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Highway Landscapers PW 19-01
' 1300 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 29th day of August, 2019, by and between the CITY OF OSHKOSH, party of the first part,hereinafter referred to as CITY, and Highway Landscapers, Inc., 1900 Bohm Drive, Little Chute, WI 54140, 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. 19-01 For West Waukau Avenue Gallups-Merritts Creek Crossing Reconstruction in the City of Oshkosh, pursuant to Resolution 19-479 adopted by the Common Council of the City of Oshkosh on the 27th day of August, 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 Nine hundred forty thousand two hundred twenty-five dollars and 77/100 ($940,235.77), 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 arty 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 e Presence of: CONTRACTOR Highway dscapers, Inc. 600 VL VC By: / LAIL C1LA-£, but 6z4 r yv t ez,k-- (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) 3 • CITY OF OSHKOSH By: ��- Mark A. Rohloff, City Manager (Witness) And: f(7)a-)\,02) (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract Lynn . Lorenson, City Attorney /01----24-7 Russ Van Gompel, City Comptroller 4 ORIGINAL RECEIVED PERFORMANCE BOND SEP - 3 2019 CITY OF OSHKOSH DEPT OF PUBLIC WORKS Bond No. 11175719._.. �5F1i.0-SFf, W SZOITSIN Contract Number 19-01 Date Bond Executed(Date of Contract or Later) August 29,2019 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization HIGHWAY LANDSCAPERS,INC. _Individual _Partnership 1900 Boehm Drive iL Corporation Little Chute,WI 54140 State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond $940,235.77 THE HANOVER INSURANCE COMPANY 440 Lincoln Street Worcester,MA 01653 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. Highway Landscapers,Inc. The Hanover Insurance Company Name of Principal/Contractor Name of Surety ` 1 '( K.GtN\-4'\2 1 Qyl Title Title Roxanne Jensen,Attorney-in-Fact C) PAYMENT BOND SEP _ 3 2019 CITY OF OSHKOSH Bond No. 1075719 DEPT OF PUBLIC WORKS Contract Number 19-01 OSHKOSH, W ISCONSIN Date Bond Executed(Date of Contract or Later) August 29,2019 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization HIGHWAY LANDSCAPERS,INC. 1900 Boehm Drive —Individual _Partnership Little Chute,WI 54140 X Corporation State of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond THE HANOVER INSURANCE COMPANY $940,235.77 440 Lincoln Street Worcester,MA 01653 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. Highway Landscapers,Inc. The Hanover Insurance Company Name of Principal/Contractor Name of Surety ..V14-64( ��� (AAC\ �e Title Title Roxanne Jensen,Attorney-in-Fact THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Kelly Cody,Roxanne Jensen and/or Christopher Hoyden Of Aon Risk Solutions,Green Bay,WI,each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute, seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any surety bond,recognizance or obligation in the United States,not to exceed Fifteen Million Dollars($15,000,000.00)in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and ail Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 —The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted September 7,2001 —Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 22nd day of June, 2016. THE HANOVER INSURANCE COMPANY e ,-51 i"� .', MASSACHUSETTS BAY INSURANCE COMPANY �'�.� a '"-oy,�yq CITIZENS SU,4ANCE OMPANY OF AMERICA .. :. BFpl tears ("t tort ) `. Nfi r Robert Thomas.Via Pmidenl THE HANOVER INSURANCE COMPANY SA HUSE BAY I RA CE COMPANY CrT EN 1 SU CE OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) - COUNTY OF WORCESTER ) ss. J I We.Vice . enI On this 22nd day of June 2016 before me came the above named Vice Presidents of The Hanov r Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. (?MANE J. AIIINO Haw J PY TMnAMA OF sr.TT 1 NY' owYK & wo, I Diane 1.. a ,o.Notary Public Mora 4'20112 My Commrasion Expires March 4,2022 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. 'fi GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this QCl 'day ofaCtCJ , 20 l . CERTIFIED COPY I —: e.e 7 Theodor G.Martinez,Vice President C DATE(MM/DD/YYYY) •ACOR�® CERTIFICATE OF LIABILITY INSURANCE 8/29/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holde[in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tiffanie Courtney M3 Insurance Solutions, Inc. PHONE FAX fA/c,No.Extl: 920-455-7102 (A/C,No): 1872 Mid Valley Drive SEP - 3 2019 E-MAIL De Pere WI 54115 ADDRESS: tiffanie.courtney@m3ins.com DEPT OF PUBLIC WORKS INSURER(S)AFFORDING COVERAGE NAICp C)4 Fi l:C)S N \1/j c C O�:(.II),, INSURER A:Western National Mutual Insurance Company 15377 INSURED HICKAl-01 INSURER B:Travelers Property&Casualty 25674 Highway Landscapers Inc. 1900 Bohm Drive INSURER c:Starr Indemnity and Liability 38318 Little Chute WI 54140 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:269699155 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDfYYYY) (MM/DOIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CPP 1122853 3/1/2019 3/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $500,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JE X LOC PRODUCTS-COMP/OP AGG $2,000,000 ,OTHER: $ A AUTOMOBILE LIABILITY CPP 1122543 3/1/2019 3/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR UMB 1020098 3/1/2019 3/1/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$innn0 $ A WORKERS COMPENSATION WCV 1015882 3/1/2019 3/1/2020 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Excess ZUP41M73744 3/1/2019 3/1/2020 Excess Liability 5,000,000 C Leased/Rented Eq ITC100070398119 3/1/2019 3/1/2020 Leased/Rented Eq 250,000 l DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:City of Oshkosh-Contract 1901 -West Waukau Avenue Gallups City of Oshkosh and its officers,council members,agents,employees and authorized volunteers are listed as Additional Insured with respect to General Liability,when specified by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 (J, r `446 "1/41 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 4' COMMERCIAL GENERAL LIABILITY WNGL880715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED IN A WRITTEN CONTRACT Location And Description of Operations: PERSON OR ORGANIZATION WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED BY REASON OF WRITTEN AGREEMENTCOITPACT a Information re uired to coin lete this Schedule, if not shown above will be shown in the Declarations 1. Additional Insured—Operations b. That portion of "your work" out of which the injury or damage arises has been put A. Operations Performed For An Additional In- to its intended use by any person or or-ga- surednization other than another contractor or Section II — Who Is An Insured is amended subcontractor engaged in performing oper- to include as an additional insured any person ations for a principal as a part of the same or organization shown in the schedule, but on- project ly with respect to liability for "bodily injury", "property damage" or "personal and adverts- 2. Additional Insured—Completed Operations trig injury" arising out of your ongoing opera- , A. Additional Insured— Completed Operations tions for the additional insured at the location(s) designated and described in this Section II — Who Is An Insured is amended endorsement to include as an additional insured any person or organization shown in the schedule, but on- B. Limitations ly with respect to "bodily injury" or "property The Operations Performed for Additional In- damage", arising out of"your work" performed sured coverage is limited as follows. for that additional insured at the location(s) designated and described in this endorsement (1) This insurance does not apply to "bodily and included in the "products-completed oper- injury" or "property damage" occurring ations hazard". after. B. Limitations a. All work, including materials, parts or equipment furnished in connection The Additional Insured — Completed Opera- with such work, on the project (other bons coverage is limited as follows, than service, maintenance or repairs) (1) A person or organization's status as an in- to be performed by or on behalf of the sured under Additional Insured — Corn- additional insured(s) at the location of pleted Operations continues only for the the covered operations has been