Loading...
HomeMy WebLinkAboutAdvance Construction PW 19-02 & Alternate 1 & 2 CONSTRUCTION CONTRACT 35L6 THIS AGREEMENT, made on the 10th day of July, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Advance Construction, Inc., 2141 Woodale Avenue, Green Bay, WI 54313, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 19-02+Alternate No. 1 &2 for Jeld-Wen/Stringham Watershed Outfall Reconstruction in the City of Oshkosh,for the Public Works Department, pursuant to Resolution 19-384 adopted by the Common Council of the City of Oshkosh on the 9th day of July, 2019, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of Two million nine hundred one thousand seven hundred ninety-nine dollars and 00/100 ($2,901,799.00), adjusted by any changes as provided in the Specifications,or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in 1 the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required,they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty(30)days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary;what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR"wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF,the City of Oshkosh,Wisconsin,has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City,and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR Advance Construction, Inc. By:. (Se sfecmiractor /1 (Specify Title) By: (Specify Title) 3 CITY OF OSHKOSH By: Mark A.Rohloff, City e6tness) Ai4 '0, And: tress) Pamela R. Ubrig, City Clerk 1 APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract L . Lorenson, Attorney At"( Laren, City Co ptroller 4 . AC R2® CERTIFICATE OF LIABILITY INSURANCE DATE(MMD//DYVYY) 7/16/2019 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 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 Lisa Proffitt NAME: R&R Insurance Services Inc (A/C.No.Ext):ONE (262)953-7210 FAX No):(262)953-7210 N14 W23900 Stone Ridge Drive ADDRESS:liBa.DroffittQrrins.calm INSURER(S)AFFORDING COVERAGE NAIC a Waukesha WI 53188 _ INSURER A:Sentry Insurance 24988 INSURED INSURER B: Advance Construction Inc INSURERC: 2141 Woodale Ave INSURER D: INSURER E: Green Bay WI 54313 (INSURER F: COVERAGES CERTIFICATE NUMBER:19/20 Liab 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 ADMSUaR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POUCY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D 500,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X A0040142 6/18/2019 6/18/2020 MEDEXP(Anyoneperson) $ 5,000 CG7021 0618 PERSONAL 3 ADV INJURY $ 1,000,000 GEM_AGGREGATE LIMIT APPLIES PER: CG2010 0413/CG2037 0413 GENERAL AGGREGATE $ 3,000,000 POLICY X JEGO"T- LOC CG2404 0509 PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: CG2001 0413 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS X A0040142 6/18/2019 6/18/2020 BODILY INJURY(Per accident) $ -- - - X x NON-OWNED CA7601 0615 PROPERTY DAMAGE $ HIRED AUTOS AUTOS ,(Per acGdenO — - . X Hired Phy Dmg � CA0001 1013 Medical payments $ 10,000 X UMBRELLA LIAR X OCCUR A0040142 6/18/2019 6/18/2020 EACH OCCURRENCE $ 10,000,000 A EXCESS LIAR- _ 1 CLAIMS-MADE EU7091 0515 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 X E117000 1207 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L EACH ACCIDENT $ 1,000,000 OFFICA (Mandatory MBERIn NH)EXCLUDED? N A0040142 006 6/18/2019 6/18/2020 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) I(yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment A0040142 6/18/2019 6/18/2020 Limit ol insurance 400,000 Installation Coverage Limit of Insurance 600,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Jeld-Wen/Stringham Watershed Outfall Reconstruction City of Oshkosh, its officers, council members, agents, employees or authorized volunteers is additional insured on the General Liability, Business Auto, and Umbrella policies per forms listed above when required by written contract. 30-Days Notice of Cancellation applies for reasons other than non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Avenue ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Brad Stehno/LV427 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMERCIAL AUTO CA00011013 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered"autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned "Autos" Only those "autos"you own (and for Covered Autos Liability Coverage any Only "trailers"you don't own while attached to power units you own).This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos"you own. This includes those private Passenger passenger"autos"you acquire ownership of after the policy begins. "Autos"Only 4 Owned Only those "autos"you own that are not of the private passenger type (and for "Autos"Other Covered Autos Liability Coverage any "trailers"you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged.This includes those"autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those"autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage.This includes those "autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those"autos"described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any"trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any"auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company)or members of their households. 9 Non-owned Only those "autos"you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes"autos"owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 12 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition Equipment of"mobile equipment" under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II—COVERED AUTOS LIABILITY Begins COVERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the We will pay all sums an "insured" legally must pay Declarations, then you have coverage for as damages because of"bodily injury"or"property "autos" that you acquire of the type described damage" to which this insurance applies, caused for the remainder of the policy period. by an "accident" and resulting from the ownership, 2. But, if Symbol 7 is entered next to a coverage maintenance or use of a covered "auto". in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured" legally must acquire will be a covered "auto" for that pay as a "covered pollution cost or expense" to coverage only if: which this insurance applies, caused by an a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that we will only pay for the "covered pollution cost or coverage; and expense" if there is either "bodily injury" or "property damage" to which this insurance applies b. You tell us within 30 days after you acquire that is caused by the same"accident". it that you want us to cover it for that coverage. We have the right and duty to defend any C. Certain Trailers, Mobile Equipment And "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, Temporary Substitute Autos we have no duty to defend any"insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or this Coverage Form, the following types of "property damage" or a "covered pollution cost or vehicles are also covered "autos" for Covered expense" to which this insurance does not apply. Autos Liability Coverage: We may investigate and settle any claim or "suit" 1. "Trailers" with a load capacity of 2,000 pounds as we consider appropriate. Our duty to defend or or less designed primarily for travel on public settle ends when the Covered Autos Liability roads. Coverage Limit of Insurance has been exhausted 2. "Mobile equipment" while being carried or by payment of judgments or settlements. towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are"insureds": permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is b. Anyone else while using with your out of service because of its: permission a covered "auto" you own, hire a. Breakdown; or borrow except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered "auto". d. "Loss"; or This exception does not apply if the covered "auto" is a "trailer" connected to e. Destruction. a covered "auto"you own. Page 2 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 (2) Your "employee" if the covered "auto" is These payments will not reduce the Limit of owned by that "employee" or a member Insurance. of his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto" while While a covered "auto" is away from the he or she is working in a business of state where it is licensed,we will: selling, servicing, repairing, parking or storing "autos" unless that business is (1) Increase the Limit of Insurance for yours. Covered Autos Liability Coverage to meet the limits specified by a (4) Anyone other than your "employees", compulsory or financial responsibility partners (if you are a partnership), law of the jurisdiction where the covered members (if you are a limited liability "auto" is being used. This extension company) or a lessee or borrower or does not apply to the limit or limits any of their "employees", while moving specified by any law governing motor property to or from a covered "auto". carriers of passengers or property. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and member (if you are a limited liability types of other coverages, such as no- company)for a covered "auto"owned by fault, required of out-of-state vehicles by him or her or a member of his or her the jurisdiction where the covered "auto" household. is being used. c. Anyone liable for the conduct of an We will not pay anyone more than once for "insured" described above but only to the the same elements of loss because of extent of that liability. these extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the We will pay for the "insured": following: (1) All expenses we incur. 1. Expected Or Intended Injury (2) Up to $2,000 for cost of bail bonds "Bodily injury" or "property damage" expected (including bonds for related traffic law or intended from the standpoint of the violations) required because of an "insured". "accident" we cover. We do not have to 2. Contractual furnish these bonds. Liability assumed under any contract or (3) The cost of bonds to release agreement. attachments in any "suit" against the "insured" we defend, but only for bond But this exclusion does not apply to liability for amounts within our Limit of Insurance. damages: (4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is "insured" at our request, including actual an "insured contract", provided the "bodily loss of earnings up to $250 a day injury" or "property damage" occurs because of time off from work. subsequent to the execution of the contract or agreement; or (5) All court costs taxed against the "insured" in any "suit" against the b. That the "insured" would have in the "insured" we defend. However, these absence of the contract or agreement. payments do not include attorneys' fees 3. Workers'Compensation or attorneys' expenses taxed against the Any obligation for which the "insured" or the "insured". "insured's" insurer may be held liable under (6) All interest on the full amount of any any workers' compensation, disability benefits judgment that accrues after entry of the or unemployment compensation law or any judgment in any "suit" against the similar law. "insured"we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 3 of 12 4. Employee Indemnification And Employer's b. After it is moved from the covered "auto" to Liability the place where it is finally delivered by the "Bodily injury"to: "insured". a. An "employee" of the "insured" arising out 8. Movement Of Property By Mechanical of and in the course of: Device (1) Employment by the"insured"; or "Bodily injury" or "property damage" resulting from the movement of property by a (2) Performing the duties related to the mechanical device (other than a hand truck) conduct of the"insured's" business; or unless the device is attached to the covered b. The spouse, child, parent, brother or sister "auto". of that "employee" as a consequence of 9. Operations Paragraph a.above. "Bodily injury" or "property damage" arising out This exclusion applies: of the operation of: (1) Whether the "insured" may be liable as a. Any equipment listed in Paragraphs 6.b. an employer or in any other capacity; and 6.c. of the definition of "mobile and equipment"; or (2) To any obligation to share damages with b. Machinery or equipment that is on, attached or repay someone else who must pay to or part of a land vehicle that would damages because of the injury. qualify under the definition of "mobile But this exclusion does not apply to "bodily equipment" if it were not subject to a injury" to domestic "employees" not entitled to compulsory or financial responsibility law or workers' compensation benefits or to liability other motor vehicle insurance law where it assumed by the "insured" under an "insured is licensed or principally garaged. contract". For the purposes of the Coverage 10. Completed Operations Form, a domestic "employee" is a person "Bodily injury" or "property damage" arising out engaged in household or domestic work of your work after that work has been performed principally in connection with a completed or abandoned. residence premises. 5. Fellow Employee In this exclusion, your work means: "Bodily injury"to: a. Work or operations performed by you or on your behalf; and a. Any fellow "employee" of the "insured" b. Materials, parts or equipment furnished in arising out of and in the course of the fellow connection with such work or operations. "employee's" employment or while performing duties related to the conduct of Your work includes warranties or your business; or representations made at any time with respect b. The spouse, child, parent, brother or sister to the fitness, quality, durability or performance of that fellow"employee" as a consequence of any of the items included in Paragraph a. or of Paragraph a. above. b. above. 