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PW18-010 - Amendment - #1 - Interactive Pipe Inspection - S 228th St UP Grade Separation Pipe Inspection Services - 12/09/2020
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Interactive Pipe Inspection CONTRACT NAME & PROJECT NUMBER: S. 228th St. UP Grade Separation ORIGINAL AGREEMENT DATE: January 8, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1. 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, the Consultant or Vendor shall: No change to the scope of work, however an amendment is necessary to extend the time of completion to December 31, 2021 due to the project is still under construction and inspection services may be necessary. 2. The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $16,500 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $16,500 Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $16,500 Carla Maloney 12-9-2020 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Western National Mutual Insurance Co. Ohio Security Insurance Company Crum & Forster Specialty Insurance 7/21/2020 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 Lauri Margeson 800 499-0933 866 577-1326 Lauri.Margeson@propelinsurance.com IPI, Inc. Insta-Pipe, Inc. 2520 50th Ave SW Tumwater, WA 98512-8108 15377 24082 44520 A X X X PD Ded:1,000 X CPP1238500 05/17/2020 05/17/2021 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 A X X X CPP123659400 05/17/2020 05/17/2021 1,000,000 A X X 10,000 UMB104036500 05/17/2020 05/17/2021 5,000,000 5,000,000 B N XWS56110659 (MO & ID) 05/09/2020 05/09/2021 X 1,000,000 1,000,000 1,000,000 C Professional Liab EEO103768 12/05/2019 05/17/2021 $5,000,000 Each / Agg. $10,000 Deductible RE: Contract - S. 228th St. UP Grade Separation. City of Kent is named as an additional insured per the attached endorsements. City of Kent 220 4th Ave S Kent, WA 98032 1 of 1 #S4213660/M4134198 INSTPIPEClient#: 88321 CLJ02 1 of 1 #S4213660/M4134198 This page has been left blank intentionally. Issued Date: Forms and Endorsements Applicable to this Policy See Forms and Endorsements Schedule LIMITS OF INSURANCE $ $ $ $ $ $ LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY Refer to attached schedule. CLASSIFICATIONS Refer to attached schedule. General Aggregate Limit (Other than Products-Completed Operations) Products - Completed Operations Aggregate Limit Each Occurrence Limit Personal and Advertising Injury Limit, any one person or organization Medical Expense Limit, any one person Damage to Premises Rented to you, any one premises DISCLOSURE OF PREMIUM: Policy Period: Policy # From To Transaction 12:01 A.M. standard time at the Named Insured's mailing address. Insured Name and Address Agent Telephone: Group # COMMERCIAL GENERAL LIABILITY COVERAGE PART Business Description Type of Business Audit Period Page Billing Type IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. The portion of your annual premium attributable to coverage for certified acts of terrorism is $ PREMIUM FOR THIS COVERAGE PART 08/27/2020 2,000,000 2,000,000 1,000,000 1,000,000 5,000 1,000,000 0001158268 CPP 1238385 00 MAY 17, 2020 MAY 17, 2021 AMENDED DECLARATION Effective: AUGUST 17, 2020 $0.00 IPI INC 855 TROSPER RD SW STE 108 109 TUMWATER WA 98512-8108 09754PROPEL INSURANCE 1201 PACIFIC AVE STE 1000 TACOMA, WA 98402-4321 253-759-2200 PIPE BURSTING/REPLACEMENT CONT CORPORATION ANNUAL Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com 7 of 19 Additional/Return Premium Due: DIRECT AGENT COPY REJECTED A Mutual Company WN GL 06 07 07 Extension of Declarations --Total Advance Annual Premium LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: PREMIUM Classification Code No. Exposure Prem/Ops. Prod/Comp Rate Ops. Prem.Ops. Prod/Comp Ops. Advance Premium Location Base* COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number: Named Insured: Issued Date: Premium Page * = Each * * - T - S * * * - P - M - C * - E * = Total Cost = Area- A = Total Operating Expenses = See Classification Notes - O = Units = Gross Sales * = Payroll = Admissions - U 001 2520 50TH AVE TUMWATER WA 98512 002 5017 JOPPA ST TUMWATER WA 98512 001 98820 P 35.946 SEWER MAINS OR CONNECTIONS CONSTRUCTION 001 91581 C 2.971 CONTRACTORS-SUB WORK-IN CONNECTION W/ CONSTR-NOT BLDGS {NOC} 001 91590 P 15.477 CONTRACTORS PERMANENT YARDS-MAINTENANCE OR STORAGE OF EQUIPM "Products - completed operations are subject to the General Aggregate Limit" 001 98482 P 15.631 PLUMBING-COMMERCIAL AND INDUSTRIAL Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com AMENDED DECLARATION IPI INC AGENT COPY 08/27/2020 8 of 19 If Any CPP 1238385 00 INCL INCL WN GL 06 07 07 Extension of Declarations --Total Advance Annual Premium LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: PREMIUM Classification Code No. Exposure Prem/Ops. Prod/Comp Rate Ops. Prem.Ops. Prod/Comp Ops. Advance Premium Location Base* COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number: Named Insured: Issued Date: Premium Page * = Each * * - T - S * * * - P - M - C * - E * = Total Cost = Area- A = Total Operating Expenses = See Classification Notes - O = Units = Gross Sales * = Payroll = Admissions - U 001 92663 If Any P 2.852 ENGINEERS OR ARCHITECTS-CONSULTING-NOT ENGAGED