Document Moscow_doc_7557fae53c

'PubLLc WorR..s • • • • Les MacDonald, P.E. Public Works Director • • • Kevin Lilly, P.E. )eputy Director - Engineering City Engineer Tyler Palmer Jeputy Director - Operations • • Bill Lambert Mayor • • • Gary J. Riedner City Supervisor • • • City of Moscow, City Hall 221 East 2nd Street P.O. Box 9203 Moscow ID 83843 Phone (208) 883-7034 Fax (208) 883-7033 City (208) 883-7000 Website: www.cl.moscow.id.us Hearing Impaired (208) 883-7019 • • • • September 15, 2016 Marv Albright ML Albright & Sons P.O. Box 603 Lewiston, ID 83501 Re: STREET WATER MAIN REPLACEMENT - 2016 Dear Mr. Albright, The City of Moscow Public Works Department accepted your bid dated September 14, 2016. Consider this your NOTICE OF AW ARD in the amount of $82,488.55. A copy of the agreement is enclosed. Please sign and return two copies along with separate performance and payment bonds and the appropriate insurance certificates (both liability and workmen's compensation), within ten days. Please be sure the insurance certificate includes the wording as per the sample enclosed and that the documents are returned to mv attention. Feel free to call me at (208) 883-7031 if there are any questions. Thank you. Sincerely, Bob Buvel, P.E . Staff Engineer, City of Moscow Enc. '2.D\Ʈ - o85 ---PAGE BREAK--- CITY OF MOSCOW, IDAHO BID ACCEPTANCE AND WORK AUTHORIZATION September 16, 2016 ML Albright & Sons P.O. Box 603 Lewiston, Idaho 83501 Project: STREET WATER MAIN REPLACEMENT- 2016 Dear Mr. Albright: Your bid submitted for the above stated project is hereby accepted in the amount of $82.488.SS. All work shall be completed in accordance with the project's Plans, Specifications and Bidding Conditions, and signed Bid Proposal September 14, 2016 - two copies attached. Acknowledge acceptance of project conditions by signing below and returning to Sandra Collins, P.O. Box 9203, Moscow, ID 83843 at your earliest convenience. This document must be fully executed prior to beginning work. The work shall be substantially completed by October 31, 2016. Contractor: ML Albright & Sons By: STREETWATERMAlNREPLACEMENT-2016 CITY AND ML ALBRIGHT & SON. City: City of Moscow, Idaho Kevin Lilly Deputy Director - ngineering City Engineer B @ 9 e; Pa1Irler Deputy Director - Operations PAGE 1OF1 ---PAGE BREAK--- TO: Public Works Department City of Moscow, Idaho Date: This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, hereinafter referred to as the 'CITY' for STREET WATER MAIN REPLACEMENT - 26015, (hereinafter "Project"), specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the tenus and prices herein submitted. I. All Project specifications and drawings examined by the undersigned and their tenns and conditions are hereby agreed to. 2. The undersigned certifies that he/she has received or made himself/herself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph I above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate perfonnance and payment bonds in the full amount of the contract price. 5. Proposal Guarantee (Bid bond) is not required with bid submittal. 6. The undersigned further agrees that CITY shall have the right to accept or reject any bid which rejection or acceptance is deemed to be in the best interest of CITY. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 8. The undersigned, as a bidder, acknowledges that Addenda Nwnber / through / have been delivered to him/her and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in the specifications. 10. The undersigned holds Idaho State Contractor's License Number /JOYt?-.dt/Jf-/-.2-3 /(cc - .5.237 STREET WATER MAJN REPLACEMENT-2016 PAGE6 OF 6 ---PAGE BREAK--- Item Item Description No. 1. Mobilization 2a. 10-lnch PVC Water Main Material 2b. 8-lnch PVC Water Main Material 2c. 6-lnch PVC Water Main Material 3a. 10-lnch Bend/Sleeve/Reducer Material 3b. 10-lnch Ductile Iron Material 4. 1-lnch HOPE Pipe Material 5. Crushed Rock Base Material 6. Concrete 7. Superpave Hot Mix Asphalt 8. Pipe Crew Time 9. Tax Payment Official Title SEAL (if incorporated) Dated at Lelk'lslm dl:tft Ao STREET WATER MA.IN REPLACEMENT· 2016 Quantitv Unit Price Total Price !Y.ru! 1 LS $ :µw $ ?fa? 250 LF $ $ 70 LF $ .Sf' $ X/ 30 LF $ /Y $ a_y ?p 335-· 3..;J5"1P f - 10 EA $ $ 7 1 EA $ $ 9¥7 IfƬ t I 100 LF $ $ /2 J.f" 5;S-f/?.u- 453 TONS $ $ 7 10CY $ § 230 TONS $ /52= $ 3£/3.J.w • 7 56 HR $ 79£., $ 2u·· EST. $1,000 $ 1,000 Bid Total $ 'lo$ rs- , blJ?f 4gaA Bidders Mailing Address 5'-'YZ/ ,/J.f/A Public Works License No.  State of Incorporation if Incorporated ThisJ!l._ dayof ¥ PAGE80F6 ---PAGE BREAK--- Ɲ MLALBRl-01 WRICH.b..0 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ' 12/20/2016 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 riqhts to the certificate holder in lieu of such endorsement(s). PRODUCER 22AAucT Spokane Office r1Jg,N,;o, Extl: (509) 838-3501 I r.ea. Nol:(509) 838-3511 ParneWest Insurance, Inc. ڼ*'ڽھ\.¼¼. 50 N. Rlverpoint Blvd., Ste 403 Spokane, WA 99202 INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Continental Western Insurance Comoanv 10804 INSURED INSURER B · M.L. Albright & Sons, Inc. INSURER C: P.O. Box 603 INSURER 0: Lewiston, ID 83501 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . TYPE OF INSURANCE 1Ư.\l.,O,ư W9 POLICY NUMBER P!-?l,!tY.f!'.FF . f.!lLICY EXP LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE [Kl OCCUR x x CPA2913901 12/31/2016 12/31/2017 DAMAGE TO RENTED $ 500,000 i.