HomeMy WebLinkAboutFoust Excavating, Inc/Snow & Ice Removal 2015ciTV oF osHKOSr+
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-113�
PHONE: (920) 236-5065 FAX (920) 236-5068
LETTER OF TRANSMITTAL
To: Mr. Jeff Foust Date: December 3, 2015
Foust Excavating, Inc. Subject: Executed Snow and Ice Removal
2824 Clairville Road Contract
Oshkosh, WI 54904
Please find: � Attached
❑ Copy of Letter � Contrac[s
❑ Meeting Nates ❑ Photos
❑ Specifications ❑ Estimates
❑ Under Separate Cover
❑ Amendment ❑ Report ❑ Agenda
❑ Mylars ❑ Change Order ❑ Plans
❑ Diskette ❑ Zip Disk ❑ Other
These are being transmitted as indicated below:
� For Approval ❑ For Your Use
Remarks:
❑ As Requestetl ❑ For Review & Comment
Enclosed is a copy of the fully-executed contract between you and the City of Oshkosh for the 2015 -
2016 season.
If you have any questions, please contact us.
City Clerk's Office - Original
cc: _File—Original Signed:
, Trac . aylor
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CONTRACT FOR SNOW AND /CE REMOVAL
THIS CONTRACT, made on the � day of 2(�"� 2015, by and
behveen the GTY OF OSHKOSH, party of the first pa , hereinafter referred to as CITY,
and JEFF FOUST EXCAVATING, INC. 2824 Clairville Road, Oshkosh, WI 54904, party
of the second part, hereinaRer referred to as Ne CONTRACTOR,
WITNESSETH:
That the CITY and the CONTR,4CTOR, for the consideration hereinafler named,
enler into the following Contract. The CITY's Requesf for Quotations is attached to this
Contract, along with the CONTRACTOR's Pre-Qualification information and work
proposal. The terms of this Contrad and the CIN's Request for Quotations will prevail
over the CONTRACTOR's Proposal 'rf there are any inconsistencies belween these
documents.
ART�CLEI. PROJECT MANAGER
A. Assignment of Project Manager. The CONTRACTOR has assigned the
primary individual identified below to manage the project described in this Contract.
The CONTRACTOR also assigns the second individual identified below as qualified to
make all decisions for the CONTRACTOR rf the primary person is not available:
Primary Contact: Jeff Foust
Secondary Contact Mike Zandler
B. Changes in Project Manager. The CITY shall have the right to approve or
disapprove of any proposed change from the individual named above as Project
Manager. The CITY shall be provided with a resume or other information for any
proposed substitute and shall be given the opportunity to interview that person prior to
any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the projed described in
this contrad:
Jean Broennimann, Secretary
Steven M. Gohde, P.E., Assistant Director Public Works
ARTICLE III. SCOPE OF WORK
The CONTR,4CTOR shall provide the services described in the CITY's Request
for Quotations. The CONTRACTOR may provide addRional products and/or services if
such productslservices are requested in writing by the Authorized Representative of the
City.
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All reports, drawings, photographs, electronic data, specifications, computer files,
field data, notes, and other documents and instruments prepared by the
CONTRACTOR as instruments of service shall remain the property of the CITY.
ARTICLE IV. CITY REPONSIBILITIES
The CITY shall furnish, at the CONTRACTOR's request, such infortnation as is
needed by the CONTR,4CTOR to aid in the progress of the project, providing it is
reasonably obtainable from City records.
To prevent any unreasonable delay in the CONTRACTOR's work, the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
ARTICLE V. TIME OF COMPLETION
TIME IS OF THE ESSENCE IN THIS CONTR.4CT. ALL TIME LIMITATIONS
AND DEADLINES WILL BE STRICTLY ENFORCED BY THE CITY. The work to be
periormed under this Contract shall be commenced and the work completed within the
time limits as described in this Contract, including any attachments.
The CONTRACTOR shall peAorm the services under this Contract with
expediency and wdh sound work pradices. The nature of the work required by this
agreement will occur in or around inclement weather, namely snow, ice, and other
weather events involving precipitation. The CONTRACTOR therefore shall perform
work in, and accommodate situations arising from, inclement weather. The
CONTRACTOR will not be responsible for damages arising directly or indirectly from
any delays for cause such as strikes or other labor disputes by organized labor.
ARTICLE Vi. COMPONENT PARTS OF THE AGREEMENT
This Contrad consists of the following component parts, all of which are as fully a
part of this Contrect as if herein set out verbatim, or 'rf not attached, as rf hereto
attached:
1. This Instrument
2. Request for Quotaiions
3. CONTRACTOR's Pre-Qualification infortnation
4. CONTRACTOR's Proposal
In the event that any provision in any of the above component parts of this
Contract is in conflict witn any provision in any other of the component parts, the
provision in the component part first listed above shall govern over any oiher
component paA which follows it numerically except as may be otherwise specifically
stated.
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ARTICLE VII. PAYMENT
A. Payment Amount. The CITY shall pay to the CONTRACTOR for the
performance of the Contract based upon the prices ident'fiied in the CONTRACTOR's
Proposal, adjusted by any changes hereafter mutualiy agreed upon in writing by the
parties hereto.
B. Method of Payment. The CONTR,4CTOR shall submit itemized statemenis
for services. The CITY shall pay the CONTRACTOR within 30 calendar days after
receipt of such statement. If any statement amount is disputed, the CITY may withhold
payment of such amount and shall provide to CONTRACTOR a statement as to the
reason(s) for withholding payment.
C. Additional Costs. Costs for additanal services shall be negotiated and set
foRh in a written amendment to this Contract executed by both parties prior [o
proceeding with the work covered under the subjed amendment.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS AND INDEMNIFY
The CONTRACTOR covenants and agrees to protect and hold the City of
Oshkosh harmless against all actions, claims, and demands of any kind or character
whatsoever which may in any way be caused by or resutt from the intentional or
negligent ads of the CONTRACTOR, his agents or assigns, his employees, or his
subcontradors related however remotely to the performance of this Contrad, or caused
or resutt 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
indemn�cation or refund.
ARTICLE IX. INSURANCE
The CONTRACTOR shall carry insurance which includes the CITY and its
employees and agents as an additional insured's for work required by this Contract.
The CONTR,4CTOR's insurance must be primary insurance. The type of insurance and
coverages must conform to the attached City of Oshkosh Insurance Requirements.
ARTICLE X. TERMINATION
This Contrad may be tertninated for any reason by edher party. The CITY may
tertninate this Contract after giving the CONTRACTOR written notice at least seven (7)
ralendar days before termination. The CONTRACTOR may terminate this Contrad
after giving the CITY written notice at least forty-five (45) days before termination. The
CONTRACTOR's obligations to hold harmless and indemnify the CITY, and to maintai�
insurance for actions related to this Contract shall survive after the Contract has been
otherwise tertninated. The CONTRACTOR shall be entitled to compensation for any
satisfadory work performed up to the date of termination.
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This document and any specified attachments contain all tertns and wnditions of
the Contract and any alteration thereto shall be i�valid unless made in writing, signed by
both parties and incorporated as an amendment to this Contract.
In the Presence of:
JOQI ZIEGENHAGEN
OFFICE MANAGER
(Seal of CONTRACTOR
if a Corporation J
(Wdness)
(VJitness)
APPROVED:
� ��_ .
y � ��
ty Attor
CONTRACTOR
By: � .
JEFF FOUST, PRESIDENT
(Specify Title)
ey:
(Specify Title)
CIT
By:
An
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this Contract.
�� �1CVJ1M
City Comptrolier
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CITY OF OSHKOSH REQUEST FOR QUOTATIONS
FOR SNOW AND ICE REMOVAL
Work Summarv
The City of Oshkosh is soliciting Quotations for the periodic removal of
snow and ice from sidewalks and handicap ramps/crosswalks adjacent to private
properties and over railroad crossings within the municipal boundaries. The
CITY is seeking a contractor for a one (1) winter season commitment, starting
immediately for the Winter 2015/2016 season. City Ordinances require that
property owners keep their public sidewalks clear of snow and ice. When
property owners fail to keep their public sidewalks clear of snow and ice, then the
CITY is allowed to clear these sidewalks for the property owners, at their
expense, for the benefit of the public that may use the sidewalks. Quotations
are due to the City of Oshkosh's Engineering Division by 10:00 A.M. on
November 3, 2015.
Cleaning the public sidewalks adjacent to private properties will represent
the majority of snow and ice removal work pursuant to this Contract. Also
included within this Contract is the snow and ice removal on sidewalks at railroad
crossings. The City of Oshkosh does not guarantee any particular amount of
work will be offered during the term of this contract. The work required for this
Contract depends on the weather and depends on the number of property
owners who fail to clear their sidewalk. For example, in the Winter 2012/2013
season, there were over 950 snow shoveling jobs performed including the
sidewalks for 13 railroad crossings. However, in the relatively mild Winter
2011/2012 season, there were only 213 snow shoveling jobs and 13 railroad
crossings. The snow shoveling job examples included repeated clearing of
certain properties and other random properties that may have only been cleared
once.
Another important task for the successful contractor will be the ability to
conduct themselves in a positive and professional manner when interacting with
property owners, tenants, and other citizens. Contractors must be able to handle
the occasional difficult situation and/or a person who may be unhappy with the
snow and ice removal work being performed by the contractor.
All documentation will be processed through the on-line software program
developed by the City. The software program will be demonstrated at the pre-bid
meeting.
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Pre-Qualifications
All contractors must be pre-qualified to quote. Pre-qualification for the
snow and ice removal contract shall be completed on the attached forms. Pre-
qualification forms are due to the City of Oshkosh's Engineering Division
by 4:00 P.M. on October 29, 2015. A Pre-Bid Meeting has been scheduled for
11:00 a.m., Monday, October 26, 2015 in Room 310, City Hall, 215 Church
Avenue, Oshkosh, Wisconsin.
The CONTRACTOR must be qualified to furnish all labor, material, and
equipment to complete the required work. The CITY will review contractor
qualifications based upon experience, available equipment, and their ability to
conduct themselves appropriately with the public.
The CITY reserves the right to check references and to contact property
owners who have hired the CONTRACTOR in the past, whether or not those
persons have been disclosed by the CONTRACTOR. The CITY reserves the
right to perform other background checks on the CONTRACTOR, as allowed by
law, to verify the ability of the CONTRACTOR to interact with property owners,
tenants, and other citizens in a professional manner.
If the CITY believes it is necessary, the CITY reserves the right to inspect
the CONTRACTOR's equipment at any time. Inspection may be during the pre-
qualification period, when evaluating the CONTRACTOR's quotation, and during
the contract period. All equipment shall have adequate safety features for
working in the right-of-way and be in good operating condition. All motorized
equipment, except walk-behind equipment, must have amber flashing light(s)
visible from 360°.
The only equipment that can be used to clear any surface, such as
sidewalks, handicap ramps/crosswalks, and railroad crossings, are shovels or
lightweight pieces of equipment that will not crack or damage the surface from
which the snow or ice is removed or other property/surfaces. Snow removal
equipment shall not disturb or go on private property. As an example, a light-
duty skid steer loader/small tractor and bucket that matches the width of the
sidewalk may be acceptable. Removing snow and/or ice where unusual
conditions have occurred from a site will generally require the use of a front-end
loader and dump truck.
As part of their pre-qualification, the CONTRACTOR must describe the
snow and ice removal equipment they own or can confirm that they have
available and intend to use to perform these jobs. At a minimum, the CIN
believes that contractors should have the following equipment available through
ownership or leasing to successfully carry out the requirements of this work:
a) Tractor/skid steer loader with appropriate snow removal
attachments;
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b) Shovels and snowblower(s);
c) End loader;
d) Dump truck;
e) Digital camera (s) with capability to date stamp photos; and
� Computer with internet access and Microsoft Internet Explorer 11.
In addition to snow removal equipment, CONTRACTOR must have a valid
e-mail address and have the ability to access the City of Oshkosh website and
receive and input data from/to an on-line software program.
Quotation Information
CONTRACTOR must provide at least three (3) references of past or
current projects of similar scope to the work described in these Specifications.
Contractors should take into account all of the information and
requirements in this Request for Quotations.
CONTRACTOR must meet all City of Oshkosh insurance requirements
and standard terms and conditions (attached).
CONTRACTOR must furnish all labor, materials, and equipment
necessary to complete the work.
CONTRACTOR shall provide names and telephone numbers of their
respective primary and back-up contact person(s) once the Contract has been
established.
All quotations shall include the CONTRACTOR's price for performing the
following tasks:
7. Remove all snow and/or ice at a single locationllot with 0 to
700 feet of sidewalk (including rock saltlsand application, if
necessary)
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b) Shovels and snowblower(s);
c) End loader;
d) Dump truck;
e) Digital camera (s) with capability to date stamp photos; and
� Computer with internet access and Microsoft Internet Explorer 11.
In addition to snow removal equipment, CONTRACTOR must have a valid
e-mail address and have the ability to access the City of Oshkosh website and
receive and input data from/to an on-line software program.
Quotation Information
CONTRACTOR must provide at least three (3) references of past or
current projects of similar scope to the work described in these Specifications.
Contractors should take into account ail of the information and
requirements in this Request for Quotations.
CONTRACTOR must meet all City of Oshkosh insurance requirements
and standard terms and conditions (attached).
CONTRACTOR must furnish all labor, materials, and equipment
necessary to complete the work.
CONTRACTOR shall provide names and telephone numbers of their
respective primary and back-up contact person(s) once the Contract has been
established.
All quotations shall include the CONTRACTOR's price for performing the
following tasks:
Remove all snow and/or ice at a single location/lot with 0 to
100 feet of sidewalk (including rock saltlsand application, if
necessary)
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For those instances when snow and/or ice can be removed to the
CITY's satisfaction without shovels or mechanical means, the price
shall include application of rock salt andlor sand only at a single
location or single lot. This price should be calculated for each
additional foot of sidewalk beyond the base point distance of one
hundred feet (100'). The CITY will pay for one (1) trip to the
location or lot. Additional trips to the location or lot for further
salting, sanding, or cleaning will not be reimbursed by the CITY.
Before and after condition photos are required.
5. Remove all snow and/or ice from all pavement in the handicap
ramp/crosswalk quadrant (including rock saltlsand application
if necessary)
This includes the removal of all snow and ice from all of the hard
surfaces in handicap ramps and adjacent pavement, which are
typically in the crosswalk quadrant of street intersections. Snow
and ice cannot be placed in the street or be piled to create a vision
obstruction at the corner. CONTRACTOR shall not pile snow
higher than thirty inches (30") above the sidewalk in the intersection
and for a distance of thirty feet (30') from the intersection. This
price should also be calculated with the understanding that rock salt
and/or sand may need to be applied at any time. This price should
be calculated for each sidewalk quadrant (corner) of a street
intersection, regardless of how many ramps or access points are at
a quadrant. This task requires clearing sidewalk and ramp areas
leading from the sidewalk to the street. The required result is clear
sidewalk access to and from the street. This task will usually
require the CONTRACTOR to remove snow from the street to
achieve the required result. Therefore, the CONTRACTOR is
responsible for snow and ice removal up to four feet (4') into the
street beyond the face of curb. Multiple ramps in one (1) corner will
only be allowed one (1) charge. The snow and ice from both the
initial storm event and also from street plowing operetions
must be removed. Before and after condition photos are required.
This Item only occurs where the ramp/crosswalk is leading to a
crossing of a public right of way/street. Item does not apply to
driveways/private entrances crossing the area where the
sidewalk/pedestrian walkway exists.
6. Remove and dispose of snow from locations where unusual
conditions have occurred
The CONTR,4CTOR shall designate a rate for removal and
disposal of snow where unusual conditions have occurred, i.e. large
piles of snow stockpiled by property owners that intrudes onto
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public sidewalks. Snow is to be disposed of at CONTRACTOR's
own dump site. This price shall be a flat rate to mobilize/demobilize
equipment to the site and an hourly rate to load snow.
CONTRACTOR will not be paid for drive time to or from the site.
Hourly loading rate will be paid for time actually loading snow. In
the event multiple loads must be hauled, CONTRACTOR shall
provide an hourly rate for hauling. Only actual loading and hauling
time will be paid. Idle time waiting will not be paid. Final load
disposal shall be part of mobilization/demobilization.
CONTRACTOR will also be paid for Proposal Items 1, 2, and/or 5,
if snow pile was over sidewalk and/or handicap ramp and work
performed complies with Proposal Items 1, 2, and/or 5.
CONTRACTOR shall not pile snow higher than thirty inches (30")
above the sidewalk in the intersection and for a distance of thirty
feet (30') from the intersection. Before and after condition photos
are required.
Time Requirements
Snow and ice removal for the CITY must be given priority. The
CONTRACTOR wiil be e-mailed a snow and ice removal list from the CITY. For
lists sent up to 11:00 a.m. of any day, work must begin within four (4) hours
(i.e. by 3:00 p.m. that day). Lists sent at or after 11:01 a.m. may be started
immediately, if sufficient sunlight remains for proper documentation; work must
begin by 8:00 am of the following day. Once started, all work on a list shall be
continuous until the CITY work has been completed. All snow and ice removal
required by the CITY for each list must be completed within twentv-four (24)
ENFORCED. The CONTRACTOR shall always be ready for immediate snow
and ice removal with all equipment in good working condition. The CITY will limit
the maximum number of properties sent on any 24-hour period to fifty (50),
unless the CONTRACTOR requests additional properties and the CITY has
documented properties which require snow removal. Snow and ice removal can
only occur behveen 7:00 a.m. and 10:00 p.m. The CONTRACTOR will be
expected to work weekends to complete the work required by the CITY. The
only exception to the 24-hour completion requirements is that the
CONTRACTOR will not be expected to perform snow and ice removal for the
CITY on December 24�h, 25`", and January 1��. The information for each list
must be entered into the City of Oshkosh soflware program within two (2)
weeks of receipt of the list. In the event of new snowfall or ice
accumulation, prior to the CONTRACTOR starting removal of snowlice from
a locationllot, CONTRACTOR shall notify CITY within twenty-four (24) hours
of the start of the new snowfall that the location/lot needs to be rechecked
by CITY and placed on new list, if appropriate.