corn- period of time required by any written con- pleted, or tract or agreement WN GL 88 07 15 Includes copyrighted material of Insurance Services Office. Inc , with its permission Page 1 of 2 (2) The insurance provided to the additional D. With respect to the insurance afforded to insured does not apply to "bodily injury", these additional insureds, the following is "property damage-or "personal and adver- added to Section III— Limits Of Insurance: tisrng injury" arising out of "your work" for If coverage provided to the additional insured which a consolidated (wrap-up) insurance is required by a contract or agreement, the program has been provided by the prime most we will pay on behalf of the additional in- contractor-project manager or owner of sured is the construction project in which you are involved (1) The minimum amount required by the con- tract or agreement, or 3. Primary and Noncontributory The following is added to the Other Insurance (2) The Limits of Insurance shown in the Dec Condition and supersedes any provision to the !orations, contrary. whichever is less. Primary And Noncontributory Insurance This endorsement shall not increase the appli- This insurance is primary to and will not seek cable Limits of Insurance shown in the Decla- contribution from any other insurance available rations to an additional insured under your policy pro- vided that: E. With respect to the insurance afforded to (1) The additional Insured is a Named Insured these additional insureds, the following addi under such other insurance, and tional exclusion applies: (2) You have agreed in writing in a contract or This insurance does not apply to agreement that this insurance would be primary and would not seek contribution (1) "Bodily injury", "property damage" or "per- from any other insurance available to the sonal and advertising injury" arising out of additional insured. the rendering of. or the failure to render, any professional architectural. engineering 4. Other Provisions Applicable to Additional In- or surveying services, including: sured — Operations and Additional Insured — Completed Operations a. The preparing, approving, or failing to A. The Amendment of Insured Contract Definition prepare or approve, maps. shop draw- (Endorsement CG 24 26) does not apply to ings, opinions, reports, surveys, field the person or organization scheduled on this orders, change orders or drawings endorsement. and specifications, or B. The coverage provided under Paragraph f. of b. Supervisory, inspection. architectural the definition of "insured contract" under Sec- or engineering activities tion V — Definitions does not apply to an ad- ditional insured under this endorsement unless This exclusion applies even if the claims required by a written contract or agreement. against an additional insured allege negli- gence or other wrongdoing in the supervi- C. The insurance afforded to such additional in- sion. hiring, employment, training or moni- sured only applies to the extent permitted by toting of others by that insured, if the "oc- law, and currence"which caused the" bodily injury" If coverage provided to the additional insured or"property damage", or the offense which is required by a contract or agreement, the in- caused the "personal and advertising in- surance afforded to such additional insured jury". involved the rendering of or failure to will not be broader than that which you are re- render any professional services by you warred by the contract or agreement to provide with respect to your providing engineering, for such additional insured. architectural or surveying services in your capacity as an engineer, architect or sur- veyor WN GL 88 07 15 Includes copyrighted material of Insurance Services Office, Inc ,with its permission Page 2 of 2 AAIS This endorsement changes POLICY NUMBER IM 7850 01 12 the Inland Marine Coverage ITC100070398119 Page 1 of 1 — PLEASE READ THIS CAREFULLY— CHANGE ENDORSEMENT#1 R L CLI Vr�j (The entries required to complete this endorsement will be shown below or on the "schedule of coverages".) ;FP — "19 DLP f UTPU��;C 4t Named Insured: Highway Landscapers OSfI1%CF 1y, }y J`S(,CNS o Effective Date of Endorsement: September 9, 2019 to December 31, 2019 The Inland Marine Coverage is amended as described below: The following forms are added to this policy: • IM 7056 01 12- Builders Risk Schedule • IM 7051 08 12 -Builders Risk Coverage • IM 7086 01 12—Flood and Earthquake Schedule • IM 7085 08 12 - Flood and Earthquake Coverage Premium Adjustment New Annual Premium: Additional Premium: Return Premium: IM 7850 01 12 Copyright,American Association of Insurance Services, Inc..2012 AAIS POLICY NUMBER IM 7056 01 12 1TC100070398119 Page 1 of 2 SCHEDULE OF COVERAGES BUILDERS' RISK (The entries required to complete this schedule will be shown below or on the"schedule of coverages".) SCHEDULED JOBSITES Loc. No. "Jobsite" "Limit" 1 West Waukau Ave and Oregon St., Oshkosh $940,235 Check if applicable: [ ] Attach Additional Builders' Risk Schedule to schedule more buildings CATASTROPHE LIMIT $940,235 COVERAGE EXTENSIONS "Limits" Additional Debris Removal Expenses $10,000 Emergency Removal 10 days Limited Fungus Coverage $10,000 Copyright,American Association of Insurance Services,Inc 2012 AAIS IM 7056 01 12 Page 2 of 2 SUPPLEMENTAL COVERAGES "Limits" Expense To Re-Erect Scaffolding $25,000 Fire Department Service Charges $25,000 Pollutant Cleanup And Removal $25.000 Temporary Storage Locations $50.000 Transit $50,000 DEDUCTIBLE Deductible Amount $2,500 COINSURANCE (check one) [X] 100% [ ] Coinsurance Provisions Are Waived ADDITIONAL INFORMATION IM 7056 01 12 Copyright,American Association of Insurance Services,Inc.,2012 AAIS IM 7051 08 12 Page 1 of 17 BUILDERS' RISK COVERAGE SCHEDULED JOBSITE FORM In this coverage form, the words"you" and "your" a. scaffolding, construction forms or mean the persons or organizations named as the temporary fencing; and insured on the declarations and the words "we", "us", and "our" mean the company providing this b. temporary structures. coverage. 3. Coverage Limitation — "We" only cover: Refer to the Definitions section at the end of this coverage form for additional words and phrases a. "buildings or structures" in the course of that have special meaning. These words and construction; and phrases are shown in quotation marks. b. scaffolding, construction forms, temporary fencing, and temporary structures AGREEMENT at the "jobsite"described on the "schedule of coverages". In return for"your" payment of the required 4. We Do Not Pay — premium, "we" provide the coverage described herein subject to all the "terms"of the Builders' Risk Coverage.This coverage is also subject to a. Penalties "We"do not pay for any the "schedule of coverages"and additional policy penalties for: conditions relating to assignment or transfer of 1) noncompletion or late completion of rights or duties, cancellation, changes or modifications, inspections, and examination of a"building or structure" in books and records. accordance with the provisions or conditions in the construction Endorsements and schedules may also apply. contract; or They are identified on the "schedule of 2) noncompliance with any provisions coverages". or conditions in the construction contract. b. Diminution In Value—"We" do not pay PROPERTY COVERED value any loss of value or any diminution in value of a "building or structure", however measured, that remains following the repair or replacement of a "We"cover the following property unless the covered loss. property is excluded or subject to limitations. Course Of Construction -- 1. Coverage —"We"cover direct physical loss PROPERTY NOT COVERED or damage caused by a covered peril to "buildings or structures"while in the course 1. Contraband —"We" do not cover contraband of construction, erection, or fabrication. or property in the course of illegal 2. Scaffolding, Fencing, And Temporary transportation or trade. Structures — 'We" also cover direct physical loss or damage caused by a covered peril to: Copyright,American Association of Insurance Services,Inc.,2012 AAIS IM 7051 08 12 Page 2 of 17 2. Land—''We" do not cover land including land on which covered property is located. COVERAGE EXTENSIONS 3. Not A Permanent Part Of Building —"We" - do not cover: Provisions That Apply To Coverage Extensions —The following Coverage a. materials and supplies; Extensions indicate an applicable "limit". This "limit"may also be shown on the "schedule of b. machinery, tools, and equipment; and coverages". c. business personal property If a different"limit"is indicated on the "schedule of coverages", that"limit"will apply instead of the that will not become a permanent part of a "limit"shown below. covered "building or structure". However, if no "limit" is indicated for a Coverage 4. Roadways And Walkways --"We" do not Extension within this coverage form,coverage is cover any portion of walkways, roadways, provided up to the full "limit"for the applicable and other paved surfaces that is more than covered property unless a different"limit" is 1,000 feet from a covered"building or indicated on the "schedule of coverages". structure". Unless otherwise indicated, the coverages 5. Standing Building Or Structure— provided below are part of and not in addition to the applicable "limit" for coverage described a. "We" do not cover any: under Property Covered. 