract or writlen agreement;

2, Such person or organization is an additional
insured on your policy; or

Copyright, 2018 Selective insurance Company of America. All rights reserved,
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

3. You have assumed the liability of that person or
organization in that same contract, and it is an
“insured contract”,

The section above only applies to that person or
organization identified above, and only if the “bodily
injury” or “property damage” occurs subsequent to
the execution of the written contract or written
agreement.

Liberalization

The following condition is added to SECTION IV-
COMMERCIAL GENERAL LIABILITY CONDITIONS:

lf we revise this Coverage Part to provide more
coverage without additional premium charge, sub-
ject to our filed company rules, your policy will
automatically provide the additional coverage as of
the day the revision is effective in your state.

Two or More Coverage Parts or Policies Issued By
Us

(This provision is not Applicable in the state of New
York or Wisconsin).

The following condition is added io SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS:

[t is our intention that the various coverage parts or
policies issued to you by us, or any company
affttiated with us, do not provide any duplication or
overlap of coverage. We have exercised diligence to
draft our coverage parts and policies to reflect this
intention. However, if the facts and circumstances
that will respond to any claim or “suit” give rise to
actual or claimed duplication or overlap of coverage
between the various coverage parts or policies
issued to you by us or any company affiliated with
us, the limit of insurance under all such coverage
parts ar policies combined shall not exceed the
highest applicabie limit under this coverage, or any
one of the other coverage forms or policies,

This condition does not apply to any Excess or
Umbrella policy issued by us specifically to apply as
excess insurance aver this coverage part or policy
to which this coverage part is attached.

SECTION V - DEFINITIONS
Discrimination
(This provision does not apply in New York).

A. The following is added to Definition 14. “Per-
sonal and advertising injury”:

“Personal and advertising injury” also means
“discrimination” that results in injury to the
feelings or reputation of a natural person, how-
ever only if such “discrimination” or humiliation
is:

4. Not done by or at the direction of:
a. The insured: or

CG 73 00 0119
Page 8 of 9

THCHDENnTS ony

DOMGGFS 2379445588

EAC TVA TET AE ELA

b. Anyone considered an insured under
SECTION li - WHO IS AN INSURED;

2. Not done intentionally to cause harm to
another person.

3. Not directly or indirectly related to the em-
ployment, prospective employment or termi-
nation of employment of any person or
persons by any insured.

4. Not arising cut of any “advertisement” by
the insured.

B. The following definition is added to SECTION V -
DEFINITIONS:

“Discrimination” means:

a. Any act or conduct that would be considered
discrimination under any applicable federal,
state, or local statute, ordinance or law;

b. Any act or conduct that results in disparate
treaiment of, or has disparate impact on, a
person, because of that person’s race,
religion, gender, sexual orientation, age,
disability or physical impairment; or

c Any act or conduct characterized or inter-
preted as discrimination by a person based
on that person’s race, religion, gender,
sexual orientation, age, disability or physi-
cal impairment.

lt dees not include acts or conduct character-
ized or interpreted as sexual intimidation or
sexual harassment, or intimidation or harass-
ment based on a person's gender.

Electronic Data

The following definition is added to SECTION V-
DEFINITIONS:

“Electronic data" means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software, including
systems and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cell, data pro-
cessing devices or any other media which are used
with electronically controlled equipment. For the
purpose af the Electronic Data Liability coverage
provided by this endorsement, Definition 17. “Prop-
erty damage” is deleted in tts entirety and replaced
by the following:
17. “Property damage” means:
a. Physical injury to tangible property, includ-
ing all resuiting loss of use of that property.
AH such loss of use shall be deemed to
occur at the time of the physical injury that
caused it; or

Copyright, 2018 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

b. Loss of, loss of use of, damage to,
corruption of, inability to access, or inability
to properly manipulate “electronic data", re-
suiting from physical injury io tangible
property. All such loss of “electronic data”
shail be deemed to occur at the time of the
“occurrence” that caused it.

For the purpose of the Electronic Data Liability
coverage provided by this endorsement, “electronic
data” is not tangible property.

Employee Amendment

Definition 5. “Employee” under SECTION V- DEFINI-
TIONS fs deleted in its entirety and replaced by the
following:

5. “Employee” includes a “leased worker", or a
“temporary worker”. If you are a School,
“Employee” also includes a student teacher.