6. Care, Custody Or Control Your work will be deemed completed at the earliest of the following times: "Property damage"to or"covered pollution cost (1) When all of the work called for in your or expense" involving property owned or contract has been completed; transported by the "insured" or in the "insured's" care, custody or control. But this (2) When all of the work to be done at the exclusion does not apply to liability assumed site has been completed if your contract under a sidetrack agreement. calls for work at more than one site; or 7. Handling Of Property (3) When that part of the work done at a job site has been put to its intended use by "Bodily injury" or "property damage" resulting any person or organization other than from the handling of property: another contractor or subcontractor a. Before it is moved from the place where it is working on the same project. accepted by the "insured" for movement into or onto the covered"auto"; or Page 4 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 Work that may need service, maintenance, Paragraphs b. and c. above of this exclusion correction, repair or replacement, but which is do not apply to "accidents" that occur away otherwise complete, will be treated as from premises owned by or rented to an completed. "insured" with respect to "pollutants" not in or 11. Pollution upon a covered "auto" if: "Bodily injury" or "property damage" arising out (a) The "pollutants" or any property in of the actual, alleged or threatened discharge, which the "pollutants" are contained dispersal, seepage, migration, release or are upset, overturned or damaged as a result of the maintenance or use of escape of"pollutants": a covered "auto"; and a. That are, or that are contained in any (b) The discharge, dispersal, seepage, property that is: migration, release or escape of the (1) Being transported or towed by, handled "pollutants" is caused directly by or handled for movement into, onto or such upset,overturn or damage. from the covered "auto"; 12. War (2) Otherwise in the course of transit by or "Bodily injury" or "property damage" arising on behalf of the "insured"; or directly or indirectly out of: (3) Being stored, disposed of, treated or a. War, including undeclared or civil war; processed in or upon the covered "auto"; b. Warlike action by a military force, including b. Before the "pollutants" or any property in action in hindering or defending against an which the "pollutants" are contained are actual or expected attack, by any moved from the place where they are government, sovereign or other authority accepted by the "insured" for movement using military personnel or other agents;or into or onto the covered "auto"; or c. Insurrection, rebellion, revolution, usurped c. After the "pollutants" or any property in power or action taken by governmental which the "pollutants" are contained are authority in hindering or defending against moved from the covered "auto" to the place any of these. where they are finally delivered, disposed of 13. Racing or abandoned by the"insured". Covered "autos" while used in any professional Paragraph a. above does not apply to fuels, or organized racing or demolition contest or lubricants, fluids, exhaust gases or other stunting activity, or while practicing for such similar"pollutants" that are needed for or result contest or activity. This insurance also does from the normal electrical, hydraulic or not apply while that covered "auto" is being mechanical functioning of the covered "auto" or prepared for such a contest or activity. its parts if: C. Limit Of Insurance (1) The "pollutants" escape, seep, migrate Regardless of the number of covered "autos", or are discharged, dispersed or released "insureds", premiums paid, claims made or directly from an "auto" part designed by vehicles involved in the "accident", the most we its manufacturer to hold, store, receive will pay for the total of all damages and "covered or dispose of such "pollutants"; and pollution cost or expense" combined resulting from (2) The "bodily injury", "property damage" or any one "accident" is the Limit Of Insurance for "covered pollution cost or expense" Covered Autos Liability Coverage shown in the does not arise out of the operation of Declarations. any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 5 of 12 All "bodily injury", "property damage" and "covered 3. Glass Breakage—Hitting A Bird Or Animal— pollution cost or expense" resulting from Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as damaged covered "auto", we will pay for the resulting from one"accident". following under Comprehensive Coverage: No one will be entitled to receive duplicate a. Glass breakage; payments for the same elements of "loss" under b. "Loss" caused by hitting a bird or animal; this Coverage Form and any Medical Payments and Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists c. "Loss"caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III—PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage Collision Coverage. 1. We will pay for "loss" to a covered "auto" or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We will pay up to $20 per day, to a From any cause except: maximum of $600, for temporary transportation expense incurred by you (1) The covered "auto's" collision with because of the total theft of a covered another object; or "auto" of the private passenger type. We (2) The covered "auto's"overturn. will pay only for those covered "autos" for which you carry either Comprehensive or b. Specified Causes Of Loss Coverage Specified Causes Of Loss Coverage. We Caused by: will pay for temporary transportation (1) Fire, lightning or explosion; expenses incurred during the period Theft; beginning 48 hours after the theft and (2) ending, regardless of the policy's expiration, (3) Windstorm, hail or earthquake; when the covered "auto" is returned to use (4) Flood; or we pay for its"loss". (5) Mischief or vandalism; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered"auto". becomes legally responsible to pay for loss of use of a vehicle rented or hired without a c. Collision Coverage driver under a written rental contract or Caused by: agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than collision only if the (2) The covered "auto's"overturn. Declarations indicates that Comprehensive Coverage is provided 2. Towing for any covered "auto"; We will pay up to the limit shown in the (2) Specified Causes Of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "auto" of the Causes Of Loss Coverage is provided private passenger type is disabled. However, for any covered "auto"; or the labor must be performed at the place of disablement. Page 6 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 (3) Collision only if the Declarations b. Any device designed or used to detect indicates that Collision Coverage is speed-measuring equipment, such as radar provided for any covered "auto". or laser detectors, and any jamming However, the most we will pay for any apparatus intended to elude or disrupt expenses for loss of use is $20 per day, to speed measuring equipment. a maximum of$600. c. Any electronic equipment, without regard to whether this equipment is permanently B. Exclusions installed, that reproduces, receives or 1. We will not pay for"loss" caused by or resulting transmits audio,visual or data signals. from any of the following. Such "loss" is d. Any accessories used with the electronic excluded regardless of any other cause or equipment described in Paragraph c. event that contributes concurrently or in any above. sequence to the"loss". a. Nuclear Hazard 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by (1) The explosion of any weapon employing use of the power from the "auto's" electrical atomic fission or fusion; or system that, at the time of"loss", is: (2) Nuclear reaction or radiation, or a. Permanently installed in or upon the radioactive contamination, however covered "auto"; caused. b. Removable from a housing unit which is b. War Or Military Action permanently installed in or upon the (1) War, including undeclared or civil war; covered "auto"; (2) Warlike action by a military force, c. An integral part of the same unit housing including action in hindering or any electronic equipment described in defending against an actual or expected Paragraphs a. and b. above; or attack, by any government, sovereign or d. Necessary for the normal operation of the other authority using military personnel covered "auto" or the monitoring of the or other agents; or covered "auto's"operating system. (3) Insurrection, rebellion, revolution, 6. We will not pay for "loss" to a covered "auto" usurped power or action taken by due to"diminution in value". governmental authority in hindering or C. Limits Of Insurance defending against any of these. 2. We will not pay for"loss" to any covered "auto" 1. The most we will pay for: while used in any professional or organized a. "Loss" to any one covered "auto" is the racing or demolition contest or stunting activity, lesser of: or while practicing for such contest or activity. (1) The actual cash value of the damaged We will also not pay for "loss" to any covered or stolen property as of the time of the "auto" while that covered "auto" is being "loss"; or prepared for such a contest or activity. (2) The cost of repairing or replacing the 3. We will not pay for"loss"due and confined to: damaged or stolen property with other a. Wear and tear, freezing, mechanical or property of like kind and quality. electrical breakdown. b. All electronic equipment that reproduces, b. Blowouts, punctures or other road damage receives or transmits audio, visual or data to tires. signals in any one "loss" is $1,000, if, at the This exclusion does not apply to such "loss" time of"loss", such electronic equipment is: resulting from the total theft of a covered (1) Permanently installed in or upon the "auto". covered "auto" in a housing, opening or other location that is not normally used 4. We will not pay for "loss" to any of the by the "auto" manufacturer for the following: installation of such equipment; a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 7 of 12 (2) Removable from a permanently installed (2) The "insured's" name and address; and housing unit as described in Paragraph (3) To the extent possible, the names and b.(1)above; or addresses of any injured persons and (3) An integral part of such equipment as witnesses. described in Paragraphs b.(1) and b.(2) b. Additionally, you and any other involved above. "insured" must: 2. An adjustment for depreciation and physical (1) Assume no obligation, make no condition will be made in determining actual payment or incur no expense without cash value in the event of a total "loss". our consent, except at the "insured's" 3. If a repair or replacement results in better than own cost. like kind or quality, we will not pay for the (2) Immediately send us copies of any amount of the betterment. request, demand, order, notice, D. Deductible summons or legal paper received For each covered "auto", our obligation to pay for, concerning the claim or"suit". repair, return or replace damaged or stolen (3) Cooperate with us in the investigation or property will be reduced by the applicable settlement of the claim or defense deductible shown in the Declarations. Any against the"suit". Comprehensive Coverage deductible shown in the (4) Authorize us to obtain medical records Declarations does not apply to "loss" caused by or other pertinent information. fire or lightning. (5) Submit to examination, at our expense, SECTION IV—BUSINESS AUTO CONDITIONS by physicians of our choice, as often as The following conditions apply in addition to the we reasonably require. Common Policy Conditions: c. If there is "loss" to a covered "auto" or its A. Loss Conditions equipment, you must also do the following: 1. Appraisal For Physical Damage Loss (1) Promptly notify the police if the covered If you and we disagree on the amount of"loss", "auto"or any of its equipment is stolen. either may demand an appraisal of the "loss". (2) Take all reasonable steps to protect the In this event, each party will select a competent covered "auto" from further damage. appraiser. The two appraisers will select a Also keep a record of your expenses for competent and impartial umpire. The consideration in the settlement of the appraisers will state separately the actual cash claim. value and amount of"loss". If they fail to agree, (3) Permit us to inspect the covered "auto" they will submit their differences to the umpire. and records proving the "loss" before its A decision agreed to by any two will be repair or disposition. binding. Each party will: (4) Agree to examinations under oath at our a. Pay its chosen appraiser; and request and give us a signed statement b. Bear the other expenses of the appraisal of your answers. and umpire equally. 3. Legal Action Against Us If we submit to an appraisal, we will still retain No one may bring a legal action against us our right to deny the claim. under this Coverage Form until: 2. Duties In The Event Of Accident, Claim, Suit a. There has been full compliance with all the Or Loss terms of this Coverage Form;and We have no duty to provide coverage under b. Under Covered Autos Liability Coverage, this policy unless there has been full we agree in writing that the "insured" has an compliance with the following duties: obligation to pay or until the amount of that a. In the event of "accident", claim, "suit" or obligation has finally been determined by "loss", you must give us or our authorized judgment after trial. No one has the right representative prompt notice of the under this policy to bring us into an action "accident"or"loss". Include: to determine the"insured's"liability. (1) How, when and where the "accident" or "loss" occurred; Page 8 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 4. Loss Payment—Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option,we may: Coverage Form provides primary insurance. For any covered "auto"you don't a. Pay for, repair or replace damaged or own, the insurance provided by this stolen property; Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a "trailer" is the"auto"from the theft; or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the"trailer" is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own;or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered "auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered "auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident"or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured contract". 