IN ACTUAL CON "Products - completed operations are subject to the General Aggregate Limit" 001 98813 P 15.114 SEWER CLEANING 001 49451 T 1.936 VACANT LAND - OTHER THAN NOT-FOR-PROFIT "Products - completed operations are subject to the General Aggregate Limit" 001 91585 C 3.416 CONTRACTORS-SUB WORK-IN CONNECTION W/ CONSTR OF BLDGS {NOC} Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com AMENDED DECLARATION IPI INC AGENT COPY 08/27/2020 9 of 19 If Any If Any CPP 1238385 00 INCL INCL INCL INCL WN GL 06 07 07 Extension of Declarations --Total Advance Annual Premium LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: PREMIUM Classification Code No. Exposure Prem/Ops. Prod/Comp Rate Ops. Prem.Ops. Prod/Comp Ops. Advance Premium Location Base* COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number: Named Insured: Issued Date: Premium Page * = Each * * - T - S * * * - P - M - C * - E * = Total Cost = Area- A = Total Operating Expenses = See Classification Notes - O = Units = Gross Sales * = Payroll = Admissions - U 001 98820 P 14.399 SEWER MAINS OR CONNECTIONS CONSTRUCTION 001 91581 C 2.227 CONTRACTORS-SUB WORK-IN CONNECTION W/ CONSTR-NOT BLDGS {NOC} 001 98482 P 27.957 PLUMBING-COMMERCIAL AND INDUSTRIAL 001 98813 P 8.338 SEWER CLEANING Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com AMENDED DECLARATION IPI INC AGENT COPY 08/27/2020 10 of 19 If Any If Any CPP 1238385 00 WN GL 06 07 07 Extension of Declarations --Total Advance Annual Premium LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: PREMIUM Classification Code No. Exposure Prem/Ops. Prod/Comp Rate Ops. Prem.Ops. Prod/Comp Ops. Advance Premium Location Base* COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number: Named Insured: Issued Date: Premium Page * = Each * * - T - S * * * - P - M - C * - E * = Total Cost = Area- A = Total Operating Expenses = See Classification Notes - O = Units = Gross Sales * = Payroll = Admissions - U 001 91585 If Any C 2.854 CONTRACTORS-SUB WORK-IN CONNECTION W/ CONSTR OF BLDGS {NOC} Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com AMENDED DECLARATION IPI INC AGENT COPY 08/27/2020 11 of 19 CPP 1238385 00 WN GL 06 07 07 Issued Date: COMMERCIAL GENERAL LIABILITY Loc St Terr Code Premium Base Per Cov Premium Classification Description Exposure Rate CLASSIFICATION SCHEDULE Policy Number: Named Insured: PageAGENT COPY 08/27/2020 000 WA 502 92100 Each EBL EMPLOYEE BENEFITS LIABILITY 000 WA 44444 N/A GLENH GENERAL LIABILITY ENHANCEMENT WNGL39 - GENERAL LIABILITY ENHANCEMENT ENDORSEMENT 000 WA 502 44444 1000 VOLPD VOLUNTARY PROPERTY DAMAGE WNGL04 - VOLUNTARY PROPERTY DAMAGE 001 WA 502 49950 N/A ADDINS ADDL INSURED CLASS CODE 001 WA 44444 N/A DLAGG CG2503 - DESIGNATED CONSTRUCTION PROJECT(S) 001 WA 44444 N/A DLAGG CG2504 - DESIGNATED LOCATION(S) 001 WA 502 98820 PAYROLL 1000 EMPLL SEWER MAINS OR CONNECTIONS CONSTRUCTION CG0442 - STOP GAP -EMPLOYERS LIABILITY 001 WA 502 91590 PAYROLL 1000 EMPLL CONTRACTORS PERMANENT YARDS-MAINTENANCE OR STORAGE OF EQUIPM CG0442 - STOP GAP -EMPLOYERS LIABILITY CPP 1238385 00 AMENDED DECLARATION IPI INC Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com 12 of 19WN GL 06 07 07 WNGL139 - ADDITIONAL INSURED Issued Date: COMMERCIAL GENERAL LIABILITY Loc St Terr Code Premium Base Per Cov Premium Classification Description Exposure Rate CLASSIFICATION SCHEDULE Policy Number: Named Insured: PageAGENT COPY 08/27/2020 001 WA 502 98482 PAYROLL 1000 EMPLL PLUMBING-COMMERCIAL AND INDUSTRIAL 001 WA 502 92663 PAYROLL 1000 EMPLL ENGINEERS OR ARCHITECTS-CONSULTING-NOT ENGAGED IN ACTUAL CON CG0442 - STOP GAP -EMPLOYERS LIABILITY 001 WA 502 98813 PAYROLL 1000 EMPLL SEWER CLEANING CG0442 - STOP GAP -EMPLOYERS LIABILITY 001 WA 502 49451 SEE CLASS NOTES Unit EMPLL VACANT LAND - OTHER THAN NOT-FOR-PROFIT CG0442 - STOP GAP -EMPLOYERS LIABILITY 001 WA 44444 N/A FDLL DAMAGE TO PREMISES RENTED TO YOU CPP 1238385 00 AMENDED DECLARATION IPI INC Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com 13 of 19 CG0442 - STOP GAP -EMPLOYERS LIABILITY WN GL 06 07 07 Named Insured: Policy Number: Named Insured: Cyber Liability Coverage Period: Retroactive Date: Cyber Liability Limits: Page $ Network Asset Protection Coverage TM Privacy Regulatory Defense and Penalties Cyber Terrorism Coverage $ Each "claim" $ Cyber Extortion Coverage $ $ $ Each "claim" Expenses and Customer Support and Credit PCI DSS Assessment Coverage Coverage Multimedia Liability Coverage Monitoring Expenses Coverage Cyber Crime Coverage Sublimit Each "claim" Each "claim" Security and Privacy Liability Coverage $ $ $ Each "claim" Each "claim" Each "claim" Coverage Limits Privacy Breach Response Costs, Notification BrandGuard Coverage $ Each "claim" Each "claim" $Aggregate Limit PREMIUM FOR THIS CYBER LIABILITY FORM *Included in General Liability premium CYBER LIABILITY SUPPLEMENTAL DECLARATIONS (Claims-Made and Reported Coverage) DISCLOSURE REGARDING DEFENSE WITHIN LIMITS DEFENSE COSTS PAID UNDER THE CYBER LIABILITY ENDORSEMENT WILL BE INCLUDED WITHIN, AND MAY COMPLETELY EXHAUST, THE LIMITS OF LIABILITY SHOWN BELOW. From MAY 17, 2020 to MAY 17, 2021, both days at 12:01 a.m. local standard time at your mailing address shown on the Declarations Page of this policy. The limits of liability