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HomeMy WebLinkAboutPW17-133 - Change Order - #1 - Statewide Parking Lot Services, Inc. - Grinding Services at 76th Avenue Between South 228th & South 212th -05/15/2017 /r/✓ l//i/,,�/ Sri/iyl�;/a i "M e m R lz� 3rds M 0 KENT WAS-140TON Document i CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Statewide Parking Lot Services Inc. Vender Humber: JD Edwards Number Contract Number: P W I I - This is assigned by City Clerk's Office Project Name: 761" Ave, Grinding Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract 0 Other: Contract Effective Date: 5/15/17 Termination Date: 5/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brent Collins Department: PW4' Operations Contract Amount: $2 350?.0, Approval Authority: (CIRCLE ONE) Department Director (Mayor City Council Detail: (i.e. address, location, parcel nurn er; ax id, etc.): Provide additional grinding services due to the condition of the pavement. As of: 08/27/14 17 • KENT W A S H I N O T O N CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Statewide Parking Lot Services Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: 76th Ave. Grinding ORIGINAL CONTRACT DATE: March 20, 2017 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: i. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: Additional grinding services was necessary due to the condition of the pavement. For additional information, see Exhibit A which is attached and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $4,350.00 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $4,350.00 (incl. Previous Change Orders) Current Change Order $2,350.00 Applicable WSST Tax on this Change $0 Order Revised Contract Sum $6,700.00 CHANGE ORDER - 1 OF 3 Original Time for Completion 5/3,1/17 (insert date) Revised Time for Completion under n/a prior Change Orders (insert date) Days Required (±) for this Change 0 calendar days Order ......------- Revised Time for Completion 5/31/17 (insert date). Pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF FEINT: By: C L111112­60 By: a re) (signature) Print Name: 0'vm� , "IfAyd Print Name: David A. Brock, P.E. Its 1(141, Its Deputy Director Operations Ma.nager title) DATE: DATE: CHANGE ORDER - 2 OF 3 APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Statewide Parking Lot-76'Grinding CO t/Collins CHANGE ORDER - 3 OF 3 EXHIBIT A PUBLIC WORKS OPERATIONS David Brock, P.E., Deputy Director Operations Manager Phone: 253-856-5600 11.1114�lc F_1( Fax: 253-856-6600 KENT WASH 1 14 G70N Address: 220 Fourth Ave S Kent, WA. 98032-5895 Memorandum Date: 4/25/2017 To: Bill Thomas, Street and Vegetation Manager From: Brent Collins, Field Supervisor Subject: Grinding Services-Change Order Original agreed upon contract was to remove 2" of asphalt and replace with new hot mix asphalt to alleviate the poor road condition as a temporary repair on 76 th Ave. between S 228t' St. and S 212" St. Due to the condition of the pavement, the contractor worked 12.5 hours instead of the anticipated 8 and needed to remove 3" of asphalt instead of the 2" originally believed. Additional charges were incurred resulting in a change order for $3,020.00 over original contracted amount of $4350.00. Statewide Parking Lot SVS 33920 211t' PI SE Auburn, WA 98092 253-630-1956 o41 AC CERTIFICATE OF LIABILITY INSURANCE DATE(MMfD0YYYY) `� 1 3/15/2017 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 RcQ]�ESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I ATANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 CONTACT Terri McDonald ME' HENTSCHELL 6 ASSOC INC PNONE (253)272-1151 AX Nd:(253)272-1225 1436 S. Union Ave. ADDRESS:terrim@hentschell.com INSURE S AFFORDING COVERAGE __ NAIC M Tacoma WA 98405-1925 INSURER A:Continental Western Ins. Co. 110804 INSURED INSURER B ffestchester Surplus Lines Ins Statewide Parking Lot Services, Inc. INSURERC: 33920 211th Place S E INSURERD: INSURER E: Auburn WA 98092 INSURERF: COVERAGES CERTIFICATE NUMBER-GL/AU/XS/POLL/PROF REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADOLPUB POUCY EFF POLICY EXP LTR POLICY NUMBER M MMUDO LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE a OCCUR DAMAGE TO RENTE15— PREMISES(Ea occumPnce S 300,000 X Employers Liability X Y CPA602545123 9/15/2016 9/15/2017 MED EXP(Arty one person) $ 10,000 WA Stop Gap PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE $ 2,000,000 POLICY 7 JE T LOC I PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: Employee Benefits S 1,000,000 AUTOMOBILE LIABILITY COMBINE SINGLE LIMIT _ acddent $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A _ ?ALL AUTOS ED AUTOgULEO X y CPA602545123 9/15/2016 9/15/2017 BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS P oxd0 t_ $ Medical payments $ X UMBRELLA UAB R OCCUR EACH OCCURRENCE $___ 2,000,000 A EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTIONS 10 000 X Y CPA602545123 9/15/2016 9/15/2017 $ WORKEAND EMPLOYERS'LUIBILIITY YIN XCOMPENSATION I STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE WASHINGTON STATE F1110 E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? NIA --.. (Mandatory In NH) E.L.DISEASE-EA EMPLOYE S M yes.describe under E.L.DISEASE-POLICY LIMIT s DESCRIPTIIPTION OF OPERATIONS below E Pollution/Professional G24318060005 9/15/2016 9/15/2017 Aggregate Limit 2,000,000 Deductible $5,000 Occurrence Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached ff more space Is required) RE: Work Performed CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue SO. ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Larry Flynn/TDM �-�y—�r� �f-t ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 oniAnn COMMENTS/REMARKS Blanket Additional Insured applies when called for by written contract or agreement per forms CLCG2071 09 16; CLCG0529 09 16; CLCG0492 09 16; CLCGO020 01 12; CLCA0149 02 15; ENV3100 08 04; ENV3101 08 04 and ENV3143 0305. Excess Follows Form, waiver of subrogation per CLCU2474 09 13 and Primary Non Contributory per CLCU2470 09 16 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Named Insured Endorsement Number Statewide Parking Lot Services, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24318060 005 09/15/2016 to 09/15/2017 09/1512016 ^ated By(Name of Insurance Company) stchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be oompleted only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: f FIName of Person or Organization: t { Any person or organization that is an owner of real property or personal property on which you are performing 1 operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION li -WHO IS AN INSURED is amended to include as an insured the person or organization shown in ,,the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds,the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100(08-04) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 1 Named Insured Endorsement Number Statewide Parking Lot Services, Inc. Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP I G24318060 005 09/15/2016 to 09/15/2017 09/15/2016 Issued By(Name of Insurance Company) ` Westchester Surplus Lines Insurance Company i Insert the poky number. The remainder of the information is to be completed arty when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT-OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II-WHO 1S AN INSURED is amended to include: A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV-3101 (08-04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 PNa Ensured Endorsement Number wide Parking Lot Services, Inc. Symbol Policy Number Policy Period Effective Date of Endorsement G24.418060 005 09/15/2016 to 09/15/2017 09/15/2016 .ed By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insed the policy number. The rem nder of the information is to be completed only when this andorsemem is issued subsNuenf to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Omanization: Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) T'i TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the awing: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143(03-05) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 1 COMMERCIAL AUTO CLCA01490215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies 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- ganization is liable for"bodily injury"or"prop- TIONS erty damage": because of the conduct of an The following is added to Paragraph A.I. Who Is "insured" under Paragraphs a. or b. under An Insured of Section II - Covered Autos Liability Paragraph A.I.Who Is An Insured of Section 11-Covered Autos Liability Coverage, caused Coverage: by an"accident"and resulting from the owner- Any organization you newly acquire or form, other ship, maintenance or use of a covered"auto'; than a partnership,joint venture or limited liability 2. The written contract or agreement described company or any organization excluded either by above must have been executed prior to the this Coverage Part or by endorsement, and over "accident" that caused the "bodily injury" or which you maintain ownership or majority interest "property damage"and be in effect at the time of more than 50 percent will qualify as a Named of such"accident'; Insured. However. The insurance afforded to any such additional 1. This insurance does not apply to any newly ac- 3. �,• quired or formed organization that is an "in- insured"does not apply to any accident„be- sured" under any other automobile policy or yond the period of time required by the written would be an "insured" under such policy but contract or agreement described above; for its termination or the exhaustion of its Limit 4. The most we will pay on behalf of such addi- of Insurance. tional"insured(s)" is the lesser of: 2. Coverage does not apply to "bodily injury" or a. The Limits of Insurance specified in the "property damage" that occurred before you written contract or agreement described acquired or formed the organization. above; or 3. Coverage under this provision is afforded only b. The Limits of Insurance shown in the Dec- until the 180th day after you acquire or form larations. the organization or the end of the policy pe- This provision shall not increase the Limit of riod, whichever is earlier. Insurance shown in the Declarations in this B. ADDITIONAL INSURED BY CONTRACT OR policy or coverage part; and AGREEMENT 5. The following changes are made to Paragraph The following is added to Paragraph A.1., Who Is 5. Other Insurance of B. General Conditions An Insured of Section 11 - Covered Autos Liability under Section IV- Business Auto Conditions: Coverage: a. The following is added to Paragraph 5.a.: When you have agreed in a written contract or If required by the written contract or agreement to include a person or organization as agreement described above, the insur- an additional "insured", such person or organiza- ance afforded to the additional insured un- tion is included as an "insured" subject to the fol- der this provision will be primary to, and lowing: will not seek contribution from, the addi- 1. Such person or organization is an additional tional insured's own insurance. "insured"only to the extent such person or or- b. Paragraph 5.c. is deleted in its entirety. CL CA 0149 02 15 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission 6. Paragraph A.1.c. under Section II - Covered 2. We will also pay reasonable and necessary Autos Liability Coverage is deleted in its en- expenses to facilitate the return of the stolen tirety. "auto"to you. 7. The definition of"insured contract"under Sec- 3. It is agreed and understood and it is our stated tion V-Definitions is amended to add the fol- intent that expenses incurred by you under the lowing: Transportation Expenses Coverage Exten- An "insured contract" does not include that sion will not also be covered or paid under the part of any contract or agreement: Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement That pertains to the ownership, maintenance coverage added by separate endorsement to or use of an "auto" and which indemnifies a this policy. person or organization for other than the vicar- H. EXTENDED COVERAGE-AIRBAGS ious liability of such person or organization for "bodily injury"or"property damage"caused by The following is added to Exclusion B.3.a.of Sec- your operation or use of a covered"auto". tion III - Physical Damage Coverage: However, a person or organization is an addi- However, this exclusion does not apply to the un- tional"insured"under this provision only to the intended discharge of an airbag. extent such person or organization .is not This coverage is excess over any other collectible named as an "insured" by separate endorse- insurance or warranty providing such airbag cov- ment to this policy. erage. C. EMPLOYEES AS INSUREDS I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Paragraph A.I. Who Is The following is added to Section III - Physical An Insured Section II - Covered Autos Liability Damage Coverage, Paragraph C. Limits of Insur- Coverage: ance. Any"employee"of yours is an "insured"while us- ing acovered"auto"you don't own, hire or borrow 4. In the event of a total "loss" to a covered " in your business or your personal affairs. auto", we will pay any unpaid amount due on the lease or loan for a covered"auto", less: D. INCREASED COVERAGE-BAIL BONDS a. The amount under the Physical Damage The Supplementary Payments Coverage Exten- Coverage section of the policy; and sion of Section II-Covered Autos Liability Cover- age is amended as follows: b. Any: The Limit of Insurance in paragraph A.2.a.(2) is (1) Overdue lease/loan payments at the increased to$5,000. time of the"loss' E. INCREASED COVERAGE - LOSS OF EARN- (2) Financial penalties imposed under a INGS lease for excessive use, abnormal wear and tear or high mileage; The Supplementary Payments Coverage Exten- sion of Section II-Covered Autos Liability Cover- (3) Security deposits not returned by the age is amended as follows: lessor; The Limit of Insurance in paragraph A.2.a.(4) is (4) Costs for extended warranties, Credit increased to$1,000_ Life Insurance, Health, Accident or Disability Insurance purchased with F. FELLOW EMPLOYEE COVERAGE the loan or lease; and The Fellow Employee Exclusion contained in Sec- (5) Carry-over balances from previous tion II-Covered Autos Liability Coverage does not loans or leases. apply. This coverage is excess over any other col- J. GLASS REPAIR-NO DEDUCTIBLE lectable insurance. G. COVERAGE EXTENSION -TRANSPORTATION The following is added to Paragraph D.Deductible EXPENSES of Section III-Physical Damage Coverage: Paragraph A.4.a. Transportation Expenses of Any Comprehensive Coverage deductible shown Section III-Physical Damage Coverage is in the Declarations does not apply to "loss" to amended as follows: glass when you elect to patch or repair rather than replace the glass. 