Golfing Facility

The following definition is added to SECTION V -
DEFINITIONS:

“Golfing facility” means a golf course, golf club,
driving range, or miniature golf course.

Mental Anguish Amendment
(This provision does not apply in New York).

Definition 3. “Bodily injury" under SECTION V-
DEFINITIONS is deleted in its entirety and replaced
with the following:

3. “Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time. This
includes mental anguish resulting fram any
bodily injury, sickness or disease sustained by a
person. (In New York, mental anguish has been
determined to be “bodily injury”).

Not-for-profit Member

The following definition is added to SECTION V-
DEFINITIONS:

“Not-for-profit member” means a person who is a
member of a not-for-profit organization, including
clubs and churches, who receives no financial ar
other compensation.

CG 73 00 0119
Page 9 of $

FRIAR Ee

AAR Pe torino ay

FlitePac®

Commercial Automobile Extension

COMMERCIAL AUTO
CA 78 OSNH 11 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

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

AMENDMENTS TO SECTION Il — LIABILITY COVER-
AGE

A.

Copyright, 2017 Selective insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED'S COPY

lf this policy provides Auto Liability coverage for
Owned Autos, the following extensions are applica-
ble accordingly:

NEWLY ACQUIRED OR FORMED ORGANIZA-
TIONS

The following is added to SECTION Ii, A.1. — Who
is An Insured:

Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company over which you mainiain ownership or
majority interest, will qualify as a Named Insured if
there is no similar insurance available to that
organization. However:

1. 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;

2. Coverage does not appiy to “bodily injury” or
“property damage” resulting from an “accident”
that occurred before you acquired or formed the
organization.

No person cr organization is an “insured” with re-
spect to the conduct of any current or past partner-
ship, joint venture or limited lability company that is
not shown as a Named Insured in the Declarations.

EXPENSES FOR BAIL BONDS AND LOSS OF
EARNINGS

Paragraphs (2) and (4) of SECTION Ili, A.2.a. —
Supplementary Payments are deleted in their
entirety and replaced with the following:

(2) Up te the Limit of Insurance shown on the
FlitePac Schedule for the cost of bail bonds
(including bonds for related traffic law violations)
required because of an “accident” covered under
this policy. We do not have to furnish these
bonds.

(4) All reasonable expenses incurred by the “in-
sured” at our request. This includes actual loss
of earnings because of time off from work, which
we will pay up to the Limit of Insurance shown
on the ElitePac Schedule.

EMPLOYEE INDEMNIFICATION AND EMPLOY-
ER’S LIABILITY AMENDMENT

The following is added fo SECTION I, B.4. —
Exclusions:

This exclusion does not apply to a “volunteer
worker” who is not entitled to workers compensation,
disability or unemployment compensation benefits.

FELLOW EMPLOYEE COVERAGE

The Fellow Employee Exclusion, SECTION Il,
B.5. — is deleted in its entirety.

CARE, CUSTODY OR CONTROL AMENDMENT

The following is added to SECTION Hl, B.6. —
Exclusions:

This exclusion does not apply to property owned by
anyone other than an “insured”, subject to the
following:

1. The most we will pay under this exception for

any one “accident” is ihe Limit of Insurance
stated in the ElitePac Schedule; and

2. A per “accident” deductible as stated in the
ElitePac Schedule applies to this exception.

lf this policy provides Auto Liability coverage for

Owned Autos or Non-Owned Autos, the following

extension is applicable accordingly:
LIMITED LIABILITY COMPANIES

The following is added to SECTION Il, A.1. — Who
is An Insured:

lf you are a limited liability company, your members
and managers are “insureds” while using a covered
“auto” you don't own, hire or borrow during the
course of their duties for you.

CA 78 O9NH 07 17
Page 7 of 5

BLANKET ADDITIONAL INSUREDS — As Re-
quired By Contract

The following is added to SECTION #, A.4. — Who
Is An Insured:

Any person or organization whom you have agreed
in a written contract, written agreement or written
permit that such person or organization be added as
an additional “insured” on your policy. Such person
or organization is an additional “insured” only with
respect to liability for “bodily injury” or “property dam-
age” caused, in whole or in part, by your ownership,
maintenance or use of a covered “auto”. This cover-
age shall be primary and non-contributory with re-
spect to the additional “insured”. This provision only
applies if:
1. It is required in the written contract, written
agreement or written permit identified in this
section;

2. Itis permitted by law; and

3. The written contract or written agreement has
been executed (executed means signed by a
named insured) or written permit issued prior to
the “bodily injury” or “property damage”.