1. Bankruptcy d. When this Coverage Form and any other Bankruptcy or insolvency of the "insured"or the Coverage Form or policy covers on the "insured's" estate will not relieve us of any same basis, either excess or primary, we obligations under this Coverage Form. will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact a. The estimated premium for this Coverage concerning: Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began. We b. The covered "auto"; will compute the final premium due when we determine your actual exposures. The c. Your interest in the covered "auto"; or estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the balance, if any. The due date for the final If we revise this Coverage Form to provide premium or retrospective premium is the more coverage without additional premium date shown as the due date on the bill. If charge, your policy will automatically provide the estimated total premium exceeds the the additional coverage as of the day the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee—Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 7. Policy Period, Coverage Territory 2. Any other land vehicle that is subject to a Under this Coverage Form, we cover compulsory or financial responsibility law or "accidents"and "losses" occurring: other motor vehicle insurance law where it is licensed or principally garaged. a. During the policy period shown in the However, "auto" does not include "mobile Declarations; and equipment". b. Within the coverage territory. C. "Bodily injury" means bodily injury, sickness or The coverage territory is: disease sustained by a person, including death (1) The United States of America; resulting from any of these. (2) The territories and possessions of the D. "Covered pollution cost or expense" means any United States of America; cost or expense arising out of: (3) Puerto Rico; 1. Any request, demand, order or statutory or Canada; and regulatory requirement that any "insured" or (4) others test for, monitor, clean up, remove, (5) Anywhere in the world if a covered contain, treat, detoxify or neutralize, or in any "auto" of the private passenger type is way respond to, or assess the effects of, leased, hired, rented or borrowed "pollutants"; or without a driver for a period of 30 days 2. Any claim or "suit" by or on behalf of a or less, governmental authority for damages because provided that the "insured's" responsibility to of testing for, monitoring, cleaning up, pay damages is determined in a "suit" on the removing, containing, treating, detoxifying or merits, in the United States of America, the neutralizing, or in any way responding to, or territories and possessions of the United States assessing the effects of, "pollutants". of America, Puerto Rico or Canada, or in a "Covered pollution cost or expense" does not settlement we agree to. include any cost or expense arising out of the We also cover "loss" to, or "accidents" actual, alleged or threatened discharge, dispersal, involving, a covered "auto" while being seepage, migration, release or escape of transported between any of these places. "pollutants": 8. Two Or More Coverage Forms Or Policies a. That are, or that are contained in any Issued By Us property that is: If this Coverage Form and any other Coverage (1) Being transported or towed by, handled Form or policy issued to you by us or any or handled for movement into, onto or company affiliated with us applies to the same from the covered"auto"; "accident", the aggregate maximum Limit of (2) Otherwise in the course of transit by or Insurance under all the Coverage Forms or on behalf of the"insured";or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage (3) Being stored, disposed of, treated or Form or policy. This condition does not apply to processed in or upon the covered any Coverage Form or policy issued by us or "auto"; an affiliated company specifically to apply as b. Before the "pollutants" or any property in excess insurance over this Coverage Form. which the "pollutants" are contained are SECTION V—DEFINITIONS moved from the place where they are accepted by the "insured" for movement A. "Accident" includes continuous or repeated into or onto the covered"auto"; or exposure to the same conditions resulting in "bodily injury"or"property damage". c. After the "pollutants" or any property in which the "pollutants" are contained are B. "Auto" means: moved from the covered "auto" to the place 1. A land motor vehicle, "trailer" or semitrailer where they are finally delivered,disposed of designed for travel on public roads; or or abandoned by the"insured". Page 10 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 Paragraph a. above does not apply to fuels, 5. That part of any other contract or agreement lubricants, fluids, exhaust gases or other pertaining to your business (including an similar "pollutants" that are needed for or result indemnification of a municipality in connection from the normal electrical, hydraulic or with work performed for a municipality) under mechanical functioning of the covered "auto"or which you assume the tort liability of another to its parts, if: pay for"bodily injury" or"property damage"to a (1) The "pollutants" escape, seep, migrate third party or organization. Tort liability means or are discharged, dispersed or released a liability that would be imposed by law in the directly from an "auto" part designed by absence of any contract or agreement; or its manufacturer to hold, store, receive 6. That part of any contract or agreement entered or dispose of such "pollutants"; and into, as part of your business, pertaining to the rental or lease, by you or any of your (2) The "bodily injury", "property damage"or "employees", of any "auto". However, such "covered pollution cost or expense" contract or agreement shall not be considered does not arise out of the operation of an "insured contract" to the extent that it any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile obligates you or any of your "employees" to equipment". pay for"property damage" to any "auto" rented or leased by you or any of your"employees". Paragraphs b. and c. above do not apply to An "insured contract" does not include that part of "accidents" that occur away from premises any contract or agreement: owned by or rented to an "insured"with respect to "pollutants" not in or upon a covered "auto" a. That indemnifies a railroad for"bodily injury" if: or "property damage" arising out of (a) The "pollutants" or any property in construction or demolition operations, within which the "pollutants" are contained 50 feet of any railroad property and are upset, overturned or damaged as affecting any railroad bridge or trestle, a result of the maintenance or use of tracks, roadbeds, tunnel, underpass or a covered"auto"; and crossing; (b) The discharge, dispersal, seepage, b. That pertains to the loan, lease or rental of migration, release or escape of the an "auto to you or any of your "pollutants" is caused directly by "employees", if the "auto" is loaned, leased such upset, overturn or damage. or rented with a driver; or E. "Diminution in value" means the actual or c. That holds a person or organization engaged in the business of transporting perceived loss in market value or resale value property by"auto"for hire harmless for your which results from a direct and accidental"loss". use of a covered "auto" over a route or F. "Employee" includes a "leased worker". territory that person or organization is "Employee" does not include a "temporary authorized to serve by public authority. worker". I. "Leased worker" means a person leased to you by G. "Insured" means any person or organization a labor leasing firm under an agreement between qualifying as an insured in the Who Is An Insured you and the labor leasing firm to perform duties provision of the applicable coverage. Except with related to the conduct of your business. "Leased respect to the Limit of Insurance, the coverage worker"does not include a"temporary worker". afforded applies separately to each insured who is "Loss" means direct and accidental loss or seeking coverage or against whom a claim or damage. "suit" is brought. H. "Insured contract" means: K. "Mobile equipment" means any of the following types of land vehicles, including any attached 1. A lease of premises; machinery or equipment: 2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other 3. Any easement or license agreement, except in vehicles designed for use principally off public connection with construction or demolition roads; operations on or within 50 feet of a railroad; 2. Vehicles maintained for use solely on or next to 4. An obligation, as required by ordinance, to premises you own or rent; indemnify a municipality, except in connection 3. Vehicles that travel on crawler treads; with work for a municipality; CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 4. Vehicles, whether self-propelled or not, However, "mobile equipment" does not include maintained primarily to provide mobility to land vehicles that are subject to a compulsory or permanently mounted: financial responsibility law or other motor vehicle a. Power cranes, shovels, loaders, diggers or insurance law where it is licensed or principally drills; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle b. Road construction or resurfacing equipment insurance law are considered "autos". such as graders, scrapers or rollers; L. "Pollutants" means any solid, liquid, gaseous or 5. Vehicles not described in Paragraph 1., 2., 3. thermal irritant or contaminant, including smoke, or 4. above that are not self-propelled and are vapor, soot, fumes, acids, alkalis, chemicals and maintained primarily to provide mobility to waste. Waste includes materials to be recycled, permanently attached equipment of the reconditioned or reclaimed. following types: M. "Property damage" means damage to or loss of a. Air compressors, pumps and generators, use of tangible property. including spraying, welding, building cleaning, geophysical exploration, lighting N. "Suit" means a civil proceeding in which: and well-servicing equipment; or 1. Damages because of "bodily injury" or b. Cherry pickers and similar devices used to "property damage"; or raise or lower workers; or 2. A"covered pollution cost or expense"; 6. Vehicles not described in Paragraph 1., 2., 3. to which this insurance applies, are alleged. or 4. above maintained primarily for purposes "Suit" includes: other than the transportation of persons or cargo. However, self-propelled vehicles with a. An arbitration proceeding in which such the following types of permanently attached damages or "covered pollution costs or equipment are not "mobile equipment" but will expenses" are claimed and to which the be considered "autos": "insured" must submit or does submit with our consent; or a. Equipment designed primarily for: b. Any other alternative dispute resolution (1) Snow removal; proceeding in which such damages or (2) Road maintenance, but not construction "covered pollution costs or expenses" are or resurfacing;or claimed and to which the insured submits (3) Street cleaning; with our consent. b. Cherry pickers and similar devices mounted O. "Temporary worker" means a person who is on automobile or truck chassis and used to furnished to you to substitute for a permanent raise or lower workers; and "employee" on leave or to meet seasonal or short- term workload conditions. c. Air compressors, pumps and generators, including spraying, welding, building P. "Trailer" includes semitrailer. cleaning, geophysical exploration, lighting or well-servicing equipment. Page 12 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 POLICY NUMBER: A0040142001 COMMERCIAL AUTO CA 76 01 0615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Advance Construction Inc. Endorsement Effective Date: 06/18/2018 SCHEDULE Name Of Person(s)Or Organization(s): Any Additional Insured Where Required By Written Contract Or Written Agreement Executed Prior To A Loss Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Each person or organization shown in the B. Primary And Noncontributory Insurance Schedule is an "insured" for Covered Autos This insurance is primary to and will not seek Liability Coverage, but only to the extent that contribution from any other auto insurance issued person or organization qualifies as an "insured" to the person or organization in the schedule under the Who Is An Insured provision contained under your policy provided that: in: (1) The person or organization is a Named Insured (1) Paragraph A.1. of Section II - Covered Autos under such other insurance;and Liability Coverage in the Business Auto and Motor Carrier Coverage Forms; or (2) Prior to the "accident" you have agreed in writing in a contract or agreement that this (2) Paragraph D.2. of Section I - Covered Autos insurance would be primary and would not Coverages of the Auto Dealers Coverage seek contribution from any other insurance Form. available to the person or organization. CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0040142 with its permission. 06/11/2018 Middlesex Insurance Company 1 00001 0000000000 18162 0 N 2760b41b-9d01-4b2e-bb21-acdbf5cdb178 POLICY NUMBER: A0040142005 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Any Additional Insured Where Required By Written All Jobsites -Work Performed By Named Insured Contract Description: Or Written Agreement Executed Prior To A Loss All Jobsites -Work Performed By Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. 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. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 A0040142 06/11/2018 Middlesex Insurance Company 1 00001 0000000000 18162 0 N 4d6db134-5362-40aa-a198-888078214320 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 2010 04 13 A0040142 06/11/2018 Middlesex Insurance Company POLICY NUMBER: A0040142005 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s) Operations Any Additional Insured Where Required By Written All Jobsites -Work performed by Named Insured Contract Or Written Agreement Executed Prior To A Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III -Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the "products-completed operations hazard". However: 2. Available under the applicable Limits of Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable Limits of Insurance shown in the is required by a contract or agreement, the Declarations. 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. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 A0040142 06/11/201 S Middlesex Insurance Company 1 00001 0000000000 18162 0 N 50c6890-57a8-4300-b3ad-36b06dbd0114 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE EU70001207 COMMERCIAL EXCESS/UMBRELLA LIABILITY COVERAGE Various provisions of this policy restrict coverage. a. The applicable limits of liability of the Read the entire policy carefully to determine rights, "underlying insurance' as stated in the duties and what is and is not covered. Declarations; or Throughout this policy the words "you" and "your" b. The limits of "underlying insurance" that refer to the Named Insured shown in the have been reduced or exhausted by Declarations, and any other person qualifying as a payment of loss. Named Insured under this policy. The words "we", 5. The amount we will pay for the ultimate net "us" and "our" refer to the company providing this loss" is limited as described in Section III - insurance. Limits of Insurance. The word "insured" means any person or 6. We will have no other obligation or liability to organization qualifying as such under Section II - pay sums or perform acts or services unless Who Is An Insured. such obligation or liability is explicitly provided Other words and phrases that appear in quotation for under Coverage E Defense or marks have special meaning. Refer to Section V - Supplementary Payments-Coverage E & U. Definitions. B. Defense Section I -Coverages 1. When the limits of the "underlying insurance" Coverage E- Excess Liability Q have been used up in the payment of A. Insuring Agreement judgments or settlements, we will have the: 1. We will pay on behalf of the in•A • a. Right and duty to defend the insured "ultimate net loss" in excess of "u:�a I g against any "suit"; or insurance" because of: Right, at our discretion, to investigate and • a. "Bodily injury"; = le any claim to which this insurance tt• b. "Property damage"; ,! ,I e t ; i s of"underlying insurance" have c. "Personal and advertising injury"; or n:s :: sed up in the payment of d. "Error or omission" judg -n or settlements, but the claim or to which this insurance applies. "suit" is ely to involve us, we will have the right and shall be given the opportunity to 2. This insurance applies to "bodily injury", associate with the insured and the insured's "property damage", "personal and advertising "underlying insurer" in the investigation or injury" and "error or omission" only if: settlement of a claim or defense of a "suit". a. Caused by an "occurrence"; 3. We will have no duty to defend any insured b. The "bodily injury", "property damage", against any "suit": "personal and advertising injury" or "error a. Seeking damages to which this insurance or omission" occurs during the policy does not apply; or period; and b. After the applicable Limit of Insurance of c. "Underlying insurance" applies. this Coverage Part has been used up in the 3. This insurance is subject to the same terms, payment of judgments or settlements. conditions, agreements, exclusions and C. Exclusions definitions as the "underlying insurance" This insurance does not apply to: except: 1a. We will have no obligation under this No Underlying Insurance insurance with respect to any claim that is "Bodily injury", "property damage", "personal settled without our consent; and and advertising injury"or"error or omission" to which "underlying insurance" does not apply b. With respect to any provisions to the contrary contained in this insurance. for any reason other than the exhaustion of "underlying insurance" limits of liability. 4. We will be liable only for "ultimate net loss" resulting from any one "occurrence" in excess of: EU 70 0012 07 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 17 with its permission. 2. Unscheduled Underlying Insurance (2) The "bodily injury", "property damage", Any injury, damage, loss, cost or expense to "personal and advertising injury" or "er which "underlying insurance" applies if the ror or omission" arises from environ injury, damage, loss, cost or expense is the mental damage or pollution of the envi subject of a separate limit of liability which is ronment. This exclusion applies to all not stated in the Declarations of this Coverage "bodily injury", "property damage", "personal and advertising injury" or 'er- Part under the schedule of "underlying ror or omission"within the scope of this insurance". exclusion, including, for example and 3. Pollution without limitation, from exposure to a. "Bodily injury", "property damage", "pollutants" within a residential or corn- "personal and advertising injury" or "error mercial building or from discharges of or omission" which would not have "pollutants" from "your product". occurred in whole or in part but for the 4. Asbestos actual, alleged or threatened discharge, a. "Bodily injury", "property damage", dispersal, seepage, migration, release or "personal and advertising injury" or escape of "pollutants" at any time. This "error or omission" caused in whole or exclusion does not apply: in part by the actual, alleged or (1) To "bodily injury" if sustained within a threatened: building which is or was at any time (1) Inhalation of, ingestion of or physical owned or occupied by, or rented or exposure to "asbestos"; loaned to, any insured and caused by smoke, fumes, vapor or soot produced (2) Use of "asbestos" in construction or by or originating from -•uipment that is manufacture of any goods, products used to heat, cool i 4' midify the or structures; building, or equip - used to (3) Removal of "asbestos" from any heat water for p-�j `he goods, products or structures; building's occupants or i-i •440 (4) Manufacture, sale, transport, (2) To "bodily injury" or "propert a storage or disposal of "asbestos"; or arising out of heat, smoke o s from a"hostile fire"; or (5) Discharge, dispersal, seepage, migration, release or escape of (3) To "bodily injury" to any "employee" of a. "asbestos". the insured arising out of and in the course of: s, cost or expense arising out of (a) Employment by the insured; or (1 equest, demand, order or statutory (b) Performing duties related to the or regulatory requirement that any conduct of the insured's business. insured or others test for, monitor, b. Any loss, cost or expense arising out of clean up, remove, contain, treat, any: detoxify or neutralize, or in any way respond to, or assess the effects of, (1) Request, demand, order or statutory or "asbestos"; or regulatory requirement that any insured or others test for, monitor, clean up, (2)Claim or "suit" by or on behalf of a remove, contain, treat, detoxify or governmental authority for damages neutralize, or in any way respond to, or because of testing for, monitoring, assess the effects of, "pollutants"; or cleaning up, removing, containing, (2) Claim or suit' by or on behalf of a treating, detoxifying or neutralizing, governmental authority for damage or in any way responding to, or because of testing for, monitoring, assessing the effects of, "asbestos". cleaning up, removing, containing, 5. Employment-related Practices treating, detoxifying or neutralizing,or in "Bodily injury" or "personal and advertising any way responding to, or assessing injury" to: the effects of, "pollutants". a. A person arising out of any: c. This Pollution Exclusion applies whether or not: (1) Refusal to employ that person; (1) Such irritant or contaminant has any (2)Termination of that person's function in your business, operations, employment; or premises, site or location; or Page 2 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 0012 07 with its permission. (3) Employment-related practices, poli- Coverage U - Umbrella Liability cies, acts or omissions, such as co- A. Insuring Agreement ercion, demotion, evaluation, reas- signment, discipline, defamation, 1. We will pay on behalf of the insured the harassment, humiliation, discrimina- "ultimate net loss" in excess of the Retained tion or malicious prosecution di- Limit stated in the Declarations because of rected at that person; or "bodily injury" or "property damage" to which this insurance applies. b. The spouse, child, parent, brother or sister of that person as a consequence 2. This insurance applies to "bodily injury" and of "bodily injury" or "personal and "property damage"only if: advertising injury" to that person at a. Caused by an "occurrence" anywhere in whom any of the employment-related the world; practices described in Paragraph a.(1), b. The "bodily injury" or "property damage" a.(2)or a.(3)above is directed. occurs during the policy period; c. This exclusion applies: c. "Underlying insurance" does not apply; (1) Whether the injury-causing event and described in Paragraphs a.(1), a.(2) d. Prior to the policy period, no insured listed or a.(3) above occurs before under Paragraph A.1. of Section II - Who employment, during employment or Is An Insured Coverage U - Umbrella after employment of that person; Liability and no "employee" authorized by (2) Whether the insured may be liable you to give or receive notice of an as an employer or in any other "occurrence" or claim, knew that the capacity; and "bodily injury" or "property damage" had (3) To any obligation - damages occurred in whole or in part. If such a listed with or repay ��:,• ,:o who insured or authorized "employee" knew must pay dama74. •- sad- e prior to the policy period, that the "bodily injury. ` injury" or "property damage" occurred, then any continuation, change or 6. Damage To Your Work resumption of such bodily injury" or "Property damage" to "your work" ari "property damage" during or after the out of it or any part of it and included in the •: •cy period will be deemed to have been "products-completed operations hazard". it• , •rior to the policy period. This exclusion does not apply if the . :•• y t' or "property damage" which damaged work or the work out of which o • •r. :1 • ,g the policy period and was not, the damage arises was performed on your prior o ,e policy period, known to have behalf by a subcontractor. occurred by any insured listed under 7. Laws Paragraph A.1. of Section II - Who Is An Insured Coverage U -Umbrella Liability or Any liability or obligation for which the any "employee" authorized by you to give or insured or the insured's "underlying receive notice of an "occurrence" or claim, insurer" may be held liable under: includes any continuation, change or a. Workers' Compensation, disability ben- resumption of that "bodily injury" or "property ef its or unemployment compensation damage"after the end of the policy period. law; 4. "Bodily injury" or "property damage" will be b. The Employee's Retirement Income deemed to have been known to have occurred Security Act (E.R.I.S.A.), and any at the earliest time when any insured listed amendments thereto; under Paragraph A.1. of Section II - Who Is An Insured Coverage U - Umbrella Liability c. Any "auto" no-fault, personal injury or any "employee" authorized by you to give protection or uninsured or underinsured or receive notice of an "occurrence" or claim: motorist law; or d. Any other similar federal, state or local a. Reports all, or any part, of the "bodily law. injury" or "property damage" to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or EU 70 00 12 07 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 17 with its permission. c. Becomes aware by any other means that This exclusion applies whether the insured "bodily injury" or "property damage" has may be liable as an employer or in any other occurred or has begun to occur. capacity and to any obligation to share 5. The amount we pay for the "ultimate net loss" damages with or repay someone else who is limited as described in Section III - Limits must pay damages because of the injury. of Insurance. 4. Auto 6. No other obligation or liability to pay sums or "Bodily injury" or "property damage" arising perform acts is covered unless explicitly out of the ownership, maintenance, use or provided for under Coverage U Defense or entrustment to others of any "auto" owned or Supplementary Payments-Coverage E & U. operated by or rented or loaned to any insured B. Defense within the United States (including its territories and possessions), Puerto Rico and 1. In the absence of "underlying insurance", we Canada. Use includes operation and "loading will have the: and unloading". a. Right and duty to defend the insured This exclusion applies even if the claims against any "suit"; or against any insured allege negligence or other b. Right, at our discretion, to investigate and wrongdoing in the supervision, hire, settle any claim to which this insurance employment, training or monitoring of others applies. by that insured, if the "occurrence" which 2. We will have no duty to defend any insured causedthe "involvedy injury" or "property against any "suit": dammagage" the ownership, maintenance, use or entrustment to others of a. Seeking damages to which this insurance any "auto" that is owned or operated by or does not apply; or rented or loaned to any insured. b. After the applicable Li 1 . I urance of 5. Aircraft Or Watercraft this Coverage Part ha-it.-- p in the "Bodily injury" or "property damage" arising payment of judgments .4 At , out of the ownership, maintenance, use or C. Exclusions entrustment to others of any aircraft or This insurance does not apply to: watercraft owned or operated by or rented or I aned to any insured. Use includes operation 1. Expected Or Intended . "oading and unloading". "Bodily injury" or "property damage" expected . ion does not apply to an aircraft or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of a• 4i .-':: by, loaned to, or hired by you reasonable force to protect persons or wi . !.id crew; and property. b. Not owned by any insured. 