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. ' CONSTRUCTION CONTRACT COLLEGE STREET PEDESTRIAN BRIDGE- 2012 THIS CONTRACT, dated this 10th day of December, 2012 , by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Eisinger Construction (hereinafter, "Contractor"): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through a "Request for Quotation", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE I. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through and the following: 1. Request for Quotation; 2. Project Specifications titled: College Street Pedestrian Bridge- 2012 City of Moscow Project No. 107-012 3. Bid/Proposal of the Contractor, dated December 7 , 2012, physically attached to this Contract; 4. The Engineering Plans; 5. Insurance Certificates, physically attached to this Contract; 6. No Addendum issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this Contract. There are no Contract Documents other than those listed in Atticle 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: COLLEGE STREET PEDESTRIAN BRIDGE- 2012 ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before January 25, 2013. The work shall be completed on or before Fourty-Five (45) Calendar Day s from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. 2DJ2.·1@A ---PAGE BREAK--- ARTICLE 4. CONTRACT SUM The City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of Fifteen Thousand Three Hundred Ninety Dollars and Thirty Two Cents ($15,390.32) for Base Bid and No Alternatives. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnifY and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 8. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and the City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the City of Moscow. ---PAGE BREAK--- . . . ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modifY the provisions of this requirement. The Contractor and his surety shall indemnifY and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11 . LEGAL FEES In the event eithØ party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 13 COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Eisinger Construction 2205 Nursery Street Moscow, ID 83843 City: City of Moscow 206 E. 3rd Street P. O. Box 9203 Moscow, Idaho 83843 ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. By: State of < County of ) ss ) On this \ day of ACK NOWLEDGMENT personally appeared and known to me to be the and tS>U) ncv- of Eisinger Construction described in the above document and acknowledged to me they executed the same. ÙÚÛÜ \ HEATHER A. BAUNE NOTARY PUBLIC STATE OF IDAHO (seal) Notary Public residing at: My commission expires: >\Obi? Date ---PAGE BREAK--- 240530 ACORD× CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) Ö 12/1812012 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CT Kris Diehl Commercial Lines- (509) 358-3800 Exll: [PHONE REDACTED] I r: Nol: [PHONE REDACTED] Wells Fargo Insurance Services USA, Inc. - CA Lie#: OD08408 E-MAIL [EMAIL REDACTED] ADDRESS: 601 West Main Street, Suite 1400 I• INSURER($) AFFORDING COVERAGE NAIC# Spokane, WA 99201-0635 INSURER A: Ohio Security Insurance Company 24082 INSURED ! IN`URER B: Ohio Casualty Insurance Company 24074 Jeffrey Eisinger dba Eisinger Construction INSURER C: Idaho State Insurance Fund 2205 Nursery Street INSURER D: INSURER E: Moscow, ID 83843 INSURER F: COVERAGES CERTIFICATE NUMBER· 5299073 REVISION NUMBER· See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A 8 c TYPE OF INSURANCE GENERAL LIABILITY - X COMMERCIAL GENERAL LIABILITY =o CLAIMS-MADE 0 OCCUR 1- 1-n'l AGGREE LIMIT APnS PER: POLICY X ´:f?T LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS NON-OWNED X X HIRED AUTOS AUTOS - X UMBRELLA LIAB M OCCUR - EXCESS LLAB CLAIMS-MADE OED I X I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 10,000 Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ®¯°'i;±'J;'fr²³ '!fOPERATIONS below POLICY NUMBER ¨©&ªLJg« X BKS55238759 08/10/12 08/10/13 BAS55238759 08/10/12 08/10/13 i US055238759 08/10/12 08/10113 Workers Compensation [PHONE REDACTED] 07/0112013 N/A DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, II more space is required) LIMITS EACH OCCURRENCE $ 9DEJ?eFEncel $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ fe/0;1fiNGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ r:..?:dt?AMAGE $ $ EACH OCCURRENCE $ AGGREGATE $ $ _l_foCIfJ1¥s I I OJ - E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E DISEASE· POLICY LIMIT $ CITY OF MOSCOW, IDAHO IS AN ADDITIONAL INSURED WITH RESPECT TO WORK PERFORMED ON THEIR BEHALF BY NAMED INSURED UNDER CONTRACT OF COLLEGE STREET PEDESTRIAN BRIDGE - 2012 PROJECT AND CITY OF MOSCOW PROJECT NO. 107-012 AS GRANTED BY THE ACTUAL POLICY FORMS ATTACHED TO THIS CERTIFICATE. (ADDITIONAL INSURED STATUS N/A TO WORKERS COMP) CERTIFICATE HOLDER CANCELLATION 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 500.000 500,000 500,000 CITY OF MOSCOW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 206 E 3RD STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P 0 BOX 9203 MOSCOW, ID 83843 AUTHORIZED REPRESENTATIVE I The ACORD name and logo are regtstered marks of ACORD © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) (Thia certilicale roplacos certilical&# 5299067 Issued on 12118/2012) ---PAGE BREAK--- • J COMMERCIAL GENERAL LIABILITY CG 85 8310 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS N PRODUCTS/COMPLETED OPERATIONS This . endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II ·Who Is An Insured Is amended to Include as an insured any person or organization whom you have agreed to add as an additional insured In a written contract or written agreement. Such person or organization Is an additional Insured but only with respect to liability for · "bodily Injury" or "property damaüe": 1. Caused by "your work" performed for that additional Insured that Is the subject of the written . contract or written agreement; and 2. Included In the "products-completedoparatlons hazard". The Insurance