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Ouoletions 9-11-05tlocR
Required Work
The CONTRACTOR will be furnished, by e-mail, a list of sidewalks, or
other areas, to be cleared of snow and/or ice to the bare pavement. Sidewalks
and handicap ramps/crosswalks must be cleared of all snow and ice, for the
entire width of the walk. In the event the sidewalk abuts the street curb,
CONTRACTOR shall clear a minimum width of five feet (5') when the walk is
wider than five feet (5') and a minimum width of four feet (4') or full width of
sidewalk, if sidewalk is five feet (5') or less in width. If the CONTRACTOR
cannot clear snow/ice to the bare pavement, the CONTRACTOR shall apply rock
salt and/or sand material to make it safe for pedestrian traffic. The
CONTRACTOR shall return within twenty-four (24) hours after the salt or sand
is applied to remove the snow or ice. In the event the snow/ice cannot be
removed during the second trip, CONTRACTOR shall return at least once every
twenty-four (24) hours until snow/ice is removed. These subsequent trips
cannot be charged to the CITY; they are covered under the original trip.
Additional snowlice accumulation on areas still undergoing snow/ice removal
cannot be charged to the CITY as an additional trip; this additional snow/ice
removal will be included in the original trip. Before and after photos must be
taken immediately before and immediately after the work is performed for
all trips.
Each return trip must be documented with before and after condition
photos with correct date and time reference. Failure to provide photo
documentation of return trips shall result in non-payment for work.
The CONTRACTOR must complete an entire work list before commencing
to a new work list; however, the need for return trips will not prevent the
CONTRACTOR from proceeding to the ne�ct list.
In the event the CONTRACTOR is unsure if they should perform work at a
property on the list, the CONTRACTOR must notify the CITY via a phone call
message to (920)236-5065 within four (4) hours of the original site trip. The
CITY will review the property and give direction to the CONTRACTOR. The work
may be kept as part of the original list or removed from the list. The
CONTRACTOR must document the original site visit with proper photo
documentation.
The CONTRACTOR shall take all necessary precautions to protect
passersby, the public right-of-way, and neighboring property from damage and
injury. The CONTRACTOR will be held responsible for damages to sidewalks,
trees, structures, grass areas, and any other items due to their operations.
Salt and chemicals applied on or near reilroad crossings can reduce the
resistant properties of timber and ballast. The CONTRACTOR shall limit the
use of salt or chemicals on or near railroad crossings.
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Reauirements Before Invoices will be Paid
The CONTRACTOR will not be
the list provided by the CITY. The C
receipt of a work list, the followinc
software program for each property:
for sidewalks cleared that are not on
li5t. Within hv0 (2) weekS Of
must be entered into the CITY
a. Date and exact time of snow and/or ice removal;
b. Date and exact time rock salVsand was applied;
c. Approximate length of walk cleared at each location;
d. Before and after condition photos (in digital format) of work
performed at each location are required. Photos shall clearly
identify the location of the property with landmark features in the
background (multiple photos may,be required). Camera must place
correct date stamp on photos. Before and after photos must be
taken immediately before and immediately after the work is
performed;
e. Date, time, location, and photos of any return trips;
f. Any wmments (for example: retum trip required, already cleared,
homeowner came out to shovel, etc.).
To process proper payment, required information on each property
shoveled must be submitted to the Department of Public Works. All photographs
taken must clearly show the before and after condition of the sidewalk and be
taken with adequate light. The cost of the internet access and photos is
considered to be included as part of the pertinent Bid Items. The CONTRACTOR
will not be paid for work that is not properly documented or incomplete as per
conditions of the Contract. Also, the CONTRACTOR will not be paid for work
completed after the 24-hour time limitation has expired, ezcluding return trips.
The CITY will verify work completed and send CONTRACTOR an
itemized list of work performed and costs. CONTRACTOR shall review list and,
when quantities are agreed upon, submit an invoice for the cost shown with the
list attached as documentation. CONTRACTOR shall submit invoices with
corrections within one (1) week of receiving itemized list from CITY.
Public Records
As a contractor for a governmental entity, certain records created that
relate to work performed for the CITY may be subject to Wisconsin Open
Records Statutes. The successful CONTRACTOR agrees to fully cooperate with
all requests related to open records requests.
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Contract
The CONTRACTOR will be required to enter into a contract with the CITY.
All requirements found in this Request for Quotations will become legally binding
terms. The CITY will also include in the Contract other provisions that it deems
to be necessary. A copy of the contract form to be used is enclosed. While
some minor details may be negotiated, contractors should expect to sign a
contract in materially the same form as the Contract provided.
The length of this Contract will be for one winter season, which will start
on November 16, 2015 and end on May 31, 2016. In the event that the CITY
wishes to terminate this Contract before the end of the contract period, a 7-day
notice shall be given to the CONTRACTOR. In the event the CONTRACTOR
wishes to terminate this Contract before the end of the contract period, a 45-day
notice shall be given to the CITY.
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PROPOSAL
FOR
SIDEWALK SNOW AND ICE REMOVAL CONTRACT
We, the undersigned, propose to carry out the assigned sidewalk snow and ice
removal projects, in accordance with the Specifications, from November 16, 2015 — May
31, 2016 for the following rates.
Rates shall include all cost of labor, materials (rock salt, sand, internet access,
photo disks, etc.), use of equipment, and any incidentals required to complete the work
as specified, regardless of the number of personnel engaged in shoveling by hand or
clearing with equipment.
1. Remove all snow and/or ice at a single
location/lot with 0 to 100 feet of sidewalk
.(including rock salUsand application, if
necessary)
5
Lump Sum
2. Additional footage beyond 100 feet at same �
location/lot (including rock satUsand per Linear Foot
application if necessary) �
3. Apply rock salUsand only to 0 to 100 feet of $
sidewalk at a single location/lot Lump Sum
4. Apply rock salUsand only to additional $
footage beyond 100 feet at same location/lot per Linear Foot
5. Remove all snow and/or ice from all
pavement in the handicap ramp/crosswalk $
quadrant (including rock salUsand application per Intersection Quadrant
if necessary)
6. Remove and dispose of snow from locations
where unusual conditions have occurred�
a. Mobilization/demobilization from site
b. Load snow
$
Each
$
EquipmenVLabor Rate Per Hour
c. Haul snow $
EquipmenULabor Rate Per Hour
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CITY OF OSHKOSH
CONTRACTOR'S PROOF OF RESPONSIBILITY
SNOW AND ICE REMOVAL
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ON THE WATER
ALL CONTRACTORS PROVIDWG QUOTATIONS FOR SNOW AND ICE REMOVAL
FOR THE DEPARTMENT OF PUBLIC WORKS
SHALL PROVIDE PROOF OF RESPONSIBILIN
RETURN QUESTIONNAIRE TO:
CITY OF OSHKOSH ENGINEERING DIVISION
CITY HALL, ROOM 301
215 CHURCH AVENUE
PO BOX 1130
OSHKOSH, WISCONSIN 54903-1130
NOTE:
THE CONTENTS OF THIS QUESTIONNAIRE SHALL BE CONFIDENTIAL
FOR THE EXCLUSIVE USE OF THE CONTRACTING AGENCY
AND SHALL NOT BE MADE PUBLIC EXCEPT
BY WRITTEN PERMISSION OF THE PROSPECTIVE CONTRACTOR.
(REVISED September 17, 2015)
DO NOT REMOVE THIS COVER SHEET FROM THIS DOCUMENT
ANSWERS MUST BE TYPEWRITTEN OR IN INK
PRE-QUALIFICATION STATEMENT
There is submitted herewith for your consideration is a statement of qualifications of the undersigned to
fumish the necessary labor, materials, and skills required to enter upon and complete the Contred for
snow and ice removal to be let by the City of Oshkosh.
I. IDENTIFICATION
A. Offcial Firm Name
B. General Telephone Fax
C Address
(Street)
(City) (State) (Zip Code)
D. General E-Mail Address
E. Number of years in business under present firm name
F. Please check (1), (2) or (3):
(1) A Corporation or LLC ❑ (2) A Co-Partnership ❑(3) An Individual ❑
G. Principal individuals:
(If a Corporotion or LLC, answer below) (If a Co-Partnership, answer below)
President Name of Partner
Vice Pres. Name of Partner
Secretary (If a Sole Trader, answer below)
Treasurer Name of Sole Trader
H. If a Corporation or LLC, answer below:
(1) When incorporated , (2) In what State
I. Contact information for questions regarding this form:
Person's Name
E-Mail
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II. EXPERIENCE
A. EXPERIENCE
Wha[ is the snow and ice removal ezperience of [he principal individuals, including
superintendents and/or foremen, of your present organization?
Present Position Years of
Individual's Snowand MagnitudeBTypeof InWhat
Name of Offcer in your Ice Work Capacity
Organization Ex erience
Average number of employees during the last 12 months:
Office Skilled Unskilled
B. WORKONHAND
List below the resent snow and ice removal contracts held b ou.
Percent Anticipated
Date Awarded/Location Type of Work Completed Completion Cost of Work
Date
C. PREVIOUS CONTRACTS
List below snow and ice removai contrects com leted for the last three 3 ears:
Date Awarded Location Type of Work Cosl of Work
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III. EQUIPMENT
A. List below major pieces of equipmen[ owned and available when needed for proposed work.
NUMBERS DESCRIPTION, pRIGINAL ACCUMULATED PRESENT YEARS OF
OF ITEM SIZE, CAPACIN, COST DEPRECIATION BOOK SERVICE
ETC. VALUE
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IV. CONTRACTUAL RESPONSIBILITY
A. Has your firm ever tailed in the past ten (10) years to complete work awarded to it?
❑ Yes � No
If so, state:
Date Owner
Owner's Mailing Address
(At that time or preferably now if [here is a difference.)
Full particulars in each instance: (including type of work & amount of contract)
B. Has any officer or partner of your firm ever failed in the past ten (10) years to complete a snow
and ice removal work handled in his/her own name? O Yes O No
If so, state:
Name of OfficedPartner
Owner
Owner's Mailing Address
(At that time or preferably now if there is a difference.)
Full particulars in each instance: (including type of work 8 amount of contract)
C. Has any offcer or partner of your frm ever been an offcer or partner of some other
organization during the last ten (10) years that failed [o complete a snow and ice removal
contract? O Yes 0 No
If so, state:
Date Name of Officer/Partner
Name and Mailing Address of Organization
Name and Mailing Address of Owner
(Address at that time or preferably now if there is a difference.)
Pull particulars in each instance (including type of work 8 amount of conhact):
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t]-tS.GOv
D. Has your frm or any officer or partner of your firm asked to be relieved from a bid submitted by
it to a puhlic awarding authority during Ihe past ten (10) years? 0 Yes 0 No
If so, state:
Date Owner
Owner's Mailing Address
(At that time or preferably now if there is a
Full particulars in each instance (including type of work & amount of contract)�
E. Has your firm or any officer or partner of your firm been relieved from a contract awarded to it
during the past ten (10) years? � Yes O No
If so, state:
Date Owner
Owner's Mailing Address
(At that time or preferably now if there is a tlifference.)
Full partiwlars in each instance (including type of work & amount of contract):
Has firm or any offcer or partner of your frm ever been charged with or convicted of a violation
of any wage schedule? O Yes 0 No
If so, state:
Date Claiman[
Claimanfs Mailing Address
(At that time or preferably now it there is a difference.)
Full particulars in each instance (including type of work & amount of contract):
L1En0�^aenry\SNOW SHOVEIING FOL�ERSVSnaw Remwal CoMede@01ABiE W!¢ ProM Fwm 9 P2g2 5 Of B
q.�5.Wu
G. Has your (irm; any of its owners; a subsidiary or wrporate parent; or any officer, director, or
partner thereof, been convicted in the last three years of violating Secfion 133.03 Wisconsin
Statufes (Unlawful Contiacfs: Conspiracies)? O Yes 0 No
If so, state:
Date
ClaimanPs Mailing Address
(At that (ime or preferably now if there is a difference.)
Full particulars in each instance (induding type of work & amount of contracQ:
H. Has your firm or anyone employed by your firm been convicted of a felony?
❑ Yes O No
If so, identily and describe each incident (indude county, case number, violation,
circumstances):
Has your frm or anyone employed by your firm been convicted of a misdemeanor or ordinance
violation including disortlerly conduct, disturbing the peace, assault, batlery, theft, fraud, or
similar issues? O Yes ❑ No
If so, identity and describe each incitlent (include county, case number, violation,
circumstances):
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VI. CONTRACTOR'S FINANCIAL STATEMENT
Condition at close of business of , 20_
A. ASSETS
Cash....................�....... _.......................................$
Accounts Receivable ................................................$
Real Estate Equity .................................................. $
Materials in S[ock ................................................... $
Equipment—BookValue ......................................... $
Less Deprecia[ion �
Furniture and Fixtures— Book Value ..........._......_,.... $
Less Depreciation
OtherAssets ..............................._........................ $
TOTAL ASSETS ..........................................$
B. LIABILITIES
Accounts, Notes & Interest Payable .........._ ............... $
Other Liabilities .._ .............. _........_........................$
TOTAL LIABILITIES .....................................$
NET WORTH (TOTAL ASSETS — TOTAL LIABILITIES).. $
C. Who prepared this balance sheet?
D. Are any of your assets assigned? If so, which are assigned?
E. For what purpose are they assigned?
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i�-isaor.
VII. AFFIDAVIT
STATE OF
COUNTYOF
being duly sworn, deposes and says that he/she
(Name of Officer/Owner)
is the of
(Title) (Name of Firm)
and that the answers to the foregoing questions and all statements therein contained are true and
correct, and that any owner or other agency herein named is� hereby authorized to supply the
municipality, City of Oshkosh, with any information deemed necessary to verify this statement.
(Signature of OfficerlOwner)
Subscribed and swom before me this day of , 20_
Notary Public
County State
My Commission Expires
m.,.,:ZiP19�leS'i
Date
Director af Public
Date
City Manager
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CONTRACT FOR SNOW AND /CE REMOVAL
THIS CONTRACT, made on the day of , 2015, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY,
and (Name & address),
party of the second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter named,
enter into the following Contract. The CITY's Request for Quotations is attached to this
Contract, along with the CONTRACTOR's Pre-Qualification information and work
proposal. The terms of this Contract and the CITY's Request for Quotations will prevail
over the CONTRACTOR's Proposal if there are any inconsistencies between these
documents.
ARTICLEI. PROJECT MANAGER
A. Assignment of Project Manager. The CONTRACTOR has assigned the
primary individual identified below to manage the project described in this Contract.
The CONTRACTOR also assigns the second individual identified below as qualified to
make all decisions for the CONTRACTOR if the primary person is not available:
(Insert name of Project ManagedPrimary ContactJ
Qnsert name of Secondary Contact with Authority)
B. Changes in Project Manager. The CITY shall have the right to approve or
disapprove of any proposed change from the individual named above as Project
Manager. The CITY shall be provided with a resume or other information for any
proposed substitute and shall be given the opportunity to interview that person prior to
any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the project described in
this contract:
(Insert name of City Representative.)
ARTICLE III. SCOPE OF WORK
The CONTRACTOR shall provide the services described in the CITY's Request
fo� Quotations. The CONTRACTOR may provide additional products and/or services if
such products/services are requested in writing by the Authorized Representative of the
City.
All reports, drawings, photographs, electronic data, specifications, computer files,
field data, notes, and other documents and instruments prepared by the
CONTRACTOR as instruments of service�shall remain the property of the CITY.
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ARTICLE IV. CITY REPONSIBILITIES
The CITY shall furnish, at the CONTRACTOR's request, such information as is
needed by the CONTRACTOR to aid in the progress of the project, providing it is
reasonably obtainable from City records.
To prevent any unreasonable delay in the CONTRACTOR's work, the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
ARTICLE V. TIME OF COMPLETION
TIME IS OF THE ESSENCE IN THIS CONTRACT. ALL TIME LIMITATIONS
AND DEADLINES WILL BE STRICTLY ENFORCED BY THE CITY. The work to be
performed under this Contract shall be commenced and the work completed within the
time limits as described in this Contract, including any attachments.
The CONTRACTOR shall perform the services under this Contract with
expediency and with sound work practices. The nature of the work required by this
agreement will occur in or around inclement weather, namely snow, ice, and other
weather events involving precipitation. The CONTRACTOR therefore shall perform
work in, and accommodate situations arising from, inclement weather. The
CONTRACTOR will not be responsible for damages arising directly or indirectly from
any delays for cause such as strikes or other labor disputes by organized labor.
ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT
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. Request for Quotations
3. CONTRACTOR's Pre-Qualification information
4. CONTRACTOR's Proposal
In the event that any provision in any of the above component parts of this
Contract is in conflict with any provision in any other of the component parts, the
provision in the component paR first listed above shall govern over any other
component part which follows it numerically except as may be otherwise specifically
stated.
ARTICLE VII. PAYMENT
A. Payment Amount. The
performance of the Contract based
Proposal, adjusted by any changes
parties hereto.
CITY shall pay to the CONTRACTOR for the
upon the prices identified in the CONTRACTOR's
hereafter mutually agreed upon in writing by the
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B. Method of Payment. The CONTRACTOR shall submit itemized statements
for services. The CITY shall pay the CONTRACTOR within 30 calendar days after
receipt of such statement. If any statement amount is disputed, the CITY may withhold
payment of such amount and shall provide to CONTRACTOR a statement as to the
reason(s) for withholding payment �
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this Contract executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS AND INDEMNIFY
The CONTRACTOR covenants and agrees to protect and hold the City of
Oshkosh 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 caused
or result from any violation of any law or administrative regulation, and shall indemnify
or refund to the CITY ali 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 IX. INSURANCE
The CONTRACTOR shall carry insurance which includes the CITY and its
employees and agents as an additional insured's for work required by this Contract.
The CONTRACTOR's insurance must be primary insurance. The type of insurance and
coverages must conform to the attached City of Oshkosh Insurance Requirements.
ARTICLE X. TERMINATION
This Contract may be terminated for any reason by either party. The CITY may
terminate this Contract after giving the CONTRACTOR written notice at least seven (7)
calendar days before termination. The CONTRACTOR may terminate this Contract
after giving the CITY written notice at least forty-five (45) days before termination. The
CONTRACTOR's obligations to hold harmless and indemnify the CITY, and to maintain
insurance for actions related to this Contract shall survive after the Contract has been
othervvise terminated. The CONTRACTOR shall be entitled to compensation for any
satisfactory work performed up to the date of termination.