1) standing "building or structure"; or The "limit"provided under a Coverage Extension 2) part of a standing "building or cannot be combined or added to the"limit"for structure" any other Coverage Extension or Supplemental Coverage, including a Coverage Extension, that has been wholly or partially Supplemental Coverage, or other coverage that constructed, erected, or fabricated prior is added to this policy by endorsement. to the inception of this policy. If coinsurance provisions are part of this policy, b. 'We" do not cover any standing "building the following Coverage Extensions are not or structure" in the process of subject to and not considered in applying rehabilitation or renovation. coinsurance conditions. Rehabilitation and renovation includes, but is not limited to, any additions, 1. Debris Removal — alterations, improvements, or repairs to an existing"building or structure". a. Coverage--"We" pay the cost of debris removal. Debris removal means the 6. Trees, Shrubs, Or Plants --'We" do not costs for the demolition, clearing, and cover trees, shrubs, plants, or lawns. removal of debris of covered property if such debris results from a covered peril. 7. Waterborne Property— "We" do not cover property while waterborne except while in b. We Do Not Cover—This coverage does transit in the custody of a carrier for hire. not include costs to: 1) extract"pollutants"from land or water; or 2) remove, restore, or replace polluted land or water. Copyright,American Association of Insurance Services,Inc.,2012 AAIS IM 7051 08 12 Page 3 of 17 c. Limit —'We" do not pay any more under 1) when the "fungus" is the result of: this coverage than 25%of the amount "we" pay for the direct physical loss or a) a"specified peril"other than fire damage exclusive of the costs for debris or lightning; or removal. "We"will not pay more for loss b) "flood"(if Flood Coverage is to property and debris removal combined provided under this policy); than the "limit"for the damaged property. that occurs during the policy period; d. Additional Limit—''We"pay up to an and additional $5,000 for debris removal expense when the debris removal 2) if all reasonable steps were taken to expense exceeds 25%of the amount protect the property from additional "we" pay for direct physical loss or when damage at and after the time of the the loss to property and debris removal occurrence. corbined exceeds the "limit"for the damaged property. c. Limited Fungus Coverage Limit—The most"we" pay for all loss or damage e. You Must Report Your Expenses — covered by this Coverage Extension at "We"do not pay any expenses unless all "buildings or structures" is $15,000, they are reported to "us' in writing within unless another"limit"is indicated on the 180 days from the date of direct physical "schedule of coverages". The Limited loss to covered property. Fungus Coverage Limit applies regardless of the number of claims 2. Emergency Removal — made. a. Coverage- "We" cover any direct The Limited Fungus Coverage Limit physical loss or damage to covered applies regardless of the number of property while it is being moved or being locations or"buildings or structures" stored to prevent a loss caused by a insured under this policy. covered peril. The Limited Fungus Coverage Limit is b. Time Limitation —This coverage applies the most that"we"pay for the total of all for up to ten days after the property is loss or damage arising out of all first moved. Also, this coverage does not occurrences of"specified perils", other extend past the date on which this policy than fire or lightning, or"flood"(if expires. applicable) during each separate 12-month period beginning with the 3. Limited Fungus Coverage — inception date of this policy. a. Coverage— "We" pay for: d. If The Policy Period Is Extended — If the policy period is extended for an 1) costs and expenses arising out of the additional period of less than 12 months, presence of"fungus" on covered this additional period will be considered property caused by or resulting from part of the preceding period for the a covered peril; and purpose of determining the Limited 2) direct physical loss or damage to Fungus Coverage Limit. covered property caused by or relating to the existence of or any e. Recurrence And Continuation Of activity of"fungus". Fungus —The Limited Fungus Coverage Limit is the most that"we" pay with b. Coverage Limitation —"We"only respect to a specific occurrence of a loss provide the coverage described in item that results in "fungus" even if such 3.a. above: "fungus" recurs or continues to exist during this or any future policy period. Copyright,American Association of Insurance Services,Inc.,2012 AAIS lM 7051 08 12 Page 4 of 17 f. Limited Fungus Coverage Limit Unless otherwise indicated, a"limit"for a Applies To Other Costs Or Expenses Supplemental Coverage provided below is —The Limited Fungus Coverage Limit separate from, and not part of, the applicable also applies to any cost or expense to: "limit"for coverage described under Property Covered. 1) clean up, contain, treat, detoxify, or neutralize "fungus"on covered The"limit"available for coverage described property or remove "fungus"from under a Supplemental Coverage: covered property; 2) remove and replace those parts of a. is the only"limit" available for the described covered property necessary to gain coverage; and access to "fungus"; and 3) test for the existence or level of b. is not the sum of the"limit" indicated for a "fungus" following the repair, Supplemental Coverage and the "limit"for replacement, restoration, or removal coverage described under Property Covered. of damaged property if it is reasonable to believe that"fungus"is The"limit" provided under a Supplemental present. Coverage cannot be combined or added to the "limit"for any other Supplemental Coverage or g. Loss Not Caused By Fungus —If there Coverage Extension, including a Supplemental is a covered loss or damage to covered Coverage, Coverage Extension, or other property not caused by "fungus", loss coverage that is added to this policy by payment will not be limited by the"terms" endorsement. of this Coverage Extension. However, to the extent that"fungus"causes an If coinsurance provisions are part of this policy, increase in the loss, that increase is the following Supplemental Coverages are not subject to the "terms" of this Coverage subject to and not considered in applying Extension. coinsurance conditions. 1. Expense To Re-Erect Scaffolding - SUPPLEMENTAL COVERAGES a. Coverage—'We" pay"your" expense to re-erect scaffolding after a covered loss to a covered "building or structure". Provisions That Apply To Supplemental Coverages --The following Supplemental b. Limit- The most"we" pay for expense Coverages indicate an applicable "limit". This to re erect scaffolding is $2,500. "limit" may also be shown on the "schedule of coverages". 