2. Contractual This exclusion applies even if the claims Damages which the insured is obligated to pay against any insured allege negligence or other by reason of the assumption of liability in a wrongdoing in the supervision, hiring, contract or agreement. This exclusion does employment, training or monitoring of others not apply to liability that the insured would by that insured, if the "occurrence" which have in the absence of the contract or caused the "bodily injury" or "property agreement. damage" involved the ownership, maintenance, use or entrustment to others of 3. Employers Liability an aircraft or watercraft that is owned or "Bodily injury" to: operated by or rented or loaned to any a. An "employee" or "temporary worker" of insured. the insured arising out of and in the course 6. Damage To Property of: "Property damage"to: (1) Employment by the insured; or a. Property you own, rent or occupy, (2) Performing duties related to the including any costs or expenses incurred conduct of the insured's business; or by you or any other person, organization or b. The spouse, child, parent, brother or sister entity for repair, replacement, of that "employee" or "temporary worker" enhancement, restoration or maintenance as a consequence of Paragraph a.above. of such property for any reason, including prevention of injury to a person or damage to another's property; Page 4 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 0012 07 with its permission. b. Property loaned to you; a. Any actual or alleged failure, malfunction or c. Personal property in the care, custody or inadequacy of: control of the insured; (1) Any of the following, whether belonging d. That particular part of real property on to any insured or to others: which you or any contractors or (a) Computer hardware, including subcontractors working directly or microprocessors; indirectly on your behalf are performing (b)Computer application hardware; operations, if the "property damage arises (c) Computer operating systems and out of those operations; or related software; e. That particular part of any property that (d) Computer networks; must be restored, repaired or replaced because "your work" was incorrectly (e) Microprocessors (computer chips) performed on it. not part of any computer system; or 7. Damage To Your Product (f) Any other computerized or "Property damage" to "your product" arising electronic equipment or out of it or any part of it. components; or 8. Damage To Impaired Property Or Property (2) Any other products, and any services, Not Physically Injured data or functions that directly or indirectly use or rely upon, in any "Property damage" to "impaired property" or manner, any of the items listed in property that has not been physically injured, Paragraph a.(1)above; arising out of: due to the inability to correctly recognize, a. A defect, deficiency, --.dequacy or process, distinguish, interpret or accept dangerous condition in • . : oduct" or any calendar date or time of day. "your work"; or b. Any advice, consultation, design, b. A delay or failure by yo• • T. ' g evaluation, inspection, installation, on your behalf to perform a c•1����'"''"►*���� maintenance, repair, replacement or agreement in accordance with its . supervision provided or done by you or for 9. Recall Of Products, Work Or Impai ou to determine, rectify or test for, any Property ii,ntial or actual problems described in Damages claimed for any loss, cost or •• ph a.of this exclusion. expense incurred by you or others for the loss 1 . • ••u, • r`•t pleted Operations Hazard of use, withdrawal, recall, inspection, repair, "Bo:.,4ti n " or "property damage" included replacement, adjustment, removal or disposal within t • "products-completed operations of: hazard". a. "Your product"; 14. Employee Benefits b. "Your work"; or Damages arising out of the "administration" of c. "Impaired property"; "employee benefits". if such product, work, or property is withdrawn 15. Professional Services or recalled from the market or from use by any "Bodily injury" or "property damage" due to person or organization because of a known or the rendering or failure to render any suspected defect, deficiency, inadequacy or professional service, including but not limited dangerous condition in it. to: 10. Personal And Advertising Injury a. Legal, accounting or advertising services; "Personal and advertising injury". b. Preparing, approving, or failing to prepare 11. Excess Liability or approve maps, drawings, opinions, Any damages or expenses to which Coverage reports,surveys,change orders,designs or E.applies. specifications; 12. Electronic Year Recognition c. Electronic data processing, computer consulting, computer programming or "Bodily injury" or "property damage" arising computer software services, advice or directly or indirectly out of: instruction; d. Supervisory, inspection or engineering services; EU 70 0012 07 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 17 with its permission. I e. Medical, surgical, dental, x-ray or nursing b. Any loss, cost or expenses arising out of services; the abating, testing for, monitoring, f. Any health or therapeutic service, cleaning up, removing, containing, treating, treatment, advice or instruction; detoxifying, neutralizing, remediating or disposing of, or in any way responding to, g. Any service, treatment, advice or or assessing the effects of "fungi" or instruction for the purpose of appearance bacteria, by any insured or by any other or skin enhancement, hair removal or person or entity. replacement or personal grooming; 19. Racing Activities h. Optometry or optical or hearing aid "Bodily injury" or "property damage" arising services including the prescribing, out of the sponsorship or use of "mobile preparation, fitting, demonstration or equipment", watercraft or "autos" in, or while distribution of ophthalmic lenses and in practice for or while being prepared for, any similar products or hearing aid services; prearranged professional or organized racing, i. Body piercing services; speed, demolition, or stunting activity or j. Services in the practice of pharmacy; contest. k. Law enforcement or firefighting services; 20. Pollution and a. "Bodily injury" or"property damage", which I. Handling, embalming, disposal, burial, would not have occurred in whole or in part cremation or disinterment of dead bodies. but for the actual, alleged or threatened 16. War discharge, dispersal, seepage, migration, release or escape of "pollutants" at any "Bodily injury" or "property damage', however time. caused, arising directly or i . tly out of: b. Any loss, cost or expense arising out of a. War, including undecl. :`•,••Eil r any: b. Warlike action by a mil • - ••iy g (1) Request, demand, order or statutory or action in hindering or defen.mg a/ IiJ1III1II• ,,. regulatory requirement that any insured 1 or others test for, monitor, clean up, actual or expected attack, government, sovereign or other a" • remove, contain, treat, detoxify or using military personnel or other agents; • neutralize, or in any way respond to, or c. Insurrection, rebellion, revolution, usurped ess the effects of "pollutants"; or power, or action taken by governmental 44 . or "suit" by or on behalf of a authority in hindering or defending against 7 mental authority for damages any of these. f.: . se of testing for, monitoring, 17. Electronic Data cl-.ning up, removing, containing, treating,detoxifying or neutralizing, or in Damages arising out of the loss of, loss of use any way responding to or assessing the of, damage to, corruption of, inability to effects of, "pollutants". access, or inability to manipulate "electronic data". c. This Pollution Exclusion applies whether or not: 18. Fungi Or Bacteria (1) Such irritant or contaminant has any a. "Bodily injury" or "property damage" which function in your business, operations, would not have occurred, in whole or in premises, site or location; or part, but for the actual, alleged or threatened inhalation of, ingestion of, (2) The "bodily injury" or "property contact with, exposure to, existence of, or damage" arises from environmental presence of, any "fungi" or bacteria on or damage or pollution of the environment. within a building or structure, including its This exclusion applies to all "bodily contents, regardless of whether any other injury" and "property damage" within cause, event, material or product the scope of this exclusion, including, contributed concurrently or in any for example and without limitation, from sequence to such injury or damage. exposure to "pollutants" within a residential or commercial building or from discharges of "pollutants" from "your product". Page 6 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 00 12 07 with its permission. 21. Asbestos (2) Whether the insured may be liable as a. "Bodily injury" or "property damage" an employer or in any other capacity; caused in whole or in part by the actual, and alleged or threatened: (3) To any obligation to share damages (1) Inhalation of, ingestion of or physical with or repay someone else who must exposure to "asbestos"; pay damages because of the injury. 23. Laws (2) Use of "asbestos" in construction or Any liability or obligation for which the insured manufacture of any goods, products or may be held liable under: structures; (3) Removal of "asbestos"from any goods, a. Workers' Compensation, disability benefits or unemployment compensation law; products or structures; (4) Manufacture, sale, transport, storage or b. The Employee's Retirement Income disposal of"asbestos"; or Security Act (E.R.I.S.A.), and any amendments thereto; (5) Discharge, dispersal, seepage, c. Any "auto" no-fault, personal injury migration, release or escape of protection or uninsured or underinsured asbestos'. motorist law; b. Any loss, cost or expense arising out of d. Recording and distribution of material or any: information in violation of: (1) Request, demand, order or statutory or (1) The Telephone Consumer Protection regulatory requirement that any insured Act (TCPA), including any amendment or others test for, monitor, clean up, of or addition to such law; remove, contain, tr-- detoxify or neutralize, or in any - •ond to, or (2) The CAN-SPAM Act of 2003, including assess the effects % .--• • ", or any amendment of or addition to such (2) Claim or "suit" by .I • ,. „�.r a 4. law; or governmental authorit �or r.�j�;L (3) Any statute, ordinance or regulation, because of testing for, • to i , other than the TCPA or CAN-SPAM Act cleaning up, removing, co - of 2003, that prohibits or limits the treating,detoxifying or neutralizing,o sending or transmitting, any way responding to, or assessing ommunicating, or distribution of the effects of, "asbestos". ..-rial or information; 22. Employment-related Practices ,: ' ,it Credit Reporting Act (FCRA), "Bodily injury" to: , i%ing any amendment of or addition to •uch law, including the Fair and a. A person arising out of any: Accurate Credit Transaction Act (1) Refusal to employ that person; (FACTA); (2)Termination of that person's (5) The Fair Debt Collection Practices Act employment; or (FDCPA), including any amendment of (3) Employment-related practices, policies, or addition to such law;or acts or omissions, such as coercion, (6) Any federal, state or local statute, demotion, evaluation, reassignment, ordinance or regulation other than discipline, defamation, harassment, TCPA, CAN-SPAM Act of 2003, FCRA humiliation, discrimination or malicious or FDCPA and their amendments and prosecution directed at that person; or additions, that addresses, prohibits or limits the printing, dissemination, b. The spouse, child, parent, brother or sister of that person as a consequence of "bodily disposal, collecting, recording, sending, transmitting, communicating or injury" to that person at whom any of the employment-related practices described in distribution of material or information; or Paragraph a.(1), a.(2) or a.(3) above is e. Any other similar federal, state or local law. directed. c. This exclusion applies: (1)Whether the injury-causing event described in Paragraphs a.(1), a.(2) or a.(3) above occurs before employment, during employment or after employment of that person: EU 70 00 12 07 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 17 with its permission. 24. Terrorism (1) The "nuclear material": "Bodily injury" or "property damage" caused (a) Is at any "nuclear facility" owned by directly or indirectly by "terrorism", including or operated by or on behalf of an action in hindering or defending against an insured; or actual or expected incident of "terrorism". This (b) Has been discharged or dispersed exclusion applies regardless of any other there from. cause or event that contributes concurrently (2) The "nuclear material" is contained in or in any sequence to such injury or damage. "spent fuel" or "waste material" at any 25. Silica Or Silica-Related Dust time possessed, handled, used, proc- a. "Bodily injury" arising, in whole or in part, essed, stored, transported or disposed out of the actual, alleged, threatened or of, by or on behalf of an insured; or suspected inhalation of, or ingestion of, (3) The "bodily injury" or "property "silica" or "silica-related dust". damage" arises out of the furnishing by b. "Property damage" arising, in whole or in an insured of services, materials, parts part, out of the actual, alleged, threatened or equipment in connection with the or suspected contact with, exposure to, planning, construction, maintenance, existence of, or presence of, "silica" or operation or use of any "nuclear "silica-related dust". facility", but if such facility is located c. Any loss, cost or expense arising, in whole within the United States of America, its or in part, out of the abating, testing for, territories or possessions or Canada, monitoring, cleaning up, removing,contain- this Exclusion (3) applies only to"property damage" to such "nuclear ing, treating, detoxifying, neutralizing, facility" and any property thereat. remediating or disposing of or in any way responding to or asses s.tt the effect of Supplementary Payments-Coverage E & U "silica" or "silica-relat ' - " by any 1. When we have the duty to defend, we will pay, insured or by any othe -• •'®- with respect to any claim we investigate or settle, 26. Nuclear Energy or any "suit" against an insured we defend: a. To "bodily injury" or "property da • . •- , a. All expenses we incur. (1) With respect to which an insure. in r Up to $2,000 for the cost of bail bonds Coverage U is also an insured unde luding bonds for related traffic law nuclear energy liability policy issued by . s) required because of an Nuclear Energy Liability Association, • .e" we cover. We do not have to Mutual Atomic Energy Liability Under- ni . •onds. writers, Nuclear Insurance Association c. T • •onds to release attachments, but of Canada or any of their successors or only or ,•'ind amounts within the applicable would be insured under any such policy limit of insurance. We do not have to furnish but for its termination upon exhaustion these bonds. of its limit of liability;or d. All reasonable expenses incurred by the (2) Resulting from the "hazardous proper- insured at our request to assist us in the ties" of "nuclear material" with respect investigation or defense of the claim or "suit" to which: including actual loss of earnings up to $300 a (a) Any person or organization is day because of time off from work. required to maintain financial e. All court costs taxed against the insured in the protection pursuant to the Atomic "suit". However, these payments do not Energy Act of 1954, or any law include attorneys' fees or attorneys' expenses amendatory thereof; or taxed against the insured. (b)The insured is, or had this policy not f. Prejudgment interest awarded against the been issued would be, entitled to insured on that part of the judgment we pay. If indemnity from the United States of we make an offer to pay the applicable limit of America, or any agency thereof, insurance, we will not pay any prejudgment under any agreement entered into interest based on that period of time after the by the United States of America, or offer. any agency thereof, with any person g. All interest on the full amount of any judgment or organization. that accrues after entry of the judgment and b. To "bodily injury" or "property damage" before we have paid, offered to pay, or resulting from "hazardous properties" of deposited in court the part of the judgment "nuclear material", if: that is within the applicable limit of insurance. Page 8 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 00 12 07 with its permission. 