1. The Limits of Insurance are increased to $75 K. INCREASED COVERAGE - ELECTRONIC per day to a maximum of$2,500. EQUIPMENT Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 0149 0215 Office, Inc.,with its permission The$1,000 limit indicated in Paragraph C.1.b.un- The following is added to Paragraph A.4. Cover- der Section III - Physical Damage Coverage is in- age Extensions of Section III - Physical Damage creased to$2,500. Coverage: L. EXTENDED COVERAGE - PERSONAL PROP- If hired "autos" are covered "autos" for Covered ERTY Autos Liability Coverage and if Physical Damage The following is added to Paragraph A.4. Cover- Coverage is provided for any"auto"you own,then age Extensions of Section 111 - Physical Damage the Physical Damage coverages provided are ex- tended to "autos" you lease, rent, hire or borrow Coverage: from someone other than your"employees", part- Physical Damage Coverage on a covered "auto" ners or members of their households subject to the may be extended to"loss"to your personal prop- following: erty or, if you are an individual,the personal prop- 1, The most we will pay in any one 'loss" is the erty of a family member, that is in the covered lesser of: "auto" at the time of`loss" and caused by an "ac- cident" and resulting from the ownership, mainte- a. The actual cash value of the"auto'; nance or use of a covered "auto'. b. The cost to repair or replace the"auto'; or The insurance provided by this coverage exten- C. $100,000. sion is excess over any other collectible insur- ance. The most we will pay for any one"loss"un- 2. Paragraph 1.above is subject to a deductible. der this coverage extension is$500. However,our The deductible shall be equal to the amount of payment for"loss"to personal property will only be the highest deductible shown for any owned for the account of the owner of the property. "auto' of the same classification for that cov- Under this provision, personal property does not erage. In the event there is no owned "auto" include and we will not pay for"loss"of currency, of the same classification,the highest deduct- coins,securities or contraband. ible for any owned "auto" will apply for that coverage. No deductible applies to this coverage extension. No deductible will apply to 'loss" caused by M. TOWING fire or lightning. Paragraph A.2. Towing of Section III - Physical 3. Hired Auto Physical Damage Coverage is Damage Coverage, is replaced by the following: subject to the following: If a private passenger type "auto" or light truck a. If symbol 8 is shown in the Covered Auto "auto"(0-10,000 Lbs.GVW)is provided both Com- section of the Declarations page for any of prehensive and Collision Coverage,we will pay up the Physical Damage coverages,then the to $150 for towing and labor costs incurred each Hired Auto Physical Damage coverage time such "auto" is disabled. If a medium, heavy described in this endorsement does not or extra-heavy truck or extra-heavy Truck-tractor apply. "auto"(greater than 10.000 Lbs. GVW)is provided b. Other than indicated in Paragraphs a. di- both Comprehensive and Collision Coverage, we rectly above, coverage provided under will pay up to $250 for towing and labor costs in- this provision will be excess over any curred each time such "auto" is disabled. How- other collectible insurance or coverage. ever, the labor must be performed at the place of disablement. 4. In addition to the limit set forth in Paragraph 1. N. FIRE EXTINGUISHER RECHARGE above we will pay up to $500 per day, to a maximum of$3,500 per"loss"for: The following is added to Paragraph A.4. Cover- a. Any costs or fees associated with the age Extensions of Section IV - Physical Damage `loss"to a hired"auto'; and Coverage: When fire extinguishers are kept in your covered b. Loss of use of the hired"auto", provided it "auto"and any are discharged in an attempt to ex- is the consequence of an "accident" for tinguish a fire, we will pay the lesser of the actual which you are legally liable, and as a re- cost of recharging or replacing such fire extin- sult of which a monetary loss is sustained guisher(s). by the leasing or rental concern. No deductible applies to this coverage However, Paragraph A.4.b. Loss of Use Ex- penses under Section III - Physical Damage Cov- O. HIRED AUTO PHYSICAL DAMAGE COVER- erage of the Business Auto Coverage Form does AGE not apply. P. RENTAL REIMBURSEMENT COVERAGE CL CA 0149 02 15 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission We will pay for rental reimbursement expenses in- (3) Your members or managers, if you curred by you for the rental of an "auto" because are designated in the Declarations as of"loss"to a covered "auto". a limited liability company; 1. Payment applies in addition to the otherwise (4) Your executive officers if you are des- applicable amount of each coverage you have ignated in the Declarations as an or- on the covered "auto". ganization other than an individual, 2. No deductible applies to this coverage. partnership, joint venture or limited li- ability company; and 3. We will pay only for those expenses incurred (6) The spouse of any person named in during the policy period beginning 24 hours af- Paragraphs 1.a.(1). through 1.a.(4) ter the"loss"and ending, regardless of the ex- while a resident of the same house- piration date of the policy, with the lesser of hold; the following number of days: a. The number of days when the covered Except: "auto" has been repaired or replaced, or (a) Any"auto"owned by that individ- b. 45 days. ual or by any member of his or her household. 4. Our payment is limited to the lesser of the fol- (b) Any"auto"used by that individual lowing amounts: or his or her spouse while working a. Necessary and actual expenses incurred; in a business of selling, servicing, or repairing or parking"autos". b. Not more than$75 for any one day; 2. Changes In Auto Medical Payments And 5. We will pay up to an additional $300 for the Uninsured And Underinsured Motorists reasonable and necessary expenses you in- Coverages cur to remove your materials and equipment The following is added to Who Is An Insured: from the covered"auto"and replace such ma- Any individual named in 1.a above and his or terials and equipment on the rental"auto". her"family members"are"insured"while"oc- 6. This coverage does not apply while there are cupying" or while a pedestrian when being spare or reserve "autos" available to you for struck by any"auto"you don't own except: your operations. Any"auto"owned by that individual or by any 7. If"loss"results from the total theft of a covered "family member". "auto"of the"private passenger type", we will 3. Changes In Physical Damage Coverage pay under this coverage only that amount of your rental reimbursement expenses which is Any private passenger type "auto" you don't not already provided for under the Physical own, hire or borrow is a covered "auto"while Damage Coverage Extension of the Business in the care,custody or control of any individual Auto Coverage Form or any endorsements named in Q.1.a. above or his or her spouse thereto while a resident of the same house-hold ex- However, this provision does not apply to the cept: extent that rental reimbursement is provided a. Any"auto" owned by that individual or by by separate endorsement to this policy. any member of his or her household; or Q. DRIVE OTHER CAR COVERAGE b. Any"auto"used by that individual or his or 1. The following is added to Section If - Covered her spouse while working in a business of Autos Liability Coverage: selling, servicing,repairing or parking"au- tos". a. Any "auto" you don't own, hire or borrow 4. The most we will pay for the total of all dam- is a covered "auto"for Liability Coverage ages under Covered Autos Liability Uninsured while being used by: Motorists Coverage and Underinsured Motor- (1) You, if you are designated in the Dec- ists Coverage is the Limit Of Insurance shown larations as an individual; in the Declarations as applicable to owned (2) Your partners or members, if you are "autos". designated in the Declarations as a 5. Our obligation to pay for, repair, return or re- partnership or joint venture; place damaged or stolen property under Phys- ical Damage Coverage, will be reduced by a % deductible equal to the amount of the highest Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 0215 Office, Inc.,with its permission deductible shown for any owned private pas- prejudice the coverage provided to you. However, senger type "auto" applicable to that cover- this provision does not affect our right to collect age. If there are no owned private passenger additional premium or exercise our