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This document and any specified attachments contain all terms and conditions of
the Contract and any alteration thereto shall be invalid unless made in writing, signed by
both paRies and incorporated as an amendment to this Contract.
In the Presence of:
(Seal of CONTRACTOR
if a Corporation.)
(WiMess)
(Witness)
t":• �
City Attorney
CONTRACTOR
By:
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
And:
Pamela R. Ubrig, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this Contract.
City Comptraller
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4/14/14
CITY OF OSHKOSH
INSURANCE REQUIREMENTS
V. STREET / SIDEWALK OBSTRUCTION /
SIDEWALK LAYERS I CURB CUT CONTRACTORS /
WORK IN RIGHT-OF-WAY LICENSES INSURANCE REQUIREMENTS
The Contractor shall not commence work on contract until proof of insurance required has been-
provided to the applicable City department before the contrect or purchase order is considered for
approval by the City.
It is hereby agreed and understood that the insurance required by the City of Oshkosh is rio marv
coveraae and that any insurance or self insurance maintained by the City of Oshkosh, its officers,
council members, agen�s, employees or authorized volunteers will not contribute to a loss. All
insurance shall be in full force prior to commencing work and remain in force until the eMire job is
completed and the length of time that is specified, if any, in the contract or listed below whichever is
langer.
1. GENERAL LIABILITY COVERAGE
A. Commercial General Liability
(1) $500,000 each occurrence limit
(2) $500,000 personal liability and advertising injury
(3) $500,000 general aggregate
(4) $500,000 products — completed operations aggregate
B. Claims made form of coverage is not acceptable.
C. Insurance must include:
(1) Premises and Operations Liability
(2) Contractual Liability
(3) Personallnjury
(4) Explosion, collapse and underground coverage
(5) Products/Completed Operations for 2 years after acceptance of completed work
(6) The aeneral aqqreqate must aoolv separatelv to this oroiect/location
2. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist:
A. $500,000 Combined Single Limit for Bodily Injury and Property Damage each accident.
B. Must cover liability for Symbol #1 -"Any Auto" — induding Owned, Non-Owned and
Hired Automobile Liability.
3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY—"If" required by Wisconsin
State Statute or any Workers Compensation Statutes of a different state.
A. Must carry coverage for Statutory Workers Compensation and an Employers Liability
limit of:
(1) $100,000 Each Accident
(2) $500,000 Disease Policy Limit
(3) $100,000 Disease — Each Employee
V-1
4/14/14
4. BUILDER'S RISK / INSTALLATION FLOATER / CONTRACTOR'S EQUIPMENT OR
PROPERTY
The contractor is responsible for loss and coverage for these exposures. City of Oshkosh
will not assume responsibility for loss, including loss of �use, for damage to property,
materials, tools, equipment, and items of a similar nature which are being either used in the
work being performed by the contrector or its subcontractors or are to be built, installed, or
erected by the contractor or its subcontredors.
5. ADDITIONAL PROVISIONS
A. Acceotabilitv of Insurers - Insurance is to be placed with insurers who have an A.M.
Best rating of no less than A- and a Financial Size Category of no less than Class VI,
and who are authorized as an admitted insurance company in the state of Wisconsin.
B. Additional Insured Reouirements — The following must be named as additional
insureds on all Liability Policies for liability arising out of project work - City of
Oshkosh, and its officers, council members, agents, employees and authorized
volunteers. On the Commercial General Lia6ility Policy, the additional insured
coverage must be ISO form CG 20 10 07 04 or its equivalent and also include
Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for
a minimum of 2 years aker acceptance of work. This does not apply to Workers
Compensation Policies.
C. Certifcates of Insurance acceptable to the City of Oshkosh shall be submitted prior to
commencement of the work to the applicable City department. These certificates shall
contain a provision that coverage afforded under the policies will not be canceled or
non renewed until at least 30 days' prior written notice has been given to the City Clerk
— City of Oshkosh.
V-2
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TXIS
CERTIFICATE DOES NOT AFFIHMATNELV OR NEGATIVELV AMEND, EXTENU OR ALTER TNE COVERAGE AFFOROED 9Y TNE POLIGES 9ELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETNEEN THE ISSUING INSURER�S�, AUTHORIZEO REPRESENTHTIVE OR
PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certlflca[e M1oltler ia an NOOITIONAL INSURED, t�e policy�iez) must Ea entlorcetl. I( SUBROGATION IS WAIVED, su�ject to Iha
terms anC contlitions of Ihe poliry, certain polldea may require an antlorsement A atatement on iM1ia certifiwte tloes nat con(er rlgM1b lo ihe wrtificate
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: of Insurance atteptabla to the City of Oshkosh shall be submitted prior to commencemenl oRhe work lo the applicable City
1. These certificates shall conWin a provision ihat coverage af/ortled untler the policies will not be canceled or non renewetl un[il at
ys' prior wri�ten nolice has been given to ihe Cily Clerk-City ot Oshkosh.
Ci[y of Oshkos�, Altn: City Cle�k Msurance Standard V SHOULO ANV OF THE ABOVE DESCRIOE� POLIQES eE CqNCELLEO 9EFORE
]15 CM1U�ch Avenue SAMPLE CERTIFICATE THE EXPIRNTION OATE, THEREOF, NOTICE WILL BE DELIVERED IN
PO 9ox 1130 /CCOROANCE WRH THE POLICY PROVISIONS.
Oshkosh,W156903-'11J0 P�easeintlicatesomewhereon�his
cehificate,theconl�actorpro�ecttl BUTX00.¢EOREPRESENT4TNE
lhis certifica[e is for.
ACORO 25 (4070/OS) The ACORD name antl logo are registered marks of ACORD
POLICY NUMBER: COMMERCIAL GENERAL LIABILITV
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insu�ed Person�s)
Or Or anization s: Location s Of Covered O erotions
As required by contract Any and all job sites
Informalion re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organizalion(s) shown in the Schedule, but only
wi[h respect lo liability (or "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The ac[s or omissions of those acting on your
behalf;
In the performance of your ongoing operations for
the atltlitional insured(s) at the location(s) design-
natetl above.
Insurance Standard V
SAMPLE CERTIFICATE
Vlease Indicate somewhere on Ihis
certificale, lhe contracl or project #
B. With respect lo the insurance afforded to these
additionai insureds, the following additional exclu-
sions apply: �
This insurance does not apply to "bodily injury' or
"property damage' occurring after:
1. All work, including materials, parls or equip-
ment fumished in connection with such work,
on the project (other than senice, maintenance
or repairs) to be pertormed by or on behalt of
the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another conVactor or subcontrector en-
gaged in pertorming opera�ions for a principal
as a part of the same project.
CG 20 10 07 04 � ISO Properlies, Inc., 2004 Page 7 ot 1 ❑
POLICV NUMBER: P^���•" COMMERqAL GENERAL LIABILITV
CG 20 37 07 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsemen� modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s: Lacation And Descri tion Of Com leted O erations
As required by contract Any and all job sites
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insuretl is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only wi�h
respect to lia6ility for "6odily injury", "property dam-
age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that atlditional
insured and included in the "products-completed
operations hazard".
Insu�ance Standard V
SAMPLE CERTIFICATE
Please intlicate somewhere on thia
certificate, [he con Vac[ or project N
iM1"
CG 20 37 07 04 � ISO Properties, Inc., 2004 Page 1 of 1 ❑
CITY OF OSHKOSH
CONTRACTOR'S PROOF OF RESPONSIBILITY
SNOW AND ICE REMOVAL
�;:,:.�,��_�_
� OCl 'L92015
Ul'P1�01� i'!��1LIC WOILK3
OS�II<OSH, WISCONSIN
ofHKOf�
ON THE WATER
ALL CONTRACTORS PROVIDING QUOTATIONS FOR SNOW AND ICE REMOVAL
FOR THE DEPARTMENT OF PUBLIC WORKS
SHALL PROVIDE PROOF OF RESPONSIBILITY
RETURN QUESTIONNAIRE TO:
CIN OF OSHKOSH ENGINEERING DIVISION
CITY HALL, ROOM 301
215 CHURCH AVENUE
PO BOX 1130
OSHKOSH, WISCONSIN 54903-1130
NOTE:
THE CONTENTS OF 7HIS QUESTIONNAIRE SHALL BE CONFIDENTIAL
FOR THE EXCWSNE USE OF THE CONTRACTING AGENCY
AND SHALL NOT BE MADE PUBLIC EXCEPT
BY WRITTEN PERMISSION OF THE PROSPECTIVE CONTR4CTOR.
(REVISED Sep[ember 17, 2015)
DO NOT REMOVE THIS COVER SHEET FROM THIS DOCUMENT
ANSWERS MUST 8E TYPEWRITTEN OR IN INK
PRE-QUALIPICATION STATEMENT
There is submitted herewilh for your consideration is a statement of qualifications of the undersigned to
furnish the necessary labor, materials, and skills required [o enter upon and complete the Contract for
snow and ice removal to 6e let by the Ciry of Oshkosh.
1. IDENTIFICATION
A. Official Firm Name � � � �
8. General Telephone _ I���� a 1( ) l.iC ) Fax �/ -�
C. Ad/dre�ss)� /I��]"7 (.-��.�.���� ��1 � h�,liteC
(/ 1/ l l l�1t� �� W J(Street) �'�"1 WL/�� �
(City) (Sta[e) (Zip Code)
D. Generel E-MailAddress '-(1'),S � /� ��(�, �� �
E. Number of years in business under pre ent frtn name 4l�
F. Please check (7), (2) or (3):
(7) A Corporation or LLC I� (2) A Co-Patlnership ❑(3) An Individual ❑
��
G. Principallndividuals:
(If a Corporation or LLC, answer below) (If a Co-Partnerehip, answer below)
President l��, I 1 I i1�i� i— Name of Partner
Vice Pres. (/(,l/ ll 1 UViI 1 Name of Partner
Secretary L1 L4Y\ �� 1 (If a Sole Trader, answer below)
Treasurer '+�.1 I -� Name of Sole Trader
H. If a Corporation or LLC, answer 6elow:
(1) When incorporeted ii(1,�-�i �, (2) In what State UI� �
L Con[act infortnation for questions regarding this (orm:
Person'sName �,�I� 1 Q(�����C�� � n /I /1 /'
Telephone`i�/lo��"1��� c)j(�)l/(7(, FAX M��V��"I/Ilfl-'7VliV'
E-MailAddrese �VWI �� nl�, 1llil
i��y��..1�q�suowsNOVeuucFO�oERSVS�o..namwacw�o-.ae�zois�eamrevmotro� e- Page 1 of8
1I-156�u
11. EXPERIENCE
A. EXPERIENCE
What is the snow and ice removal experience of the principal individuals, including
superintenden[s and/or foremen, oF your presen[ organization?
Average number ot employees dunng the last 12 monihs:
Office� Skilled� Unskilled
B. WORK ON HAND
List below the resen[ snow and ice removal contracts held b ou.
Percen[ Anticipated
Date Awartletl/Location Type of Work Completetl Comple[ion Cost o( Work
Dale
�
PREVIOUS CONTRACTS
Lis[ below snow and ice removal conlracts com leted for the last three 3 ears:
Date Awarded Lxation Type of Work Cosl of Work
�
c��qrcen�q.s�+owswv[urpro�o[qsmwwRemmnicmeeee�oisaeee��pmotrarm_o- Pa e2o(8
n-iseQ 9
III. EQUIPMENT
A. List befow major pieces ot equipment owned and available when needed for or000sed work.
NUMBERS DESCRIPTION, ORIGINAL ACCUMULATED PRESENT YEARS OF
OF ITEM SIZE, CAPACITV, COST DEPRECIATION BOOK SERVICE
ETC. VALUE
I'1E'Slre�ehgt5NOW5MWELINGFOI➢ERSS�wxPwmvalCmtratlS101SeIEA/aRwIF� B� Pd(fC30fB
IV. CONTRACTUAL RESPONSIBILITY
A. Has your irtn ever failed in the past ten (10) years to complete work awartled to R?
❑ Yes�No
If so, sta[e:
Date Owner
Owners Mailing Address
(At that time or preferably now if there is a diHerence.)
Full particulars in each instance: (including rype of work & amount of contracl)
B. Has any officer or partner of your firm ever tailed in the past (ery(10) years to complete a snow
and ice removal work handled in his/her own name? O Yes J`No
If so, state:
Name of OBicedPaAner
Owner
Owner's Mailing Address
(At that time or preferebly now H there is a diHerence.)
Full particulars in each instance: (including type o� work 8 amount of contract)
C. Has any officer or partner of your firtn ever been an officer or pariner of some other
organization durin�e last ten (10) years [hat (ailed to wmplete a snow and ice removal
contract? � Yes No
If so, sta�e:
Date Name of OfficedPahner
Name and Mailing Address of
Name and Mailing Address of Owner
(Address at that time or preferably now if there is a drfference.)
Full partiwlars in each ins[ance (induding type of work & amount of wntrect):
c�rq,wnrq�sHOwsHOVeuuc ra�oEtvns�a. a�.ai com�.e��zaisaeeer: a��ro� a Page a o( e
9-15.0.^cx
D. Has your firtn or any oHicer or partner o! your firtn asked [o be relievetl fro a bid submitted by
if to a public awarding authority during the pasl ten (10) years? 0 Yes�No
If so, state:
Date _ Owner
Owner's Mailing Atldress
(At that time or pre(erably now if there is a diNerence.)
Full particulars in each instance (including [ype of work & amount of contract):
E. Has your (irtn or any of(icer or partner o( yo r firm been relieved from a conirect awarded to it
during the pas[ [en (70) years? � Yes �No
I! so, state:
Date Owner
Owners Mailing Address
(At that time or pre�erably now i( there is a diflerence.)
Full particulars in each instance (including type ot work & amount of contrect)�
F. Has firtn or any officer or partner.o �your firtn ever been charged wi[h or convic[ed of a violation
of any wage schedule? 0 Ves No
If so, state:
Claiman[
Claimant's Mailing Address
(At ihat time or preterebly now if there is a difference.)
Full patliculars in each instance (including type ot work & amount of contracQ:
i�np�rg�sNOwsnovEUrvc rotoeAS�s�w Removei comnnv�zois�eieex� amm ro� e- Page 5 of 8
G. Has your firtn; any o( i[s owners; a subsidiary or corporate parent; or any offcer, director, or
partner lhereof, been convicted in the last three years f olating Section 733.03 Wisconsin
Statotes (Unlaw/ul Contracfs: Conspiracies)? O Ves �No
If so, state:
Claimant's Mailing Address
(At that lime or preferably now if [here is a difference.)
Full partialars in each ins[ance (inclutling type of work & amount of contrect):
H. Has your,fip� or anyone employed by your firm been convicted of a felony?
❑ Ves m No
�
If so, iden[ify and describe each incident (include county, case number, viola[ion,
circumstances):
Has your firtn or anyone employed by your firtn been convicted of a misdemeanor or ordinance
violation including disorde��`Iyyybonduct, disturbing the peace, assault, battery, thek, fraud, or
similarissues? � Yes q� No
��
I( so, identify and describe each incident (include county, case number, violalion,
circumstances):
i�� �s.rowsHO�uucro�ass�o.�rv.mo..rcww�ois�naxr.vmaF�o- Pa9e6of8
VI. CONTRACTOR'S FINANCIAL STATEMEN7
Condition al close ot business of 20
A. ASSETS ��v ��`-��"" �
Cash....................................................................$
Accounts Receivable ................................................$
Real Es[ate Equi[y .................................................. $
Materials in S[ock ................................................... $
Equipment - Book Value ......................................... $
Less Depreciation
Furndure and FiNures - Book Vatue .......................... $
Less Depreciation
OtherAssets ......................................................... $
TOTAL ASSETS ..........................................5
B. LIABILITIES
Accounis, Notes & Interes[ Payable ........................... $
Other Liabilities ...................................................... $
TOTAL LIABILITIES .....................................$
NET WORTH (TOTAL ASSETS - TOTAL LIABILITIES).. $
C. Whopreparedthisbalancesheet? � �I�II /.����i�/�i�%(��e,IL+J (J�I//�,� ���//CnL1C�
� � lJl
D. Are any of your assets assigned7 If so, which are a signed7
vP�C �-�'li.�h�,� i
E. For what purpose are [hey assigned?
�hk�
i:�ryreen��sxowsHOVeuHC aaoeas�s�ow aemo..� camea»aisaaar. v�wv� s- Page 7 of 8
n-ism.
VII. AFFIDAVIT
STATE OF
COUNTY OF
_ 6eing duly sworn, deposes and says lhat he/she
,=�ne '�residen�fi o� �JefF F��ast ,Cxccv��fihc�, lrx:
(Title) (Name of Firtn) �
and [hat ihe answers to Ihe (oregoing ques[ions and all sla[ements therein conlained are true and
wrrect, and tha[ any owner or other agency herein named is hereby authorized to supply the
municipality, City of Oshkosh, wilh any information de,�m�d,necessary to verify this statement.
of OfficedOwner)
Subscribed and swom before me this �If'�.. day
APPROVEDBY:
County I State
V x �J /
My Commission Expires C l�/1 /(/7
Direc(or of Public Works
Date
City Manager
1'1Erqi�wrlry\SNGN N1pVEt)NGFOLCEf1S5r�av Rvr.wel Coritreea�301SBWAfe FemtFOrm 0. P0g¢ B W B
Pd56v
Snow Removal Sales:
AxleTech $ 50,584.10
UWO $ 56,859.54
NewLife $ 1QS18.50
Oshkosh Schools $ 14,865.18
Hwy 44 $ 5,703.73
Fox Valley Technical $ 41,076.58
St Jude & Mast Blessed $ 22,424.76
��
$ 276,368.95
18%
21%
4%
5°/a
2%
IS%
8%
Snow Removal Sales: $ 212,583.81
Aacle Tech $ 26,830.06
UWO $ 17,343.44
New Life $ 8,911.40
Oshkosh Schools $ 14,50938
Hwy44 $ 6,199.61
Fox Valley Technical $ 43,57238
StJude & Most Blcssed $ 18,504.52
Town of Algoma $ ]0,506.57
��
Snow Removal Sales:
Aacle Tech $ 14,493.55
UWO $ 1,134.58
New Life $ 5,50829
Oshkosh Schools $ 7,836.51
Hwy 44 $ 2,729.23
FoxVallcyTechnical $ 4Q300.00
Most Blessed $ 8,642.13
Town of Algoma $ 12,851.74
��
13%
8%
4%
�o/a
3%
20%
9°/a
S%
$ 129,644.10
11%
I%
4%
6%
2%
32%
7%
10%
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CURRENT ASSETS:
Petry Cash
Checking-Wes[ Pointe Bank
Checking-Horicon Bank
Accounu Receivable
]nventory
TOTALCURRENTASSETS
FIXED ASSETS:
Equipmen[
Acwm DeprvFyuipment
Trauspoctation Equipment
Accum DeprvTransporta[iun Eq.