4. [f covered “auto” is not a non-owned “auto”.

c. lf this policy provides Auto Liability coverage for
Non-Owned Autos, the following extension is
applicable accordingly:

EMPLOYEES AS INSUREDS

if this policy provides Auto Liability coverage for
Non-Owned Autos, the following is added to
SECTION Hl, A.1. — Who Is An Insured:

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.

An “employee” of yours is an “insured” while operat-
ing an “auto” hired or rented under a contract or
agreement in that “employee’s” name with your
permission, while performing duties related to ithe
conduct of your business.

AMENDMENTS TO SECTION Il — PHYSICAL
DAMAGE COVERAGE

if this policy provides Comprehensive, Specified Causes
of Loss or Collision coverage, the following extensions
are applicable for those “autos” for which Comprehen-
sive, Specified Causes of Loss or Collision coverage is
purchased:

TOWING AND LABOR

SECTION Ill, A.2. — Towing is deleted in its entirety
and replaced with the following:

We will pay all reasonable towing and labor cosis up to
the maximum Limit of Insurance shown on the ElitePac
Schedule per tow each time a covered “Private Passen-
ger Auto”, “Social Service Van or Bus” or “Light Truck” is
disabled and up to the maximum Limit of Insurance per
tow each time a covered “Medium Truck”, “Heavy Truck”
or “Extra Heavy Truck” is disabled.

Copyright, 2017 Selective Insurance Company of America. All rights reserved,
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED'S COPY

For labor charges to be eligible for reimbursement the
labor must be performed at the place of disablement.

This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.

GLASS BREAKAGE DEDUCTIBLE

The following is added to SECTION III, A.3. — Glass
Breakage — Hitting A Bird Or Animal — Falling
Objects or Missifes:

if damaged glass is repaired rather than replaced, no
deductible will apply for such repair. This extension does
not apply to Emergency Services Organizations and
Governmental Entities.

ADDITIONAL TRANSPORTATION EXPENSES

SECTION Ill, A.4.a. — Transportation Expenses is
deleted in its entirety and replaced with the following:

We will pay up to the maximum Limit of insurance shown
on the ElitePac Schedule for temporary transportation
expenses that you incur because of any “loss” to a
covered “auto”, but only if the covered “auto" carries the
coverages and meets the requirements described in 1.
or 2, below:

4. We will pay temporary transportation expenses for
total theft of a covered “auto”. We will only pay for
such expenses incurred during the period beginning
24 hours after the theft and ending, regardless of the
policy's expiration, when the covered “auto” is
returned to use or we pay for its “loss”.

2. For “loss” other than total theft of a covered “auto”
under Comprehensive or Specified Causes of Loss
Coverage, or for any “loss” under Collision Coverage
to a covered “auto”, we will only pay for those iem-
porary transportation expenses incurred during the
policy period beginning 24 hours after the “loss” and
ending, regardless of the policy's expiration, with the
lesser of the number of days reasonably required te
repair or replace the covered “auto” or 30 days.

Paragraph 2. of this extension does not apply while
there are spare or reserve “autos” available to you
for your operations.

This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.

HIRED AUTO PHYSICAL DAMAGE COVERAGE

The following is added to SECTION II, Ad. —
Coverage Extensions:

Physical Damage coverage is hereby extended te apply
to Physical Damage “loss” to “autos” leased, hired,
rented or borrowed without a driver. We will provide
coverage equal to the broadest coverage available to
any covered “auto” shown in the Declarations. But, the
most we will pay for “loss” fo each “auto” under this
coverage extension is the lesser of:

4. The Limit of Insurance stated in the ElitePac Sched-
ule; or

2. The actual cash vaiue of the damaged or stolen
property as of the time of the “loss”; or

CA 78 OSNH 07 17
Page 2 of 5

3. The actual cost of repairing or replacing the dam-
aged or stolen property with other property of like
kind and quality. A part is of like kind and quality
when it is of equal or better condition than the pre-
accident part. We will use the original equipment
from the manufacturer when:

(a) The operational safety of the vehicle might
otherwise be impaired;

(b) Reasonable and diligent efforts to locate the
appropriate rebuilt, aftermarket or used part
have been unsuccessfui; or

(c} A new original equipment part of like kind
and quality is available and will result in the
lowest overall repair cost.