-EWơFƢ - MED EXP (Anv one person) $ 10,000 - PERSONAL &ADV lNJURY $ 1,000,000 - 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =i POLICY m mƞi= D LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY ƜOMBINED SINGLE LIMIT ; .:ar-_r_jrli:-nt\ $ 1,000,000 x ANY AUTO x x CPA2913901 12/31/2016 12/31/2017 BODILY INJURY (Per oersonl $ - OWNED - SCHEDULED - AUTOS ONLY Ż AUTOS BODILY INJURY (Per accidentl $ x Hl\WP x NON-f?,WNED llfROPERlY OAMAGE $ AU S ONLY AUTO ONLY Per accidenti - $ A x UMBRELLA LIAB  OCCUR EACH OCCURRENCE $ 5,000,000 - CPA2913901 12/31/2016 12/31/2017 5,000,000 EXCESS LIAB CLAIMS-MADE x x AGGREGATE $ OED I x I RETENTION$ 0 $ WORKERS COMPENSATION I I I ƟƠH- ANO EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L EACH ACCIDENT $ ƣƤƥƦiFciƧlƨƩƪƫ EXCLUDED? E.L DJSEASE - EA.EMPLOYEE $ If ƚes, describe under D SCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ A Installation Floater CPA2913901 12/31/2016 12/31/2017 Loe/Temp Loe/Transit 100,000 A Installation Floater CPA2913901 12/31/2016 12/3112017 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: F Street Water Main City of Moscow, Idaho is additional insured with respect to work performed on their behalf by M.L. Albright & Sons, Inc. as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Moscow THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9203 Moscow, ID 83843 AUTHORIZED REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY CL CG 00 20 01 1 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1 . Paragraph 2.j. of SECTION I • COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs and of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION Ill ·LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one "occurrence" for "property damage" to borrowed equipment is $15,000. This limit of insurance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicable to property damage as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. 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 reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT For all sums the insured becomes regally obligated to pay as damages caused by '"occunences under COVERAGE A 'SECTrON f) and fat al¬ medical expenses caused by accidents under COVERAGE c (SECTION JJ, can be attributed Olil\y to ongoing operations at a singfe ptoject awa¥ from premises ownec;I by or rented to the insured: a. A Sing e Construction Project General Aggn.g-ate Limit applies to each construction project away fn:>m premises owned by or rented k> the insured, and tnat fi ·1 is equal to the amount of lhe General Aggrega e Limit shown in the Declarations. b. The Single Construction Project Generaf Aggregate Limit is the most we V'li11 pay for the sum of at damages under COVERAGE A, except damages because of ''bodily injury" or "prop-erty damage" incfuded in the "products-compfe!ed operatiolils hazard", and for medical expenses under COVERAGE C regardless of the number of: · C1J Insureds; Claims made or "suits" brought; or Persons Of organrzations making claims or bdnging "suits". CL CG 00 20 01 1 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 ---PAGE BREAK--- c. Any payments mad'e under COVERAGE A for damages or under COVERAGE C for medical expenses shaU reduce the Singl'e Consl'ruction Pmject General Aggregate Limit for lha1 construction projed away from premises owned by or rented to the insured. Such payments shaR not reduce the General, Agg:iregate Limit stiown in the Dedarations nor shaft they reduce any other Single Constructron Project ' Ger.ioraf Aggregcite Lirni1 ·for any other ooparate construciian project away from premises owrred by Of· reflted to lhe insured. d. Tile l!rnits shewn in the Declarations f01 Each Occurrence, Fire Damage and Medicat EXf)ense continue lo appty . Hbwever, iAstead of being St!Jbject to the Generat Aggregate Limit shown in the Dectarations, sl!Idt limits wilf ll>e !{lbject to the Singfe Construction Project General Aggregate Limit. 2. Fer au sums which ttte lnst.1recd beromes regally obligated to pay as damages caused by "occurrences" ·under COVERAGE A (SECTION and for aft medical expenses caused by accidents urroer COVERAGE. C fSECTION wftidl cannot be attribl\lfed onfy to ongoing operations at a single designated cons ruction lI>rojed away from premises owl'l'ed by or rented ID •he insured: a. Any prayrnen«s made umfer COVERAGE A for damages or under COVERAGE C for medical expenses shall radt.Jce the amourit a'lfaitamfe under the General Aggregate Umi or Ule ProdUcts-Coml!lfeted Operalions Aggregal!e Limit, whichever is and b. Such payments stilall rnli reduce any Singfe Construction Project General Aggregate limit 3. When ooveraga k>r liability arising out of lhe prooucts-compteted operations hPn:t·· is pn>Vid'ed, any payments fer d'amag.es because of "t>odity inj\lry" or "propertv damage iflctucted in the pi;:oc::fti!cts-completed ·operations tlûardt wRI reduce the Prod\Jcts-Cornpfeted Operations Aggregate Lim. and rrot reduce the General Aggregata limit or the Single Construction Project General Aggregate limi 4. If the appli'cafi)re project allll'ay from premises owned by or rented to the insWliBd has been abandoned, defayed, or a!Dac:i®ned artd then restalted, or if the authgrized contracting parties deviate from plans, bl\leprints, designs, specificamioms or tirnetabtes, the pmjec will stil be deemed fO be Ute same cons1mcfion projecl 5. The provisions of Limits Of l'nsuranca (SEC110N HIJ not olheiwise modified by this end>lisement sital coontfnue tu apply as stip\lfated. C. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I - Coverage A is replaced by the following: 2. Exclusions Page 2 of 4 This insurance does not apply to: f. Pollution (1 ) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor. clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'': or At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. Subparagraph does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". Any loss, cost or expense arising out of any: Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 00 20 01 12 ---PAGE BREAK--- 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". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section Ill) does not apply. c. Paragraph 1 . of Section Ill • Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: Insureds; Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits". d. The following are added to Section Ill - Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is $100,000 aggregate. 