provided by this endorsement applies only If the written contract or written agreement Is signed prior to the "bodily injury" or "property damage". We have no duty to defend an under this endorsement until we receive written notice of a "sult" by the lnsured as required In Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV- Commercial General Liability Conditions. B. With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I • Coverage A • Bodily Injury And Pjoperty Damage Liability: This insurance does not apply to: 1. "Bodily InJurY" or "property damage" that occurs prlor to vou commenýlnþ operations t the location where such "bodily injury" or "property damage" occurs. I 2. "Bodily Injury" or "property-damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services lnciudlng: · a. The preparing, approving· or failure to prepare or approve, maps, shop opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervlsorv,lnspectlon, or engineering activities. 02010 Libe'rty Mutuallnsuranc Company. All rights reserved. CG85 8310 09 Includes malarial of Insurance Servloes Office, Inc., with Its Page1 of 2 ---PAGE BREAK--- C. With respect to the Insurance afforded by this endorsement, exclusion I. Damage To Vour Work of Paragraph 2. Exclusions under Section I • Coverage A· Bodily InJury And Property Damage Liability Is replaced by the following: I. Damage To Vour Work "Property damage" to "your work" arising out of It or any part of It and Included In the "products- completed operations hazard". · · D. The limits of insurance applicable to the additional Insured are those specified In a written contract or written agreement or the limits of Insurance as stated In the Declarations of this policy and defined· in Section Ill - Limits Of Insurance of this policy, whichever are less. These limits are Inclusive of and not In addition to the limits of Insurance available under this policy. E. With respect to the Insurance afforded by this endorsement, Section IV- Commercial General Liability Conditions Is amended as follows: 1. The following Is added to Paragraph 2. Duties In The Event Of Occu"ence, OHense, Claims Or Suit: An additional Insured under this endorsement will ēs soon as practicable: a. Give written notice of an "occurrence" or an offense that may result In a claim or "suit" under this Insurance to us; • b. Tender the defense. and Indemnity of any claim or "suit" to all Insurers whom also have Insurance available to the additional Insured; and c. Agree to make available any other Insurance which the additional Insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or Indemnify en additional Insured under this endorsement until we receive written notice of a "suit" by the additional Insured. 2. Paragraph 4, of Section IV· Commercial General Liability Conditionals amended as follows: a. The following Is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making Its policy excess, and you have agreed In a written contract or written agreement to provide the additional Insured coverage on a primary and noncontributory basis, 'this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. b. The following Is added to Paragraph b. Excess Insurance: CG 858310 09 When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit Issued by. a state or political subdivision between you and an additional Insured does not require this Insurance to be prlmĔry or primary and non- contributory, this Insurance Is excess over any other Insurance for which thtt additional Insured Is designated as a Named Insured. Regardless of the written agreement between you and an additional Insured, this Insur ance Is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured on other policies. @2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Servloee Offlce,lno., with Its Page2 of2 ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY CG 88101009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON-OWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY- ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTE.NSION EXTENSION OF SUPPLEMENTARY PAYMENTS- COVERAGES A AND B ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY· ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS· EXTENDED PROTECTION OF YOUR 41LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED FELLOW EMPLOYEE EXTENSION.- MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US • WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2010 Liberty Mutual Insurance Company. All rights reserved. CG 881010 09 Includes material of, Insurance Services Office, Inc., with Its permission. PAGE 2 2 2 2 3 3 3 5 5 6 6 7 7 7 7 7 8 Page 1 of7 ---PAGE BREAK--- With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A • Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an alr<;:raft provided: 1. It Is not owned by any Insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot In command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It Is not being used to carry persons or property for a charge. However, the Insurance afforded by this provision does not apply If there Is ·available to the Insured other valid and collectible Insurance, whether primary, excess (other than Insurance written to apply specifically In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON·OWNED WATERCRAFT c. Under Paragraph 2. Exclusions of Section I - Coverage A • Bodily Injury Ljnd Property Damage Liability, Subparagraph of exclusion g. Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: . A watercraft you do not own that Is: Less than 52 feet long; and Not being used to carry persons or propƼrty for a charge. PROPERTY DAMAGE LIABILITY- ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraphs and of exclusion J. Damage To Property do not apply If such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not Include vehicle lifts. Vehicle lifts are lifts or hoists used In automobile service or repair operations. 