2. When we have the right but not the duty to 2. Each of the following is also an insured: defend the insured and elect to participate in the a. Your "volunteer workers" only while defense, we will pay our own expenses but will performing duties related to the conduct of not contribute to the expenses of the insured or your business, your "employees", other the "underlying insurer". than either your "executive officers" (if you 3. These payments will not reduce the limits of are an organization other than a insurance. Partnership, Joint Venture or Limited 4. Under Coverage U, these payments are not Liability Company)or your managers(if you subject to the Retained Limit stated in the are a Limited Liability Company), but only Declarations. for acts within the scope of their employment by you or while performing Section II-Who Is An Insured duties related to the conduct of your The following persons or organizations are insureds business. However, none of these under this Coverage Part. "employees" or "volunteer workers" are an Coverage E- Excess Liability insured for: A. The Named insured shown in the Declarations; (1) "Bodily injury": and (a)To you,to your partners or members B. Any person or organization who is an insured or (if you are a partnership or joint venture), to your members (if you an additional insured in the "underlying insurance", but only to the extent the "underlying are a limited liability company), to a insurance" applies. If coverage provided to an co-"employee" in the course of his additional insured is required by contract or or her employment or performing duties related to the conduct of your agreement, the most we will pa in behalf of the additional insured is the les-- • e amount business or to your other "volunteer payable under Section III - 31i .urance workers" while performing duties or the amount of insurans- -• 'M. '-� he related to the conduct of your �, business; contract or agreement, less any .di 01 t •: .le by "underlying insurance". (b)To the spouse, child, parent, brother Coverage U - Umbrella Liability or sister of that co-"employee" or "volunteer worker" as a A. Except for liability arising out of the ownershi , consequence of Paragraph (1)(a) maintenance or use of an "auto": .bove; 1. If you are designated in the Declarations as: q hich there is any obligation to a. An Individual, you and your spouse are 4meone -re damages with or repay insureds, but only with respect to the else who must pay conduct of a business of which you are the damages because of the injury sole owner. described in Paragraphs (1)(a) or(b) b. A Partnership or Joint Venture, you are an above; or insured. Your members,your partners, and (d)Arising out of his or her providing or their spouses are also insureds, but only failing to provide professional health with respect to the conduct of your care services. business. (2) "Property damage"to property: c. A Limited Liability Company, you are an (a)Owned, occupied or used by; insured. Your members are also insureds, (b) Rented to, in the care, custody or but only with respect to the conduct of control of, or over which physical your business. Your managers are control is being exercised for any insureds, but only with respect to their purpose by duties as your managers. d. An organization other than a Partnership, You, any of your "employees", Joint Venture or Limited Liability Company, "volunteer workers", any partner or member (if you are a Partnership or you are an insured. Your "executive Joint Venture), or any member (if you officers" and directors are insureds, but only with respect to their duties as your are a Limited Liability Company). officers or directors. Your stockholders are b. Any person (other than your "employees" also insureds, but only with respect to their or "volunteer worker"), or any organization liability as stockholders. while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: EU 70 00 12 07 Includes copyrighted material of Insurance Services Office, Inc., Page 9 of 17 with its permission. (1) With respect to liability arising out of f. "Employees" with respect to "bodily injury" the maintenance or use of that to any fellow "employee" of the insured property; and arising out of and in the course of the (2) Until your legal representative has been fellow "employee's" employment or while appointed. performing duties related to the conduct of your business. d. Your legal representative if you die, but 3. Anyone liable for the conduct of an insured only with respect to duties as such. That described in Paragraphs B.1. and 2. above is representative will have all your rights and also an insured, but only to the extent of that duties under this Coverage Part. liability. 3. Any organization you newly acquire or form, No person or organization is an insured with other than a Partnership, Joint Venture or respect to the conduct of any current or past Limited Liability Company, and over which you Partnership, Joint Venture or Limited Liability maintain ownership or majority interest, will Company that is not shown as a Named Insured qualify as a Named Insured if there is no other in the Declarations. similar insurance available to the organization. However: Section III-Limits Of Insurance a. Coverage under this provision is afforded A. The Limits of Insurance shown in the Declarations only until the 90th day after you acquire or and the rules below fix the most we will pay under form the organization or the end of the Coverages E and U combined, regardless of the policy period,whichever is earlier; and number of: b. Coverage does not apply to "bodily injury" 1. Insureds; or "property damage" that occurred before 2. Coverage provided by this Coverage Part; you acquired or formed t ganization. 3. Claims made, "suits" brought, or number of B. Only with respect to liabilit • • t of the vehicles or watercraft involved; or ownership, maintenance or u • 01 •". 4. Persons or organizations making claims or 1. You are an insured. bringing "suits". 2. Anyone else while using with your iss' he General Aggregate Limit is the most we will an "auto" you own, hire or borrow is o n •;y for the sum of all "ultimate net loss" under insured except: r,. •es E and U, except "ultimate net loss" a. The owner or anyone else from whom you •. -- •,"•odily injury" or"property damage": hire or borrow an "auto". This exception 0! s • A. t .f the ownership, maintenance, does not apply if the "auto" is a trailer or - " •+1• 2, or unloading" or entrustment to semi-railer connected to an "auto" you other go' -' "auto"; or own. 2. Included in the "products-completed b. Your "employee" if the "auto" is owned by operations hazard". that "employee" or a member of his or her household. C. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all c. Someone using an "auto" while he or she "ultimate net loss" under Coverage E because of is working in a business of selling, "bodily injury" or "property damage" included in servicing, repairing, parking or storing the "products-completed operations hazard". "autos" unless that business is yours. D. Subject to Paragraph B. or Paragraph C. above, d. Anyone other than your "employees", whichever applies, the Each Occurrence Limit is partners (if you are a Partnership) or a the most we will pay for the sum of all "ultimate member (if you are a Limited Liability net loss" under Coverages E and U because of Company), or a lessee or borrower or any all damages arising out of any one "occurrence". of their "employees", while moving property to or from an "auto". The Aggregate Limits, as described in Paragraphs B. and C. above, apply separately to each consecutive e. A partner (if you are a Partnership), or a annual period and to any remaining period of less member (if you are a Limited Liability than 12 months, starting with the beginning of the Company) for an "auto" owned by him or policy period shown in the Declarations, unless the her or a member of his or her family. 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 Limits of Insurance. Page 10 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 0012 07 with its permission. Section IV-Conditions d. Assist us, upon our request, in the We have no duty to provide coverage under this enforcement of any right against any Coverage Part unless you and any other insured person or organization which may be liable to the insured because of injury or damage have fully complied with the Conditions contained in to which this insurance may also apply. this Coverage Part. A. Appeals 4. No insured will, except at the insured's own PP cost, voluntarily make a payment, assume any If the "underlying insurer" or insured elects not to obligation or incur any expense, without our appeal a judgment in excess of the available limit consent. of "underlying insurance" or the retained limit D. Expanded Coverage Territory stated in the Declarations, we may do so at our own expense. We will be liable for taxable costs, 1. If a "suit" to which this insurance applies is interest and disbursements. Such appeal does brought outside the United States of America not increase the Limits of Insurance. (including its territories and possessions), Puerto Rico or Canada, we will have the right B. Bankruptcy but not the duty to defend the insured against 1. Bankruptcy Of Insured such "suit". Bankruptcy or insolvency of the insured or of In any such case in which we elect not to the insured's estate will not relieve us of our defend, the insured will at our option and obligations under this Coverage Part. under our supervision: 2. Bankruptcy of Underlying Insurer a. Make or cause to be made such Bankruptcy of the "underlying insurer" will not investigation and defense as are relieve us of our obligations under Coverage reasonably necessary; and E. however, this insurance •ii -pply as if the b. To the extent possible, effect such "underlying insurance" wer: • T I - ect. settlement or settlements as we shall deem C. Duties In The Event Of Oc AO • Or proper. Suit We will reimburse the insured, under 1. You must see to it that we are notifi:-4 -s orillSupplementary Payments - Coverage E & U as practicable of an "occurrence", re.:i•I for the reasonable cost of such investigation of the amount, which may result in a claim. d defense and, within the limits of liability, the extent possible, notice should include: a amounts of such authorized a. How, when and where the "occurrence" �,y, - .r reimbursements we make for took place; .ecause of judgments or b. The names and addresses of any injured d g persons and witnesses; and settle a . will be made in U.S. currency at the prevailing exchange rate at the time the c. The nature and location of any injury or insured became legally obligated to pay such damage arising out of the"occurrence". sums. All payments or reimbursements we 2. If a claim is made or "suit" is brought against make for expenses under Supplementary any insured, you must: Payments -Coverages E& U will be made in U.S. currency at the prevailing exchange rate a. Immediately record the specifics of the at the time the expenses are incurred. claim or "suit" and the date received; and 3. Any disputes between you and us as to b. Notify us as soon as practicable. whether there is coverage under this Coverage You must see to it that we receive written Part must be filed in the courts of the United notice of the claim or "suit" as soon as States of America (including its territories and practicable. possessions), Puerto Rico or Canada. 3. You and any other involved insured must: E. Legal Action Against Us a. Immediately send us copies of any No person or organization has a right under this demands, notices, summonses or legal Coverage Part: papers received in connection with the 1. To join us as a party or otherwise bring us into claim or "suit"; a "suit" asking for damages from an insured; b. Authorize us to obtain records and other or information; 2. To sue us on this Coverage Part unless all of c. Cooperate with us in the investigation or its terms have been fully complied with. settlement of the claim or defense against the "suit"; and EU 70 00 12 07 Includes copyrighted material of Insurance Services Office, Inc., Page 11 of 17 with its permission. A person or organization may sue us to recover 2. When this insurance is excess over other on an agreed settlement or on a final judgment insurance, we will pay only our share of the against an insured; but we will not be liable for "ultimate net loss" that exceeds the sum of: damages that are not payable under the terms of a. The total amount that all such other this Coverage Part or that are in excess of the insurance would pay for the loss in the applicable limit of insurance. An agreed absence of this insurance; and settlement means a settlement and release of liability signed by us,the insured and the claimant b. The total of all deductible and self-insured or the claimant's legal representative. amounts under all that other insurance. F. Loss Payable I. Premium Audit We will have no liability under Coverage E unless 1. We will compute all premiums for the and until the insured's "underlying insurer" has Coverage Part in accordance with our rules become obligated to pay the underlying limit. We and rates. will have no liability under Coverage U unless and 2. The premium for this Coverage Part is until the insured has become obligated to pay the designated in the Declarations as an Advance retained limit. Such obligation to pay part of the Premium or a Flat Charge Premium. "ultimate net loss" shall have been previously a. An Advance is a premium determined by a final settlement or judgment after Anly. At the Premiumclose of each audit deposit period m m an actual trial or written agreement between the owill compute theo earnedec premium for that e insured, claimant and us.The first Named Insured o o and shown in the Declarations will promptly reimburse period.payableAudit notice premiums the are first due and us for any damages we pay which are within the Insured. onIf the sume tofo the advance and Retained Limit stated in the Declarations. audit premiums paid for the policy period is G. Maintenance Of Underlyin Insurance - greater than the earned premium, we will Coverage E return the excess to the first Named You shall maintain in full for • a. , ing Insured. the term of this Coverage Part . '• i,�ii1, g b. A Flat Charge Premium is not subject to lte insurance"stated in the Declarations. In, • audit or adjustment. you fail to do so: The first Named Insured must keep records of 1. Coverage E will apply only to the extent th information we need for premium would have been applied if the "underlying tion, and send us copies at such insurance" had been maintained as specified; '- • ay request. and J. Re • • '+ Or Fraud 2. Coverage U will not fill the "underlying insurance" gap created by your failure to By accep n4 is policy, you agree: maintain Coverage E"underlying insurance". 