right of cancel- type "autos", the deductible shall be $250 for lation or nonrenewal. Comprehensive Coverage and $500 for Colli- U. LIBERALIZATION sion Coverage. No deductible will apply to "loss"caused by fire or lightning. If we revise this endorsement to provide greater 6. Additional Definition coverage without additional premium charge, we will automatically provide the additional coverage As used in this DRIVE OTHER CAR Provi- to all endorsement holders as of the day the revi- sion: sion is effective in your state. "Family member" means a person related to the individual named in 1.a. by blood, mar- riage or adoption who is a resident of the indi- vidual's household, including a ward or foster 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"ac- cident", 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 practica- ble S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Sec- tion IV- Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of pay- ments we make for "bodily injury" or "property damage"when you and such person or organiza- tion have agreed in writing in a contract or agree- ment to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or 'loss" resulting in the covered "bodily injury" or"property damage'; and b. Was in effect at the time of the covered"bodily in- jury"or"property damage". 2. The covered "bodily injury" or"property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. 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 CL CA 0149 0215 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 20 7109 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 11 -WHO IS AN INSURED is amended For purposes of this endorsement,throughout to include as an additional insured any person(s) the policy, the terms "you" and "your' refer to or organization(s) when you are obligated by the Named Insured shown in the Declarations. virtue of a written contract or agreement that B. Exclusions such person or organization(s) be added as an additional insured to your policy. With respect to the insurance afforded to these Such person(s) or organization(s) is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to 'bodily injury" and "property injury" or "property damage" or "personal and damage"arising out of: advertising injury"caused, in whole or in part by: 1. The rendering of or failure to render any (1) Acts or omissions of the Named Insured; professional services by you or on your behalf, but only with respect to either or both of the or following operations: (2) The acts or omissions of those acting on a. Providing engineering, architectural or behalf of the Named Insured; surveying services to others in your and included in the "products-completed capacity as an engineer, architect or operations hazard" surveyor; and This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in agreement is: connection with construction work you 1. Currently in effect or becomes effective during perform. the term of this policy; and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other "property damage" or "personal and wrongdoing in the supervision, hiring, advertising injury". employment, training or monitoring of others by that insured, if the'occurrence which caused the However: "bodily injury"or"property damage",orthe offense a. The insurance afforded to such additional which caused the "personal and advertising insured only applies to the extent permitted by injury", involved the rendering of, or the failure to law; and render,any professional architectural, engineering or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured will not be broader than that which you are a. Preparing,approving, or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surveys, field orders, change orders, or drawings and specifications;and CL CG 20 7109 16 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission b. Supervisory or inspection activities D. Other Insurance performed as part of any related For purposes of this endorsement,the following is architectural or engineering activities. added to the Section IV - Commercial General 3. Professional services do not include services Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures contrary: employed by you or performed by or for the This insurance is excess of all other insurance construction manager, its employees or its available to an additional insured whether on a subcontractors in connection with your ongoing operations. primary, excess, contingent or any other basis. But, if required by a written contract or written C. Limits of Insurance agreement to be primary and noncontributory,this With respect to the insurance afforded to these insurance will be primary to and will not seek additional insureds, the following is added to contribution from any insurance on which the Section III -Limits Of Insurance: additional insured is a Named Insured. If coverage provided to the additional insured is No other coverage or limit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage. 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 Limits of Insurance shown in the Declarations. Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 7109 16 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 05 29 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2.a. above, the words caused in ADDITIONAL INSURED - OWNERS, LESSEES whole or in part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS words arising out of. INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section II-Who is An Insured is amended to insured only applies to the extent include as an additional insured any person(s) permitted by law;and or organization(s) for whom you are required d. If coverage provided to the additional by virtue of a written contract or agreement insured is required by a contract or that such person(s) or organization(s) be agreement, the insurance afforded to such added as an additional insured on your policy. additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract insured is limited as follows: or agreement to provide for such additional insured. a. Such person or organization is an e. This insurance ends at the earliest of the additional insured only with, respect to following times: liability for bodily injury", property damage" or "personal and advertising (1) When any Named Insured(s) work injury"caused in whole or in part by: called for in the written contract has (1) Acts or omissions of the Named been completed Insured; or (2) When all of any Named Insured(s) (2) The acts or omissions of those acting work done at a job site has been on behalf of the Named Insured; completed if the written contract calls for work at more than one job site in the performance of the Named Insureds (3) When that part of any Named work for the additional insured(s) specified Insured(s) work done at a job site has in the written contract provided the been put to its intended use by any contract or agreement requires you to person or organization other than the provide the additional insured such Named Insured or those acting on the coverage and is: Named Insured(s) behalf- 1. Currently in effect or becomes Work that may need service, maintenance, effective during the term of this correction, repair or replacement, but is policy; and otherwise complete, will be treated as ii. Was executed prior to the "bodily completed injury", "property damage" or f. This insurance does not apply to any "personal and advertising injury". additional insured scheduled on your b. If the written contract specifically requires policy by separate endorsement. you to provide additional insured coverage g. For purposes of paragraph A. of this via the 10/01 edition of CG2010 (aka CG endorsement, the terms "you" and "your" 20 10 10 01) or via the 11/85 edition of refer to the Named Insured shown in the CG2010 (aka