Leasehold Improvements
Accum DeprLeuehold Imp.
NET FIXED ASSETS
OTHER ASSETS:
De£erred Income Tac Asse[
TOTAL OT[-�2 ASSETS
TOTALASSETS
SEFFFOUSTHXCAVATING,INC.
Balance Sheet
� Septcmbcr30,2015
ASSETS
(69.I8)
15,226.74
11,425.43
148,958.60
43,548.40
923,140.71
(833,94327)
1,151,285.67
Q,057,401.45)
6,93225
(78532)
13I,OOO.OU
Unaudiled - For Management Purposes Only
Vege: 1
219,089.99
I89,228.59
]31,000.00
539,3IS.58
IEFF FOUST EXCAVATING, INC.
Dalance Sheet
Sep[ember 30, 2015
LIARILITIES AND EQUiTY
CURRPNT LIABILITIES:
Liue of Credi[-Horioou 6ank
Accounte Payable
Fed & FICA W/H & Employer
Shate W/H
Accmcd FED Unemployment
Accrued WI Unemployment
Accmed Interes[
WI Sales Tax Payable
TOTAL CURRENT UABILITIES
LONG-TERM LIABiLITIES:
N/P-Memhants Capital
N/P - Cazole Lee Fous[ Trk 92
Accoimts Payable - Employees
N/P-Horicon 20799689001
N/P-TD Auro Finance LLC
TOTAL LONG-TERM LIABILITIES
TOTAL LiAHILITIES
STOCKHOLDER'S EQUITY:
Capital Stook
Additionai Capital
Add'I Cap Sob Off Loaus
Retained Earnings
Net Inwme
TOTAL STOCKHOLDER'S EQUiTY
TOTAL LIAAILIITES & EQUITY
$ 50,000.00
I 11,752.59
5,922.19
3,002.49
76.57
7,347.RS
1,073.03
652.72
17,199.87
3,151.36
A3,820.00
94,62632
38,59238
5,000.00
148,08629
6Q900.00
Q 81,344.63)
89,SI9.52
Unaudited - For Management Putposes Only
a
PaBe:2
179,767.47
237,389.93
417,157.40
122,161.18
539,318.58
2824 CLAIflVILLE ND
OSHKOSH. WI 54904-9t51 326 E Leke St
PO 6ox 194
Hodcon. WI 53032-0144
THIS COMMERCIAL SECUflITY AGflEEMENT dated May 3, 2013, is maEe and execvretl between JEFF FOUST E%CAVATING. INC. 1'Grentor'1
and Horicon 6ank 1'LanEer'1.
GRANT OF SEWHITY INTEFEST. For valuabla considerauon, Grenwr gmnts to Lentler a se urity interesf in the Collareral m secura che
Indebtadness antl agrees thai Lender shall have the rights stateA in fhis Aqreement wi[h respect m the Collahral, in atltlition fo all other rights
which Lender may have by law.
COILATEflAL DESCflIPTION. The wortl �'C011ateral' es used in this Agreement meens [he followinB tlescribe0 O�operty, wheffier now ownetl o�
hereafter acquired, wM1etM1er now existing or hereaRer arising, and wherever toca[ad, in which Granmr is giving to Lentler a sewriry interest for
the Oayment oi [he Indeb[etlness antl petlormance of ell o[her obligations untler Ne Note antl Nis AgreemenT.
1995 FOFlD LBOOO�VIN iF�XK82E45VA272041
1992 FOFD LT580001VIN tF02Y82A6NVA16858)
199] CHEVHOLET DUMP IVIN iGBJN3QIBVF000145�
1990 FOPD LT59000�VIN 1FDZY90X9LVA251491
1993 MACK RB6885 �VIN tM2AMO8CtPM0022161 �
1990 FOflO LNBOOOIVIN iFDYfl82AtLVA049321
1996 PORD L900�VIN iFpZY9058TVA254941
1994 BONGO �UMP TRAILEfl IVIN 1B9DS3129flP31321])
t989 EAST TRIAX TflAILER (VIN 1E1O1F381 KflC1043]I
All inventory, aquipment accounb (incNtling bN no[ limited m all healtM1-care insuranca mceivablesl, chattel paper. instruments lincluding
but not limi[etl to all promissory nmesl, lener-oY-credit rights, leners ot credit, documents, tleposit acrounts, imestment pmperty, money,
atM1er rigM1ts to payment and pertormance, and general intangibles lincluding bvt nm limifed to all sokwara and all payment intangiblesl: all
oil, gas and other minerals before eztraction; all oil, gas, other mine�als and accounts c nstimting asextmcteE collateral; all fxmres; all
timber to be at all anecM1mencs, accessions, accessories, tiltings, increases, tools, parts �repairs, supplies, enE commingletl goatls ralating
to the toregoing property, entl all atltlitions, �eplecements of antl suESti[utions to� all o� eny part of fhe toregoing proPerty; allin
retunds relating m tha fomgoing property; all gootl will relating [o Ihe toregoing pmperty; all rewrds and tlata antl embatltled sokware
relating to the Poregoinq property, antl all equipment imentory antl software to vtilize, create, maintain entl pmcezs eny such re ordz end
tleta on elecnonic media; entl ell sapponing obligations relating to �M1e foregoing pmpercy% all whether n xisvng or hereakar a sing,
whether now ownad or bereaker acpuiretl or wM1e[Fer now or hereafter subjec� to any riqM1ts in H�e �oregoing property: and all produc[s and
pmceeds linduding but not limi[etl [o all insurance paymnnUl of or r¢lating to [he foregoing property.
Equipment es follows: 1991 J.F. CaseTracmr Loader/Backhoe SBOK Serial#JJG003268, 1992 H@achi Hydraulic Ezcavamr EX'150
Semil#13326]0, 1989 J.F. Case t150E Dwer Sarisl#JAKOOOW03, 1990 Case ]21 4-WM1eal Drive Loader Serisl#JAK0021452, 1995
Dresser 520-C Payloader Serial#10659. 1995 Romatsu PC200 LC Hydraulic Excavamr Serial#A80885, 1995 Case 650 G BuIlEOZer
Serisl#JJG021602], 1996 Komatsu PC150 Hytlmulic Excavaror Serial#]543, 199] C8306 HYPAC Compacmr SerialN8208C1923V, 2D05
VOLVO Mini Excavator ECN88 Serial#10203.
In atltlltion, the wortl "C011a[eral' also indutles all the following, whether now owned or hereatter acquired whether now existing or hereeher
arising, anC wherever located
(A1 All eccessions, attachments, accessories, rools, parts, supplies, replacements of and additions to any of the collareral tlesaiCetl hereln,
wnether addetl now or later.
IBI All pmducts antl protluce of any of tM1e property tlesmibatl in this Colleteral section.
ICI AII accounts, general intangibles, insIIUmenSS, rents, monies, paymanS, entl all otM1er rights, ansing oW ot e sele, leese, consignmen[
or mM1er tlis0osition ot any ot the property described in [his Collateral section.
101 All pmceetls lincluding insurance pmceeds� trom ffie sale, destmction, loss, or offier tlisposition of any of the pmperty tlescribetl in this
Collareral section, entl sums tlue from e thirtl pmry wM1O M1as tlamegeG or tles[royetl the Collateral or from chac Oarty's insurer, wM1etM1ar tlue
m jutlgment, sealement or o�her pmcess.
IEI All recortls entl tlate releting �o any of the property tlescribeE in this Collereral secrion, whe[M1er in iM1e torm oi a writing, pbomgreph,
cmfilm, m mfiche, or eleqronic metlia, togeIDer wiN ell of Grenmr'a irgM1q title, and interest in entl So ell <omputer sokware requiretl to
p{IGZE. CIB3(E�. T210t810� dl11I plOL255 80Y SYCM1 !2WlES O! d8t3 Ofl 2IQL[IOOIC T2dld.
Cfl055-COLLATERALRATION. In etltlition m the Note, this Agreemen[ secures ell obligations, debts and liabilities, plus interest thereon, of
Gran[or m Lentleq or any one or e ot them, as well es ell cleims by Lendar agains� Granmr or any one or more of them, whether now
existing or hereafler arising, whethe�related or unrelacetl to [he purpose of the Note, whetber voluntary o o[herwlse, whether tlue or not Due,
direct o intlirect tleterminetl o untle[ermined, absoWte o contingenq liquitle[etl or unliquiEatetl, whetM1errGranmr maV be liable me���e�eny o�
jointty wiffi o[hers, whether obliga[ed as guarentoq surery, eccommotletion perty or otherwise, and whe[her recovery upon such amounts may
be or hereafter mey become �arretl by any staNte ot limitations, antl whether [he obligation m repay such amowts may be or her¢afier may
become offierwise unenforceable. � �
FUTURE A�VANCES. In etlaition w che Note, this Agreemen[ secums ell tumre ativances metle by Lentler to Grentor regartlless of whether the
etivences are matle al pursvant [o a commitment or b1 for [he same purposes.
RIGHT OF SETOFF. To Ne extem permlttetl by epplicable law, Lender reserves e right of seroff in elt Granmr's acwunts wiffi Lender �wheNer
checking, savings, or some other accounH. This inclvtles all eccounts Grantor holtls lointly wlth someone else and all accounts Grenmr may
open in [�e future. Howeveq tM1is tloes not inclutle any IRA or Keogh accounts, or eny hust accounts tor which semif would be prohibited by
lew. Granror avthorizes Lentler, m t�e exrent perminetl by epplicable law, m charge or semff ell sums owing on the Indebtedness against any
antl all such eccoums
GFANTOR'S REPHESENTATIONS AND WANPANTIES WITH RESPECT TO THE COLLATERPL. With respect m the Callereml, Gmncor represents
entl pmmises m Lentler ffiat
PeAaction of Security InteresL Granmr ag�ees [o take wpatever ections are repuestetl by Lender m perfect and continue Lentler's security
interest in the Collateral. llpon request oY Lentler, Grantor will tleliver ro Lender eny entl all ot tha tlocuments evi�encing or consti�ming the
Collateral, and Grentor will note Lender's inrerest upon any antl all chatrel paper antl insbuments if not delivered m Lender tor possession
by Lentler. Thu is e continuing Securiry Ngreement antl will continue in effec[ even though all or eny pan o( the Indebtedness is paid in hll
� JEFF FQUST EXCAVATFiT�, FIWTC. � �
� � ��2824 CLAIAVILLE ROAD . gF�EIVED -
p� OSHKOSH. WISCONSIN 5490? � � - �
UJ
a�., :�` (szo� azs-ssos NG� 320f5
�pnt: (saoj a2s-4oao �
PROPOSALFOR De�roeeue��c�vor.res
SIDEWALK SNOW AND ICE REMOVAL CONTRAETh°sH. aviscor�siN
� We, the undersigned, propose to carry out the assigned sidewalk snow and ice .
rmoval projects, in accordance with the Specifications, from Nov_mber 16, 2015 — May . �
. 31, 2016 for the follovuing ratzs. �� � -� _ - � �
Rates shall include all cost of labor,�materials (rock salt, sand, internet access,
- photo disks, etc.), use of equipment, and any.incidentals required to complete the work �
� as specified, regardless of the number of pzrsonnel engaged in shoveling by hand oY �
� clearing with equipmenL � � � . - � � � � .
�� 1. Remove alI snow and/or ice at a single $ � � 85.00 � � �.
� �� location/lot with 0 to 100 feet of sidewalk . Lump Sum �. . ..�, .
. (induding rock salUsand application, if . . � . � � . � �
necessary)
2. Additional footage beyond 100 feet at same
� location/lo( (inciuding rock salt/sand ,
�pplication if necessary)
3. Appiy rock salUsand only to 0 to TOO feet of
sidewalk at a single location/lot . .. ..
4. Apply rock salUsand only to.additional �
footage beyond 100 feet at same location/lot
5. .-Remove all snow and/or ice from all .�
� pavementin#hehandicap��ramp/crosswalk
quadrant (including rock salUsand application
if necessary)
� 0.85
Per Linear Foot
$ 60.00
LumpSum � � �� �
� 0.60
Per Linear Foot
� � 60.00 �� � � -
Per Intersection Quadrant .
�� 6. Remove and dispose of snow from locations � . ��.
� � where� unusual conditions have occurred: . . , � � � , . . - �
a. Mobilization/demobilization from site � $ � � 85.00 � � � .
. . _ . . . - . . � Each � � . . ..
b. Load snow
$ 75.00
EquipmenULabor Rate Per Hour
c. Haul snow $ 75.00
EquipmenULabor Rate Per Hour
� Authorized5ignature: �� /422l�;�
- .� - leff Fousc (PresidentJ . Page 1 of 1
, /� JEFFFOUOPC MSHAFE
A��RO' CERTIFICATE OF LIABILITY INSURANCE o<reiMM�oo��
11/192015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E%TENO OR ALTER THE COVERAGE AFFORDEO BYTHEPOLICIES
BELOW. THIS GERTIFICATE OF INSUftANCE OOES NOT CONSTITUTE R GONTRACT BETWEEN THEISSl11NGIN511RER�5�,AUTHOftIZE�
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: Hf�ecertlficateholtlerisanAD�ITIONALIN50RE0,1M1epaliry(ies�mustUeendorsadlfSUBROGATIONISWAIVEO,subjectlo
tM1e lerms antl contlitions of the policy, ceetain policies may require an entlorsement A statemen[ on Nis certiflcale Eoea not confar rigM1q to the
urtilcata M1oltle� In lieu of sucM1 entlorsem¢nt�s�.
°R�°0CE" xa"ueIDOT Michelle5haferQC,CISR
bekson Kahl Insumnce SaMCes, LLC :-- vnoxe , g00 524-5467 F"x . 866 118-6850
39S.MartSt nmuoen.l 1 ucxa.l 1
Fontl Du Lac, WI5a935 � �� � � . � �� � noo°�ss: info 'acksonkahl.com
INSUIiE0.�5�AFFOX�IXGCOVEMGE N51C1
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JeRFOUStEZCavalinglnc.DLi'?�,-'�, , ,
]031CIairvlllaROatl LS �,�,� I At���i�ryS����
OaM1kosh,W154901 N
THIS IS TO CERTIFY THAT THE POLIQES Of INSUR,
INDICHTEO. NOTlMTHSTAN�ING ANY REQOIREMENT
CERTIFlCATE MAY BE ISSUE� OR MAY PERiAW. TH
COMME0.CIAL 4ENEML LIP6RRY
] CIAIMS-NqOE � OLCUR
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POLICY � jEC6T � LOL .
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p Irmfallation Floater
�ESCAIpTION Oi OPERPTION'.
:iry ot osnkorn, ana i� �
fGGrv I55Um lo IHE INSpRE� NAME�ABOVE FOR THE POLICV PERIO�
ANV CONTRACT OR OTHER �OCUMENT WITH RESPECT TO Wr11CH THIS
V THE POLIGES �ESCRIBED HEREINISSIIBJECTTOALLTMETERMS,
REOIICE� BY PAI� CLAIMS.
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04N1I201$ � O<I01I4016 � BOOIa
06I01/2o15
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, agenp, employees antl autM1arizeG volunteers an IisteE as atltlitional insuretl as requiretl by wriHen
ietl for Ihe ttrtificate M1oltler by or on OeM1alf of tM1e nametl insuretl per IM1e blanka[atltlitional irmuretl
Group.
SHOOLO ANY OF THE ABOVE OESCRIBE� POLICIES BE CRNCELLEp BEFORE
Ci[yOfO3hk�Sh.A[41:CRyCIeIk THE E%PlRqiION U�IE THEREOF, NOTICE WILL BE DELIVEREO IN
216 CM1Urch Ave A���RDANLE WITH THE POLICY PROVISIONS.
PO Box 1130
Oshkosh,W156903-1130 nurnouzEOxESaesexram(�Ep��n
I v �iW lf�^^ �/�"
� 1988-2014 ACORD CORPORATION. All rights reservetl.
ACORO ]5 (2016/01) The ACORD name antl logo are regisleretl marks of ACORD
CG 71 85 10 11
LAND IMPROVEMENT CONTRACTORS ASSOCIATION (LICA) -
ULTRA LIABILITY PLUS ENDORSEMENT
COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES
This is a summary af the various atltlitional coverages and coverage motlifications provided by this
endorsement. No coverage is provided by this summary.
' Coverage for noo-owned watercraft is e�tended to 51 feet in length
' Voluntary Propetly Damage Coverage
$10,000 Ocarrence with a $20,000 Aggregate
' Care, Custody and Control Property Damage Coverage
$10,000 Occurrence with a$20,000 Aggregate -$500 Detluctible
' Water Damage Legal Liabiliry - 525,000
' For newty fortned or acquired organizalions - ex�end the repotling requirement to 180 days
' Automatic Additional Insured - Owners, Lessees or Conirectors - Automatic Status Wnen Required in Construction
Agreement Wth You
' Automa�ic Adtlitional Insured - Vendors
' Automatic Adtlitional Insured - Lessor of Leased Equipment Automatic StaWS VJnen Required in Lease Agreement
Wth You
' Automatic Additional Insured - Managers or Lessor of Premises
' Additional Insured - Engineers, Architecis or Surveyors Not Engagetl by the Named Insured
' Additional Insured - Employee Injury to Another Employee
• Primary Additional Insured
' Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage
' Automatically inclutled - A99regate Limits of insurance (per location)
' Automatically induded - Aggregate Limits of Insurance (per projecQ
' Knowledge of ocwrrence - Knowletlge of an "ocwrrence°, "claim or suif' by your agent, servant or employee shall
not in i�self constitu�e knowledge of Ihe named insured unless an offcer of Ihe named insured has received such
notice from ihe agent, servant or employee
" Unintentional failure to disclose all hazards. If you unintentionaly fail to disclose any hazards existing at the inception
date of your policy, we will not deny coverage untler this Coverage Form because of such faiWre. However, this
provision does not aHect our right to collect additional premium or exercise our right of cancellation or noo-renewal.