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section 1 ·COVERAGES: We will pay, at your request for ''property damage" to that part of any property: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That m ust be restored, repaired or replaced because "your work" was incorrectly performed on it. This insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your insured premises and incidental to your business. Exclusions and do not apply to this coverage. This insurance does not apply to "property damage" included within the "explosion hazard", the "collapse hazard" or the "underground property damage hazard". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION Ill • LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 1. Unless a higher limit is shown in the Declarations, the most we will pay in any one "occurrence" for "property damage" under this endorsement is $1 5,000. 2. Unless a higher limit is shown in the Declarations, the most we will pay for all covered "occurrences" during any one policy period is $1 5,000 Aggregate Limit of Insurance. CL CG 00 20 01 1 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 ---PAGE BREAK--- 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, 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. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the t1mount of damagca in excess of $250 as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. 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 reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our property. Any payment made by us shall not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1 ) Paragraph 4.a. Primary Insurance is deleted. Subparagraphs and of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V - DEFINITIONS: Page 4 of 4 a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage" means the collapse of or structural injury to any building or structure due to: Grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property damage hazard" includes "underground property damage" and any resulting "property damage" to any other property at any time. e. "Underground property damage" means "property damage" to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 00 20 01 12 ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY CL CG 05 29 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY U LTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS • AUTOMATIC STATUS INCLUDING PRIMARY NON-CONTRIBUTORY 1. Section II • Who Is An Insured is amended to include as an additional insured any person(s) or organlzation(s) for whom you are required by virtue of a written contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. 2. The Insurance provided to the additional Insured is limited as follows: a. Such person or organization Is an additional insured only with respect to liability for "bodily injury", "property damageH or Hpersonal and advertising injury" caused in whole or In part by: Acts or omissions of the Named Insured; or The acts or omissions of those acting on behalf of the Named Insured; in the performance of the Named Insureds work for the additional insured(s} specified in the written contract provided the contract or agreement requires you to provide the additional insured such coverage and is: I. Currently in effect or becomes effective during the term of this policy; and ii. Was executed prior to the "bodily injury", "property damage" or "personal and advertising Injury". b. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01) or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph 2.a. above, the words caused in whole or in part by are replaced by the words arising out of. c. The Insurance afforded to such additional insured only applies to the extent permitted by law; and d. If coverage provided to the additional Insured Is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. e. This insurance ends at the earliest of the following times: When any Named lnsured(s) work called for In the written contract has been completed When all of any Named lnsured(s) work done at a job site has been completed If the written contract calls for work at more than one job site When that part of any Named lnsured(s) work done at a job site has been put to its intended use by any person or organization other than the Named Insured or those acting on the Named lnsured(s) behalf. Work that may need service, maintenance, correction, repair or replacement, but is otherwise complete, will be treated as completed f. This insurance does not apply to any additional Insured scheduled on your policy by separate endorsement. g. For purposes of paragraph A. of this endorsement, the terms "you" and "your" refer to the Named Insured shown in the Declarations. CL CG 05 29 0916 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1of3 ---PAGE BREAK--- 3. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: a. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: Providing engineering, architectural or surveying services to others In your capacity as an engineer, architect or suiveyor; and Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. b. Subject to Paragraph c. below, professional services include: Preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and Supervisory or inspection activities performed as part of any related architectural or engineering activities. c. Professional services do not Include services within construction means, methods, techniques, sequences and procedures em ployed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. 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" caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 4. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. Other Insurance For purposes of this endorsement, the following Is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance Is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. B. The following coverage is added: CONTRACTUAL LIABILITY - RAILROADS 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract" in Section V - Definitions Is replaced by the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except In connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under Page 2of3 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 05 29 09 1 6 ---PAGE BREAK--- which you assume the tort liability of another party to pay for "bodily injury" or property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not Include that part of any contract or agreement: That indemnifies an architect, engineer or surveyor for injury or damage arising out of: Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following Is added to the Section IV • Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other Insurance that is Railroad Protective Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. The following coverage is added: NON-EMPLOYMENT DISCRIMINATION LIABILITY This coverage contains a DEFENSE WITHIN LIMIT provision: The limit of liability for "Non­ employment discrimination" coverage available to pay settlements or judgments will be reduced, and may be exhausted, by defense expenses. The following is added to paragraph 14. "Personal and advertising injury" SECTION V • DEFINITIONS OF COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. di:>r;rimination" means violation of a person's civil rights with respect to such person's race, color, natlonal origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. "Non-employment discrimination" does not include violation of civil rights arising out of past, present or prospective employment. Any obligation to the Insured to pay "non­ employment discrimination" liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for "non­ employment discrimination" is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplementary Payments • Coverage A and B do not apply to non-employment discrimination. D. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION Ill • LIMITS OF INSURANCE applies separately to each of your: 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" 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. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsement CL CG 05 29 paragraph D. Aggregate Limits Of Insurance does not apply. CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 3 ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED • OWNERS, LESSEES, CONTRACTORS OR OTHERS · COMPLETED OPERATIONS AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person or organizatlon(s) be added as an additional insured to your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: Acts or omissions of the Named Insured; or The acts or omissions of those acting on. behalf of the Named Insured; and included In the "products-completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement Is: 1 . Currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the "bodily injury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. For purposes of this endorsement, throughout the policy, the terms "you'' and "your" refer to the Named Insured shown in the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only wlth respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others ln your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 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 the failure to render, any professional architectural, engineering or surveying services. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 ---PAGE BREAK--- b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or Its subcontractors in connection with your ongoing operations. C. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section Ill • Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1 . Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Lim its of Insurance shown in the Declarations. D. Other Insurance For purposes of this endorsement, the following is added to the Section IV • Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other Insurance available to an Insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 20 71 09 16 ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 1 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I T CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEM ENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included c. Knowledge Of Occurrence Included D. Legal Liability - Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakaqe From Automatic Fire Protective Svstems) E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coveraqe H. Who Is An Insured - Amendment Included I. Non-Owned Watercraft (Increased to maximum length of less than 51 Included feet) J. Supplementary Payments - Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1 ,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included . . The above is a summary only. Please consult the spec1f1c provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. A. MISCELLANEOUS ADDITIONAL INSUREDS 1 . Section I I - Who I s An Insured is amended to include as an insured any person or organization (referred to as an additional insured below) described in Paragraphs A.1 through A.1 below 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, provided that: a. The written contract or written agreement is: Currently in effect or becoming effective during the term of this policy; and Fully executed by you and the additional insured prior to the "bodily injury", ''property damage" or "per­ sonal and advertising injury". CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 7 ---PAGE BREAK--- b. The insurance afforded by this provision does not apply to any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c. Only the following persons or organi­ zations are additional insureds under this prov1s1on, with coverage for such additional insureds limited as provided herein: Managers Or Lessors Of Premises A manager or lessor of premises 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: Any "occurrence" which takes place after you cease to be a tenant in that premises. Structural alterations, new con­ struction or demolition operations performed by or on behalf of such additional insured. Mortgagee, Assignee Or Receiver A m ortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new con­ struction or demolition operations performed by or on behalf of such additional insured. Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, mainte­ nance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: Any "occurrence" which takes place after you cease to lease that land. Structural alterations, new con­ struction or demolition operations performed by or on behalf of such additional insured. Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "per­ sonal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision - Permits Or Authorizations Relating To Premises Any state, municipality, govern­ mental agency or subdivision or other political subdivision subject to the following additional provisions: This insurance applies only with respect to: The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: ( 1.1) The existence, maintenance, repair, construction, erection or removal of adver­ tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 7 ---PAGE BREAK--- (1 The construction, erec­ tion or removal of elevators: or (1.3) The ownership, main­ tenance or use of any elevators covered by this insurance. (ii) Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury", "property dam­ age" or "personal and advertising injury" arising out of operations perfonmed for the state, munici­ pality, governmental agency or subdivision or other political subdivision. Controlling Interest Any person(s) or organization(s) with a controlling interest in the Named Insured but only with respect to their liability arising out of: Their financial control of you; or Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new con" struction or demolition operations perfonmed by or for such person(s) or organization(s). Co-Owner Of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owner's liability as co-owner of such premises. Vendors Any person(s) or organization(s) (referred to as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The insurance afforded the vendor does not apply to: "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a written contract or written agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the written contract or written agreement; (ii) Any express warranty unau­ thorized by you; (iii) Any physical or chemical change in the product made intentionally by the vendor; (iv) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manu­ facturer, and then repackaged in the original container; 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; (vi) Demonstration, installation, servicing or repair opera­ tions, except such operations performed at the vendor's premises in connection with the sale of the product; (vii) Products which, after distri­ bution 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 CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 7 ---PAGE BREAK--- (viii) "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. How­ ever, this exclusion does not apply to: ( 1 .1 ) The exceptions contained in Sub- paragraphs (iv) or (vi); or (1 Such inspections, ad­ justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products. This insurance does not apply to any insured person or organi­ zation, from whom you have acquired products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1 through A.1 above does not apply: To "bodily injury" or "property damage" included within the "products-completed operations hazard"; or To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. c. The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section Ill - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I - Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence" or offense is known to: You, if you are an individual; A partner, if you are a partnership; A manager, if you are a limited liability company; or An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: How, when and where the "occurrence" or offense took place; CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc. , with its permission Page 4 of 7 ---PAGE BREAK--- (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the "occurrence" or offense. D. LEGAL LIABILITY - DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 1 . Under Section I - Coverage A - Bodily Injury And Property Damage Liability, the last paragraph (after the exclusions) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam­ age by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill - Limits Of Insurance. 2. The paragraph immediately after Sub­ paragraph j.(6) of Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1 and of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill - Limits Of Insurance. 3. Paragraph 6. of Section Ill - Limits Of Insurance is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1 of Paragraph 4. Other Insurance of Section IV Commercial General Liability Conditions is deleted and replaced by the following: (ii) That is fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. "Insured contract" of Section V - Definitions is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 6. As used in this Provision D. Legal Liability - Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E. MEDICAL PAYMENTS If Coverage C - Medical Payments is not otherwise excluded from this policy or coverage part, the Medical Expense Limit is changed, subject to the terms of Section Ill - Limits Of Insurance, to the greater of: a. $1 0,000; or b. The Medical Expense Limit shown in the Declarations. F. MOBILE EQUIPMENT REDEFINED Subparagraph f.(1) of Definition 12. "Mobile equipment" of Section V - Definitions is deleted and replaced by the following: CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 7 ---PAGE BREAK--- Equipment with a gross vehicle weight of 1 ,000 pounds or more and designed primarily for: Snow removal; Road maintenance, but not construction or resurfacing; or Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZA· TION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section II - Who Is An Insured is deleted and replaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporation: b. Majority interest of more than 50% as a general partner of a newly acquired or formed partnership; and/or c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organiza­ tions: Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier: (ii) Section I - Coverage A - Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; (iii) Section I - Coverage B - Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi) Coverage only applies for those part­ nerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED - AMENDMENT The last paragraph of Section II - Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section II - Who Is An Insured; b. Current joint venture; or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I. NON-OWNED WATERCRAFT Subparagraph of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I - Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: A watercraft you do not own that is: Less than 51 feet long; and Not being used to carry persons or property for a charge. J. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Section I - Supplementary Payments - Coverages A And B is changed as follows: 1 . The limit shown in Paragraph 1 for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1 for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 7 ---PAGE BREAK--- K. UNINTENTIONAL OMISSION OR UNINTEN­ TIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV - Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional prem ium or to exercise our right of cancellation or non-renewal. L. ·WAIVER. OF' TRANSFER \OF· ںRIGHTS. OF' ·RECOVERY AGAINST OTHERS; The fotrowirtg is a;dded l'o Paragraph 8. Transfer· :.Of Of Recovery Against Others To Us :of Section IV - Commercial GeneaI Liability We waive any right of recovery we may have ,against any person or or_ganization because of1 ;payments we make fur injury or damage arising; rodticts.;completed operationsi ihazar0• when yot1 l'lave agreed in a written: contract ź w tten agreement that any right of· ·recovery :is •waived \tlor 1si.rch- ·person, 1or organڻtfon.. This waiver applies only to the· ;persan{s) or c>r:ganaafum(s) agreed to in the· • writ en contract or written agreement and is: subject to those This waiver does m>t apply unless Ile written contract or wrl n agreement has been executed; ;prior CO the "bodily injury" or "property damage". However, if :ariy persGn: 'or ƙorganization· 1is' 'separatel'y sched\Jted on a separate waiver of, transfer of r@hts of recovery is attached fo, this policy, then Chis waiver does not apply., M. LIBERALIZATION CLAUSE The following is added to Section IV - Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CGOOO 1 , that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG000 1 . N. INCIDENTAL MEDICAL MALPRACTICE 1 . Paragraph 2.a.(1)(d) of Section II - Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV - Commercial General Liability Conditions . CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 7 ---PAGE BREAK--- COMMERCIAL AUTO CL CA 01 49 02 1 5 THIS ENDORSE MENT CHANGES TH E POLICY. PLEASE READ IT CAREFULLY. COM MERCIAL AUTOMOBILE EXPANSION ENDORSEMENT · PLATINUM This endorsement m odifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZA­ TIONS The following is added to Paragraph A.1. Who Is An Insured of Section II - Covered Autos Liability Coverage: Any organization you newly acquire or form, oth­ er than a partnership, joint venture or limited lia­ bility company or any organization excluded ei­ ther by this Coverage Part or by endorsement, and over which you maintain ownership or ma­ jority interest of m ore than 50 percent will qualify as a Named Insured. However: 1 . This insurance does not apply to any newly acquired or formed organization that is an "insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. Coverage under this provision is afforded on­ ly until the 1 80th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 8. ADDffiONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Paragraph A.1 Who Is AA Insured of Section II - Covered Autos liability Coverage: When you have agreed in a writ en con1Tac or agreement to include a person or Ofganization as an additional sucti person or organiza­ tion is included as an "insured" subject lo tle fot­ ·1owing: 1. Such person or organ€zation is an additional "insuredĊ only to e extent such person or organization is liable fur "bodily injury" or '"properly damage": because of lhe conduct of an insured" under Paragraphs a. or b. under Paragraf}lrr A.1. Who Is An of Section II - Covered AEJfos liability Cover­ age. caused by an "oocid'ent" and resutting from the owneirship, malrntenafilG:e or use of a covered "auto"; 2. The wriUen contract or asieemeoi described atro111e must have been executed prior 1o Ille "aeeiden'f" Ulal caused dle ''bodily injury" or propefty damage" and be in effect at the time of such "aċident"; 3. The insurance affa:mSed to any such addition­ al "insured"' does net apply to any "aa:idenr beyond the period of time required by the written contract or agreement descnl>ed above; 4. The most we will pay on behaff of such adcft­ . nal ""msured(sr is the tesser ot. a. The Limits of lnsmance specified in the written contract agreement desaibed above; or The Limits of IITTSurance shown in the Declarations. This provision shaD not increase the Limit of Insurance shown rn the Declarations in Chis policy or coverage part; and S. The fotrowing changes are made to Para­ graph 5. Other Insurance of B. General Con-­ dltions under Sec ion IV - Business Auto Condilioos: a. The fČtowing is added to Paragraph 5.a: If required by the written contract or agreement described above, the insur­ ance afforded to the additionat insured under this provision wiN be primary to, and wڹI not seek contribution from. the additional lnsured's own insurance. CL CA 01 49 02 1 5 Includes copyrighted material of Insurance Services Office, Inc,, with its permission Page 1 of 5 ---PAGE BREAK--- b. Para9raph 5.c. is deleted in its entirety., Paragraph A. 1.c. under Section H - Covered Autos Liability Coverage is deleted in its en­ tirely. 