CG 20 10 11 85), then in Declarations. l CL CG 05 29 0916 Includes copyrighted material of Insurance Services Pagel of 3 Office, Inc., with its permission 3. Exclusions b. Available under the applicable Limits of With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply to "bodily injury", "property This endorsement shall not increase the damage' or "personal and advertising injury" applicable Limits of Insurance shown in the arising out of: Declarations. a. The rendering of or failure to render any 5. Other Insurance professional services by you or on your behalf, but only with respect to either or For purposes of this endorsement, the both of the following operations: following is added to the Section IV - (1) Providing engineering, architectural or Commercial General Liability Conditions, 4. surveying services to others in your Other capacity as an engineer, architect or Insurance condition and supersedes any surveyor; and provision to the contrary: (2) Providing, or hiring independent This insurance is excess of all other professionals to provide, engineering, insurance available to an additional architectural or surveying services in insured whether on a primary, excess, connection with construction work you contingent or any other basis. But, if perform. required by a written contract or written agreement to be primary and b. Subject to Paragraph c. below, noncontributory, this insurance will be professional services include: primary to and will not seek contribution (1) Preparing, approving, or failing to from any insurance on which the additional prepare or approve, maps, shop insured is a Named Insured. drawings, opinions, reports, surveys, No other coverage or limit in the policy field orders, change orders, or applies to loss or damage insured by this drawings and specifications; and coverage. (2) Supervisory or inspection activities B. The following coverage is added: performed as part of any related CONTRACTUAL LIABILITY-RAILROADS architectural or engineering activities. c. Professional services do not include 1. With respect to operations performed for a services within construction means, Railroad within 50 feet of railroad property, the �, methods, techniques, sequences and definition of "insured contract in Section V - procedures employed by you or performed Definitions is replaced by the following: by or for the construction manager, its 9. "Insured Contract"means: employees or its subcontractors in connection with your ongoing operations. a. A contract for a lease of premises. However, that portion of the contract This exclusion applies even if the claims for a lease of premises that against any insured allege negligence or other indemnifies any person or wrongdoing in the supervision, hiring, organization for damage by fire to employment, training or monitoring of others premises while rented to you or by that insured, if the "occurrence" which temporarily occupied by you with caused the "bodily injury" or "property permission of the owner is not an damage", or the offense which caused the "insured contract"; "personal and advertising injury", involved the rendering of, or the failure to render, any b. A sidetrack agreement; professional architectural, engineering or c. Any easement or license agreement; surveying services. d. An obligation, as required by 4. Limits of Insurance ordinance, to indemnify a municipality, With respect to the insurance afforded to these except in connection with work for a additional insureds, the following is added to municipality; Section III -Limits-Of Insurance: e. An elevator maintenance agreement; If coverage provided to the additional insured f. That part of any other contract or is required by a contract or agreement, the agreement pertaining to your business most we will pay on behalf of the additional (including an indemnification of a insured is the amount of insurance: municipality in connection with work a. Required by the contract or agreement; or performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services CL CG 05 29 0916 Office, Inc., with its permission which you assume the tort liability of pay settlements or judgments will be reduced, and another party to pay for "bodily injury" may be exhausted, by defense expenses. or property damage" to a third person The following is added to paragraph 14. "Personal or organization. Tort liability means a and advertising injury"SECTION V- liability that would be imposed by law DEFINITIONS OF COMMERCIAL GENERAL in the absence of any contract or LIABILITY COVERAGE FORM: agreement. Paragraph f. does not include that part h. "Non-employment discrimination" means of any contract or agreement: violation of a person's civil rights with (1) That indemnifies an architect, respect to such person's race, color, engineer or surveyor for injury or national origin, religion, gender, marital damage arising out of: status, age, sexual orientation or preference, physical or mental condition, (a) Preparing, approving or failing or any other protected class or to prepare or approve maps, characteristic established by any federal, shop drawings, opinions, state or local statutes, rules or regulations. reports, surveys, field orders, "Non-employment discrimination"does not change orders or drawings include violation of civil rights arising out of and specifications; or past, present or prospective employment. (b) Giving directions or Any obligation to the insured to pay "non- instructions, or failing to give employment discrimination" liability damages them, if that is the primary on your behalf applies only to the amount of cause of the injury or damage; damages in excess of $5,000 deductible as (2) Under which the insured, if an the result of any one offense regardless of the architect, engineer or surveyor, number of persons or organizations who assumes liability for an injury or sustain damages because of the offense. damage arising out of the The most we will pay for all damages for"non- insured's rendering or failure to employment discrimination" is $15,000 annual render professional services, aggregate. No other liability to pay sums or including those listed in Paragraph perform acts or services is covered. (1) above and supervisory, Supplementary Payments -Coverage A and inspection, architectural or B do not apply to non-employment engineering activities. discrimination. 2. Other Insurance D. AGGREGATE LIMITS OF INSURANCE For purposes of this endorsement, the The General Aggregate Limit under SECTION III - following is added to the Section IV- LIMITS OF INSURANCE applies separately to Commercial General Liability each of your: Conditions, 4. Other Insurance condition and supersedes any provision to the 1. Projects away from premises owned by or contrary: rented to you. This insurance is excess of all other 2. "Locations"owned by or rented to you. insurance that is Railroad Protective Liability or similar coverage for"your work" "Location" means premises involving the same performed for a Railroad. But, if required or connecting lots, or premises whose by a written contract or written agreement connection is interrupted only by a street, to be primary and noncontributory, this roadway, waterway or right-of-way of a insurance will be primary to and will not railroad. seek contribution from any insurance on When paragraph B. Construction Project which the Railroad is a Named Insured. General Aggregate Limit on form CL CG 00 20 is No other coverage or limit in the policy a part of this policy, then this endorsement applies to loss or damage insured by this CL CG 05 29 paragraph D. Aggregate Limits Of coverage. Insurance does not apply. 