' Liberelization Condition
' Mobile equipment to include snow removal, roatl maintenance antl street cleaninq equipment less than 7,000 Ibs
GVW
' elankel Waiver of Subro9ation
' Pmperty Damage - Borrowetl Equipment
' Property Damage Liability - Elevalors
` Bodily Injury Redefned
' Eztended Property Damage
' Damage to Metlia Legal Liability - 550,000
REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 15 FOR CHANGES AFFECTING
YOURINSURANCE PROTECTION
CG 71 85 10 it Includes coDYrigh�ed material of Insurance Services Office, Ina, with i�s permission. Page 7 of 17
CG 71 85 70 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Land Improvement Contrectors Association (LICA) - ULTRA LIABILITY PLUS ENDORSEMENT
This endorsement modifes insurance pmvided under ihe following:
COMMERCIAL GENERAL LIABILIN COVERAGE PART
SECTION I-COVERAGES
COVERAGE A BODILY INJURY AND PROPERTV DAMAGE LIABILITY
The Following changes are matle to 2. Exclusions:
Eztendetl Property Damage
ExcWsion 2.a., Expected or Intendetl Injury is replacetl with the foliowing:
a. "BOdily injury" or "pmperty tlamage" expected or intended from ihe standpoint of the insured. This exclusion does
not apply to "bodily injury' or "property damage" resulting from the use of reasona6le force �o pmtect persons or
propehy.
Extentletl Watercrek Coverage
Fxclusion g.(2) is deleted antl replaced by the following'
g.(2) A watercraft you do no� own lhat is:
(a) Less ihan 51 feet long;
(b) Not being usetl to carry persons or propetly for a charge;
Property Damage Liability -Borrowed Equipment
The following is atltletl to Exdusion j.:
Paragraph (4) of �his exclusion does not appty to "property damage" to borrowed equipment while at a jobsi�e and
while nol being used to pertorm operations. The most we will pay for 'properry damage° to any one borrowed
equipment item under this coverage is $25,000 per occurrence. The insurance affortled under this pmvision is
excess over any valid antl collectible property insurance (including deductible) available to ihe insuretl, whether
primary, excess, contingent or on any other basis.
Property Damage Liabiliy - Eleva[ors
The following is added to ExcWSion j.:
Under paragraph 2. Exclusions of Coverage A. "Bodily Injury" and "Property Damage° Liability Paragraphs 3, 4& 6
of �his excWSion do not appty to "property damage" resWling from the use of elevabrs. However, any insurence
provided for such "property damage" is excess over any valid antl collectible properry insurance (including
deduc(ible) available to the insuretl, whether primary, excess, contingent or on any other basis.
CG 71 BS 70 N InGUdes wpyrighted material of Insurance Services Offce, Inc., with its permission. Page 2 of 73
CG 77 85 7017
The last paragrsph of Item 2. Ezclusions is deleted and replaced by the following:
Exclusions c. through n. do not apply lo damage by fre, explosion, lightning, smoke resulting Gom such fre,
explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupietl by you with
permission of this owner. A separate limit of insurance applies to this coverage as described in Section III - Limils of
Insurance.
THE FOLLOWING COVERAGES ARE A�DED:
Voluntary PropeRy Damage Cove2ge
The insurance provided under Coverage A(Section p is amended to include "property damage" to property of others
caused by lhe insured:
a. Wnile in your possession; or
b. Arising out of "your work". �
Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay.
For �he purposes of �his Volunlary PropeRy Damage Coverage only:
1. Exclusion j. Damage to Property under Coverage A(Section I) is deleted and replaced by the following:
j. Damage to Property
"Property damage" �o:
(7) Properfy held by the insured for servicing, repair, storage or sale at premises you owq rent, lease, operate or
use;
(2) Property irensported by or damage caused by any "automobile", "wateroraft" or'aircrafl' you own, hire or
lease;
(3) Pmpedy you own, rent, lease, borrow or use.
Care, Custody and Control Property Damage Coverage
For the purpose of this Care, Custody and Conirol Pmperty Damage Coverage only:
t. Item (4) of ExcWSion j. of Coverage n(Section p does not apply.
COVERAGE M. DAMAGE TO MEDIA LEGAL LIA6ILITY
1. Insurin9 Agreement
a. We will pay those sums ihal the insured becomes legally o6ligated lo pay as damages because of damage to
"electronic dala" to which this insurance applies. We will have the right and duty lo tlefentl lhe insured agains�
any "suiC seeking ihose damages. However, we will have no dury to defend the insured against any "suit"
seeking damages for "electronic data" to which ihis insurance does not apply. We may, at our disuetian,
investigate any "ocwrrence" and settle any Gaim or "suit" that may result. BuF.
CG 77 85 70 11 Indudes copynghted material of Insurence Services Offce, Inc., with its permission. Page 1 of 13
CG 71 85 10 17
(7) The amoun� we will pay for damages is limi�ed to 550,000.
(2) Our right antl duty (o tlefentl ends when we have used up the applicahle limi� o( insurdnce in Ihe payment of
judgments or settlements untler ihis coverege or any other appliwble coverage or medical expenses under
Covera9e C.
No other obligation or liability to pay sums or pertorm ads or services is covered unless explicitly provitled for
under Supplemen�ary Paymen�s.
b. This insurance applies to damages to "eledronic data° onty iE
(1) The damage to "electronic data" is caused by an "occurrence" that takes place in the "coverage territory';
(2) The damage to "eledronic data' occurs during the policy period; and
(3) Prior �o the policy period, no insuretl listed under Paragreph 1. of Section II - VJho Is An Insured and no
"employee" authorized by you to give or receive notice of an "ocwrrence" or daim, knew that the damage to
"electronic data" had occurred, in whole or in patl. If such a lis�ed insured or au�horized "employee' knew,
prior to the policy penod, that the damage to "electronic data" ocwrred, then any conlinuation, change or
resump�ion of such damage �o "elecironic tlata" during or after the policy period will deemed to have been
known prior to ihe policy period.
c. Damage to "eleclronic data" which ocwrs during the policy period and was not, prior to the policy period, known
to have ocwrred by any insured listed untler Paragraph 1. of Section II - Wno Is An Insured or any "employee'
authorized by you to give or receive notice of an "occurrence" or claim, includes any wntinuation, change or
resumption o! ihat tlamage to "elecironic data" afier the end of the policy period.
d. Damage to "elechonic data" will be deemed to have been known to have occurretl at the eatliest time when any
insured listed under Paragreph 7 of Section II - Who is An Insured or any "employee° authorized by you to give
or receive notice o( an bcwrrence' or claim:
(1) Reports all, or any patl, of the damage to "electmnic data° to us or any other insurer,
(2) Receives a written or verbal demand or claim for damages because of the tlamage to "electmnic data"; or
(3) Becomes aware by any other means (hat damage to "eleqronic data° has occurred or has 6egun to occur.
Exclusions
This insurance does not apply to:
a. Ezpectetl Or Intended Injury
Damage to "eleqmnic data" expectetl orintendetl fmm [he stantlpoint ofthe insuretl.
b. Contractual Liability
Damage to "electmnic data' for which the insured is o6ligatetl to pay damages by reason of ihe assumption of
liability in a contract or agreement. This exclusion does not apply �o liabiliry for damages ihat the insuretl woultl
have in Ihe absence of ihe contrect or agreement.
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CG 77 85'10 77
c. Pollution
Dama9e lo "electronic data" arising out of the acWal, allegetl or lhreatened discharge, dispersal, seepage,
migration, release or escape of"pollulan�s".
tl. Aircraft, Auto, Watercrak or Mobile Equipment
Damage �o "electronic data" arising ou� of:
(7) The transportation of "mobile equipmenC' by an "auto" owned or operated by or rentetl or loaned �o any
insured; ar �
(2) The use of "mohiie equipmenC in, or while in practice for, or while being prepared for, any prearranged
racing, speed, demolition or stunting activity.
e. War
Damage to "electmnic data" however caused, arising directly or intlirectly, out oh.
(1) War, inclutling undeclared orcivil war;
(2) Warlike action by a military force, including action in hintlering or defending against an actual or expeded
attack, by any govemment, sovereign or other authority using military personnel or olher agents; or
(3) Insurrectioq rebellion, revoWtion, usurped power or aclion taken by governmental authority in hindering or
defending against any of these.
�f. Damage To PropeM1y
Damage to "elecironic data" that is:
(7) Propetly you awn, rent or occupy, including any wsts or expenses incurred by you, or any other person,
organization or entity, for repair, replacemeM, enhancement, restoration or maintenance of such pmperty for
any reason, including prevention of injury to a person or damage to another's property;
(2) PropeRy loanetl to you;
(3) Personal pmpetly in lhe care, astody or control of �he insured;
(4) That particular part of real property on which you or any conirectors or subcontractors working directly or
indiredly on your behalf are pertorming operations, if the "propehy tlamage" arises out of �hose operations;
or
(5) That particular patl of any pmpetly that must be restored, repaired or replaced because "your work" was
incorrectly pertormed on it.
g. Damage To Your Product
Damage to "elecironic data' in "your produd" or arising out of it or any patl of it.
h. Damage To Your Wark
Damage to "electronic data" in "your work" arising out of it or any part of it and included in the "producls-
completed operations hazard".
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CG 71 85 10 71
i. Oamage To Impairetl Property Or PropeRy Not Physically Injured
Damage �o "electronic dala" in "impaired property' or property that has not been physically injured, ansing ou� of:
(p A defect, defciency, inadequacy or dangerous wndition in your pmduct" or "your work"; or
(T) A delay or faiNre by you or anyone acting on your behalf to perform a coniract or agreement in accordance
with its terms.
j. Recall Of Protlucfs, Work Or Impaired PropeRy
Damages claimed for any loss, cost or expense inwrtetl by you or others for ihe bss of use, withdrawal, rewll,
inspedion, repair, replacement, adjustmenl, removal or tlispasal of:
(7) "YOUr protlucP;
(2) "YOUr work'; or
(3) "Impaired property";
if such pmduQ, work or pmpetly is withdrawn or rewlled fmm the market or fmm use by any person or
organizalion because of a known or suspected defect, defciency, inadequacy or dangerous condition in it.
k. Personal And Ativertising Injury
Damage to "electronic data" arising out of "personal antl ativertising injury".
COVERAGE W- WATER DAMAGE LEGAL LIABILITY
The Insurance provided under Coverage W(Section q applies to "property damage" arising out of water tlamage to
premises that are both renled to and occupied by you.
The Limit under ihis coverage shall not be in atltlition to the Damage To Premises Rented To You Limit.
SECTION II - BROAD FORM NAMED INSURED
1. Section II — V✓no Is An Insured is amended lo include as an insured any legally incorporaled enlity of which you own
more Ihan 50 percent of Ihe vo�ing slock during the policy period.
2. For the purpose of Ihe coverege provided by Nis pmvision only, lhe following is atlded lo Condition 4.b. Excess
Insurance, under Sec�ion IV - Commercial General Liability Condi�ions: This insurance is ezcess over any of �he
other insurance, whelher primary, excess, contingent or on any other basis, lha� is avaitable lo an insured solely by
reason of ownership by you of more than 50 percen� of the w�ing s�ock.
3. This provision does nol apply to a policy written to apply specifcally in excess offhis policy.
CG N 85 70 N Inclutles copyrighted material of Insurance Services Offce, Inc., wifh its permission. Page 6 of 13
�G 71 85 10 11
✓
e i80th daY anet Y�� acQ�ire or fotm the or9anizalion or
replaced bY We followin9�
.�s yNatded only �ntd ih
deleted and Consl��ct�on or
Item b.a. is this P�ovision �s eadier. uired �n .
Covere9e uneetolicY Period, whiche S�tus When Re4
ve
a. the end of th P . putomatic
added: actots have a9�eed '^ w
ConU oar Palca9 Su
The followin9 are e�, Lessees or oP When Y°al '�nsu�ed �°be irt�Pu
eratwnan addiUon Which K'aY
I�sUrent `F� th You Q ate P¢rform�be added i syou� liabiliry erson or or9a^`z
to tha
ationtha
5. Serv,ice A9�eem resPect fo� thai P o r oPereiions fo�
We�sonyor or9anony With edormed when Y
or9aniza6on ior .1 s��ed oin9 oPe�alions P ends
P�y person o� ent that s°addiUOnal p�r on9 th�s endorsement 11es:
a. �pntrac� or a9�eem .,s an out ot Y �nder
o�9anizauon di�ectlY a^sin9 a� insured excWSion aP
pyrson o� an�zaUOn staws as fo��oW'^9 addiTrona�
person o� �°�go�9ynizaUO�s
persons wmPleted. tpese addilional Insureds, the ot the renderin9
of, or
insured are aHorded ., yrisin9 out
�esPect to the insu�ance inNry includin9�
� ta ydvedisin9 y�n9 seNiceS, 5(eP°�s, suNeYs,
-. b y�JM1h not aPP Y or surv Y
� does ., y�sonal and ineerin9 0�mion ,
This insuran� , o� P ural, en9 z shoP drawin95� P
InN� , ,.P�oPe� do essional architec�
�o Prepare or apP�ove, maP
^godilY to render, any P
the failure o�failin9 5 and sPac'ficatwns: an
rePa�in9� aPP�ovin9, or d�awin9 �vitles.
�1j The orders, chan9e o�ders '�neerin9 a� o( „p�oPe�Y
fie�d arohite��ra� or en9
�i�specl�on,
�espec� 10 "bod��Y '�IO� tne vendors
(Z) SuPervisory, onry wilh 1he �e9°lar cou�se °
���� Vendors eloW as vendorl, but sold In
��su�ed �efer�ed t� b wh��p are d�stribuled o�
6. Additional rodu�s',
A�y�pe�son�(51 9�9o�1ZOfoYo�� P ydditional exdus�ons' a g
ated to Pay dama9es bY raama ys th
at
e� ta the followin9 � to:
or
dama9e s�bl does not aPP Y obli9 �ot aPP�Y �o liahiliry
bus�ness, vendo� �enda� �s does
affo�ded 1he . for which �.�his ezclusionenf,
'ihe msuran�k e�, dama9e a reemenl o� yg�eem
a. o� °proP or 9 �.pnVact .
con«a°t o� ihe
��) •'Bodiry ;IOO of liabiliry � In the absen t„e vendorl o� tt
ce
assumP N,o��d have o�;
the �endo� tesSm9on a.�e�
rod��� made In�en��ona11Y Y
Warranry unautho���ed by y demons��at�ono(t9,na�
(Z� AnY exP�ess y in 1he P o{ 'msDecUOn, in Ihe
chan9 ��pose then�ePa�ka9ed ake
hYsical o� chemical for the P
�g) PnY P �nPacked soleryom the man�facwrer. and
� tesls or servic�n9 as �hwdh therdstrb Uon o� sale of
In9, �nless
tb) �y¢packa9 a�s unde� �^st�u���^ �stments, connecUO� at �he �e�
substiW6on of P ake such InsPe�jp°s, adl �rse of husiness, e�p�ed
m
ake 1n �he usua� �° e�ations P
(5) AnY iapure �� m eacePt such oP
normally undedakes to �' a�r oPerations.
ic�n9 or �ep Pa9e
produ�s; of the Product, �ssion.
1ns1a0atl�ilh the sale wiih 1is Pe�m
l6� Demonslration. .t�s Of`�ice, Ma,
p�em�ses in canne��on
CG 71 85 10 11
IncWdes �APY°ghted mate�ia� of 1nsu�an°e SeN
�
CG 71 85 70 11
p) Protlucis which, after disiribution or sale by yoq have been la6eled or relabeled or used as a container, part
oringredient ofany other ihing or substance by orforthe vendor.
b. This insurence does not apply to any insured person or organization, from whom you have acquiretl such
products, or any ingredient, paR of container, entering into, accompanying or containing such protlucis.
7. Additional Insuretl - Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement
With You
a. Any person or organization from whom you lease equipment when you and such person or arganization have
agreetl in writing in a contrect or agreement ihat such person or organization 6e adtled as an additional insured
on your policy. Such person or organization is an insured, but only with respect �o yourliability arising out of the
maintenance, operetion or use of such leased equipment, which may be imputed to that person or organization
as lhe lessor of equipment. A person's or organization's stalus as an insured under ihis endorsement ends when
iheir contract or agreement wdh you for such leased equipment ends.
b. Wih respect to ihe insurence aHOrded fhese additional insureds, the following additional excWSion apply:
(1� To any "occurrence" which takes place;
(2) To "bodily injury" or "property tlamage" arising out of the sole negligence of such person or organization.
8. Additional Insured - Managers or Lessors of Premises
Any person or organization, but only with respect to the liability ansing out of the ownership, maintenance or use of
that part o( the premises leased to you and subjec[ to the following atltlitional exclusions�
This insurance does not apply to any:
a. Any "occurtence" which takes place afler you cease to be a tenant in that premises.
b. StmcWral alterations, new constmc[ion or demolition operations pedormed by or on 6ehalf of any person or
organiza�ion.
9. Atltlitional Insured - Engineers, Architects or Surveyars Not Engaged by the Named Insured
Coverege is providetl onty when the insured is conirectualy required to add the engineer, amhitect or surveyor.
Coverage is provitled wRh respect to your liability for "bodily injury" or "pmperty damage° or "personal and advetlising
injur�' directly arising ou� o[
a. Your acis oromissions; or
b. Your acis or omissions of �hose acting on your behal(;
In the peAortnance of your ongoing operations for that adtlitional insured(s).
10. Atltlitional Insured - Employee Injury to Another Employee
With respect to your "employees" who occupy positions which are supervisory in nature:
Paragreph 2.a.(�) of ihis sedion is amended to reatl'
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CG 77 65 10 11
(7) "Bodily injury" or "personal and ativertising injury"
a. To yoq to your partners or members (if you are a patlnership or joint venture), or lo your members (if
you are a limited liability company);
b. For which there is any obligation to share damages with or repay someone else who must pay damages
because of the injury described in paragraph (1�(a) ahove; or
c. Arising out of his or her providing or failing to provide professional health care services. Paregreph 3.a.
is deleted.