for the coverage provided under the Cyber Liability Endorsement are shown below. Such limits are in addition to, and will not erode, the limits of liability provided elsewhere under this Policy. Issue Date: Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com CPP 1238385 00 IPI INC AMENDED DECLARATION IPI INC 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 5,000 AGENT COPY 14 of 19 08/27/2020 MAY 17, 2020 WN GL 111 12 18 100,000 LOCATION ADDRESS SCHEDULE Policy Number: Named Insured: CPP 1238385 00 AMENDED DECLARATION IPI INC Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com Prem #001 2520 50TH AVE TUMWATER, WA 98512 Prem #002 5017 JOPPA ST TUMWATER, WA 98512 Issued Date: Page 08/27/2020 AGENT COPY 15 of 19WN IL 27 07 07 SUB-LOCATION ADDRESS SCHEDULE Policy Number: Named Insured: CPP 1238385 00 AMENDED DECLARATION IPI INC Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com Prem #001 Bldg #001 SHOP Prem #001 Bldg #002 SHOP Prem #001 Bldg #003 OFFICE Prem #002 Bldg #001 1 BAY W/OFFICE Issued Date: Page 08/27/2020 AGENT COPY 16 of 19WN IL 28 07 07 Named Insured: Policy Number: NAMED INSURED SCHEDULE It is hereby understood and agreed that the named insured shall read: Western National Mutual Insurance Company4700 West 77th Street Edina, MN 55435 CPP 1238385 00 IPI INC AMENDED DECLARATION www.wnins.com IPI INC MAKALI INVESTMENTS LLC INTERACTIVE PIPE INC INSTA-PIPE INC PIPE EXPERTS LLC UV WIZARDS INC 3 MKJ CONSULTING LLC MOTIVO GROUP INC Page Issued Date:08/27/2020 17 of 19AGENT COPYWN IL 06 07 07 FORMS AND ENDORSEMENTS SCHEDULE Coverage Line Form Number Ed. Date Description Policy Number: Named Insured: CPP 1238385 00 AMENDED DECLARATION IPI INC Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 www.wnins.com Commercial Fire IL0123 (11/13)WA Changes - Defense Costs Commercial Fire IL0146 (08/10)WA Common Policy Conditions Commercial Fire IL0157 (07/02)WA Changes Actual Cash Value Commercial Fire IL0935 (07/02)Excl of Certain Computer Relat Commercial Fire IL0953 (01/15)Exclusion of Cert Acts Terror Commercial Fire IL0983 (01/08)WA Amendment of Terrorism Excl Commercial Fire IL0995 (01/07)Conditional Excl of Terrorism Commercial Fire CP0010 (10/12)Bldg and Pers Prop Cvg Form Commercial Fire CP0030 (10/12)Business Income Cvg Form (&EE) Commercial Fire CP0090 (07/88)Commercial Property Conditions Commercial Fire CP0126 (10/12)WA Changes Commercial Fire CP0140 (07/06)Excl Loss due to Virus or Bact Commercial Fire CP0160 (12/98)WA Chgs-Domestic Abuse Commercial Fire CP0179 (10/12)WA Changes-Excl Causes of Loss Commercial Fire CP1030 (10/12)Cause of Loss - Special Form Commercial Fire WNCP01 (08/19)Property Enhancement Endt Commercial Fire WNCP08 (10/16)Equipment Breakdown Coverage Commercial Fire WNCP10 (10/16)Equipment Breakdown Schedule Commercial Fire WNCP15 (10/16)WA Amendatory Endorsement General Liability IL0123 (11/13)WA Changes - Defense Costs General Liability IL0146 (08/10)WA Common Policy Conditions General Liability IL0198 (09/08)Nuclear Energy Liab Excl Endt General Liability CG0001 (04/13)Comml Gen Liab Coverage Form General Liability CG0197 (12/07)WA Chgs-Empl-Related Practices General Liability CG0300 (01/96)Deductible Liability Insurance General Liability CG0435 (12/07)Employee Benefits Liab Co General Liability CG0442 (11/03)Stop Gap-Employers Liab-WA General Liability CG0450 (05/08)WA Changes - Who Is An Insured General Liability CG2106 (05/14)Excl-Access or Disclosure General Liability CG2109 (06/15)Exclusion-Unmanned Aircraft General Liability CG2116 (04/13)Excl-Designated Prof Service General Liability CG2149 (09/99)Total Pollution Excl Endorse General Liability CG2160 (09/98)Excl-Yr 2000 Computer Rel & Ot General Liability CG2175 (01/15)Excl CAT and Other Outside US General Liability CG2186 (12/04)Excl-Exterior Insul & Fin Sys General Liability CG2426 (04/13)Amendment of Ins. Contract Def General Liability CG2503 (05/09)Designated Construction Proj General Liability CG2504 (05/09)Amendment-Aggr.Lmts(Per Loc) General Liability CG2677 (12/04)WA-Fungi or Bacteria Exclusion General Liability CG3220 (01/15)WA-Cond Excl of Terrorism General Liability WNGL02 (07/10)Punitive Damages Exclusion General Liability WNGL04 (03/20)Voluntary Property Damage Endt General Liability WNGL10 (01/04)Excl-Lead Liability Endt General Liability WNGL104 (03/16)Cyber Liability General Liability WNGL139 (06/18)Addl Insd-Contractors-Ops And General Liability WNGL145 (12/18)Cyber Crime Coverage Endt-WA General Liability WNGL15 (12/16)Exclusion-Asbestos General Liability WNGL21 (07/14)Abuse or Molestation Excl Issued Date: Page 08/27/2020 AGENT COPY 18 of 19WN IL 26 07 07 FORMS AND ENDORSEMENTS SCHEDULE Coverage Line Form Number Ed. Date Description Policy Number: Named Insured: CPP 1238385 00 AMENDED DECLARATION IPI INC Western National Mutual Insurance Company 4700 West 77th Street Edina, MN 55435 General Liability WNGL39 (08/18)Comm Gen Liab Enhancement Endt General Liability WNGL69 (12/10)Notice of Cancellation Endt Issued Date: Page 08/27/2020 AGENT COPY 19 of 19WN IL 26 07 07 COMMERCIAL GENERAL LIABILITY WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ADDITIONAL INSURED – CONTRACTORS – OPERATIONS AND COMPLETED OPERATIONS – WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured – Operations A. Section II – Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an add- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for the additional insured. B. With respect to Additional Insured - Opera- tions, coverage is limited as follows: This insurance does not apply to “bodily in- jury” or “property damage” occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. Additional Insured – Completed Operations A. Section II – Who Is An Insured is amended to include as an additional insured: (1) Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and (2) Any other person or organization you are required to add as an additional insured under the contract or agreement de- scribed in Paragraph 1. above. Such person(s) or organization(s) is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; and included in the “products-completed op- erations hazard”. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. With respect to Additional Insured – Com- pleted Operations, coverage is limited as fol- lows: (1) A person or organization’s status as an in- sured under Additional Insured – Com- pleted Operations continues only for the period of time required by any written con- tract or agreement. (2) The insurance provided to the additional insured does not apply to “bodily injury”, “property damage” or “personal and ad- vertising injury” arising out of “your work” for which a consolidated (wrap-up) insur- ance program has been provided by the prime contractor-project manager or owner of the construction project in which you are involved. 3. Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured un- der such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. 4. Other Provisions Applicable to Additional In- sured – Operations and Additional Insured – Completed Operations A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B. The coverage provided under Paragraph f. of the definition of “insured contract” under Sec- tion V – Definitions does not apply to an ad- ditional insured under this endorsement un- less required by a written contract or agreement. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: (1) The minimum amount required by the contract or agreement; or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. E. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any pro- fessional architectural, engineering or survey- ing services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. COMMERICAL GENERAL LIABILITY WN GL 39 08 18 WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en - hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro - vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet ............................................................................... 2 Property Damage Liability • Elevators .......................................................................................................................... 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception .................................................. 3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence ................................................................................. 3 Supplementary Payments – Amended • Bail Bonds Up To $5,000 ................................................................................................... 4 • Loss of Earnings Up To $500/Day ..................................................................................... 4 Who Is An Insured Amendments • Employee Bodily Injury To A Co -Employee ......................................................................... 4 • Newly Formed Or Acquired Organizations For Up To 180 Days ........................................... 4 • Blanket Additional Insured – Vendors – As Required By Contract ........................................ 4 • Blanket Additional Insured – Lessor Of Leased Equipment .................................................. 6 • Blanket Additional Insured – Managers Or Lessors Of Premises .......................................... 6 • Blanket Additional Insured – State Or Governmental Agency Or Subdivision Or Political Subdivision – Permits Or Authorizations ......................................................... 7 • Blanket Additional Insured – State Or Governmental Agency Or Subdivision Or Political Subdivision – Permits Or Autho rizations Relating To Premises ........................ 8 Damage To Premises Rented To You – $300,000 ......................................................................... 9 Medical Payments Increased Limit – $10,000 Or Amount Shown on Declarations ........................... 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended ............................................... 9 • Unintention al Failure To Disclose Hazards ......................................................................... 9 • Waiver of Subrogation ..................................................................................................... 10 Insured Contract Amended .......................................................................................................... 10 Personal And Advertising Injury Redefined • Televised, Videot aped Or Electronic Publication ............................................................... 