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 CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CLCG00200112 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 (3) and (4) 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 III-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 "sults" 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 promptly reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE UMIT 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the"products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making claims or bringing "suits" CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page I of 4 Office, Inc., with its permission c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project away from premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Construction Project General Aggregate Limit. 3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury"or"property damage"included in the"products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit 4. If the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. C. LIMITED JOB SITE POLLUTION 1, Exclusion f. under Section I-Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily in or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (a) 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 (b) 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(b)does not apply to"bodily injury"or"property damage"arising out of heat, smoke or fumes from a"hostile fire". (2) Any loss, cost or expense arising out of any: (a) 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, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of,"pollutants';or Page 2 of 4 includes copyrighted material of Insurance Services CL CG 00 20 01112 Office, Inc.,with its permission (b) 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 T,of Limits Of Insurance (Section 111) does not apply, c. Paragraph 1.of Section III-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: (1) insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making claims or bringing"suits". d. The following are added to Section III-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 must 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 j.(3),(4),(5)and (6)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 III - 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$15,000. 2. Unless a higher limit is shown in the Deciarabons, the most we will pay for all covered "occurrences"during any one policy period is$16,000 Aggregate Limit of insurance. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 3 of 4 Office, Inc.,with its permission 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 amount of damages 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 promptly 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. (2) Subparagraphs (1)and (2)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: 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: (1) Grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work;or (2) 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. Page 4 of 4 includes copyrighted material of Insurance Services CL CG 00 20 0112 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT 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 Leakage From Automatic Fire Protective Systems) 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 Coverage H. Who Is An Insured—Amendment Included 1. 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 specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement. This endorsement applies only if a. The written contract or written agreement such Coverage Part is included in this policy. is: A. MISCELLANEOUS ADDITIONAL INSUREDS (1) Currently in effect or becoming 1. Section II —Who Is An Insured is amended effective during the term of this to include as an insured any person or policy; and organization (referred to as an additional (2) Fully executed by you and the insured below) described in Paragraphs additional insured prior to the "bodily A.1.c.(1) through A.1.c.(8) below when you ,� , and such person or organization have agreed injury", property damage or "per- and and advertising injury". in writing in a contract or agreement that such person or organization be added as an CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of does not apply to any person or such additional insured. organization included as an additional (4) Lessor Of Leased Equipment insured by a separate endorsement issued by us and made a part of this Any person(s) or organization(s) policy or coverage part. from whom you lease equipment but c. Only the following persons or organi- only with respect to liability for"bodily zations are additional insureds under this injury", "property damage" or "per- provision, with coverage for such sonal and advertising injury" caused, additional insureds limited as provided in whole or in part, by your herein: maintenance, operation or use of equipment leased to you by such (1) Managers Or Lessors Of Premises person(s) or organization(s). A manager or lessor of premises but A person's or organization's status only with respect to liability arising as an additional insured under this out of the ownership, maintenance or endorsement ends when their written use of that part of the premises contract or written agreement with leased to you and subject to the you for such leased equipment ends. following additional exclusions: This insurance does not apply to any This insurance does not apply to: "occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires. place after you cease to be a (5) State, Municipality, Governmental tenant in that premises. Agency Or Subdivision Or Other (b) Structural alterations, new con- Political Subdivision — Permits Or struction or demolition operations Authorizations Relating To performed by or on behalf of Premises such additional insured. Any state, municipality, govern- (2) Mortgagee,Assignee Or Receiver mental agency or subdivision or other political subdivision subject to A mortgagee, assignee, or receiver the following additional provisions: but only with respect to their liability (a) This insurance applies only with as mortgagee, assignee, or receiver and arising out of the ownership, respect to: maintenance, or use of a covered (i) The following hazards for premises by you. which the state, municipality, This insurance does not apply to governmental agency or subdivision or other political structural alterations, new con- n has issued a struction or demolition operations permit subdivision authorization is performed by or on behalf of such additional insured. connection with premises you own, rent or control and (3) Owners Or Other Interests From to which this insurance Whom Land Has Been Leased applies: An owner or other interest from (1.1) The existence, whom land has been leased to you maintenance, repair, but only with respect to liability construction, erection arising out of the ownership, mainte- or removal of adver- nance or use of that part of the land tising signs, awnings, leased to you and subject to the canopies, cellar following additional exclusions: entrances, coal holes, This insurance does not apply to: driveways, manholes,marquees, hoist away (a) Any "occurrence" which takes openings, sidewalk place after you cease to lease vaults, street banners that land. or decorations and (b) Structural alterations, new con- similar exposures; or struction or demolition operations CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators;or (1) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a written contract or written (ii) Operations performed by you agreement. This exclusion or on your behalf for which does not apply to liability for the state, municipality, damages that the vendor governmental agency or would have in the absence of subdivision or other political the written contract or written subdivision has issued a agreement; permit or authorization. (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury', "property