For the purpose of this Item 70 only, a position is tleemetl to be supervisory in nature if thal person peROrms
principal work which is substantially diHerent from that of his or her subortlina�es antl has au�hori�y to hire, tlirec�,
discipline or discharge.
11. Primary Additional Insured
A. Commercial �eneral Liability Conditions (Seclion IV), paragreph 4. (Other Insurance) is deleted and replaced by
the following'
4. Other Insurance
If valid and collectible "other insurance" is avallable lo the insured for a loss we cover under Coverages A or
B of this Coverege Part, our obliga�ions are limi{ed as follows:
a. Primary Insurance
This insurance is primary ezcept when b. below applies. If this insurance is primary, our obligations are
not affected unless any of the bther insurance' is also pnmary. Then, we will share with all that "other
insurance" by the method described in c. below.
b. Eecess Insurance
This insurance is excess over any of the "other insurance", whether primary, excess, contingent or on
any other basis � -
(1� That is Fire, EMended Coverage, Builtlefs Risk, Installation Risk, or similar coverage for "your work°;
(2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of
the owner,
(3 Tha� is insurence purchased by you to cover your liabili�y as a tenant for "property damage' �o
premises rented to you or temporarily occupietl by you with permission of Ihe owner; or
(4) I( the loss arises out of the maintenance or use of airoraft, "autos', or watercrafl to the eatent nol
suhjeq to Fxdusion g. of Seclion 1- Coverege A- Bodily Injury and Propetly Oamage Liabiliry; or
(5) That is avai�ahle to the insured when the insured is an additional insured under any olher policy,
including any umbrella or ezcess policy.
(6) That is provided to any person or organization who qualifes as an additional insuretl herein, except
when you antl that person or organization have agreed in writing thal this insurance shall be pnmary.
CG 77 85 10 11 Includes copyrightetl material of Insurance Services Office, Inc., with its permission. Page 9 of 13
CG 71 85 10 11
Vvhen lhis insurance is ezcess, we will have no duty under Coverages A or B to tlefend the insured
against any "suiY if any provider of blher insurance' has a tluty �o defend lhe insured agains� �ha� "suit".
If no provider of blher insurance" defends, we will undertake �o do so, but we will be entitletl �o the
insured's rights agains� all �hose providers of "other insurence".
When this insurance is excess over blher insurance', we will pay only our share of lhe amount of the
loss, if any, that exceeds the sum of:
(7� The total amount that all such bther insurance' would pay for ihe loss in ihe absence of this
insurance; and
(2) The total of ail deductible and self-insured amounts under that'bther insurance".
We will share the remaining loss, if any, with any "other insurence" that is not described in this Excess
Insurance provision.
a Method of Sharin9
If all of the bther insurance" permi[s contribution by equal shares, we will follow this me�hod also. Untler Ihis
approach each provider of insurance contributes equal amounts until it has Daid its applicable limit of
insurance or none of lhe loss remains, whichever comes frs�.
If any of the "other insurance" does not permit contribulion by equal shares, we will contribute by limits.
Under ihis method, �he share of each provider of insurance is hased on the ratio of its applicable limit of
insurance to the tolal applicable limits of insurance of all providers of insurance.
8. Por ihe purposes of ihis insurance coverage pmvided by this Item 17 only, the following defnition is added to
DEFINITIONS (Section V):
"Other Insurance":
a. Means insurance, or the funding of losses, lhat is provided by, through or on behalf of:
(1) Anotherinsurance company;
(2) Us or any of our affliatetl insurance companies, except when lhe Non-cumulation of Each Occurrence
Limit section of Paragraph 5 LIMITS OF INSURANCE (Section 111) or ihe Non-cumulation of Personal
and Advertising Injury limits sections of Paregreph 4 of LIMITS OF INSURANCE (SeQion III) applies;
(3) Any risk relention group;
(6) Any sel6insurance melhod or program, other ihan any funded by you and over which the Coverage PaR
applies; or
(5) Any similar risk lransfer or risk management method.
h. Does no� indude umbrella insurence, or excess insurance, lhal you bought specifcally to apply in excess of
the Limits of Insurance shown on �he Declarations of �his Coverage Part.
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GG71857071
SECTION III - LIMITS OF INSURANCE
Items 2, 3, and 6 are delefed and replaced by the following:
2. The General Aggre9ale Limit is Ihe most we will pay for the sum of'
a. Medical expenses under Covera9e C; , o� „P�oPem, damage" included in the
b. Damages under Coverage A, excepl damages because of "bodily inlury'
"products-completed operations hazar8't
c. Damages under Coverage B: and
d. Damages under Coverage W.
g. The Products-Comp�eted Operalions Aggregate Limit is the mosl we will pay under Covera9e A for damages
6ecause of "botlily injury' and "property tlamage" induded in the 'products-completed operations hazard" antl
Coverage R.
while rented lo you, or in lhe case of damage by fre,
6. Subject l0 5. above, lhe Damage to Premises Rented to You Limit is the most we will pay under Coverage or
damages because of "Droperty dama9e" to any one premises,
explosion, lightning, smoke resulling from such Lre, eaplosion, or li9htning or sprinkler leaka9e while rented to you or
temporerily occupied by you with permission of lhe owner.
The followin9 are added:
8. Subject to 5. above, $z5,000 is the most we will pay for Under Covera9e W for Water Damage Le9al Liability.
y_ pggregate Limits of Insurance (Per Location)
The General Ag9regale Limit applies separaSely to each of your "lowtions" owned by or rented lo you or temporarily
occupied by yau with the permission of the owner.
"Localion" means premises involving lhe same or connecling bts, or premises whose connection is interrupled onty
by a street, roadway, waterv+ay or righbof-way of a railroad.
10. A99re9ate Limits of Insurance (Per Project)
The General A9gregale Limit applies separalely lo each of your projects away from p�emises owned by or rented to
you. under
Damage Coverage.
11. Subjecl to 5. above, a 510,000 "occurrence" limil and a$20,000 "ag9regate" limit is ihe most we wi pay
Covera9e A for tlamages because oF "property dama9e" covered under Voluntary Pmperty
�Z Custody`and Co�tml Coverage regardles�oflthet numbe $00 000 "ag9re9ate" limit is the most we will pay under Care,
a. Insureds;
b. qaims made or "suits" broughl; or
�. Persons or or9anizations making claims or bringing "suits"� lies oN to lhe amount of dama9es in excess of
Deduc[ible - Our obli9ation to pay damages on yaur behalf app Y
$500.
regartllesscolbtheanumbertof pe sons or organ ial o sf whro sustain da ages because oIf lhat�'occur ¢��ycurrence
We may pay any paM1 or all of oueshalau robmplly re'mburse ua for such part of the ded clible amount as has
noli9wtion of lhe aclion taken, y P
been paitl by us.
As respects this wvera9e "Aggre9ate' is lhe maximum amount we will pay for all wvered "occurrences" dunng
one policy period.
CG 71 85 10 11 Includes copyrighted material of Insurance Services Offce, Inc., with ils permission. Page 71 of 17
cc» as io ��
SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS
Contlition 2., Items a. and b. are deleted and replacetl by the following:
2. Duties In Tha Event Of Occurrence, Offense, Claim Or Suit
a. You must see to it that we are notifed as soon as precticable of an'bcarrence" or an oftense which may result
in a claim. Knowledge of an "ocwrrence" by your agent, servant or employee shall not in itself constiWte
knowledge of ihe named insured unless an oKCer of the named insured has received such notice from ihe agent,
servant or employee. To ihe e�ent possible, notice should include�
(7� How, when and where the'bccurrence" took place;
(2) The names and addresses of any injuretl persons an0 witnesses, and
(3) The nature and location of any injury or damage arising out of the 'bccurrence" or oftense.
b. If a claim is made or "suif' is brough� agains� any insured, you musf
(1) Immedialely record ihe specifcs of the claim or "suiY' antl ihe date received; and
(2) Notify us as soon as practicable.
You must see to it Ihat we receive written notice of the claim or "suif' as soon as practicable. Knowledge o( a
claim or "suif' by your agent, servant or employee shall not in itself constitute knowledge of the nametl insuretl
unless an oKcer of [he named insured has received such notice fmm the agent, servant or employee.
Contlition 2.a(5) is added:
(5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your acNal
cost, excluding proft or overhead.
Contlitions 10., 71. and 72, are addetl:
10. Blanket Waiver Of Su6rogation
We waive any right of recovery we may have against any person or organization because of payments we make for
injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operetions
performed by you or on your behalt, done under a contrac[ wi(h that person or organization, "your work", or your
pmducts". We waive ihis right where you have agreetl to do so as part of a written contract, executed by yau before
the "bodily injury" or "property damage" occurs or the 'personal injury" or "advetlising injury" offense is committed.
it. I( a revision to this Coverege Patl, which woultl provide more coverage with no adtlitional premium becomes
eRective during the policy period in lhe s�ate designa�ed for lhe frst Named Insured shown in the Declarations, your
policy will automatically provide �his addi�ional coverage on ihe eHective da�e o( lhe revision.
�2. Basetl on our reliance on your representations as to existing hazards, if you unintentionally shoultl (ail �o disGOSe all
such hazards at ihe inception date of your policy, we will not tleny coverage under Ihis Coverege Part because of
such failure. However, this provision does no� affect our right to collect additional premium or exercise our right of
wncellation or non-renewal.
CG N 85 10 H Inciudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 73
CG 77 651011
SECTION V-DEFINITIONS
The following is atldetl to Item 12. Mo6ile Equipment
e. Vehicles with equipment for snow removal, mad maintenance and street cieaning less than 1,000 @s. GVW.
The following tlefinitions are added for this endorsement only:
3. eotlily Injury Redefinetl.
Under V-0efnitions, defnition 3.is deleted and replaced with the following'
3. "bodily injury" means physical injury, sickness or disease sustained by a person. This indudes mental anguish,
mental injury, shock, (right or death that resulis from such physical injury, sickness or disease.
23. "Electronic dafa" means informatioq fac�s or programs stored as or on, created or used on, or Uansmittetl to or
hom computer sofiware, including systems and applications sofiware, hard or floppy disks, C0.ROM5, tape dnves,
celis, tlata processing devices or any other metlia which are used with electronicalty conirolled equipmen(.
CG 71 85 10 71 Includes copyrighted malerial of Insurance Services Offce, Inc., with its permission. Page 17 of 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LAND IMPROVEMENT CONTRACTORS ASSOCIATION (LICA)
BUSINESS AUTO 11LTRA ENDORSEMENT
This endorsement modifies insurance provitle0 untler ihe following:
BUSINESS AUTO COVERAGE FORM
COVERAGEINDEX
�escription
TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE
DRIVE OTHER CAR COVERAGE
BROAD FORM INSURED
EMLOYEESASINSUREDS
ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT
AMENDE� FELLOW EMPLOYEE EXCLUSION
TOWING AND LABOR
PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
EXTRA EXPENSE-THEFT
RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE
PERSONALEFFECTSCOVERAGE
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
AIRBAG ACqDENTAL DISCHARGE
AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT
GLASS REPAIR — DEDUCTIBLE AMENDMENT
AMENDED DUTIES IN THE EVENT OF ACCI�ENT, CLAIM, SUIT OR LOSS
WAIVER OF SUBROGATION REQUIRED BY CONTRACT
UNINTENTIONAL FAILURE TO DISCLOSE
HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE
EXTENDED CANCELLATION CONDITION
EXTENDED MEDICAL PAYMENT COVERAGE, UNINSURED AND UNDERINSURED
MOTORISTS COVERAGE
EXTENDED PHYSICAL DAMAGE COVERAGE
LIBERALIZATION
The COVERAGE INDEX set totlh above is infortnational only and grants no coverage.
CA71411011
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Tertns set forth in (Bo/d /talics) are likewise for information only and by themselves shall be deemed to grant no
coverage.
A. TEMPORARY SUBSTITUTE AUTO PHYSICAL
DAMAGE
SECTION I— COVERED AUTOS, paregreph C. Certain
Trailers, Mobile Equipmen[ and Temporary
Subs[itute Autos is amended by adding the followin9 at
ihe end of ihe existing language:
If Physical Damage Coverage is provided under ihis
Coverage fortn for an "auto" you own, ihe Physical
Damage coverages provided for ihat owned "auto" are
ezlentled to any "auto" you do not own while used with
ihe permission of its owner as a temporary substitute for
the covered "auto' you own that is out of service
because of its breakdowq repair, servicin9, "loss", or
desimction.
B. DRIVE OTHER CAR COVERAGE
The following language is added to SECTION I—
COVERED AUTOS- as paragraph D. Drive Other Car
Coverage,
If Liability Coverage is provided by ihis Coverage Form,
any "auto" you don't own, hire or borrow is a covered
"auto" tor Liability Coverage while being used 6y:
CA 71 41 10 it Inclutles Copyrighred material of Insurance Services Office, Inc. with its permission. Page 1 of 6
1. You, if you are designatetl in the Declarations as
an Intividual;
2. Your pariners or memhers, if you are designated
in the Declarations as a partnership or joint
venture;
3. Your mem6ers or managers, if you are
designated in the Declaretions as a iimited
liability company;
4. Your `execulive offcers", if you are designated
in Ihe Declarations as an organization otherthan
an indivitlual partnership,joint venture orlimited
IiabilAy company; and
5. The spouse of any person nametl in B.1 thmugh
B. 4. while a resident of ihe same householtl.
except:
a. Any "auto" owned by that intlividual or 6y
any member of his or her household.
b. Any "auro" used by that individual or his or
her spouse while working in a business of
selling, seniicing, repairing or parking 'autos".
"Eeecutive officer" means a person holding any of
Ihe officer positions created by your charter,
constilution, by-laws or any othe� similar goveming
document.
C. BROA�ENED LIABILITY COVERAGES
SECTION II — LIABILITY COVERAGE in Parag�aph A.
Coverage at 1. Who Is An Insuretl is amended to
include ihe following:
(Bioad Form Insured)
tl. Any legally inwrporated suhsitliary in which you own
more ihan 50% of ihe voting stock on the effective
tlate o/ Ihe Coverage Form. However, ihe Named
Insuretl tloes not inclutle any subsidiary ihat is an
"insured' under any other automobile poiicy or would
be an "insured" under such a policy but for its
tertnination or the exhaustion of its Limd of
Insurance.
e. Any organization that is acquired or fonned by you,
during ihe term of this policy antl over which you
maintain majority ownership. However, the Named
Insured tloes not include any newly formed or
acquiretl organization:
(1) Thatisajoiniventureorpartnership,
(2) 7hat is an "insured' under any other policy,
(3) That has exhausted its Limit of Insurance under
any other policy, or
CA 71 41 10 11
(4) 18� days or more aRer hs acquisition or
formation by you, unless yau have given us
notice of the acqulsition ortormation.
Coverage does not apply to'botlily injury" or "propeny
damage" ihat results From an accident ihat occurretl
before you fortned or acquired the organization.
(Employee as lnsuredsJ
f. Any employee ot yours while aciing in the course of
your business or your personai affairs while using a
covered "auto" you tlo not own, hire or borrow.
(Addifional Insored S[atus 6y Contrac[, Agreemenf
or Permit)
g. Any person or organization whom you are required
to add as an atltlitional insuretl on this policy under a
written conirad or agreement; but the written
coniraa or agreement must be:
(1 � Currenity in effed or becoming effective during
the term of ihis policy; antl
(2) ExecNed prior to the "botlily injury" or `property
damage".
The additionalinsured status will apply only with respect
to your liability tor 'bodiiy injury" or 'pmpedy damage"
which may be imputed to ihat person(s) or
organization(s) directly arising out of the ownership,
maintenance or use of ihe covered "autos" at ihe
location(s) designatetl, if any.
Coverage pmvidetl by this endorsement will not exceed
the limits of liabiliry required by ihe written conirad or
written agreemem even if the limits of liability stated in
the policy exceed ihose limits. This endorsement shall
no� increase ihe limils stated in Section II. C. Limi[s of
Insurance.
For any covered "auto" you own this Coverage Form
provides primary coverage.
D. AMENDED FELLOW EMPLOYEE EXCLUSION
Onry wilh respect to your "employees" who occupy
positions which are supervisory in nature, SECTION II.
LIABILITY B. Exclusion 5, Fellow Employee is
replaced by:
5. Fellaw Employee
"Bodily Injury":
(a) To you, or your partners or members (if you
are a partnership orjoint venture), orto your
members (if you are limited liability
company);
(b) To your "executive officers" antl direclors (if
you are an organization other ihan a
partnership, joint venture, or limitetl liability
company) but only with respect to
CA N 41 10 11 Includes Copyrighted material o! Insurance Services Offce, Inc. with its pertnission. Page 2 of 6
pertormance of iheir tluties as your officers
ar directors�,
(c) For which Ihere is an obligation to share
damages with or repay someone eise who
must pay damages because ot Ihe injury
describetl in paragraph a antl b above; or
(d) Arising out ot his or her provitling or failing to
provitle professional health care sen�ices.
For purposes of this endorsement, a position is tleemed
to be supervisory in nature i! that person pertorms
principle work which is subsfantially tlifferent from that ot
his or her subordinates and has authority to hire,
transfer, direc6 discipline or discharge.
E. BROADENED PHYSICAL DAMAGE COVERAGES
SECTION III — PHYSICAL DAMAGE COVERAGE
Coverage is amended as follows:
(TOWING AND LABORJ
2. Towing antl Labor
We will pay towing antl labor wsis incurretl, up to the
limds shown below, each time a coveretl "auto" dassified
and ratetl as a private passenger type, `ligh� tmck" or
°medium iruck" is disabled:
(a) For private passenqer type vehiUes or "lighl
irucks' we will pay up to 575 per
disablement. "Lighi tmcks" have a gross
vehicle weight (GVW) of 10p�0 pounds or
less.
(b) For "medium tmcks" we will pay up to $150
per disablement. "Medium trucks" have a
gross vehide weight (GVIM of 10,001 Ibs, fo
20,�00 pounds.
However, the labor must be pertormetl at the place of
tlisablement.