10 COMMERCIAL GENERAL LIABILITY WN GL 39 08 18 WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 2 of 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I – COVERAGES AMENDMENTS COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft “Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrust ment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and “loading or unloading”. This exclusion applies even if the claims against any insured allege negligence or other wrong - doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage” involved in the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or prop - erty for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an “auto” on, or on the ways next to, premises you own or rent, provided the “auto” is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any “insured con - tract” for the ownership, maintenance or use of aircraft or watercraft; or (5) “Bodily injury” or “property damage” arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of “mobile equipment” if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of “mobile equip - ment”. B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property “Property damage” to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restora - tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property; (2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 3 of 10 (3) Property loaned to you; (4) Personal property in the care, custody or con- trol of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to “property damage” (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rent ed To You as described in SECTION III – LIMITS OF INSURANCE . However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to “property damage” to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III – LIMITS OF INSURANCE, the rules below fix the most we will pay for “property damage” under this provision: (1) $25,000 any one “occurrence”, regardless of the number of persons or organizations who sustain damages because of that “occurrence”; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one “occurrence”, regardless of the number of persons or organizations who sustain damages because of that “oc currence”. We may, or if required by law, pay al l or any part of any deductible amount, if applicable, to effect settlement of any claim or “suit”. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this ex clusion does not apply to “property damage” included in the “products -com - pleted operations hazard”. The insurance provided for “property damage” from the use of elevators and for “property damage” to borrowed equipment is excess over any other valid and collectible property insurance (including any de - ductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III – LIMITS OF INSURANCE. COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub- paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity “Personal and advertising injury” arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direc tion of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period “Personal and advertising injury” arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B E. Supplementary Payments – Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required be - cause of accidents or t raffic law violations aris ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 4 of 10 SECTION II – WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co -Employee Paragraph 2. a. (1) is replaced by the following: However, none of these “employees” or “volunteer workers” are insureds for “bodily injury” or “personal and advertising injury”: (a) To you, to your partners or members (if you 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; (b) To the spouse, child, parent, brother or sister of the co-“employee” or “volunteer worker” as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for “bodily injury” or “personal and advertising injury” to any co- “employee” or other ”volunteer worker” arising out of and in the course of the co-“employee’s” or “volunteer worker’s” employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by t he spouse, child, parent, brother or sister of the co-“employee” or other “volunteer worker”, is brought against you or a co- “employee” or a “volunteer worker”, we will reimburse the reasonable costs that you incur in providing a defense to the co-“employee” or “volunteer worker” against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a . is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; The following are added: C. Blanket Additional Insured – Vendors – As Re - quired By Contract 1. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business . However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for s uch vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a . The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam - ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 5 of 10 (5) Any failure to make such inspections, adjust ments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i ) The exceptions contained in Subparagraphs (4) or (6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired suc h products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an addi - tional insured specifically is scheduled by endorsement; or c. When liability included within the "products - completed operations hazard" has been ex - cluded for such product either by the provi - sions of the coverage part or by endorse - ment. 4. With respect to the insurance afforded to these vendors, the following is added to Section III – Limits Of I nsurance : If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a . The minimum amount required by the contract or agreement; or b. The Limits of Insurance s hown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a . "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense whic h caused the “personal and advertising injury”, involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 6 of 10 D. Blanket Additional Insured – Lessor Of Leased Equipment 1. Section II – Who Is An Insured is amended to include as an additional insured any person (s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s ) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a . Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi - tional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not ap ply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded t o these additional insureds, the following is added to Section III – Limits Of Insurance : If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a . The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a . "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured – Managers Or Les- sors Of Premises 1. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a . Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 7 of 10 However: a . The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance : If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a . The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies : This insurance does not apply to: a . "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. F. Blanket Additional Insured – State Or Governmental Agency Or Subdivision Or Politi cal Subdivision – Permits Or Authorizations Section II – Who Is An Insured is amended to in- clude as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to op - erations performed by you or on your behalf for which the state or governmental agency or sub - division or political subdivisi on has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of op- erations performed for the federal govern - ment, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance : If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is : a . The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 8 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies : This insurance does not apply to: a . "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured – State Or Governmental Agency Or Subdivision Or Politi cal Subdivision – Permits Or Authorizations Re lating To Premises Section II – Who Is An Insured is amended to in- clude as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the fol - lowing hazards for which the state or governmental agency or subdivision or political subdivision has is sued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a . The existence, maintenance, repair, construc tion, erection or removal of advertising signs, awnings, canopies, cell ar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. However, a . The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance : If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a . The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a . "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 9 of 10 This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III – LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire, lightning, ex plosion or sprinkler leakage, while rented to you or temporarily oc cupied by you with permis sion of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Decla- rations. However, the provisions of this paragraph do not apply if Damage To Prem ises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of “bodily injury” sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Ex - pense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the pro - visions of the coverage part or by endorsement. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Of- fense, Claim or Suit is amended by adding the fol - lowing: e. You must give us or our authorized representa - tive prompt notice of an “occurrence”, claim or loss only when the “occurrence”, claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leak - age insurance for premises rented to you or temporarily occupied by you with permis sion of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon repre - sentations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any haz - ards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 10 of 10 D. Waiver of Subrogation Item 8. Transfer of Rights of Re covery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, 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. SECTION V – DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem ises that indemnifies any person or organization for damage by fire, lightning, ex plosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e . are replaced by the following: d. Oral, written, televised, videotaped or elec tronic publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or service; e. Oral, written, televised, videotaped or elec tronic publication of material that violates a person’s right of privacy; POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CG 25 03 05 09 ©Insurance Services Office,Inc.,2008 Page 1 of 2 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under Section I –Coverage A,and for all medical expenses caused by accidents under Section I –Coverage C,which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated 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: a.Insureds; b.Claims made or "suits"brought;or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence,Damage To Premises Rented To You 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 Designated Construction Project General Aggregate Limit. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Designated Construction Project(s): CG 25 03 05 09 CG 25 03 05 09 ©Insurance Services Office,Inc.,2008 Page 2 of 2 B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under Section I –Coverage A,and for all medical expenses caused by accidents under Section I –Coverage C,which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.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 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.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 nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project 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. E.The provisions of Section III –Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. WN CA 80 06 19 WN CA 80 06 19 Page 1 of 6 Includes copyrighted material of Insurance Services Office, with its permission. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Auto Enhancement Edge Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to the following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment – Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3, 6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments - Amended: • Bail Bonds up to $5,000 3 • Loss of Earnings up to $500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits – Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I – COVERED AUTOS COVERAGE AMENDMENTS A. Temporary Substitute Vehicle Physical Damage SECTION I – COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If a covered “auto” you own is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. “Loss”, or e. Destruction; the Physical Damage Coverages provided by the Business Auto Coverage Form for that disabled covered “auto” are extended to any “auto” you do not own while used with the permission of its owner as a temporary substitute for the covered “auto” that is out of service. SECTION II – COVERED AUTOS LIABILITY COVERAGE AMENDMENTS A. Who Is An Insured SECTION II – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, “insured” does not include any subsidiary of yours that is an “insured” under any other automobile liability policy or would be an “insured” under such policy but for termination of such policy or the exhaustion on such policy’s limits of insurance. e. Any organization which is newly acquired or formed by you and over which you maintain majority ownership. However, coverage under this provision: (1) is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first; (2) does not apply to “bodily injury” or “property damage” that results from an “accident” that occurred before you formed or acquired the organization; (3) does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does not apply to an “insured” under any other automobile liability policy or would be an “insured” under such a policy but for ter- mination of such policy or the exhaustion of such policy’s limits of insurance. f. Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. g. Any “employee” of yours is an “insured” while operating a covered “auto” hired or rented under a contract or agreement in the “employee’s” name, with your permission, while performing duties related to the conduct of your business. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 6 B. Blanket Additional Insured SECTION ll – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the “bodily injury” or “property damage” occurs and that is in effect during the policy period, to be named as an additional insured is an “insured” for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an “insured” under the Who Is An Insured provision contained in Section ll. C. Liability Coverage Extensions – Supplementary Payments SECTION II – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co-Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for “bodily injury” to any fellow “employee” of the “insured” arising out of and in the course of the fellow “employee’s” employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow “employee”, is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. SECTION III – PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Towing SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing, is amended by adding the following: 2. Towing We will pay up to $250 for towing and labor costs incurred each