2. Fire Department Service Charges-- If a different"limit"is indicated on the "schedule a. Coverage— 'We"cover "your" liability of coverages", that"limit"will apply instead of the for fire department or volunteer fire "limit" shown below. department service charges. However, if no"limit" is indicated for a b. Coverage Limitations — "We"only pay Supplemental Coverage within this coverage for: form, coverage is provided up to the full "limit"for 1) fire department or volunteer fire the applicable covered property unless a different department service charges that "limit"is indicated on the"schedule of relate to covered property; and coverages". Copyright.American Association of Insurance Services,Inc.2012 AAIS IM 7051 08 12 Page 5 of 17 2) charges incurred when the fire b. We Do Not Cover-- "We"do not cover department or volunteer fire property in storage if the property has not department is called to save or been specifically allocated to or protect covered property from a otherwise identified with a covered covered peril. "building or structure". c. Limit --The most"we" pay in any one c. Limit —The most"we" pay in any one occurrence for"your"liability for fire occurrence for loss to property at a department or volunteer fire department storage location is $10,000. service charges is $1,000. 5. Transit-- No deductible applies to this Supplemental Coverage. a. Coverage—''We"cover direct physical loss or damage caused by a covered 3. Pollutant Cleanup And Removal -- peril to materials and supplies that will become a permanent part of a covered a. Coverage— "We" pay"your" expense to "building or structure"while in transit. extract "pollutants" from land or water if the discharge, dispersal, seepage, b. Limit—The most"we"pay in any one migration, release, or escape of the occurrence for loss to property in transit "pollutants" is caused by a covered peril is $10,000. that occurs during the policy period. b. Time Limitation —The expenses to extract"pollutants"are paid only if they PERILS COVERED are reported to "us" in writing within 180 days from the date the covered peril occurs. 'We"cover risks of direct physical loss or c. We Do Not Cover "We" do not pay the damage unless the loss is limited or caused by a peril that is excluded. cost of testing, evaluating, observing, or recording the existence, level, or effects of"pollutants". However, "we"pay the cost of testing PERILS EXCLUDED that is necessary for the extraction of "pollutants"from land or water. 1. 'We"do not pay for loss or damage caused d. Limit—The most"we"pay for each directly or indirectly by, or consisting of, one location is $10,000 for the sum of all or more of the following excluded causes, such expenses arising out of a covered events, or conditions. Such loss or damage is peril occurring during each separate 12- excluded regardless of other causes, events, month period of this policy. or conditions that contribute in any sequence to or aggravate the loss, whether such 4. Temporary Storage Locations-- causes, events, or conditions act to produce the loss before, at the same time as, or after a. Coverage —'We"cover direct physical the excluded causes, events, or conditions. loss or damage caused by a covered peril to materials and supplies that will a. Civil Authority —Order of any civil become a permanent part of a covered authority, including seizure, confiscation, "building or structure"while temporarily in destruction, or quarantine of property. storage at a location that is not described on the"schedule of coverages". Copyright,American Association of Insurance Services,Inc,2012 AAIS iM 7051 08 12 Page 6 of 17 'We" do cover loss resulting from acts of But if"fungus" results in a "specified destruction by the civil authority to peril", "we"cover loss or damage caused prevent the spread of fire, unless the fire by that"specified peril". is caused by a peril excluded under this coverage. This exclusion does not apply to: b. Earth Movement—Any"earth 1) loss that results from fire or lightning; movement"whether natural or manmade or and regardless of cause and regardless 2) collapse caused by hidden decay. of whether or not the cause of the"earth movement": e. Nuclear Hazard — Nuclear reaction, nuclear radiation, or radioactive 1) originated at the covered property; or contamination (whether controlled or 2) was being performed at"your" uncontrolled; whether caused by natural, request or for"your" benefit. accidental, or artificial means). Loss caused by nuclear hazard is not However, if eruption, explosion, or considered loss caused by fire, effusion of a volcano results in"volcanic explosion, or smoke. Direct loss by fire action", "we"will pay for the loss or resulting from the nuclear hazard is damage caused by that "volcanic action". covered. If"earth movement" results in fire, "we" f. Ordinance Or Law — Enforcement of will pay for the loss or damage caused by any code, ordinance, or law regulating that fire. If"earth movement"(other than the use, construction, or repair of any eruption, explosion, or effusion of a "building or structure"; or requiring the volcano) results in explosion, "we" will demolition of any"building or structure" pay for the loss or damage caused by including the cost of removing its debris. that explosion. "We" do not pay for loss or increased This exclusion does not apply to covered cost regardless if the loss or increased property while in transit. cost is caused by or results from the: c. Flood --"Flood". 1) enforcement of any code, ordinance, or law even if a "building or structure" 'We" also do not cover waterbome has not been damaged; or material carried or otherwise moved by 2) increased costs that"you" incur "Flood", whether or not driven by wind, because of"your"compliance with a including storm surge, or material carried code, ordinance, or faw during the or otherwise moved by mudslide or construction, repair, rehabilitation, mudflow. remodeling, or razing of a"building or structure", including the removal of However, if"flood"results in fire, debris, following direct physical loss explosion, or sprinkler leakage, "we"will or damage to the property. pay for the loss or damage caused by that fire, explosion, or sprinkler leakage. g. Sewer, Septic Tank, Sump, Or Drain Backup And Water Below The This exclusion does not apply to covered Surface -- property while in transit. 1) water or waterborne material that d. Fungus — Except as provided under backs up, overflows or is otherwise Coverage Extensions - Limited Fungus discharged through a sewer or drain, Coverage, the existence of or any activity sump or septic tank, eaves trough or of"fungus". downspout; or Copyright,American Association of Insurance Services,Inc,2012 AAIS IM 7051 08 12 Page 7 of 17 2) water or waterborne material below a. Contamination Or Deterioration — the surface of the ground, whether "We" do not pay for loss or damage naturally or artificially occurring, caused by or resulting from including but not limited to water or contamination or deterioration including waterborne material that exerts corrosion,decay, rust, or any quality, pressure on or flows, seeps, or leaks fault, or weakness in covered property through or into a covered"building or that causes it to damage or destroy itself. structure", sidewalk, driveway, foundation, swimming pool, or other b. Criminal, Fraudulent, Dishonest, Or structure. Illegal Acts—"We"do not pay for loss or damage caused by or resulting from But if sewer,drain, sump, septic tank, criminal, fraudulent, dishonest, or illegal eaves trough, or downspout backup and acts committed alone or in collusion with water or waterborne material below the another by: surface results in fire, explosion, or sprinkler leakage, "we"cover the loss or 1) "you"; damage caused by that fire, explosion, or 2) others who have an interest in the sprinkler leakage. property; 3) others to whom "you" entrust the This exclusion does not apply to covered property; property while in transit. 