(PHYSICAL DAMAGE ADD/T/ONAL
7RANSPOR7ATION EXPENSE COVERAGEJ
d. Coverage Extensions
a. 7ransportation Expense is amended to provide
the following limits:
We will pay up to $50 per day to a maximum of $1,000.
All other terms antl provisions of this section remain
applicabie.
(EXTR4 EXPENSE-THEFTJ
The following language is added ta 4. Coverage
Extensions:
c. Theft Recovery Expense
If you have purchased Comprehensive
Coverage on an "auto" that is stolen, we will pay
CA71417011
the expense of retuming that stolen auto to you.
The limit for ihis coverage e�ension is $5,000.
(RENTAL RE/MBURSEMENT AND ADD/TIONAL
TRANSPORTATION EXPENSEJ
tl. Rental Reimbursement
We will provide Rental Reimbursement and
Atlditional Expense coverage only for ihose
Physical Damage coverages for which a
premium is shown in the Declarations or
schedule pages. Coverage applies onty to a
covered "auto" of the private passenger or IigM
truck (10,000 Ibs. or less gross vehiGe weighi)
type for which Physical Damage coverages
apply.
(1� We will pay for auto rental expense and �he
expense inwrred by you because of "loss"
to remove and iransier your materials and
equipment from a covered °auto" to a
coveretl'auto." Payment applies in addition
to ihe otherwise applicable coverage you
have on a covered auto." No tledudible
applies b ihis coverage.
(2) We will pay onry for expenses incurretl
tlunng ihe policy period and beginning 24
hours afler ihe �loss" and ending, regardless
of ihe poiicy's expiretion, with the lesser of
ihe following number of days:
(a) The number oi days reasonably
required fo repair or replace the coveretl
"aNO." If "loss" is caused by thefi, this
number of days is atlded to ihe number
of days it takes to locate the coveretl
"auto" and refurn it to you, or
(b) 30 tlays.
(3) Our payment is limited to ihe lesser of ihe
following amounts:
(a) Necessary and actual expenses
incurretl; or
(b) $35pertlay.
(c) This coverage does no� apply while
there are spare or reserve "autos"
available to you for your operetions.
(tl) If "loss" resWts fwm Ihe rotal thefi o! a
covered "auto" of the private passenger
or light truck type, we will pay untler this
coverage only that amount o( you� rental
reimbursement expense which is not
already provided for under ihe SECTION
111 — PHYSICAL �AMAGE COVERAGE,
A. Coverage, 4. Covera9e Extensions,
a. Transportation Expenses. .
CA 71 41 10 71 Inclutles Copyri9hted material oi Insurance Services Offce, Inc. with ns permission. Page 3 of 6
(PERSONAL EFFECTS COVERAGEJ
e. Personal ERects
If you have purchased Comprehensive
Coverage on this policy for an "auro" you own
and ihat "auto" is smlen, we will pay, without
application of a deduIXible, up to 5500 for
Personal Effects stolen with the "auro". The
insurance provided under this provision is
excess over any other wllectible insurance. For
this coverage e�Aension, Personal Effecis
means tangible propetly ihat is wom or carried
by an "insured". Personal Effeas does not
include tools, jewelry, guns, musical
instmmems, money, or sewrities.
(AUDIO, VISUAL AND DATA ELECTRONIC
EOUIPMENT COVERAGEJ
(Deletion ofAudio Visual Equipment Exclusion)
f. Audio, Visual and Data Electronic Equipment
Cove�age.
We will pay for "loss" to any electronic
equipment that receives or transmits audio,
visual or data signals and that is not designed
solety for ihe reproduction of sound. This
coverage applies only if the equipmem is
permanently installed in a covered "auto" at ihe
time of ihe "loss" or the equipment is removable
fmm a housing unit which is permanently
installed in a covered `auto" at the time ot ihe
"loss", and such equipment is designed to be
solely operated by use of the power from the
"auto's" electrical system, in or upon the coveretl
"auto'
(1) We will pay with respect to a covered °auto"
Por "bss" to any accessories used with the
electronic equipment described above.
However, ihis does not include tapes,
records or discs.
(2) In adtlition to Ihe exdusions ihat appty to
Physical Damage Coverage with exception
of ihe exclusion relating to autlio, visual antl
tlata electronic equipment, the following
exGusions also apply:
(3) We will not pay tor any electronic equipment
or acceswries use0 with such elecironic
equipment iha� are:
(a) Necessary for the nortnal operation of
ihe wvered'auto' forthe moniroring of
the coveretl "auto's" operating system;
or
(b) Both:
CAN4110it
An integral part ofihe same unit housing
any sound reproducing equipment
designetl solety for the reproducing of
sauntl if ihe saund reproducing
equipment is permanently installed in
ihe covered "auto"; and
Permanently installed in ihe opening of
the dash or console normally used by
ihe manufacturer for ihe installation of a
radio.
(4) With respect to this coverage, the most we
will pay for all "loss" o( autlio, visual or data
electronic equipment and any accessories
usetl with this equipment as a resWt of any
one "accitlenP is Ihe lesser of:
(a� The actual cash value of Ihe damaged
or stolen propeny as of the time of the
"loss";
(b) The cost of repairing or replacing ihe
tlamaged or stolen property wiN other
property of like kind and qualiry; or
$i,000,
minus a dedudible of 5100.
An adjusiment for tlep�eciation and physical
condition will be matle in determining aaual
cash value at the time of loss. If a repair or
replacement resuits in better ihan like kind
or quality, we will not pay for ihe amount of
ihe betterment.
If there is other coverage providetl for audio,
visual and data eledronic equipment, Ihe
coverage provided herein is excess over any
othercolledible insurance.
(AIRBAG ACCIDENTAL D/SCHARGEJ
F. SEC710N III — PHYSICAL DAMAGE COVERAGE,
B. Exclusions is amentled as follows:
The following language is added to Exclusion 3.:
If you have pumhasetl Comprehensive o� Collision
Coverage untler this policy, this exclusion tloes no� apply
to mechanical breakdown relating to ihe accidental
discharge of an air ba9. This coverage applies only to a
coveretl auro you own and is excess of any olher
collectible insurance or warranty. No detluciible applies
to ihis coverage.
G. AUTO LOAN/LEASE TOTAL LOSS PROTECTION
SECTION III — PHYSICAL �AMAGE COVERAGE — C.
Limit of Insurance is amended by atltling the following
langvage:
CA 71 41 10 11 Includes Copyrighted material of Insurance Services Office, Inc. with its permissioa Page 4 of 6
4. In the event o( a total "loss" to a covered "auto"
shown in the Schedule pages, subject at the time of
the "loss" to a loan or lease, we will pay any unpaid
amount due on ihe lease or loan for a coveretl "auto"
le5s:
a. The amount paid under the Physical Damage
Coverage Section of the policy; and
b. Any:
(t) Overdue lease / loan payments at the time
of the "loss";
(2) Financial penalties imposed under a lease
for excessive use, abnormal wear antl tear
or high mileage.
(3� Security deposits not retumed by ihe lessor;
(4) Cosis for e�1ended warranties, Credit Li(e
Insurance, HeaHh, Accident or Disability
Insurance purchasetl with the loan orlease;
and
(5� Carry-over balances fmm previous loans or
leases.
(GLA55 REPAIR — DEDUCTIBLE AMENDMENT)
Under D., Detluctible in SECTION III. PHYSICAL
DAMAGE COVERAGE is amended by adding the
fotlowing:
Any deducti6le shown in the Declarations as
applicable �o the covered "auto" will not apply to
glass breakage if the damagetl glass is repaired,
ratherihanreplaced.
H. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
Untler SECTION IV — BUSMESS AUTO CONDITIONS,
Subsection A., Loss Conditions, the following is
atldetl to paregreph 2. �uties In The Event of
Accitlent, Suit ar Loss:
tl. Knowledge of any "accident," "claim," "suiT' or
"loss" wili be deemed knowledge by you when
notice of such "accident," "claim," "suit" or "loss"
has been received by:
(1) You, if you are an individual,
(2) Any partner or insurance manager i( you are
a pahnership;
(5� An executive officeror insurance manager, if
you are a corporation;
CA714110it
(5) Your oRCials, tmstees, board members or
insurance manager, i(you are a not-for-proft
organization.
I. WAIVER OF SUBROGATION REQUIRED BY
CONTRACT
Under SECTION IV, BUSINESS AUTO CONDITIONS,
A. Loss CondRions 5. Transfer of Rights of
Recovery Against Others to Us ihe following
language is added:
However, we waive any rights of recovery we may have
agains[ the person or organization with whom you
have agreed in writing in a coniract, agreemem or
permit, to provide insurance such as is affordetl
under ihe policy to which ihis endorsement is
attached. This provision does not apply unless the
written coniract or written agreemeN has been
executed, or permit has been issued, prior to ihe
"botlily injury" or "propetly damage."
J. UNINTENTIONAL FAILURE TO DISCLOSE
Untler SECTION IV — BUSINESS AUTO CONDITIONS,
Subsection B. General Contlitions, ihe following is
added to 2. Concealment, Misrepresentation Or
Fraud:
Your unimentional error in disGosing, or failing to
disclose, any material fad existing at the effective
date of Ihis Coverage Form, or tluring ihe policy
periotl in connection with any additional hazards, will
not prejudice your righis untlerthis Coverage Form.
K. HIRED, LEASED, RENTED OR BORROWED
AUTO PHYSICAL �AMAGE
Under SECTION IV — BUSINESS AUTO CONDITIONS
B. General Contlitions 5. Other Insurance
Paragraph S.b. is replaced by ihe following:
b. (1) For "Comprehensive" and "C011ision" Auto
Physical Damage provided by Ihis endorsement,
the Pollowing are tleemed to be covered "autos"
you own:
(a.) Any Covered 'auto" you lease, hire, rent or
borrow; and
(b.)Any Covered "auto" hired or remed by your
"employee" untler a conirad in ihat
intlivitlual "employee's" name, with your
permission, while pertorming tluties related
to the conduct of your business.
However, any "auto" that is leased, hired, rentetl or
borrowed with a driver is not a coveretl "auto"
(4) Your members, managers or insurance (2) Limit of Insurance For This Sedion
mana9er, it you are a limired liability The most we will pay for any one "loss" is ihe
company; or lesser of the following:
CA 71 41 10 11 Includes Copyrighted material of Insurance Services O(fice, Inc. with ils pertnission. Page 5 of 6
(a) �50,000 per accident, or
(b) actual cash value at the time of loss, or
(c) cost of repair.
minus a$500 deductible. An adjustment for
depreciation and physical condition will be made
in detertnining actual cash value in ihe event of
a total loss. No deductible applies to "loss"
caused by fre or lightning.
(3) This Hired Auto Physical Damage coverage is
excess over any other collec[ible insurance.
(4) Definitions For This Section
(a) Comprehensive Coverage: from any cause
except the covered "auto's" collision with
another object or ihe coveretl "aNO's"
overturn. We will pay glass breakage, 9oss"
caused by hitting a bird or animal anQ "bss"
caused hy falling objec(s or missiles.
(b) Collision Coverage: caused by ihe covered
"auto's" coilision with another object or by
ihe covered "auto's" overtum.
L. EXTENDED CANCELLATION CONDITION
A. Under CANCELLATION, of the COMMON
POLICY CONOITIONS farm, item 2.b. is
replaced by ihe following:
a 60 tlays before the effective date oF
canceilafion if we cancel for any other
reason
M. EXTEN�ED AUTO ME�ICAL PAYMENTS AND
UNINSURED AND UNDERINSURED MOTORIST
COVERAGE
If Auto Medical Paymenis Coverage, Uninsuretl
Motorists Coverage or Underinsured Motorisis
Coverage is provided by endorsement to the
Coverage Form to which ihis endorsement
attaches, Ihe following qualify as an "insured" for
each mverage providetl:
1. You, if you are designated in ihe Declaretions as
an Individual;
2. Your partners or members, if you.are designated
in the Declaretions as a partnership or joiM
venture;
CA71411071
5. The "family member" o( any person named in 1
through 4 above while "occupying" a covered
"auto" or while a pedeslrian when siruck by an
"auto" you do not Own, any "aufo" not owned by
that intlivitlual or not ownetl by any "family
membec"
"Executive offcer" means a person holtling any of
ihe aflicer positions crea�ed by your chatler,
constitNion, by-laws or any other similar governing
tlocument.
`Family member" means a person related ro ihe
individual named in ihe Declarations by blood,
marriage ar adoption who is a resident of ihe
individual's household, inGuding a wa�d or foster
child
"OCCUpying" means in, upon, getting in, on, out or
off.
N. EXTENDED PHYSICAL DAMAGE COVERAGE
If Physical Damage Coverage is providetl by ihe
Coverage Form to which ihis endorsement attaches,
any private passenger type "auto" you don't owq
hire or borrow is a covered "auto" for Physical
Damage Coverage while in ihe wre, custotly or
control of any intlividual named in BA. through B.4.
or his or her spouse while a resident of the same
househoid excepC
a. Any "auto" ownetl by that individual or by any
member of his or her household.
b. Any "auto" used by ihat indivitlual or his or her
spouse while working in a business of selling,
servicing, repairing or parking "autos'.
Our obligation to pay for repair, retum or to replace
damaged or stolen pmpetly will be reduced by a
deductible equal to ihe amount of the largest
tletluctible shown Por any ownetl private passen9er
type "auto" applicable �o Physical Oama9e
Coverage. IF there are no pnvate passenger type
"autos", ihe dedudible shall be $50 for
Comprehensive and $'100 for Collision Coverage.
No deductible will apply to "loss" caused by fire or
lighming.
O. LIBERALIZATION
3. Your members or managers, i( you are If we revise ihis entlorsement ro provitle greater
designated in ihe Declarations as a limited coverage without atlditionai premium charge, we wi�l
liabilitycompany; automatically provitle 1he additional coverage ro all
endorsement holders as of ihe tlay the revision is
4. Your `execufive officers", if you are tlesignated ¢((¢�ive in yourstate.
in ihe Dedarations as an organization other than
an individual patlnership,joint venture orlimitetl
liability company; and
CA 71 41 10 11 Includes Copyrighted material of Insurance Services Office, Inc. with Rs permission. Page 6 of 6
CG 72 01 02 15
EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT
LOMMERCIAL GENERAL LIA8ILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES
This is a summary ofendorsem ntdNo'coverageeis providedeby th ses mm'ary.tions provitled by this
' Fxtended Property Damage
' Expanded Fire Le9al liabillty lo include 6cplosion, LighNing and Sprinkler Leakage
' Coverage for non-owned watemraft is exlended to 51 feet in length
' PropeAy Damage - Borrowed Equipment .
' Property Damage Liability- Elevators
' Covera9e D- Voluntary Propedy Damage Coverage
$5,000 Occurrence with a $10,000 Aggregale
' Covera9e E- Care, Cuslody antl Contml Pmperty Dama9e Coverage .
$25,000 Occurrence wiih a$100,000 Aggregale -$SOD Deductible
' Coverage F- Electronic Data Liability Covera9e -$SO,OOD
' Coverege G- Product Recall Expense
§25,�00 Each Recall Limit with a b50,000 Ag9regate -$1,000 Deduclible
' Coverage H- Water Damage Legal LiabiliTy - 525,000 Insurance Program - Limited Coverage
' Coverage I- Designaled Operations Coveretl by a Consolidaled (Wrap-Up)
' Increase in Supplementary Payments: Bail Bonds lo $1,000
' Increase in Supplemenlary Paymenls: Loss o( Eamin9s to $500
' For newly formed or acquired organizations - exlend the reporting requiremeN to 180 days
' Broadened Named Insuretl
' Automatic Adtlitional Insured - Owners, Lessees or Contractors - Aulomatic SlaWS When Required in Conslmdion
Agreement Wth You
' Contractors Blanket Atlditional Insured - Limited Producis - Completetl Operations Coverege
' Aulomatic Additional Insuretl - Vendors
' Automatic Additional Inwred - Lessor of Leased Equipment Automatic Slatus When Required in Lease Agreement
Wilh You
` Automalic Additional Insured - Managers or Lessor of Premises
' Additional Insured - Engineers, Architects or Surveyors Nol En9aged by the Named Insured
' Additional Insured - Stale or Govemmental Agency or Subdivision O� P���i� ses UOpe altions Only'ls OwnersorLessees or
' Additional Insured - Consolitlated Insurance Program (`Nrap-Up)
Contrac[ors Automatic Slatus When Required in Conslmction A9reement Wilh You
' Additional Insured - Employee Injury to Anolher Employee
' Automatically induded - A9gregate Limils of Insurance (per location)
' Aulomatically included - A9gregate Limits of Insurance (per projecl)
` nnlselfdconstiNeUknowledgenof the namedni suredeuNess�alnloffcer�uof he namedeinsused has�ece �edYSUCh oolce
fmm lhe a9ent, servant or employee
' Blanket Waiver of Subrogalion
' Liberalizalion Condition
• Unintentional failure to disclose all hazards. If you unintenlionally fail to disclose any hazards existing at the incepLOn
date of your policy, we will not deny covera9e under this Coverage Form because af such Failure. However, this
provision �oes not aHect our righl lo collect additional premium or exercise our righl of cancellation or non-renewal.
•"Insured Contracl" redefned for Limited Railmad Contraduai Liabiliry
• Mobile equipment to include snow removal, road maintenance and sireet cleaning equipment less than 1,000 Ibs GVYJ
• Bodily Injury Redefined
REFER TO THE ACTUAL ENDORSEM YOUROINSURA CE PRO ECTIONHROUGH 13 FOR CHANGES AFFECTING
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CG 72 01 02 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLV.
EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT
This endorsemenl motlifes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I - COVERAGES
A. The following changes are made at COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIAeILITY
1. Eztentletl Property Damage
A� 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following:
"Botlily injury" or "propetly damage" expected or intended from the standpoint of the insuretl. This exclusion does
not apply to "botliry injury' or "property damage" resulting fmm the use of reasonable force to protect persons or
property.
2. Expantletl Fire Legal Liability �
Al 2. Ezdusions the last paragraph is deleted antl replacetl by lhe following:
ExcWSions c. lhrough n. do not appty to damage by fre, explosion, ligh�ning, smoke resulting fmm such fre,
explosion, or lighlning or sprinkler leakage lo premises while rented to you or temporarily occupied by you with
permission of this owner. A separate limit of insurance applies to ihis coverage as described in SECTION III -
LIMITS OF INSURANCE.