For each leased, hired, rented or borrowed “auto” our
Obligation to pay “losses” will be reduced by a deductible
equal to the highest deductible applicable to any owned
“auto” for that coverage. No deductible will be applied to
“losses” caused by fire or lightning.

SECTION IV, 8.5. Other Insurance Condition, Para-
graph 5.b. is deleted in its entirety and replaced by the
following:

For Hired Auto Physical Damage Coverage, the follow-
ing 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 “em-
ployee” under a contract or agreement in that “em-
ployee’s” name, with your permission, while perform-
ing duties related to the conduct of your business.

However, any “auto” that is leased, hired, rented or bor-
rowed with a driver is not a covered “auto”.

This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.

HIRED AUTO LOSS OF USE COVERAGE

The following is added to SECTION 1], A.4, — Cover-
age Extensions:

We will pay expenses for which you are legally responsi-
ble fo pay up to the Limit of Insurance shown on the
ElitePac Schedule per “accident” for loss of use of a
leased, hired, rented or borrowed “auto” if it results from
an “accident”.

This coverage extension does not apply to Emergency

Services Organizations, Governmental Entities, and
Schools.

AUTO LOAN/LEASE GAP COVERAGE (Not Appiica-
ble in New York)

The following is added to SECTION If], A.4. —- Cover-
age Extensions:

In the event of a total “loss” to a covered “auto” we will
pay any unpaid amouni due on the lease or loan for a
covered “auto”, less:

1. The amount paid under the Physical Damage Cover-
age Section of the policy; and

Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

2. Any:

a. Overdue lease/loan payments at the time of
“loss”;

b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear, high
mileage or similar charges;

c. Security deposits not refunded by the lessor or
financial institution;

d. Costs for extended warranties, credit life, health,
accident, or disability insurance purchased with
the loan or lease; and

e. Carry-over balances from previous leases or
loans.

You are responsible for the deductible applicable to the
“loss” for the covered “auto”.

This extension only applies if the lessor or financial
institution is an additional “insured” under this Coverage
Form.

PERSONAL EFFECTS

The following is added to SECTION ill, Ad. —
Coverage Extensions:

If this policy provides Comprehensive Coverage for a
covered “auto” you own and that covered “auto” is
stolen, we will pay up to the Limit of Insurance shown on
the ElitePac Schedule, without application of a deducti-
ble, for lost personal effects that were in the covered
“auto” af the time of theft. Personal effects do not include
jewelry, tools, money, or securities. This coverage is
excess over any other collectible insurance.

AIRBAG COVERAGE

The following is added to SECTION ill, B.3.a. — Exclu-
sions:

Mechanical breakdown does net include the accidental
discharge of an airbag.

This coverage extension does not apply to Emergency
services Organizations and Governmentai Entities.

EXPANDED AUDIO, VISUAL, AND DATA ELEC-
TRONIC EQUIPMENT COVERAGE

SECTION Ill, B.4, —- Exclusions

This exciusion does not apply fo the following:
1. Global positioning systems;

2. “Telematic devices”; or

3. Electronic equipment that reproduces, receives or
transmits visual or data signals and accessories
used with such equipment, provided such equipment
is:

a. Permanently installed in or upon the covered
“auto” at the time of the “loss”;

b. Removable from a housing unit that is perma-
nenily installed in the covered “auto” at the time
of the “loss”;

c. Designed to be solely operated by use of power
from the “auto's” electrical system; or

CA 78 OSNH 07 17
Page 3 of 5

INSURED'S COPY

d. Designed to be used solely in or upon the cov-
ered “auto”,

For each covered “loss” to such equipment, a deductible
of $50 shall apply, unless the deductible otherwise appii-
cable to such equipment is less than $50, at which point
the lower deductible, if any, will apply.

COMPREHENSIVE DEDUCTIBLE — LOCATION
TRACKING DEVICE

The following is added ico SECTION IH, D. — Deducti-
ble:

Any Comprehensive Coverage Deductible shown in the
Declarations will be reduced by 50% for any “loss"
caused by theft if the covered “auto” is equipped with a
location tracking device and that device was the sole
method used fo recover the “auto”.