dam- thorized by you; age"or"personal and advertising (III)Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political (iv) Repackaging, except when subdivision. unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organization(s)with demonstration, testing, or the a controlling interest in the Named substitution of parts under Insured but only with respect to their instructions from the manu- liabilit arising out of: facturer, and then y g repackaged in the original (a)Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the vendor has agreed to make This insurance does not apply to pp y or normally undertakes to structural alterations, new con- make in the usual course of struction or demolition operations business, in connection with performed by or for such person(s) the distribution or sale of the or organization(s). products; (7) Co-Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises. the sale of the product; (8) Vendors (vii) Products which, after distri- bution or sale (a) Any person(s) or organization(s) been labeled orr you, have relabeled or (referred to as vendor), but only used as a container, part or with respect to "bodily injury" or ingredient of any other thing "property damage" arising out of or substance by or for the ,.your products" which are vendor; or distributed or sold in the regular course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (viii)"Bodily injury" or "property 3. With respect to the insurance afforded to the damage" arising out of the additional insureds within this Provision A. sole negligence of the Miscellaneous Additional Insureds, the vendor for its own acts or following is added to Section III — Limits Of omissions or those of its Insurance: employees or anyone else The most we will pay on behalf of the acting on its behalf. How- additional insured is the amount of insurance: ever, this exclusion does not apply to: a. Required by the written contract or (1.1) The exceptions written agreement; or contained in Sub- b. Available under the applicable Limits Of paragraphs (iv) or (vi); Insurance shown in the Declarations; or whichever is less. (1.2) Such inspections, ad- justments, tests or This endorsement shall not increase the the applicable Limits Of Insurance shown in the servicing tas o vendor has agreed to Declarations. make or normally B. EXPECTED OR INTENDED INJURY OR undertakes to make in DAMAGE the usual course of business, in can- Exclusion 2.a. Expected Or Intended Injury of business, n with the Section I — Coverage A — Bodily Injury And nectiodistribution it sale a Property Damage Liability is deleted and the products. replaced by the following: (b) This insurance does not apply to a. Expected Or Intended Injury Or Damage any insured person or organi- "Bodily injury"or"property damage"expected zation, from whom you have or intended from the standpoint of the acquired products, or any insured. This exclusion does not apply to ingredient, part or container, "bodily injury" or "property damage" resulting entering into, accompanying or from the use of reasonable force to protect containing such products. persons or property. 2. With respect to coverage provided by this C. KNOWLEDGE OF OCCURRENCE Provision A. Miscellaneous Additional Insureds, the following additional provisions Paragraph 2.a. Duties In The Event Of apply: Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions a. Any insurance provided to an additional is deleted and replaced by the following: insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does a. You must see to it that we are notified as not apply: soon as practicable of an "occurrence" or an offense which may result in a claim only (1) To "bodily injury" or "property when the "occurrence" or offense is known damage" included within the to: "products-completed operations hazard'; or (1) You, if you are an individual; 2 To "bodily injury", "property damage" (2) A partner, if you are a partnership; { ) Y � jrY"� 'P P Y 9 or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company; or such additional insured. (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the (i) How, when and where the "occurrence" written contract or written agreement. or offense took place; CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses; and lightning, explosion, "smoke", or leakage from automatic fire protective systems, (iii)The nature and location of any injury or while rented to you or temporarily damage arising out of the "occurrence" occupied by you with permission of the or offense. owner. D. LEGAL LIABILITY — DAMAGE TO PREMISES This limit will apply to all damage RENTED TO YOU (Fire, Lightning, Explosion, proximately caused by the same event, Smoke, Or Leakage From Automatic Fire whether such damage results from fire, Protective Systems) lightning, explosion, "smoke", leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any part, then the following provisions apply: combination thereof. 1. Under Section I — Coverage A — Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Injury And Property Damage Liability, the Other Insurance of Section IV — last paragraph (after the exclusions) is Commercial General Liability Conditions deleted and replaced by the following: is deleted and replaced by the following: Exclusions c.through n.do not apply to dam- (ii) That is fire, lightning, explosion, "smoke" age by fire, lightning, explosion, "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner; permission of the owner. A separate limit of 5. Subparagraph a. of Definition 9. "Insured insurance applies to this coverage as contract" of Section V — Definitions is described in Section III — Limits Of deleted and replaced by the following.- Insurance. a. A contract for a lease of premises. 2. The paragraph immediately after Sub- However, that portion of the contract for paragraph j.(6) of Paragraph 2. Exclusions a lease of premises that indemnifies any of Section I — Coverage A — Bodily Injury person or organization for damage by And Property Damage Liability is deleted fire, lightning, explosion, "smoke" or and replaced by the following: leakage from automatic fire protective Paragraphs (1), (3) and (4) of this exclusion systems to premises while rented to you do not apply to "property damage" (other or temporarily occupied by you with than damage by fire, lightning, explosion, permission of the owner is not an "smoke", or leakage from automatic fire "insured contract". protective systems) to premises, including 6_ As used in this Provision D. Legal Liability— the contents of such premises, rented to you Damage To Premises Rented To You: for a period of seven or fewer consecutive days. A separate limit of insurance applies to "Smoke" does not include smoke from Damage To Premises Rented To You as agricultural smudging, industrial operations described in Section III — Limits Of or"hostile fire". Insurance. E. MEDICAL PAYMENTS 3. Paragraph 6. of Section III — Limits Of If Coverage C — Medical Payments is not Insurance is deleted and replaced by the otherwise excluded from this policy or coverage following: part, the Medical Expense Limit is changed, 6. Subject to Paragraph 5. above, the subject to the terms of Section III — Limits Of greater of: Insurance,to the greater of: a. $300,000;or a. $10,000; or b. The Damage To Premises Rented b. The Medical Expense Limit shown in the To You Limit shown in the Declarations. Declarations, F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage Subparagraph f.