time a covered “auto” is disabled. However, the labor must be performed at the place of disablement. This $250 limit is reduced by any applicable towing limit shown in the declarations. Regardless of the number of disablements, the maximum amount we will pay under this endorsement for all towing and labor costs combined during any one year is $2,500. B. Transportation Expense – Limits Amended SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1,000 maximum. C. Hired Auto Physical Damage – Loss Of Use Expenses – Limits Amended SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. D. Personal Effects Coverage SECTION lll – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for “loss” to personal effects, which are: (1) Owned by an “insured”; and (2) In or on your covered “auto.” This coverage applies only in the event of the total theft of your covered “auto.” No deductible applies to this coverage WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 4 of 6 E. Glass Repair – Deductible Waiver SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. F. Hired Auto Physical Damage SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired “autos” are covered “autos” for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are pro- vided under this coverage form for any “auto” you own, then the Physical Damage Coverages provided are extended to “autos” you hire of like kind and use, subject to the following: a. The most we will pay for any one “loss” is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned “auto” for that coverage. Any Comprehensive deducti- ble does not apply to “loss” caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered “auto” you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. G. Rental Reimbursement SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage, is amended by adding the following: 6. Rental Reimbursement This coverage applies only to a covered “auto” of the private passenger or light truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type “auto” because of “loss” to a covered private pas- senger or light truck type “auto”. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type “auto.” No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the “loss” and ending, regardless of the policy’s expiration, with the lesser of the fol- lowing number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type “auto”. If “loss” is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type “auto” and return it to you; or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 5 of 6 d. This coverage does not apply while there are spare or reserve private passenger or light truck type “autos” available to you for your operations. e. If “loss” results from the total theft of a covered “auto” of the private passenger or light truck type, we will pay under this cover - age only that amount of your rental reim - bursement expenses which is not already provided for under SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. H. Accidental Airbag Deployment Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered “auto” for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered “auto”. This coverage is excess over any other collectible insurance or reimbursement by manufacturer’s warranty. I. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered “auto” described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total “loss” to a covered “auto” described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto” less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. Any: (1) Overdue lease/loan payments at the time of the “loss”; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. J. Audio, Visual and Data Electronic Equipment – Limit Amended SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1.b. is amended by replacing the $1,000 limit with a $2,500 limit. SECTION IV – BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the “accident” or “loss” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But this section does not amend the provisions relating to notification of police, protection or exami- nation of the property which was subject to the “loss”. B. Blanket Waiver of Subrogation Section IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we ma y have against any person or organization to the extent required of you by a written contract signed and executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 6 of 6 C. Unintentional Failure to Disclose Hazards SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- sentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Cov- erage Part because of such failure. D. Employee Hired Auto SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered “auto” you own: (1) Any covered “auto” you lease, hire, rent or borrow. (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. E. Primary and Noncontributory If Required By Written Contract or Written Agreement SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance c., the following is added and supersedes any provision to the contrary: This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an “insured” under your policy provided that: (1) Such “insured” is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such “insured”.