1. The statements in the Declarations are Failure to reinstate any aggregate limit reduced or accurate and complete; exhausted solely by "occurrences" which take 2. Those statements are based upon place during the term of this Coverage Part shall representations you made to us; not be interpreted as failure to maintain the 3. We have issued this policy in reliance upon "underlying insurance" in force. your representations; and H. Other Insurance 4. This policy is void in any case of fraud by you 1. This insurance is excess over, and shall not as it relates to this policy or any claim under contribute with, any other insurance, whether this policy. primary, excess, contingent or on any other K. Separation Of Insureds basis. This condition will not apply to insurance specifically written as excess over Except with respect to Limits of Insurance, and this Coverage Part. any rights or duties specifically assigned to the first Named Insured,this insurance applies: When this insurance is excess, we will have no duty to defend the insured against any"suit" if 1. As if each Named Insured were the only any other insurer has a duty to defend the Named Insured; and insured against that "suit". If no other insurer 2. Separately to each insured against whom defends, we will undertake to do so, but we claim is made or"suit" is brought. will be entitled to the insured's rights against those other insurers. Page 12 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 0012 07 with its permission. L. Coverage E-Transfer Of Defense a. Providing information to "employees", When the underlying limits of insurance have including their dependents and beneficiaries, with respect to eligibility for or scope of been used up in the payment of judgments, the duty to defend will be transferred to us. We will employee benefits"; cooperate in the transfer of control to us of any b. Interpreting "employee benefits"; outstanding claims or suits seeking damages to c. Handling of records in connection with the which this insurance applies which would have "employee benefits"; or been covered by the "underlying insurance" had d. Effecting, continuing or terminating any the applicable limit not been used up. "employee's' participation in any benefit M.Transfer Of Rights Of Recovery Against Others included in "employee benefits" To Us by you or a person or organization authorized by If the insured has rights to recover all or part of you to perform such acts. any payment we have made under this Coverage However, "administration" does not include Part, those rights are transferred to us. The handling payroll deductions. insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or 2. "Advertisement" means a notice that is transfer those rights to us and help us to enforce broadcast or published to the general public them. or specific market segments about your Any amounts recovered shall be apportioned in goods, products or services for the purpose of reverse order to payment, as follows: attracting customers or supporters. For the purpose of this definition: 1. The payer of any amount over and above our a. Notices that are published include material payment shall first be reimbursed; placed on the Internet or on similar 2. We shall be reimbursed to, -- amount paid electronic means of communication; and hereunder; and b. Regarding web-sites, only that part of a 3. Lastly any remainder sh. = •it-• t•+ a web-site that is about your goods, interests of those to whom t . iv• . - is products or services for the purposes of excess. attracting customers or supporters is Each concerned interest will share expe f considered an advertisement. recovery in proportion to the amounts recovere .-stos" means not only the natural fibrous N. When We Do Not Renew firms of impure magnesium silicate, If we decide not to renew this Covera e Part, we Fip s•. a material, goods, product or g - • � ich it is a part. will mail or deliver to the first Named Insured V► shown in the Declarations written notice of the 4. "Auto - s: nonrenewal not less than 30 days before the a. A land motor vehicle, trailer or semitrailer expiration date. designed for travel on public roads, If notice is mailed, proof of mailing will be including attached machinery or sufficient proof of notice. equipment; or O. Two Or More Coverage Forms Or Policies b. Any other land vehicle that is subject to a Issued By Us compulsory or financial responsibility law If this Coverage Form and any other Coverage or other motor vehicle insurance law in the state where it is licensed or principally Form or policy issued to you by us or any company affiliated with us apply to the same garaged. "occurrence", the aggregate maximum Limit of However, "auto" does not include "mobile Insurance under all the Coverage Forms or equipment". policies shall not exceed the highest applicable 5. "Bodily injury" means bodily injury, disability, Limit of Insurance under any one Coverage Form sickness or disease sustained by a person, or policy. This condition does not apply to any including death resulting from any of these at Coverage Form or policy issued by us or any any time. "Bodily injury" includes mental affiliated company to apply: anguish or other mental injury resulting from 1. As "underlying insurance"; or "bodily injury" 2. Specifically as excess insurance over this Damages because of "bodily injury" include Coverage Form or policy. damages claimed by any person or Section V - Definitions organization for care, loss of services or death resulting at any time from the "bodily injury". 1. "Administration" means: EU 70 0012 07 Includes copyrighted material of Insurance Services Office, Inc., Page 13 of 17 with its permission. • 6. "Electronic data" means information, facts or 10. "Executive officer" means a person holding programs stored as or on, created or used on, any of the officer positions created by your or transmitted to or from computer software, charter, constitution, by-laws or any other including systems and applications software, similar governing document. hard or floppy disks,CD-ROMS, tapes, drives, 11. "Fungi" means any type or form of fungus, cells, data processing devices or any other including mold or mildew and any mycotoxins, media which are used with electromagnetically spores, scents or byproducts produced or controlled equipment. released by "fungi". 7. "Employee" includes a "leased worker". 12. "Hazardous properties" includes radioactive, "Employee" does not include a "temporary toxic or explosive properties. worker" 13. "Hostile fire" means one which becomes However, with respect to "employee benefits" uncontrollable or breaks out from where it was to which: intended to be. a. Coverage E may apply, "employee" does 14. "Impaired property" means tangible property, not include a "leased worker" or a other than "your products" or"your work" that "temporary worker". cannot be used or is less useful because: b. Coverage U does not apply, "employee" a. It incorporates "your product" or "your means a person actively employed, work" that is known or thought to be formerly employed, on leave of absence, defective, deficient, inadequate or disabled or retired. "Employee" includes a dangerous; or "leased worker"or a "temporary worker". b. You have failed to fulfill the terms of a 8. "Employee benefits" means: contract or agreement. a. Insurance programs for: if such property can be restored to use by: (1) Group life; a. The repair, replacement, adjustment or (2) Group accident an . 0 removal of "your product" or "your work"; (3) Dental,vision and heari : plan or (4) Flexible Spending Accounts; b. Your fulfilling the terms of the contract or agreement. (5) Social Security and disability benefit ed worker" means a person leased to (6) Workers Compensation; and a labor leasing firm under an (7) Unemployment. b-tween you and the labor leasing • : •1'm duties related to the conduct b. Group plans for: o ,, i ness. "Leased worker" does not (1) Profit sharing; include . emporary worker". (2) Pension; 16. "Loading or unloading" means the handling of (3) Employee stock subscription; property: (4) Employee savings plans; and a. After it is moved from the place where it is accepted for movement into or onto an (5) Employee stock ownership plans. aircraft, watercraft or"auto"; c. Vacation plans, including buy and sell b. While it is in or on an aircraft, watercraft or programs; leave of absence programs, "auto"; or including military, maternity, family and civil leave, tuition assistance plans; c. While it is being moved from an aircraft, transportation and health club subsidiaries; watercraft or"auto" to the place where it is and finally delivered; d. Other similar employee benefits identified but "loading or unloading" does not include by separate endorsement. the movement of property by means of a mechanical device, other than a hand truck 9. "Error or omission" means an act negligently that is not attached to the aircraft, watercraft committed in: or"auto". a. The "administration" of your "employee 17. "Mobile equipment" means any of the benefits"; or following types of land vehicles, including any b. Providing printing and graphic arts services attached machinery or equipment; or any other business service a. Bulldozers, farm machinery, forklifts and specifically identified in the Declarations of this other vehicles designed for use principally Coverage Part under the schedule of off public roads; "underlying insurance". Page 14 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 00 12 07 with its permission. b. Vehicles maintained for use solely on or b. Any equipment or device designed or used next to premises you own or rent; for: c. Vehicles that travel on crawler treads; (1) Separating the isotopes of uranium or d. Vehicles, whether self-propelled or not, plutonium; maintained primarily to provide mobility to (2) Processing or utilizing "spent fuel"; or permanently mounted: (3) Handling, processing or packaging (1) Power cranes, shovels, loaders, diggers "waste material"; or drills; or c. Any equipment or device used for the (2) Road construction or resurfacing processing, fabricating or alloying of equipment such as graders, scrapers or "special nuclear material' if at any time the rollers; total amount of such material in the e. Vehicles not described in Paragraph a., b., custody of the insured at the premises c. or d. above that are not self-propelled where such equipment or device is located and are maintained primarily to provide consists of or contains more than 25 grams mobility to permanently attached of plutonium or uranium 233 or any equipment of the following types: combination thereof or more than 250 grams of uranium 235; (1) Air compressors, pumps and d. Any structure, basin, excavation, premises generators, including spraying, welding, or place prepared or used for the storage building cleaning, geophysical or disposal of "waste material"; exploration, lighting and well servicing equipment; or and includes the site on which any of the (2) Cherry pickers and si . .r devices used foregoing is located, all operations conducted to raise or lower woS on such site and all premises used for such operations. f. Vehicles not describe • :p s a., 19. "Nuclear material" means "source material", b., c. or d. above mai • p �•r "special nuclear material" or "by-products purposes other than the t . spof . 