4) "your" partners, officers, directors, trustees,joint venturers, or"your" h. War And Military Action — members or managers if"you" are a limited liability company; or 1) War, including undeclared war or 5) the employees or agents of 1), 2), 3), civil war; or or 4)above, whether or not they are 2) a warlike action by a military force, at work. including action taken to prevent or defend against an actual or expected This exclusion does not apply to acts of attack, by any government, destruction by"your" employees, but sovereign, or other authority using "we"do not pay for theft by employees. military personnel or other agents; or 3) insurrection, rebellion, revolution, or This exclusion does not apply to covered unlawful seizure of power including property in the custody of a carrier for action taken by governmental hire. authority to prevent or defend against any of these. c. Defects, Errors, And Omissions — With regard to any action that comes 1) "We"do not pay for loss or damage within the"terms"of this exclusion and consisting of,caused by, or resulting involves nuclear reaction, nuclear from an act, defect, error, or radiation, or radioactive contamination, omission (negligent or not) relating this War And Military Action exclusion will to: apply in place of the Nuclear Hazard exclusion. a) design, specifications, construction, materials,or 2. "We" do not pay for loss or damage that is workmanship; caused by or results from one or more of the b) planning, zoning, development, following: siting, surveying, grading, or compaction; or c) maintenance, installation, renovation, remodeling, or repair. Copyright American Association of Insurance Services. Inc 2012 AAIS IM 7051 08 12 Page 8 of 17 But if an act, defect, error, or 3) General conditions means general omission as described above results conditions and extended general in a "specified peril", "we" do cover conditions including, but not limited the loss or damage caused by that to, costs of additional: "specified peril". a) utility charges; 2) This exclusion applies regardless of b) maintenance; whether or not the act, defect, error, c) facilities; or omission: d) communications; and e) administrative personnel. a) originated at a covered "building or structure"; or e. Electrical Currents-- 'We"do not pay b) was being performed at"your" for toss or damage caused by or resulting request or for"your" benefit. from arcing or by electrical currents other than lightning. d. Delay In Completion And Increased Construction Costs — But if arcing or electrical currents other than lightning result in a "specified peril", 1) 'We" do not pay for loss or damage "we" do cover the loss or damage caused directly or indirectly by a: caused by that"specified peril". a) delay in the completion of f. Freezing —'We"do not pay for loss or construction, erection, or damage caused by or resulting from fabrication of a"building or water; other liquids; powder; or molten structure"or any portion of a material that leaks or flows from "building or structure"; or plumbing, heating, air-conditioning b) a change in the sequence of systems, or appliances other than fire construction, erection, or protective systems caused by freezing. fabrication of a "building or structure"or any portion of a This exclusion does not apply if"you" "building or structure" use reasonable care to maintain heat in the "building or structure"; or"you"drain regardless of the cause of the delay the equipment and turn off the supply if in completion or change in the heat is not maintained. sequence. g. Loss Of Use And Consequential Loss 2) "We" also do not pay for increased —'We"do not pay for loss or damage construction costs caused by or caused by or resulting from loss of use, resulting from a delay in completion delay, or loss of market. 'We"also do not or change in sequence as described pay for any consequential loss or above under items d.1), a) and b). damage of any nature. Increased construction costs include, but are not limited to: h. Materials And Workmanship-- "We" do not pay for loss or damage caused by or a) general conditions; resulting from faulty, inadequate, or b) increased construction costs and defective materials or workmanship. But additional construction if loss by a covered peril results, "we" expenses; pay for the resulting loss. c) increased overhead, increased material costs, and increased i. Mechanical Breakdown --"We"do not labor costs; pay for loss or damage caused by or d) soft costs; and resulting from: e) loss of earnings and loss of rental income. Copyright,American Association of Insurance Services,Inc. 2012 AA'S IM 7051 08 12 Page 10 of 17 d. changes in title of the covered property WHAT MUST BE DONE during the policy period; and IN CASE OF LOSS e. estimates, specifications, inventories, and other reasonable information that 1. Notice-- In case of a loss, "you" must: "we"may require to settle the loss. 4. Examination —"You"must submit to a. give "us"or"our'agent prompt notice examination under oath in matters connected including a description of the property with the loss as often as"we" reasonably involved ("we"may request written request and give "us"sworn statements of notice); and the answers, If more than one person is examined, "we" have the right to examine b. give notice to the police when the act that causes the lossis a crime. and receive statements separately and not in the presence of others. 2. You Must Protect Property—"You" must 5. Records —"You" must produce records, take all reasonable steps to protect covered including tax returns and bank microfilms of property at and after an insured loss to avoid all canceled checks relating to value, loss, further loss. and expense and permit copies and extracts a. Payment Of Reasonable Costs — "We" to be made of them as often as"we" do pay the reasonable costs incurred by reasonably request. "you"for necessary repairs or emergency 6. Damaged Property— "You"must exhibit the measures performed solely to protect damaged and undamaged property as often covered property from further damage by as "we" reasonably request and allow"us" to a peril insured against if a peril insured inspect or take samples of the property. against has already caused a loss to covered property. "You"must keep an 7. Volunteer Payments — "You"must not, accurate record of such costs. "Our" except at "your"own expense, voluntarily payment of reasonable costs does not make any payments, assume any increase the "limit". obligations, pay or offer any rewards, or incur b. any other expenses except as respects We Do Not Pay "We"do not pay for protecting property from further damage. such repairs or emergency measures performed on property that has not been 8. Abandonment— "You"may not abandon the damaged by a peril insured against. property to "us"without"our"written consent. 3. Proof Of Loss —"You" must send "us", g, Cooperation —"You"must cooperate with within 60 days after"our" request, a signed, "us" in performing all acts required by this sworn proof of loss. This must include the policy. following information: a. the time, place, and circumstances of the loss; VALUATION b. other policies of insurance that may cover the loss; 1. Replacement Cost—The value of covered c. "your" interest and the interests of all property will be based on replacement cost others in the property involved, including as described below. all mortgages and liens; Copyright,American Association of Insurance Services,Inc,2012 AAIS IM 7051 08 12 Page 11 of 17 a. Replacement Cost Means — Replacement cost means. HOW MUCH WE PAY 1) the necessary and reasonable costs of materials and labor incurred to 1. Insurable Interest—"We"do not cover more repair or replace, without deduction than "your" insurable interest in any property. for depreciation, the part of the covered property that sustains direct 2. Deductible —'We"pay only that part of physical loss or damage; "your"loss over the deductible amount 2) the reasonable overhead and profit indicated on the "schedule of coverages" in related to the covered property that sustains direct physical loss or any one occurrence. damage but not to exceed the 3. Loss Settlement Terms— Subject to overhead and profit being charged paragraphs 1., 2., 4., 5., 6., and 7., under for the construction, erection, or How Much We Pay, "we" pay the lesser of: fabrication of a covered "building or structure"in accordance with the a. the amount determined under Valuation; construction contracts; and 3) other related construction costs and b. the cost to repair, replace, or rebuild the expenses that are re-incurred to property with material of like kind and repair or replace the part of the quality to the extent practicable; or covered property that sustains direct physical loss or damage but only if c. the "limit"that applies to the covered such costs have been included as property. part of the "limit"for a covered "building or structure". 