2. The following Is added to Section IV- Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement Is excess over any property Insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You Is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I • Coverage A • Bodily Injury and Property Damage Liability: CG 881010 09 a. The fourth from the last paragraph of exclusion J. Damage To Property Is 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 an automatic fire protection system) to: Premises rented to you for a period of 7 or fewer consecutive days; or (II) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1 and of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of Insurance applies to this coverage as described In Section Ill -Limits of Insurance. @201 0 Uberty Mutual Insurance Company. All rights reserved. Includes material of Insurance S$rvlces Office, Inc., with Its permission. Page 2 of 7 ---PAGE BREAK--- b. The last paragraph of subsection 2. Exclusions Is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described In Section Ill- Limits Of Insurance. 2. Paragraph 6. under Section Ill- Limits Of Insurance Is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: While rented to you; or While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreeJ11ent. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions Is replaced with the following: 9.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 protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are Included In your premises rental or lease agreement, Is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments Is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section 1- Coverage C- Medical Payments, Subparagraph of Paragraph a. Is replaced by the following: The expenses are Incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS- COVERAGES A AND B 1. Under Supplementary Payments- Coverages A and B, Paragraph 1.b. Is replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. · 2. Paragraph 1.d. Is replaced by the following: d. All reasonable expenses Incurred by the Insured at our request to assist us In the Investigation or defense of the claim or "sulf', including actual loss of earnings up to $500 a day because of time off from work.· G. ADDITIONAL INSUREDS· BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II- Who Is An Insured Is amended to Include as an Insured any person or organization whom you have agreed to add as an additional insured In a written contract, written agreement or permit. Such person or organization Is an additional Insured but only with respect to liability for "bodily Injury", Į·property damage" or "personal and advertising injury" caused In whole or In part by: CG 881010 09 a. Your acts or omissions, or the acts or omissions of those acting on your behalf, In the performance of your on going o.peratlone tor the additional Insured that are the subject of the written contract or written agreement provided that the "bodily Injury" or "property damage" occurs, or the "personal and advertising Injury" is committed, subsequent to the signing of such written contract or written agreement; or i§J2010 Liberty Mutual Insurance Company. All rights reseiVed. Includes material of Insurance SeiVIces Office, Inc., with Its permission. Paga 3 of 7 ---PAGE BREAK--- b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit subject to the following additional provisions: This Insurance does not apply to "bodily Injury", "property damage", or "personal and advertising Injury" arising out of the operaƻons performed for the state or political subdivision; This Insurance does not apply to "bodily lnjur}'" or "property damage" Included within the "completed operations hazard". Insurance applies to premises you own, rent, or control but only with respect to the following hazards: The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, holst away openings, sidewalk vaults, street banners, or decorations and similar exposures; or The construction, erection, or removal of elevators; or The ownership, maintenance, or use of any elevators covered by this insurance. With respect to Paragraph 1.a. above, a perscm's or organization's status as an additional Insured under this endorsement ends when: All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the lnsured(s) at the location· of the covered operations has been completed; or That portion of "your work" out of which the Injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, 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 premises or facilities ends. With respects to Paragraph 1.c. above, this Insurance does not apply to any "occurrence" which takes place after the equipment rental or Ieese agreement has expired or you have returned such equipment to the lessor. The Insurance provided by this endorsement applies only If the written contract or written agreement Is signed prior to the '"bodily Injury" or "property damage". · We have no duty to defend an additional Insured under this endorsement until we receive written notice of a "sulf' by the additional Insured as required In Paragraph b. of Condition 2. Duties In the Event Of Occurrence, OffenLJa, Claim Or Suit under Section IV - Commercial General Liability Conditions. 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. CG 881010 09 Exclusions under Section I • Coverage A • Bodily Injury And Property Damage Liability: This Insurance does not apply to: a. "Bodily Injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily Injury'' or "property damage" that occurs prior to you commencing operations at the location where such "bodily Injury'' or "property damage" occurs. o. "Bodily .Injury", "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: @201 0 Uberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with lis permission. Page4of7 ---PAGE BREAK--- The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or Supervisory, Inspection, architectural or engineering activities. d. "Bodily injury" or "property damage" after: All work, Including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional lnsured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the Injury or damage arises has been put to Its intended use by any perSOf:l, or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED ·OWNERS, LESSEES OR CONTRACTORS endorsement Issued by us and made a part of this policy. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SEC;TION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional Insured's policy has an Other Insurance provision making its policy excess, and you have agreed In a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. b. The following Is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit Issued by a state or political subdivision between you and an additional insured does not require this Insurance to be primary or primary and non-contributory, this insurance Is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this Insurance is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS· EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following Is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: CG BB 1010 09 An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result In a claim or "sulr under this Insurance to us; b Tender the defense and indemnity of any claim or "suit'' to also have Insurance available to the additional insured; and c. Agree to make available any other Insurance which the additional insured has for a loss we cover under this Coverage Part. ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 5 of7 ---PAGE BREAK--- d. We have no duty to defend or indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional Insured. 2. The limits of insurance applicable to the additional insured are those specified In a written contract or written agreement or the limits of Insurance as stated In the Declarations of this policy and defined In Section Ill Limits of Insurance of this policy, whichever are less. These limits are Inclusive of and not In addition to the limits of Insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED· FELLOW EMPLOYEE EXTENSION· MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II· Who Is An Insured Is replaced with the following: "Bodily Injury" or "personal and advertising Injury": . To you, to your partners or members (If yoiJ are a partnership or joint venture}, to your members (If you are a limited liability company), to a co-"employee" while In the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph above; For which there Is any obligation to share damages with or repay someone else who must pay damages because of the injury described In Paragraphs or above; or Arising out of his or her providing or failing to provide professional health care services. However, If you are not in the business of providing professional health care services or providing professional health care personnel to others, or If coverage for providing professional health care services Is not ·otherwise excluded by separate endorsement, this provision (Paragraph does not apply. Paragraphs and above do not apply to "bodily Injury" or Hpersonal and advertising Injury" caused by an "employee" who Is acting In a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, Includes· the direct supervision of other "employees" of yours. However, none of these "employees" are Insureds for "bodily Injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or ''personal and advertising Injury'', or caused in whole or in part by their Intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured Is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there Is no other similar Insurance available to that organization. However: a. Coverage under this provision Is afforded only until the expiration of the policy period In which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising lnjuryn arising out of an offense committed before you acquired or formed the organization. d. . Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured In the Declarations or qualifies as an Insured under this prońŅ. . @2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 10 10 09 Includes material of Insurance SC!rvlces Offloe, Inc., with Its permleelon. Page 6 of7 ---PAGE BREAK--- L. FAILURE TO DISCLOSE HAZARDS AND PRIOdž OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following Is added to Condition 6. Representations: Your failure to disclose all hazards or "occurrences" existing as of the Inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" Is not lntenUonal. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV- Commercial General Liability Conditions, the following Is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any Insured shall not In Itself constitute knowledge of the insured unless an Insured listed under Paragraph 1. of Section 11 - · Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision Is effective In your state. 0. BODILY INJURY REDEFINED Under Section V- Definitions, Definition 3. Is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This Includes mental anguish, mental Injury, shock, fright or death that results from such physical Injury, sickness or disease. P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury _ "Bodily Injury" or "property damage" expected or Intended from the standpoint of the Insured. This exclusion does not apply to "bodily injury" or Üproperty damage" resulting from the use of reasonable force to protect persons or property. · Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditione, the following Is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization .and Included in the "products-completed operations hazard" provided: 1 . You and that person or organization have agreed In writing in a contract or agreement that you waive such rights against that person or organization; and 2. The Injury or damage occurs subsequent to the execution of the written contract or written agreement. @2010 Liberty Mutual Insurance Company. All rights reserved. CG 88 1 0 1 0 09 Includes material of Insurance Services Office, Inc., with Its permission. Page 7 of 7