44material". "Source material", "special nuclear person or cargo. material" and "by-product material" have the However, self-propelled vehicles wit' anings given them in the Atomic Energy Act following types of permanently attach • : •4 or in any law amendatory thereof. equipment are not "mobile equipment" but will it „ --rreactor" means any apparatus be considered "autos"; •: i•)tsed to sustain nuclear fission in (1) Equipment designed primarily for: a : +ing chain reaction or to contain a (a) Snow removal; critica m:- of fissionable material (b) Road maintenance, but not 21. "Occurrence" means: construction or resurfacing; or a. With respect to "bodily injury" and (c) Street cleaning; "property damage", an accident, including continuous or repeated exposure to (2) Cherry pickers and similar devices substantially the same general harmful mounted on automobile or truck chassis conditions. and used to raise or lower workers; and b. With respect to "personal and advertising (3) Air compressors, pumps and generators, injury",an offense; and including spraying, welding, building cleaning, geophysical exploration, lighting c. With respect to "error or omission", a and well servicing equipment. negligent act. However, "mobile equipment" does not 22. "Personal and advertising injury" means injury, include any land vehicles that are subject to a including consequential "bodily injury" arising compulsory or financial responsibility law or out of one or more of the following offenses: other motor vehicle insurance law in the state a. False arrest, detention or imprisonment; where it is licensed or principally garaged. b. Malicious prosecution; Land vehicles subject to a compulsory or financial responsibility law or other motor c. The wrongful eviction from, wrongful entry vehicle insurance law are considered "autos". into or invasion of the right of private 18. "Nuclear facility" means: occupancy of a room, dwelling or premises that a person occupies, committed by or a. Any"nuclear reactor" on behalf of its owner, landlord or lessor; EU 70 00 12 07 Includes copyrighted material of Insurance Services Office, Inc., Page 15 of 17 with its permission. d. Oral or written publication, in any manner, (1)The transportation of property, unless of material that slanders or libels a person the injury or damage arises out of a or organization or disparages a person's or condition in or on a vehicle not owned organization's goods, products or services; or operated by you, and that condition e. Oral or written publication, in any manner was created by the "loading or of material that violates a person's right of unloading" of that vehicle by any privacy; insured; f. The use of another's advertising idea in (2) The existence of tools, uninstalled your"advertisement" or equipment or abandoned or unused g. Infringing upon another's copyright, trade materials; or dress or slogan in your "advertisement". (3) Products or operations for which the 23. "Pollutants" means any solid, liquid, gaseous, classification on the Declarations of a bacterial, viral, electromagnetic or thermal policy of "underlying insurance" states that products-completed operations irritant or contaminant, including but not limited to, smoke, vapor, soot, acids, alkalis, are subject to the General Aggregate harmful or toxic chemicals, fuels, motor oil, Limit. petroleum products, cleaning solvents, dry 25. "Property damage" means: cleaning fluids,brake fluids,transmission fluid, a. Physical injury to tangible property, antifreeze, exhaust gases, lead, lead paint, including all resulting loss of use of that carbon monoxide, sewage, ink, toner, waste property. All such loss of use shall be and fumes, including but not limited to welding deemed to occur at the time of the fumes, paint fumes and glue fumes. physical injury that caused it; or Waste includes, but is not Ii I ited to, material b. Loss of use of tangible property that is not to be recycled, reconditione St eclaimed. physically injured. All such loss of use shall A substance does not I�� s A.cter of be deemed to occur at the time of the being a "pollutant" by virt r. •. ul "occurrence" that caused it. function. "Property damage" includes all forms of 24. "Products-completed operations ha " radioactive contamination of property. a. Includes all "bodily injury" and "prop •r the purposes of this insurance, "electronic damage" occurring away from premis • . ." 's not tangible property. you own or rent and arising out of "your t ; • -ans silicon dioxide (occurring in product" or "your work" except: s : r - :i orphous and impure forms), (1) Products that are still in your physical s • •• ► : , silica dust or silica compounds. possession; or 27. "Silica-r: . ed dust" means a mixture or (2) Work that has not been completed or combination of silica and other dust or abandoned. However, "your work" will particles. be deemed completed at the earliest of 28. "Spent fuel" means any fuel element or fuel the following times: component, solid or liquid, which has been (a) When all of the work called for in used or exposed to radiation in a "nuclear your contract has been completed. reactor". (b)When all of the work to be done at 29. "Suit" means a civil proceeding in which the job site has been completed if damages because of "bodily injury", "property your contract calls for work at more damage", "personal and advertising injury" or than one job site. "errors and omissions"to which this insurance (c) When that part of the work done at applies are alleged. "Suit" includes: a job site has been put to its a. An arbitration proceeding in which such intended use by any person or damages are claimed and to which the organization other than another insured must submit or does submit with contractor or subcontractor working our consent; or on the same project. b. Any other alternative dispute resolution Work that may need service, proceeding in which such damages are maintenance, correction, repair or claimed and to which the insured submits replacement, but which is otherwise with our consent or the "underlying complete,will be treated as completed. insurer's" consent. b. Does not include "bodily injury" or "property damage" arising out of: Page 16 of 17 Includes copyrighted material of Insurance Services Office, Inc., EU 70 00 12 07 with its permission. 30. "Temporary worker" means a person who is a. Containing "by-product material" other furnished to you to substitute for a permanent than the tailings or wastes produced by the "employee" on leave or to meet seasonal or extraction or concentration of uranium or short-term workload conditions. thorium from any ore processed primarily 31. "Terrorism" means activities against persons, for its "source material" content; and organizations, or property of any nature: b. Resulting from the operation by any person a. That involve the following or preparation for or organization of any "nuclear facility" the following: included under the first two paragraphs of the definition of"nuclear facility'. (1) Use or threat of force or violence; 37. "Your product": (2) Commission or threat of a dangerous act; or a. Means: (3) Commission or threat of an act that (1) Any goods or products, other than real interferes with or disrupts an electronic, property, manufactured, sold, handled, communication, information or distributed or disposed of by: mechanical system; and (a)You; b. When one or both of the following applies: (b)Others trading under your name; or (1)The effect is to intimidate or coerce a (c) A person or organization whose government or the civilian population or business or assets you have any segment thereof, or to disrupt any acquired; and segment of the economy; or (2) Containers (other than vehicles), (2) It appears that the intent is to intimidate materials, parts or equipment furnished or coerce a govern or to further in connection with such goods or political, ideological, : i'i . social or products. economic objectiv: • t% 40•r- s (or b. Includes: express opposition • . ..lip.%.•vat•r ideology. (1) Warranties or representations made at any time with respect to the fitness, 32. "Ultimate net loss" means the total . qv a r quality, durability, performance or use reduction for recoveries or sa a of "your product"; and collectible, that the insured becomes lega obligated to pay as damages by reason of he providing of or failure to provide settlement or judgments or any arbitration or w: in•s or instructions. other alternative dispute method entered into o, - p• include vending machines or with our consent. t r • •perry rented to or located for the 33. "Underlying insurance" means any policies of use • •thers but not sold. insurance listed in the Declarations under the 38."Your work": schedule of "underlying insurance". a. Means: "Underlying insurance" that would apply but for the exhaustion of its Limit of Insurance is (1) Work or operations performed by you or still considered to be applicable "underlying on your behalf; and insurance". (2) Materials, parts or equipment furnished 34. "Underlying insurer" means any insurer who in connection with such work or provides any policy of insurance listed in the operations. Declarations under the schedule of b. Includes: "underlying insurance". (1) Warranties or representations made at 35. "Volunteer worker" means a person who is not any time with respect to the fitness, your "employee" and who donates his or her quality, durability, performance or use work and acts at the direction of and within of"your work" and the scope of duties determined by you, and is (2) The providing of or failure to provide not paid a fee, salary or other compensation warnings or instructions. by you or anyone else for their work performed for you. 36. "Waste material" means any waste material: EU 70 00 12 07 Includes copyrighted material of Insurance Services Office, Inc., Page 17 of 17 with its permission. POLICY NUMBER:A0040142007 COMMERCIAL EXCESS/UMBRELLA EU 70 91 05 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies the coverage provided under the following: COMMERCIAL EXCESS/UMBRELLA COVERAGE PART With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Person Or Organization: Any Additional Insured as required by written contract or written agreement executed prior to loss (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph H. Other (4) Affords indemnification and/or defense of Insurance of Section IV-Conditions: the designated person or organization to 1. This insurance is primary to and will not seek the extent permitted by law. contribution from any other insurance available 2. This condition does not apply to: to the person or organization shown in the a. Other insurance, not included in Paragraph 1. Schedule above, provided that such designated above, that may be available to the person or organization: designated person or organization outside of a. Is identified as an additional insured in the your written contract or agreement; or "underlying insurance"; b. Liability which: b. Is a Named Insured under such other (1) May attach to the designated person or insurance; and organization and is not assumed by your c. Has agreed with you in a written contract or written contract or agreement; or agreement that: (2) Is assumed by the designated person or (1) Is signed and effective prior to an organization under any other written "occurrence" to which this insurance contract assuming the obligations of applies; another. (2) This insurance would be primary and would not seek contribution from such other insurance identified in Paragraphs 1.a.and 1.b.above; (3) Agrees to indemnify or defend the designated person or organization for liability and damages covered by the "underlying insurance"; and EU 70 91 05 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0040142 with its permission. 06/11/2018 Middlesex Insurance Company 1 00001 0000000000 18162 0 N 6e2833f9-d9d9-4b4b-a502-931625508965 of 3 originals Bond#WIC 57241 PERFORMANCE BOND CITY OF OSHKOSH Contract Number 19-02+Alternate No. 1 &2 Date Bond Executed(Date of Contract or Later) July 18,2019 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Advance Construction, Inc. 2141 Woodale Avenue Individual Partnership Green Bay,WI 54313 X Corporation State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Merchants Bonding Company(Mutual) ($2,901,799.00) 6700 Westown Pkwy Two Million Nine Hundred One West Des Moines, IA 50266 Thousand Seven Hundred Ninety Nine Dollars and 00/100 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract,then the Surety(ies)obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested,the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five(5)business days of the request for conference. If the Owner, Contractor and Surety agree,the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default;and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor,with consent of the Owner,to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner,as soon as practicable after an amount is determined for completion of the Contract;or 5. Deny liability in whole or in part and notify the Owner,citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness,Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five(5)business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above,Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner,Surety and/or Contractor at their address as specified on this Bond or to a facsimile,email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Advance Construction. Inc. Merchants Bonding Company(Mutual) Name of Principal/Contractor Name of Surety 4...e.a..40476- - Title Title Pamela L. Ronski,Attorney-in-Fact • r.g of 3 originals Bond#WIC 57241 PAYMENT BOND CITY OF OSHKOSH Contract Number 19-02+Alternate No. 1 &2 Date Bond Executed(Date of Contract or Later) July 18,2019 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization Advance Construction, Inc. 2141 Woodale Avenue Green Bay,WI 54313 _Individual Partnership X Corporation State of Incorporation Wisconsin SURETY(IES) (Legal Name(s)and Business Address(es)) Penal Sum of Bond Merchants Bonding Company(Mutual) ($2,901,799.00) 6700 Westown Pkwy Two Million Nine Hundred One West Des Moines, IA 50266 Thousand Seven Hundred Ninety Nine Dollars and 00/100 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors, administrators,successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above,which is incorporated herein by reference,subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract,then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims,if any,under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim,demand,lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner,claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to,or give notice on behalf of claimants,or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2)business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner,Surety and/or Contractor at their address as specified on this Bond or to a facsimile,email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Advance Construction. Inc. Merchants Bonding Company(Mutual) Name of Principal/Contractor Name of Surety 0.AVJZ. ‘-R0v-vc)(5.)._, Title / Title Pamela L. Ronski,Attorney-in-Fact . MERCHANTS BONDING COMPANY„. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Pamela L. Ronski their true and lawful Attorney-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Surety Bond#:WIC 57241 Principal:Advance Construction, Inc. Obligee: City of Oshkosh This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this18th day of July,2019. ,,,,,,,,,,,,, ..•••.. .'*4P• p '••��.. • .*•••NGO'.'4• MERCHANTS BONDING COMPANY(MUTUAL) y .o tr4.. O• •�Or0RPa94?y• MERCHANTS NATIONAL BONDING,INC. Z:2 . -o- �p 0: ti—:•z -o- � :'� �`: 2003 :`4) :•6• 1933 : .y0. ti. By /7.067 o�' , $ d' .... ••ate• . '•.� � •�•` •.�W � L,•� President STATE OF IOWA .......■"' COUNTY OF DALLAS ss. On this this 18th day of July 2019 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. cilat ALICIA K.GRAM O v Commission Number 767430 z : My Commission Expires �+ /owl. April 1,2020 y` Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 18th day of July, 2019. v'+ 2003 ;f .'. 1933 :c; Secretary