PHYSICAL DAMAGE LIMIT OF INSURANCE

SECTION ll, C. — Limit Of Insurance is deleted in its
entirety and replaced with the following:

The most we will pay for a “loss” in any one “accident” is
the lesser of:

1. The actual cash value of the damaged or stolen
property as of the time of the “loss”; or

2. The cost of repairing or replacing the damaged or
stolen property with other property of like kind and
quality.

This coverage extension does not apply to Emergency
Services Organizations and Governmental Entities.

AMENDMENTS TO SECTION IV —- BUSINESS AUTO
CONDITIONS

DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT
OR LOSS

The following is added to SECTION IV, A.2.a. — Duties
in The Event Of Accident, Claim, Suit Or Loss:

The notice requirements for reporting “accident” claim,
“suit” or “loss” information to us, including provisions
telated to the subsequent investigation of such “acci-
dent”, claim, “suit” or “loss” do not apply until the “acci-
dent’, claim, “suit” or “loss” is known to:

1. You, if you are an individual;
2. A partner, if you are a partnership;

3. An executive officer or insurance manager, if you
are a corporation;

4. Your members, managers or insurance manager, if
you are a limited liability company;

5. Your elected or appointed officials, trustees, board
members or your insurance manager, if you are an
organization other than a partnership, joint venture
or limited liability company.

But, this section does not amend the provisions relating

to notification of police or protection or examination of

the property that was subject to the “loss”.

Copyright, 2017 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of insurance Services Office, Inc., with its permission.

WAIVER OF SUBROGATION

SECTION WV, A.5. — Transfer Of Rights Of Recovery
Against Others To Us is deleted in its entirety and
replaced with the following:

We waive any right of recovery we may have against
any person or organization because of payments we
make for “bodily injury” or “property damage” resulting
from the ownership, maintenance or use of a covered
“auto” but only when you have assumed liability for such
“podily injury” or “property damage” in an “insured
contract". In all other circumstances, if a person or
organization to or for whom we make payment under this
Coverage Form has rights to recover damages from
another, those rights are transferred to us.

MULTIPLE DEDUCTIBLES

The following is added to SECTION IV, A. — Loss
Conditions:

lf a “loss” from one event involves two or more covered
“autos” and coverage under Comprehensive or Specified
Causes of Loss applies, only the highest applicable
deductible will be applied.

CONCEALMENT, MISREPRESENTATION OR FRAUD

The following is added to SECTION IV, B.2. —
Concealment, Misrepresentation Or Fraud:

lf you should unintentionally fail to disclose any existing
hazards in your representations to us prior fo the incep-
tion date of the policy or during the policy period in
connection with any newly discovered hazards, we will
not deny coverage under this Coverage Form based
upon such failure.

POLICY PERIOD, COVERAGE TERRITORY

SECTION IV, 8.7. — Policy Period, Coverage Terri-
tory is deleted in its entirety and replaced with the
following:

Under this Coverage Form, we cover “accidents” and
“losses” occurring:

a. During the policy period shown in the Declarations;
and

b. Within the “Coverage Territory”.

We also cover “loss” to or “accidents” involving a cov-
ered “auto” while being transported between any of
these places.

TWO OR MORE COVERAGE FORMS OR POLICIES
ISSUED BY US — DEDUCTIBLES

The following is added to SECTION IV, B.8. — Two Or
More Coverage Forms Or Policies issued By Us:

lf a “loss” covered under this Coverage Form also in-
volves a “loss” fo other property resulting from the same
“accident” that is covered under this policy or another
policy issued by us or any member company of ours,
only the highest applicable deductible will be applied.

CA 78 OSNH 07 17
Page 4 of 5

INSURED'S COPY

AMENDMENTS TO SECTION V — DEFINITIONS

BODILY INJURY INCLUDING MENTAL ANGUISH (Not
Applicable in New York}

The definition of bodily injury is deleted in its entirety and
replaced by the following:

“Bodily injury” means bodily injury, sickness, or disease
sustained by a person, including death resulting from
any of these. “Bodily injury” includes mental anguish re-
sulting from bodily injury, sickness or disease sustained
by a person.

ADDITIONS TO SECTION V — DEFINITIONS
COVERAGE TERRITORY
“Coverage Territory” means:

1. The United States of America (including its territories
and possessions), Canada and Puerto Rico; and

2. Anywhere in the world, except for any country or
jurisdiction that is subject to trade or other economic
sanction or embargo by the United States of Amer-
ica, if a covered “auto” is leased, hired, rented, or
borrowed without a driver for a period of 30 days or
less, and the insured’s responsibility to pay “dam-
ages” is determined in a “suit” on the merits in and
under the substantive law of the United States of
America (including its territories and possessions),
Puerto Rico, or Canada, or in a settlement we agree
to.