7. The d'efinitian of "insured contract" under See.ti:on V - [}efinltions is amended to add the 'fof l'Dwing: An "inswred contract" does not include lhal' part of any cantract or ilgreemen That pertains to fhe OWlilership, maintenance; ·or use of an "auto" and which indemnifies a. ,person or organization for other than the vi­ carious liabflity of such person or organiza­ ·tion for 'bodily or "property damage"' caused by your operation or use of a covered; ·•auto ;However, a person or organization is an ad­ ditional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate en-. .dorsement to this policy. C. EMPLOYEES AS INSUREDS The following is added to Paragraph A.1 . Who Is An Insured Section II - Covered Autos Liability Coverage: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or bor­ row in your business or your personal affairs. D. INCREASED COVERAGE - BAIL BONDS The Supplementary Payments Coverage Exten­ sion of Section II - Covered Autos Liability Cov­ erage is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is increased to $5,000. E. INCREASED COVERAGE - LOSS OF EARN­ INGS The Supplementary Payments Coverage Exten­ sion of Section II - Covered Autos Liability Cov­ erage is amended as follows: The Limit of Insurance in paragraph A is increased to $1 ,000. F. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained in Section II - Covered Autos Liability Coverage does not apply. This coverage is excess over any other collectable insurance. G. COVERAGE EXTENSION • TRANSPORTA­ TION EXPENSES Paragraph A.4.a. Transportation Expenses of Section Ill - Physical Damage Cover age is amended as follows: 1. The Limits of Insurance are increased to $75 per day to a maximum of $2,500. 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. 3. It is agreed and understood and it is our stat­ ed intent that expenses incurred by you un­ der the Transportation Expenses Coverage Extension will not also be covered or paid under the Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement coverage added by separate endorsement to this policy. H. EXTENDED COVERAGE · AIRBAGS The following is added to Exclusion B.3.a. of Section Ill - Physical Damage Coverage: However, this exclusion does not apply to the un­ intended discharge of an airbag. This coverage is excess over any other collecti­ ble insurance or warranty providing such airbag coverage. I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section Ill - Physical Damage Coverage, Paragraph C. Limits of Insur­ ance. 4. In the event of a total "loss" to a covered "au­ to", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount under the Physical Damage Coverage section of the policy; and b. Any: (1 ) Overdue lease/loan payments at the time of the "loss": Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; Security deposits not returned by the lessor; Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and Carry-over balances from previous loans or leases. J. GLASS REPAIR · NO DEDUCTIBLE The following is added to Paragraph D. Deducti­ ble of Section Ill - Physical Damage Coverage: Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" to glass when you elect to patch or repair rather than replace the glass. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CA 01 49 02 1 5 ---PAGE BREAK--- K. INCREASED COVERAGE EQUIPMENT ELECTRONIC The $1 ,000 limit indicated in Paragraph C.1 under Section Ill - Physical Damage Coverage is increased to $2,500. L. EXTENDED COVERAGE - PERSONAL PROP­ ERTY The following is added to Paragraph A.4. Cover­ age Extensions of Section Ill - Physical Damage Coverage: Physical Damage Coverage on a covered "auto" may be extended to "loss" to your personal prop­ erty or, if you are an individual, the personal property of a family member, that is in the cov­ ered "auto" at the time of "loss" and caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". The insurance provided by this coverage exten­ sion is excess over any other collectible insur­ ance. The most we will pay for any one "loss" under this coverage extension is $500. However, our payment for "loss" to personal property will only be for the account of the owner of the prop­ erty. Under this provision, personal property does not include and we will not pay for "loss" of currency, coins, securities or contraband. No deductible applies to this coverage extension. M. TOWING Paragraph A.2. Towing of Section Ill - Physical Damage Coverage, is replaced by the following: If a private passenger type "auto" or light truck "auto" (0-10,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up to $ 1 50 for towing and labor costs in­ curred each time such "auto" is disabled. If a medium, heavy or extra-heavy truck or extra­ heavy Truck-tractor "auto" (greater than 1 0,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is disabled. However, the labor must be performed at the place of disablement. N. FIRE EXTINGUISHER RECHARGE The following is added to Paragraph A.4. Cover­ age Extensions of Section IV - Physical Damage Coverage: When fire extinguishers are kept in your covered "auto" and any are discharged in an attempt to extinguish a fire, we will pay the lesser of the ac­ tual cost of recharging or replacing such fire ex­ tinguisher(s). No deductible applies to this coverage 0. HIRED AUTO PHYSICAL DAMAGE COVER­ AGE The following is added to Paragraph A.4. Cover­ age Extensions of Section Ill - Physical Damage Coverage: If hired "autos" are covered "autos" for Covered Autos Liability Coverage and if Physical Damage Coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to ''autos" you lease, rent, hire or borrow from someone other than your "employ­ ees", partners or members of their households subject to the following: 1 . The most we will pay i n any one "loss" is the lesser of: a. The actual cash value of the "auto"; b. The cost to repair or replace the "auto"; or c. $1 00,000. 2. Paragraph 1. above is subject to a deducti­ ble. The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same classification for that coverage. In the event there is no owned "auto" of the same classification, the highest deductible for any owned "auto" will apply for that coverage. No deductible will apply to "loss" caused by fire or lightning. 