4. Catastrophe Limit—The most"we"pay in any one occurrence is the Catastrophe Limit b. Replacement Cost Limitations — indicated on the "schedule of coverages" Replacement cost is limited to the cost of regardless if an occurrence or loss involves: repair or replacement with similar materials on the same site and used for a. one or more "buildings or structures"; the same purpose. c. Payment Limitation— If the part of the b. one or more described "jobsites"; or covered property that sustains direct c. any combination of"buildings or physical loss or damage is repaired or structures", described "jobsites", or replaced, the payment will not exceed the amount "you"spend to repair or coverages described under Coverage Extensions or Supplemental Coverages. replace the damaged or destroyed property. 5. Coinsurance -- 2, Pair Or Set— The value of a lost or a. When Coinsurance Applies —'We" damaged article that is part of a pair or set is only pay a part of the loss if the"limit" is based on a reasonable proportion of the less than 100% of the estimated value of the entire pair or set. The loss is not completed value of the covered "building considered a total loss of the pair or set. or structure". 3. Loss To Parts —The value of a lost or Coinsurance does not apply when damaged part of an item that consists of Coinsurance Provisions Are Waived has several parts when it is complete is based on been checked on the "schedule of the value of only the lost or damaged part or coverages". the cost to repair or replace it. Copyright,American Association of Insurance Services, Inc,2012 AAIS IM 7051 08 12 Page 12 of 17 b. How We Determine Our Part Of The b. Excess Amount— If there is another Loss —"Our" part of the loss is policy covering the same loss, other than determined using the following steps: that described above, "we"pay only for the amount of covered loss in excess of 1) determine the 100%expected the amount due from that other policy, completed value of the "building or whether"you" can collect on it or not. But structure"; this figure is based on the "we"do not pay more than the applicable estimated value of the property at "limit". completion of construction had no loss occurred; 2) divide the"limit"for covered property by the result determined in b.1) LOSS PAYMENT above; and 3) multiply the total amount of loss, after the application of any 1. Loss Payment Options — deductible, by the result determined in b.2) above. a. Our Options — In the event of loss covered by this coverage form, "we" The most"we" pay is the amount have the following options: determined in b.3)above or the "limit", whichever is less. "We"do not pay any 1) pay the value of the lost or damaged remaining part of the loss. property; 2) pay the cost of repairing or replacing c. If There Is More Than One Limit— If the lost or damaged property; there is more than one"limit" indicated 3) rebuild, repair, or replace the on the'schedule of coverages"for this property with other property of coverage part, this procedure applies equivalent kind and quality, to the separately to each "limit". extent practicable, within a d. If There Is Only One Limit — If there is reasonableakeallorany time; or 4) take all or part of the property at only one"limit" indicated on the the agreed or appraised value. "schedule of coverages"for this coverage, this procedure applies to the b. Notice Of Our Intent To Rebuild, total of all covered property to which the Repair, Or Replace—"We"must give "limit" applies. "you" notice of"our" intent to rebuild, 6. Insurance Under More Than One repair, or replace within 30 days after receipt of a duly executed proof of loss. Coverage — If more than one coverage of this policy insures the same loss, "we" pay 2. Your Losses — no more than the actual claim, loss, or damage sustained. a. Adjustment And Payment Of Loss— 7. Insurance Under More Than One Policy— Pay Paadyment willst bell losses with "you". u. Payment made to "you" unless a. Proportional Share —"You"may have another loss payee is named in the policy. another policy subject to the same "terms" as this policy. If"you"do, "we" b. Conditions For Payment Of Loss--An will pay "our"share of the covered loss. insured loss will be payable 30 days "Our"share is the proportion that the after: applicable "limit"under this policy bears to the"limit"of all policies covering on 1) a satisfactory proof of loss is the same basis_ received; and Copyright,American Association of Insurance Services,Inc.2012 AAIS lM 7051 08 12 Page 13 of 17 2) the amount of the loss has been If the appraisers submit a written report of established either by written any agreement to "us", the amount agreed agreement with "you"or the filing of upon will be the amount of the loss. If the an appraisal award with "us". appraisers fail to agree within a reasonable time, they will submit only their differences to 3. Property Of Others — the umpire. Written agreement so itemized and signed by any two of these three, sets a. Adjustment And Payment Of Loss To the amount of the loss. Property Of Others — Losses to property of others may be adjusted with Each appraiser will be paid by the party and paid to: selecting that appraiser. Other expenses of the appraisal and the compensation of the 1) "you"on behalf of the owner; or umpire will be paid equally by"you"and "us", 2) the owner. 2. Benefit To Others— Insurance under this b. We Do Not Have To Pay You If We Pay coverage will not directly or indirectly benefit The Owner— If"we" pay the owner, "we" anyone having custody of"your" property. do not have to pay"you". "We"may also choose to defend any suits brought by 3. Conformity With Statute --When a the owners at"our"expense. condition of this coverage is in conflict with an applicable law, that condition is amended to conform to that law. OTHER CONDITIONS 4. Estates--This provision applies only if the insured is an individual. 1. Appraisal— If"you"and"we" do not agree a. Your Death -- On "your" death, "we" on the amount of the loss or the value of cover the following as an insured: covered property, either party may demand 1) the person who has custody of"your" that these appraisal. amounts be determined by property until a legal representative is qualified and appointed; or If either makes a written demand for 2) "your" legal representative. appraisal, each will select a competent, independent appraiser and notify the other of This person or organization is an insured the appraiser's identity within 20 days of only with respect to property covered by receipt of the written demand. The two this coverage, appraisers will then select a competent, b. Policy Period Is Not Extended —This impartial umpire. If the two appraisers are unable to agree upon an umpire within 15 coverage does not extend past the policy days, "you"or"we"can ask a judge of a court period indicated on the declarations. of record in the state where the property is 5. Misrepresentation, Concealment, Or located to select an umpire. Fraud —This coverage is void as to "you" The appraisers will then determine and state and any other insured if, before or after a separately the amount of each loss. loss: The appraisers will also determine the value a. "You" or any other insured have willfully of covered property items at the time of the concealed or misrepresented: loss, if requested. Copyright American Association of Insurance Services,Inc.,2012 AAIS IM 7051 CB 12 Page 14 of 17 1) a material fact or circumstance that 10. Suit Against Us — No one may bring a legal relates to this insurance or the action against"us" under this coverage subject thereof; or unless: 2) "your" interest herein. a. all of the "terms"of this coverage have b. There has been fraud or false swearing been complied with; and by"you" or any other insured with regard to a matter that relates to this insurance b. the suit has been brought within two or the subject thereof. years after"you"first have knowledge of the loss. 6. Policy Period — 'We'pay for a covered loss that occurs during the policy period. If any applicable law makes this limitation invalid, then suit must begin within the 7. Recoveries— If"we" pay"you"for the loss shortest period permitted by law. and lost or damaged property is recovered, or payment is made by those responsible for 11. Territorial Limits --''We"cover property the loss, the following provisions apply: while in the United States of America, its territories and possessions, Canada, and a. "you" must