(1) of Definition 12. "Mobile A for damages because of "property equipment"of Section V—Definitions is deleted damage' to premises while rented to and replaced by the following: CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of partnership or limited liability company 1,000 pounds or more and designed primarily are the same or similar to the operations for: of insureds already covered under this (a) Snow removal; insurance; (b) Road maintenance, but not construction (v) Coverage only applies for those limited or resurfacing; or liability companies who have established a date of formation as recorded within (c) Street cleaning; the filed state articles of organization, G. NEWLY FORMED OR ACQUIRED ORGANIZA- certificates of formation or certificates of TION, PARTNERSHIP OR LIMITED LIABILITY organization; and COMPANY AND EXTENDED PERIOD OF (vi) Coverage only applies for those part- COVERAGE nerships who have established a date of Paragraph 3. of Section II —Who Is An Insured formation as recorded within a written is deleted and replaced by the following: partnership agreement or partnership certificate. 3. Any organization you newly acquire or form, H. WHO IS AN INSURED—AMENDMENT other than a joint venture, and over which you maintain ownership or: The last paragraph of Section II — Who Is An a. Majority interest of more than 50% if you Insured is deleted and replaced by the following: are a corporation; No person or organization is an insured with b. Majority interest of more than 50% as a respect to the conduct of any: general partner of a newly acquired or a. Current partnership or limited liability formed partnership; and/or company, unless otherwise provided for c. Majority interest of more than 50% as an under Paragraph 3. of Section II — Who Is owner of a newly acquired or formed An Insured; limited liability company; b. Current joint venture; or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company; organization. However, for these organiza- that is not shown as a Named Insured in the tions: Declarations. (i) Coverage under this provision is afforded I. NON-OWNED WATERCRAFT only until the next anniversary date of this policy's effective date after you Subparagraph (2) of Exclusion 2.g. Aircraft, acquire or form the organization, Auto Or Watercraft of Section I — Coverage A partnership or limited liability company, —Bodily Injury And Property Damage Liability or the end of the policy period, whichever is deleted and replaced by the following: is earlier; (2) A watercraft you do not own that is: (ii) Section I— Coverage A— Bodily Injury (a) Less than 51 feet long; and And Property Damage Liability does not apply to "bodily injury" or "property (b) Not being used to carry persons or damage" that occurred before you property for a charge. acquired or formed the organization, J. SUPPLEMENTARY PAYMENTS—INCREASED partnership or limited liability company; LIMITS (ill) Section I — Coverage B — Personal And Advertising Injury Liability does Section I — Supplementary Payments — not apply to "personal and advertising Coverages A And B is changed as follows: injury" arising out of an offense 1. The limit shown in Paragraph 1.b. for the committed before you acquired or formed cost of bail bonds is changed from $250 to the organization, partnership or limited $3,000; and liability company; 2. The limit shown in Paragraph 1.d. for loss of (iv) Coverage applies only when operations earnings because of time off from work is of the newly acquired organization, changed from $250 a day to$1,000 a day. CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- M. LIBERALIZATION CLAUSE TIONAL ERROR IN DISCLOSURE The following is added to Section IV The following provision is added to Paragraph 6. Commercial General Liability Conditions: Representations of Section IV — Commercial If we adopt a mandatory attachment form change General Liability Conditions: which broadens coverage under this edition of However, the unintentional omission of, or the Commercial General Liability CG0001 for no unintentional error in, any information given or additional charge, and those changes are provided by you shall not prejudice your rights intended to apply to all insureds under this edition under this insurance. of CG0001, that change will automatically apply This provision does not affect our right to collect to your insurance as of the date we implement additional premium or to exercise our right of the change in your state. This liberalization cancellation or non-renewal. clause does not apply to changes implemented through introduction of a subsequent edition of L. WAIVER OF TRANSFER OF RIGHTS OF the Commercial General Liability form CG0001. RECOVERY AGAINST OTHERS N. INCIDENTAL MEDICAL MALPRACTICE The following is added to Paragraph 8. Transfer 1. Paragraph 2.a.(1)(d) of Section II — Who Is Of Rights Of Recovery Against Others To Us An Insured does not apply to a physician, of Section IV — Commercial General Liability nurse practitioner, physician assistant, nurse, Conditions: emergency medical technician or paramedic We waive any right of recovery we may have employed by you if you are not in the against any person or organization because of business or occupation of providing medical, payments we make for injury or damage arising paramedical, surgical, dental, x-ray or out of your ongoing operations or"your work"and nursing services. included in the "products-completed operations 2. This provision is excess over any other valid hazard" when you have agreed in a written and collectible insurance whether such contract or written agreement that any right of insurance is primary, excess, contingent or recovery is waived for such person or organization. This waiver applies only to the on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — person(s) or organization(s) agreed to in the written contract or written agreement and is Commercial General Liability Conditions. subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the"bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy,then this waiver does not apply. CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission Dacum¢nh ediUone�09/01liS j Ot10!!t3 _ Seddey North Pacific Group I Forms 39/01116 ADDITIONAL INSURED - PRIMARY NON CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 5.Other Insurance of SECTION IV-CONDITIONS,COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Is replaced with the following' 6.0 0 Other Insurance a.0 0 This insurance Is excess over,and shall not eorttinbuts with any of the other insurance,whether primary, excess, contingent or on any other basis except as shaven under 5.c.betow.0 This condition will not apply to insurance specifically written as excess over this Coverage Part. Man this insurance is excess,we will have no duty under Coverages A or B to defend the insured against any"suit"if any other insurer has a duty to defend the insured against that"suit.❑ If no other insurer defends,we wtA undertake to do so,but we will be entitled to the insured-0s rights against all those other Insurers.0 b.0 0 When thls insurance is excess over other insurance,we wtli pay only our share of the"upimate not loss"that exceeds the sum of. (1)0 The total amount that all such other Insurance would pay for the loss in the absence of this insurance;and (2)0 The total of ell deductible and setf-insured amounts under all that other insurance. c.0 0 The insurance is excess of all other Insurance available to an additional Insured whether on a primary,excess,contingent or any other basis.0 But if required by a written contract or written agreement to be primary and noncontributory,this insurance will be prmary 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. :or"North Peofrc Group 10/24/2016 'r COMMERCIAL LIABILITY UMBRELLA CL CU 24 74 0913 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract requiring such waiver with that person or organization and included in the"products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request,the insured will bring"suit"or transfer those rights to us and help us enforce those rights. CL CU 24 74 09 13 includes coovdohted material of Insurance Services PaQe 1 of 1