3. Hired Auto Physical Damage Coverage is subject to the following: a. If symbol 8 is shown in the Covered Auto section of the Declarations page for any of the Physical Damage coverages, then the Hired Auto Physical Damage cover­ age described in this endorsement does not apply. b. Other than indicated in Paragraphs a. di­ rectly above, coverage provided under this provision will be excess over any other collectible insurance or coverage. 4. In addition to the limit set forth in Paragraph 1 . above we will pay up to $500 per day, to a maximum of $3,500 per "loss" for: a. Any costs or fees associated with the "loss" to a hired "auto"; and b. Loss of use of the hired "auto", provided it is the consequence of an "accident" for which you are legally liable, and as a re­ sult of which a monetary loss is sus­ tained by the leasing or rental concern. However, Paragraph A.4.b. Loss of Use Expens­ es under Section Ill - Physical Damage Coverage CL CA 01 49 02 1 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 5 ---PAGE BREAK--- of the Business Auto Coverage Form does not apply. P. RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be­ cause of "loss" to a covered "auto". 1 . Payment applies i n addition to the otherwise applicable amount of each coverage you have on the covered "auto". 2. No deductible applies to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: a. The number of days when the covered "auto" has been repaired or replaced, or b. 45 days. 4. Our payment is limited to the lesser of the fol­ lowing amounts: a. Necessary and actual expenses incurred; or b. Not more than $75 for any one day; 5. We will pay up to an additional $300 for the reasonable and necessary expenses you in­ cur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". 6. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 7. If "loss" results from the total theft of a cov­ ered "auto" of the "private passenger type", we will pay under this coverage only that amount of your rental reimbursement ex­ penses which is not already provided for un­ der the Physical Damage Coverage Exten­ sion of the Business Auto Coverage Form or any endorsements thereto However, this provision does not apply to the extent that rental reimbursement is provided by separate endorsement to this policy. Q. DRIVE OTHER CAR COVERAGE 1 . The following is added to Section II - Cov­ ered Autos Liability Coverage: a. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by: You, if you are designated in the Declarations as an individual; Your partners or members, if you are designated in the Declarations as a partnership or joint venture; Your members or managers, if you are designated in the Declarations as a limited liability company; Your executive officers if you are designated in the Declarations as an organization other than an individual, partnership, joint venture or limited liability company; and The spouse of any person named in Paragraphs 1 .a.(1 through 1 while a resident of the same house­ hold; Except: Any "auto" owned by that indi- vidual or by any member of his or her household. Any "auto" used by that individu­ al or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An In­ sured: Any individual named in 1 .a above and his or her "family members" are "insured" while "occupying" or while a pedestrian when being struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". 3. Changes In Physical Damage Coverage Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individ­ ual named in Q.1 above or his or her spouse while a resident of the same house­ hold except: a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a busi­ ness of selling, servicing, repairing or parking "autos". 4. The most we will pay for the total of all dam­ ages under Covered Autos Liability Unin­ sured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc . . with its permission CL CA 01 49 02 1 5 ---PAGE BREAK--- shown in the Declarations as applicable to owned ''autos". 5. Our obligation to pay for, repair, return or re­ place damaged or stolen property under Physical Damage Coverage, will be reduced by a deductible equal to the amount of the highest deductible shown for any owned pri­ vate passenger type "auto" applicable to that coverage. If there are no owned private pas­ senger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Collision Coverage. No deductible will apply to "loss" caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provi­ sion: "Family member" means a person related to the individual named in 1 by blood, mar­ riage or adoption who is a resident of the in­ dividual's household, including a ward or fos­ ter child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Sec­ tion IV - Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim , "suit" or "loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim , "suit" or "loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT Oƭ AGREEMENT The mUowfng is added to Paragraph A.5 of Sec­ fiQn IV - Bcasiness Auto Conditions: We waive any right of recovery we may have against a µerson or organization because of payments we make for "bodily injury" or "property damage" when you and such person or organiza.. rion have agreed in writing in a con!ract or agreement llO waive such right of recovery, pro­ vided: 1. Such wri1ten contract or agreement was: a. Made prior lo the "accident" or "loss" in the covered "bodily injury" or "property damage"; and b. Was in effect at fle lime of the covered "bodify or "propeny damage". 2. The covered "bodily injury" or "property damage· must arise out of lhe operations specified in such wri1ten contract or agreement. 3. At our rڸnrest yrementroned written con1rad or agree­ ment T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2. of Section IV - Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not prejudice the coverage provided to you. Howev­ er, this provision does not affect our right to col­ lect additional premium or exercise our right of cancellation or nonrenewal. U. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revi­ sion is effective in your state. CL CA 01 49 02 1 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 5