notify"us"promptly if"you" Puerto Rico. recover property or receive payment; 12. Carriers For Hire --"You" may accept bills b. "we" must notify "you" promptly if"we" of lading or shipping receipts issued by recover property or receive payment; carriers for hire that limit their liability to less than the replacement cost or actual cash c. any recovery expenses incurred by either value of the covered property. are reimbursed first; d. "you" may keep the recovered property but "you" must refund to "us"the amount ADDITIONAL COVERAGE of the claim paid or any lesser amount to LIMITATIONS which "we"agree; and e. if the claim paid is less than the agreed foss due to a deductible or other limiting 1. Occupancy And Use--'We"do not provide "terms" of this policy, any recovery will be coverage under this policy if, without"our" prorated between "you" and "us"based prior written consent, a covered "building or on"our" respective interest in the loss. structure"as described under Property Covered is: 8. Restoration Of Limits --- Except as indicated under Limited Fungus Coverage, a loss "we.. a. occupied in whole or in part; or pay under this coverage does not reduce the applicable"limits". b. put to its intended use. 9. Subrogation— If"we" pay for a loss, "we" 2. When Coverage Ceases —Coverage will may require"you"to assign to"us""your" end when one of the following first occurs: right of recovery against others. "You"must do all that is necessary to secure"our"rights. a. this policy expires or is canceled; 'We" do not pay for a loss if"you"impair this right to recover. b. a covered "building or structure" is accepted by the purchaser; "You" may waive "your" right to recover from others in writing before a loss occurs. c. "your" insurable interest in the covered property ceases; Copyright,American Association of Insurance Services,Inc,2012 AAIS IM 7051 08 12 Page 15 of 17 d. "you"abandon construction with no intent a) erosion, expansion, shrinking; to complete it; or b) freezing or thawing; c) soil compaction; and e. a covered "building or structure" has d) movement caused by water been completed for more than 90 days. under the surface of the ground that cause cracking, settling, tilting, leaning, or shifting of covered DEFINITIONS property. b. The movement of the ground, soil, 1. "Buildings or structures" means: sediments, substrates, or strata resulting from any act, error or omission including a. buildings; but not limited to: b. structures; 1) construction or excavation activities, regardless of whether or not c. materials and supplies that will become a occurring under covered property permanent part of the buildings or the and regardless of whether the structures; and construction or excavation was being performed at"your" request or for d, foundations, excavations, grading, filling, "your" benefit; attachments, permanent fencing, and 2) blasting or vibration from any source; other permanent fixtures. 3) any process for removing gas; oil; minerals; water; steam; or any other 2. "Earth movement" means: natural resource, substance, or material from below the surface of a. The movement of the ground, soil, the ground including, but not limited sediments, substrates, or strata whether to, hydraulic fracturing(fracking), the movement is caused by an act of mining, drilling, or geothermal energy nature or is manmade, including but not extraction; limited to: 4) water injection below the surface of the ground, whether wastewater from 1) earthquake including aftershocks, hydraulic fracturing or any other liquefaction, or ground displacement source or water injected into associated with earthquake; underground rock for the purpose of 2) eruption, explosion, or effusion of a creating geothermal energy; or volcano; 5) carbon sequestration, 3) shaking or ground rupture before, biosequestration or any other during or after a volcanic eruption; process for removing carbon dioxide 4) landslide; or other forms of carbon from the 5) mine subsidence whether or not the atmosphere and placed it in an manmade mine is currently in use; or underground reservoir, underground 6) any other ground movement, geologic formations or any other including sinking (other than underground storage technique. "sinkhole collapse"), shifting, contraction, or rising of the ground including, but not limited to; Copyright, American Association of Insurance Services, Inc.,2012 AAIS IM 7051 08 12 Page 16 of 17 3. "Flood" means an overflowing or inundation 7. "Pollutant" means: by water of an area that was previously and normally dry or not covered by water, a. any solid, liquid, gaseous, thermal, or whether caused artificially or naturally, by radioactive irritant or contaminant, human or animal forces or by an act of including acids, alkalis, chemicals, nature. "Flood" includes, but is not limited to: fumes, smoke, soot, vapor, and waste. Waste includes materials to be recycled, a. overflow of inland or tidal waters, waves, reclaimed, or reconditioned, as well as tidal waves, or tsunamis, or spray that disposed of; and results from any of these, all whether driven by wind or not, including but not b. electrical or magnetic emissions, whether limited to storm surge; visible or invisible, and sound emissions. b. unusual and rapid accumulation or runoff 8. "Schedule of coverages"means: of surface waters from any source; or a. all pages labeled "schedule of c. mudslides or mudfiows if caused by: coverages" or schedules that pertain to this coverage; and 1) unusual and rapid accumulation or runoff of surface waters or waves; or b. declarations or supplemental 2) currents of water exceeding declarations that pertain to this coverage. anticipated cyclical levels. 9. "Sinkhole collapse"means the sudden 4. "Fungus" means: settlement or collapse of earth supporting the covered property into subterranean voids a. a fungus, including but not limited to created by the action of water on a limestone mildew and mold; or similar rock formation. It does not include the value of the land or the cost of filling b. a protist, including but not limited to sinkholes. algae and slime mold; 10. "Specified perils" means aircraft; civil c. wet rot and dry rot; commotion; explosion; falling objects; fire; hail; leakage from fire extinguishing d. a bacterium; or equipment; lightning; riot; "sinkhole collapse"; smoke; sonic boom; vandalism; vehicles; e. a chemical, matter, or compound "volcanic action";water damage; weight of produced or released by a fungus, a ice, snow, or sleet; and windstorm. protist, wet rot, dry rot, or a bacterium, including but not limited to toxins, spores, Falling objects does not include loss to: fragments, and metabolites such as microbial volatile organic compounds. a. personal property in the open; or 5. "Jobsite" means any location, project, or b. the interior of"buildings or structures"or work site where "you" are in the process of to personal property inside "buildings or constructing, erecting, or fabricating a structures"unless the exterior of the "building or structure". roofs or walls are first damaged by a falling object. 6. "Limit" means the amount of coverage that applies. Water damage means the sudden or accidental discharge or leakage of water or steam as a direct result of breaking or cracking of a part of the system or appliance containing the water or steam. Copyright,American Association of Insurance Services,Inc.,2012 AAIS IM 7051 08 12 Page 17 of 17 11. "Terms"means all provisions, limitations, exclusions, conditions, and definitions that apply. 12. "Volcanic action" means airborne volcanic blast or airborne shock waves; ash, dust, or particulate matter; or lava flow. 