If we are prevented by law, or otherwise, from defending
the “insured” in a “suit” brought in a location described in
Paragraph 2. above, the insured will conduct a defense
of that “suit”. We will reimburse the “insured” for the rea-
sonable and necessary expenses incurred for the de-
fense of any such “suit” seeking damages to which this
insurance applies, and that we would have paid had we
been able to exercise our right and duty to defend.

EXTRA HEAVY TRUCK

“Extra Heavy Truck” means a truck with a gross vehicle
weight rating of 45,001 pounds or more.

Copyright, 2017 Selective insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

INSURED'S Copy

HEAVY TRUCK

“Heavy Truck” means a truck with a gross vehicle weight
rating of 20,001 pounds to 45,000 pounds.

LIGHT TRUCK

“Light Truck" means a truck with a gross vehicle weight
rating of 10,000 pounds or jess.

MEDIUM TRUCK

“Medium Truck” means a truck with a gross vehicle
weight rating of 10,001 pounds to 20,000 pounds.

PRIVATE PASSENGER AUTO

“Private Passenger Auto” means a four-wheel “auto” of
the private passenger or station wagon type. A pickup,
panei truck or van not used for business is included
within the definition of a “private passenger auto”.

SOCIAL SERVICE VAN OR BUS

“Social Service Van or Bus” means a van or bus used by
a government entity, civic, charitable or social service
organization to provide transportation to clients inci-
denial to the social services sponsored by the
organization, including special trips and outings.

TELEMATIC DEVICE

“Telematic Device” includes devices designed for the
collection and dissemination of data for the purpose of
monitoring vehicle and/or driver performance. This in-
cludes Global Positioning System technology, wireless
safety communications and automatic driving assistance
systems, all integrated with computers and mobile com-
munications technology in automotive navigation sys-
tems.

VOLUNTEER WORKER

“Volunteer worker” means a person who performs busi-
ness duties for you, for no financial or other compensa-
tion.

CA 78 O9NH 07 17
Page 5 of 5

THE CITY OF NASHUA “the Cate City’

Administrative Services

Purchasine Departoent

April 30 2020
Memo #20-102

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | CONTRACT FOR PAVEMENT MANAGEMENT ENGINEERING SERVICES (VALUE:
$398,230)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Daniel Hudson, P.E., City Engineer, dated April 23, 2020
for information related to this contract.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The City Engineer, Board of Public Works (April 23, 2020 BPW meeting) and the Purchasing Department
recommend the approval of this contract in an amount of $398,230 to Hayner/Swanson, Inc. of Nashua,
NH.

Purchasing Manager

Cec: D Hudson L Fauteux

229 Main Street « Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3233 |

Ta:

From:

Re:

B. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 23, 2020

Daniel Hudson, P.E., City Engineer
Engineering Department

Pavement Management Engineering Services — Hayner/Swanson, Inc.

To approve the engineering services contract with Hayner/Swanson. Inc. (HSI) of
Nashua, NH in the amount of $398,230 for the management and construction
administration of the paving program. Department: 160 Admin/Engineering; Fund:
Bond; Activity: Paving.

HSI Proposal (dated January 15, 2020)

This year, Public Works is taking on a very extensive paving program which includes
22 miles of roadways. This work is to be completed using two contracts totaling
approximately $8.3 million. In addition to the new contracts there are carry over
streets from the 2019 paving propram and a proposed change order to the federally
funded program to construct ADA compliant ramps.

A professional services contract with HSI is necessary to assist City Engineering staff
with the overall management, coordination, construction administration and
observation of the paving program. The effort in construction coordination is
significant given that there will be multiple contracts with several contractors
throughout the City at the same time.

The term of this proposed contract will be from March 1, 2020 through December 1,
2020. More details of HSI’s services are in their proposal (attached). The services to
be provided on the paving program will be varied and HSI’s responsibilities may be
adjusted by the City based upon the specific needs and workload of the City staff.
DPW continues to recommend HSI for these types of services because of their
extensive experience on successful City projects, their attention to cost control and
their responsiveness to the City’s needs.