'Volcanic action"does not include the cost to remove ash, dust, or particulate matter that does not cause direct physical loss or damage to the covered property. IM 7051 08 12 Copyright,Amencan Association of Insurance Services,Inc.,2012 AAIS POLICY NUMBER 1M 7086 01 12 11C100070398119 Page 1 of 2 EARTHQUAKE AND FLOOD SCHEDULE (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) EARTHQUAKE COVERAGE [ ] Coverage Not Provided [X] Coverage Provided, subject to the following "limits": "Limits" Earthquake Building Limit $940,235 Earthquake Occurrence Limit $940,235 Earthquake Catastrophe Limit (12-month period) $940,235 Deductible Amount $10,000 FLOOD COVERAGE [ ] Coverage Not Provided [X] Coverage Provided, subject to the following "limits": "Limits" Flood Building Limit $940,235 Flood Occurrence Limit $940,235 Flood Catastrophe Limit (12-month period) $940,235 Deductible Amount $10,000 Copyright,American Association of Insurance Services,Inc 2012 AAIS IM 7086 01 12 Page 2 of 2 DELAY IN COMPLETION Earthquake Coverage [X] Coverage Not Provided For Delay In Completion [ ] Coverage Provided, Included In Earthquake Limits [ ] Coverage Provided, subject to the following Delay In Completion Limits: "Limits" Additional Construction Expenses $N/A Additional Soft Costs SN/A Rental Income $N/A Income Coverage $N/A Flood Coverage [X] Coverage Not Provided For Delay In Completion [ ] Coverage Provided, Included In Flood Limits [ ] Coverage Provided, subject to the following Delay In Completion Limits: Additional Construction Expenses $N/A Additional Soft Costs $N/A Rental Income $N/A Income Coverage $N/A IM 7086 01 12 Copyright.American Association of Insurance Services,Inc.,2012 AAIS This endorsement changes the IM 7085 08 12 Builders' Risk Coverage Page 1 of 3 — PLEASE READ THIS CAREFULLY- EARTHQUAKE AND FLOOD COVERAGE ENDORSEMENT 1) Earthquake Building Limit—The ADDITIONAL COVERAGES most"we" pay in any one occurrence for loss or damage to any one "building or structure" is the 1. Earthquake Coverage - Earthquake Building Limit indicated on the Earthquake And Flood a. Coverage --"We"cover direct physical Schedule. loss or damage to covered property 2) Earthquake Occurrence Limit - caused by or resulting from earthquake The most"we" pay in any one occurrence for loss or damage to all and volcanic eruption. "buildings or structures"at all b. Earthquake And Volcanic Eruption "jobsites"is the Earthquake Means— For the purposes of coverage Occurrence Limit indicated on the under this endorsement, earthquake and Earthquake And Flood Schedule. volcanic eruption means: 3) Earthquake Catastrophe Limit -- The most"we"pay for all losses to all 1) earthquake including aftershocks, "buildings or structures" at all liquefaction, or ground displacement "jobsites"during each separate associated with earthquake; 12-month period of this policy is the 2) eruption, explosion, or effusion of a Earthquake Catastrophe Limit volcano; and indicated on the Earthquake And 3) shaking or ground rupture before, Flood Schedule. The 12-month time during or after a volcanic eruption. period is limited to the expiration or anniversary date of this policy. c. Coverage Limitations —"We"only cover loss or damage caused by f. Delay In Completion —If the Delay In earthquake and volcanic eruption when Completion Coverage Part is attached to Earthquake "limits"are indicated on the the Builders' Risk Coverage and Delay In Earthquake And Flood Schedule. Completion Coverage is indicated on the Earthquake And Flood Schedule, d. Rehabilitation And Renovation Form — coverage under this endorsement is If this endorsement is attached to the extended to the Delay In Completion Rehabilitation And Renovation Form, the Coverage Part, subject to the"limits" as references to "building or structure"are described below: replaced with "rehabilitation or renovation project". 1) If Delay In Completion Limits are indicated on the Earthquake And e. Earthquake Limits —The Earthquake Flood Schedule, the Delay In Building Limit, Earthquake Occurrence Completion Limits on the schedule Limit, and Earthquake Catastrophe Limit are the only "limits"that apply to a as described below apply to loss or "delay" resulting from direct physical loss or damage to covered property damage caused by or resulting from earthquake and volcanic eruption. The caused by earthquake and volcanic Earthquake"limits"indicated on the eruption. Limits"under Delay In Earthquake And Flood Schedule are the Completion Limits are separate from, only"limits"available for loss or damage and not part of, the Earthquake caused by or resulting from earthquake Limits described in item 1.e. and volcanic eruption. The Earthquake "limits" cannot be combined or added to the "limit"for any Coverage Extension or Supplemental Coverage. Copyright,American Association of Insurance Services,Inc,2012 AAIS IM 7085 08 12 Page 2 of 3 2) If Included In Earthquake Limits is 2) Flood Occurrence Limit—The indicated on the Earthquake And most"we" pay in any one occurrence Flood Schedule, the Earthquake for loss or damage to all "buildings or Limits described in item 1.e. are the structures"at all "jobsites"is the only"limits" that apply to loss or Flood Occurrence Limit indicated on damage caused by or resulting from the Earthquake And Flood Schedule. earthquake and volcanic eruption 3) Flood Catastrophe Limit—The including "delay" resulting from loss most"we"pay for all losses to all or damage to covered property "buildings or structures"at all caused by earthquake and volcanic "jobsites"during each separate eruption. 12-month period of this policy is the 3) Refer to the Delay In Completion Flood Catastrophe Limit indicated on Coverage Part for a definition of the Earthquake And Flood Schedule. "delay". The 12-month time period is limited to the expiration or anniversary date 2. Flood Coverage— of this policy. a. Coverage --"We"cover direct physical e. Delay In Completion — If the Delay In loss or damage to covered property Completion Coverage Part is attached to caused by or resulting from "flood". the Builders' Risk Coverage and Delay In Completion Coverage is indicated on the b. Coverage Limitations —"We"only Earthquake And Flood Schedule, cover loss or damage caused by "flood" coverage under this endorsement is when Flood "limits" are indicated on the extended to the Delay In Completion Earthquake And Flood Schedule. Coverage Part, subject to the "limits" as described below: c. Rehabilitation And Renovation Form — if this endorsement is attached to the 1) If Delay In Completion Limits are Rehabilitation And Renovation Form, the indicated on the Earthquake And references to "building or structure"are Flood Schedule, the Delay In replaced with "rehabilitation or renovation Completion Limits on the schedule project". are the only"limits"that apply to a "delay" resulting from direct physical d. Flood Limits --The Flood Building Limit, loss or damage to covered property Flood Occurrence Limit, and Flood caused by "flood". "Limits"under Catastrophe Limit as described below Delay In Completion Limits are apply to loss or damage caused by or separate from, and not part of, the resulting from "flood". The Flood "limits" Flood Limits described in item 2.d. indicated on the Earthquake And Flood 2) If Included In Flood Limits is Schedule are the only"limits"available indicated on the Earthquake And for loss or damage caused by or resulting Flood Schedule, the Flood Limits from "flood". The Flood "limits"cannot be described in item 2.d. are the only combined or added to the "limit" for any "limits"that apply to loss or damage Coverage Extension or Supplemental caused by or resulting from "flood" Coverage. including "delay"resulting from loss or damage to covered property 1) Flood Building Limit—The most caused by"flood". "we" pay in any one occurrence for 3) Refer to the Delay In Completion loss or damage to any one "building Coverage Part for a definition of or structure" is the Flood Building "delay". Limit indicated on the Earthquake And Flood Schedule. Copyright,American Association of Insurance Services,Inc.,2012 AAIS IM 7085 08 12 Page 3 of 3 2. Earthquake Period —All earthquakes or PERILS EXCLUDED volcanic eruptions that occur within a 168-hour period will be considered a single loss. This 168-hour period is not limited by The exclusions for Earth Movement and Flood the policy expiration. still apply except to the extent that coverage is provided under this endorsement. 3. Excess Insurance—"You" may purchase insurance in excess of the applicable "limit". Such excess insurance will not be considered in applying Insurance Under HOW MUCH WE PAY More Than One Policy nor will it be considered in the application of any pro rata or apportionment provision. The following are added to How Much We Pay: 1. Deductible --"We" pay only that part of IM 7085 OS 12 "your' loss over the deductible amount indicated on the Earthquake And Flood Schedule in any one occurrence. Copyright,American Association of Insurance Services,Inc.,2012