3. Non-Owned Watercaft
A� 2. Exclusions excWSion g. Aircraft, Auto Or Watercrak (2) (a� is deleled and replaced by the following:
(a) Less ihan 51 feet long;
4. Praper[y Damage — Bortowetl Equipment
At 2. EzcWsions lhe following is added �o paragraph (4) of exdusion j. Oamage To Property:
This exdusion does not apply to "prope�y damage" �o borrowed equipmenl while at a jobsile and while not being
used to pedorm operations. The mos� we will pay for "property dama9e' to any one piece af bonowed equipment
under ihis coverage is $25,000 per occurrence. The insurance aHorded under this provision is excess over any
valid and collectible pmperty insurance (including deduc�ible) available to lhe insured, whether primary, excess,
contingen� oron any other basis.
5. Property Damage Liabilily — Elevators
At 2. Exclusions the Following is atldetl to para9raphs (3�, (4) antl (6) of exclusion j. Damage To Property:
This exUUSion tloes no� apply to 'property damage" resul�ing from Ihe use of elevabrs. However, any insurance
pmvided for such "pmperty damage" is excess over any valitl antl collectible property insurance (including
deduclible) available to the insured, whether primary, excess, contingent or on any other basis.
B. The following coverages are added
1.COVERAGE D-VOLUNTARY PROPERTY DAMAGE COYERAGE
"Property tlamage" to property of olhers caused by the insured:
a. While in your possession; or
b. Arising out of "your work".
Coverege applies at the request of the insured, whether or not Ihe insured is legally obligaled to pay.
For the purposes of this Volunqry Property Damage Coverage only:
Exclusion j. Damage to Property is deleted and replaced by the following:
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cc �z o� oz ie
j. Damage to Property
"Property damage" to:
(7) Property held by ihe insured for servicing, repair, storege or sale at premises you own, rent, lease, operate or
use;
(2) Property transported by or tlamage caused by any "automobile', "watercraft" or "aimraft" you own, hire or
lease;
(3) Pwpetly you own, rent, lease, borrow or use.
The amount we will pay is limited as descnbed below in SECTION III - LIMITS OF INSURANCE
For the purposes of this Voluntary Praperty Damage Coveage, our right antl duty to de(entl ends when we
have paid the Limit of Liabiliry or the Aggregate Limit for this coverage.
2.COVERAGE E-CARE, CUSTOOY AND CONTROL PROPERTY DAMAGE COVERAGE
For �he purpose of lhis Care, Custotly and Control Property Damage Coverage onty:
a. Item �4) of Exclusion j. does not apply.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
For the purposes of this Care, Custotly and Control Property Damage Coverage, our right and duty to
de(entl entls when we have paitl.the Limit of Liability or [he Aggregate Limit for this coverage.
9. COVERAGE F- ELECTRONIC DATA LIABILITY COVERAGE
For lhe purposes of this Electronic Oata Liability Coveage only:
a. Exclusion p. of Covenge A— Badily Injury Antl Property Damage Liability in Section I— Covera9es is
replaced by ihe following:
2. Exclusions
This insurance does not apply to:
p. Electmnic Data
Damages ansing out of the loss of, loss of use of, damage to, corruption of, inability to access, or inabiliry to
manipula�e "elec(ronic da�a" that tloes not resul� from physical injury lo langi6le property.
However, ihis exdusion does not apply to liability for damages because of "bodily injury'.
b. "Property Damage" means:
(1) Physical injury to tangible property, including all resulting loss of use of �hat property. All such loss of use
shall be deemed to occur at the time of the physical injury that causetl it; or
(2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at
the time of the "occurrence" ihat caused it; or
(3) Loss of, loss of use ot, damage to, corruption of, inability to access or inability to pmperly manipulate
"electmnic data', resWting fmm physical injury to langible property. All such loss o( "eiedmnic tlata" shall be
deemed to ocwr at lhe time of the "occurrence" that caused it.
For the purposes of this Electronic DaG Liability Coverage, "elecUOnic data" is not tanqible propeAy.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
4.COYERAGE G-PRODUCT RECALL EXPENSE
a. Insuring Agreement
(1) We will pay 90% of "pro0uc� recall expense" you incur as a result of a"produc� recall" you initiate during �he
coverage period.
(2) We will only pay for "produd recall expense" arising ou� of "your protluc(s" which have been physically
relinquished �o o�hers.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
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CG 72 01 02 15
b. Exclusions
This insurence does not apply to "product recall expense" arising out of'
(1) Any fact, circumstance or situation which existetl at �he incep�ion date of the policy antl which you were
aware of, or could reasonably have Poreseen lhat would have resultetl in a"product recall".
(2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the
manufacture, tlesign, processing, slorage, or transportation o('your producf'.
(3) The wilhdrawal of similar producis or batches lhat are not defective, when a defect in another product or
batch has been found.
(4) Acls, errors or omissions of any of your employees, done wdh prior knowledge of any of your offcers or
directors.
(5) Inherent vice, meaning a naWral contlition of property ihat causes it to deteriorate or become damaged.
(6) "Botlily Injury° or "Property Damage".
(7) Failure of "your product" to accomplish its in�endetl purpose, including any breach of warranty of ftness,
quality, effcacy or effciency, whether written or implied.
(8) Loss of reputatioq customer faith or approval, or any costs inwrred to regain customer market, or any other
consequential damages.
(9) Legalfees orexpenses.
(10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your
producC.
(17) "Produd recall expense" arising from lhe "product recall° of any of "your products' for which coverage is
excluded by endorsement.
(12) Any "pmduct recalf' initiated due to the expiration of the tlesignated shelf life of "your producP.
5. COVERAGE H- WATER DAMAGE LEGAL LIABILITY
The Insurance provided untler Coverage H(Section I) applies to "property damage" arising out of water damage ro
premises that are both rented to and occupied by you.
The Limit under ihis coverage shall nol be in addition to ihe Damage To Premises Rented To You Limit.
The amount we will pay is limited as describetl below in SECTION III - LIMITS OF INSURANCE
6. COVERAGE I— DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE
PROGRAM
The following erdusion is added to Paregraph 2. Exclusions of SECTION I— COVERAGES COVERAGE A—
BODILY INJURY AND PROPERN DAMAGE LIABILITY:
r. This insurence does not appty to "bodily injury' or "property damage' arising out of either your ongoing operations
or opera�ions included wi�hin lhe "pmduc�s-compleled operations hazard" for any "consolidatetl (Wrap-upj
insurance program" which has been provided by the prime contractor/project manager or owner of the
constmction project in which you are involved.
This exclusion applies whether or not a consolidated (Wrap-up) insurance pro9ram:
a. Pmvides coverage identical lo tha� provided by this Coverage Patl; or
b. Has limits adequate to cover all claims
This exclusion does no� apply if a"wnsolidated (Wrap-up) insurance program" covering your operations has
been cancelled, non-renewetl or otherNise no longer applies for reasons other than exhauslion of all available
limits, whether such limits are available on a primary, excess or on any other basis You must ativise us of such
cancellation, nonrenewal ortermination as soon as practicable.
For purposes of this exclusion a"consolidated (wrap-up) insurance program" is a program pmviding insurance
coverege to all paM1ies for erposures involved with a particular (typically major) consimction project.
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CG ]2 01 02 15
C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended'
t.TOreatl SUPPLEMENTARY PAYMENTS
2. Bail Bands
Item 7.6. is amended as follows:
b. Up to $1,�00 for cost of bail bonds required because of accidents or traHC law violations arising out of the use of
any vehicle to whlch the Bodily Injury Liahility Coverage applies. We do not have to furnish ihese bonds.
3. Loss of Earnings
Ilem t.d. is amended as follows:
tl. All reasonable expenses incurred 6y the insured at our request to assist us in the investigation or defense of ihe
claim or "suiC, inGUding acNal loss of earnings up to $500 a tlay because of time oH from work.
4 The following language is added to Item 1.
However, we shall have none of the duties set forth above when this insurance applies only for Volunfary Property
Damage Coverage and/or Care, Custody or Contral Property Damage Coverage and we have paid ihe Limit of
Liability or the Aggregate Limit for these coverages.
SECTION II- WHO IS AN INSURED
A. The following change is madet
Eztendetl Reporting Requirements
Item 3.a. is deleted and replaced by lhe following :
a. Coverage under this provision is afforded only until the 180ih tlay after you acquire or.form the organization orthe
end of lhe policy period, whichever is eadier.
B. The following provisions are adtletl
4. BROAD FORM NAMED INSURED
I�em i.f. is added as fo0ows:
f. Any legally incorporatetl entity of which you own more than 50 percent of the voting stock during the policy
period only if there is no other similar insurance available to that entity. However
(1) Coverage A does nol apply to "bodily injury" or "property damage" that occurred before you acquired more
than 50 percent of the wting stock; antl
(2) Coverage B does not appry to "personal and advertising injury" arising out of an oHense commitled before
you acquired more than 50 percent of �he voting slock.
5. Atltlitional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction or
Service Agreement With You
a. Any person or organiza�ion for whom you are pedorming operations when you antl such person or organization
have agree0 in writing in a contract or agreement that such person or organization be added as an additional
insuretl on your policy is an insured. Such person or organization is an atldilional insured only with respect to
your Iiability for "bodiy injury", "propeM1y damage" or "personal and advetlising injury' which may be imputed to
lhal person or organization tlirec�ly arising oN of'
1. Your ac�s or omissions; or
2. The acts or omissions o( those acting on your behalf;
in �he pedormance of your ongoing operations for the additional insured.
However, the insurance aHOrdetl to such additional insured:
1. Only applies lo lhe exten� permined by law; antl
2. WII not be broader ihan that which you are required by the contract or agreement to provitle for such
adtlitionai insured.
b. Wth respect to ihe insurance aROrded to Ihese additional insuretls, the following atlditional ezclusions apply:
This insurance does not apply �o:
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CG 72 07 02 15
1. "BOdily injury', "property damage" or "personal and advedising injury" ansing out of the rendering o[ or the
failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, appmving, or failing �o prepare or approve, maps, shop tlrawings, opinions, repoAS,
surveys, feld orders, change orders ordrewings and specifcations; or
b. Supervisory, inspection, architecWral arengineering activilies.
This esdusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, Uaining or monitoring of olhers by �hal insured, if the "occurrence" which
caused the "hodily injury" or "propetly damage", or ihe offense which caused ihe "personal and advertising
injury", involved the rendering of or lhe failure to render any professional archi�eQUral, engineering or surveying
services.
2. "Bodily injury" or "propetly damage" occurring afler
a. All work, including materials, patls or equipment fumished in connection with such work, on the project
(other than service, maintenance or repairs) to be pedormed by or on behalf of the atlditional insured(s)
at ihe location af the covered operations has been completetl; or
b. That portion of "your work" out of which Ihe injury or damage arises has been put to its intended use by
any person or organizalion other �han another contrec�or or subcontrac[or engaged in pertorming
operations for a principal as a patl of the same pmject.
6. Additlonal Insured — Limited Protlucts Completed Operations Coverage
a. Any person(s) or organization(s), but only with respect to your liability for "bodily injury" or "pmperty damage"
which may be imputetl to that person(s) or organization(s) directly arising out of "your work' performed for that
additional insured and included in Ihe'products-completetl operetions hazard" is an insured.
However:
(1) The insurence aHorded [o such additional insureds only applies to the eztent permitletl by law;
(2) If coverege provitletl to ihe atlditional insured is required by a contract or agreement, the insurance afforded
to such additional insured will not 6e hroader ihan Ihat which you are requiretl by the contract or agreement
to pmvide for such additional insured .
(3) Coverage wiil cease fve years from ihe completion of "your work" if
�a) a time freme is no� stipula�etl in the wntten contract or writ�en agreement; or
(b) a time frame longer Ihan 5 years is stipulated in the written contract or written agreement
However if a lesser time frame is stipulated in the wrilten conirect or written agreement then that time frame will
prevaiL
b. Wth respect to the insuranw afforded to any additional insured under this endorsement, the following addilional
exclusionary language shall apply:
This insurance does not apply to "bodily injury° or "propeM1y damage" arising out of the rendering of, or the failure
to render, any pmfessional architecture, engineering or surveying services, including:
(1) The preparing, approving, or failing �o prepare or approve, maps, shop tlrawings, opinions, reports, surveys,
feld ortlers, change ortlers or tlrawings and specifcations; or
(2) Supervisory, inspection, architectural or engineering activities.
7. Adtlitional Insured � Vendors
a. Any person(s) or organization(s) (referred to �hroughout this atltlilional coverege as vendor), but only with respect
to "bodily injury' or "property tlamage", which may be imputed to Iha� person(s) or organization(s) arising oul of
"your producis" shown with the Schetlule which are distributed or sold in the regular course of the vendofs
business is an insured.
However:
(1) The insurence afforded to such vendor only applies to the eMent permitted by law; and
(2) If coverege pmvided to ihe ventlor is required by a contract or agreement, the insurance afforded to such
vendor will not be broader ihan ihat which you are required by ihe wntrect or agreement to provide for such
vendor.
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CG 72 01 02 15
b. Wih respect to ihe insurance afforded to these vendors, the following additional exclusions apply:
(7) This insurance aRorded ihe vendor does not appty to:
(a) "BOdily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contrecl or agreemenL This exclusion tloes not apply to liability for damages
ihat the vendor would have in the absence of the contract or agreement;
(6) Any express war�anty unaNhorized by you;
(c) Any physical or chemical change in �he produc� made inlentionally by the vendor;
(d) Repackaging, except when unpacked solery for ihe purpose of inspection, demonstration, testing, or the
substitution of patls untler insWdions from the manufacturer, and then repackaged in the original
container.
(e) Any failure to make such inspections, adjustmenis, tests or servicing as �he vendor has agreed to make
or nortnally undertakes to make in the usual course of business, in connection wi�h �he distribution or
sale af products.
(f) Demonstrelion, inslallation, servicing or repair opera[ions, except such operations pertormetl at the
vendofs premises in wnnedion with ihe sale of the pmduct.
(g) Products which, afler disiribution or sale by you, have been labeled or relabeletl or used as a container,
part or ingretlient of any olher �hing or substance by or for the vendor.
(h) "BOdily injury" or "property tlamage" arising out of the sole negligence o( lhe vendor for its own acls or
omissions or lhose of its employees or anyone else ading on i�s behalC However, Ihis exclusion does no�
apply to:
i. The exceptions contained in Sub-paragraphs tl. or f.; or
ii. Such inspedions, adjustments, tests or servicing as the vendor has agreetl to make or nortnally
undertakes to make in the usual course of business, in connection with the distnbulion or sale of Ihe
protlucis
(2) This insurance does not apply lo any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entenng into, accompanying or containing such producis.
8. Additional Insured — Lessor of Leasetl Equipment — Automatic Status When Required in Lease Agreement
With You
a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or
organization(s) have agreed in writing in a contrect or agreement that such person(s) or organization(s) be added
as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respecl to your
liability for "bodily injury", "propetly damage" or "personai and ativertising injury" diredly arising out of the
maintenance, operetion or use of equipment leased to you, which may be imputed to such person or organization
as the lessor of equipment. �
However, the insurence afforded �o such additional insured:
(7) Onty applies to [he exlent permitted by law; and
(2) WII no� be bmatler than �hat which you are required by the con�rect or agreement to provide for such
adtlitional insuretl.
A person's or organization's staNS as an addilionai insured under lhis endorsement ends when their conUac( or
agreement with you for such leased equipment ends.
b. Wilh respect b the insurence afforded �o ihese addi�ional insureds, this insurance tloes not appty to any
"occurrence" which takes place after the equipment lease expires.
9. Additianal Insured —Managers or Lessors of Premises
a. Any person(s) or organization(s), but onty with respect to liability arising oul of the ownership, maintenanw or
use of that part of the premises leased to you and subject to ihe following adtlitional exclusions:
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CG 72 01 02 15
This insurance does nol apply to:
(7) Any "occurrence" which takes place afler you cease to be a tenant in that premises.
(2) Structurel alterations, new construc�ion or aemolition operalions performed by or on behalf of �he person(s)
or organization(s) afforded coverege 6y lhe additional coverage.
Howevec
(7) The insurance aHOrded to such addi�ional insured only applies to ihe ealent permitted by law; and
(2) If coverage provided lo the additional insured is required by a conlrecl or agreement, the insurance afforded
to such additional insured will not be 6roader fhan that which you are required by lhe wntract or agreement
to provitle Por such atlditional insured.
10. Additional Insured - Engineers, Architects or Surveyors Not Engagetl by the Nametl Insured
a. Any architects, engineers or surveyors who are nol engaged by you are insureds, but only with respect to liability
for "botliry injury' or "property damage" or "personal and advetlising injury�' which may be impuled �o iha�
architec�, engineer or surveyor arising out of'
(7) Your acls or omissions; or
(2) Your acis or omissions of those acting on your behalf;
in the pedormance of your ongoing operetions performed by you or on your behalf.
But only if such architecis, engineers or surveyors, while nol engagetl by you, are conlractualty requiretl to be
added as an atltlitional insured lo your policy.
However, Ihe insurance affordetl to such additional insured:
(i) Only applies to lhe e�enl permitted by law; antl
(2) WII not be broader Ihan ihat which you are.required by the contract or agreement to pmvitle for such
additional insured.
b. Wth respect to the insurance afforded to ihese atlditional insuretls, the following additional exclusion applies:
This insurance tloes nat appiy to "bodily injury", 'pmperty damage" or "personal and advertising injury" arising
oul oflhe rendering oforfailure to render any professional services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys,
change orders, designs or specifcations; or �
(2) Supervisory, inspection or engineering services.
This excWSion applies even if lhe claims againsl any insured allege negligence or olher wmngdoing in �he
supervision, hiring, employment, training or moniloring of others by Ihat insured, if the "occurrence" which
wused lhe "bodiiy injury" or "property damage", or Ihe offense which caused the "personal antl advertisin9
injury", involved the rendering of or the failure to render any pmfessional services.
17. Addicional Insured - Sfate or Govemmental Agency or Subdivision o� Political Subdivision - Permifs or
Authorizations
Any s�ate or governmental agency or subdivision or political su6division is an insured, subjec� to the following
provisions:
a. This insurance applies only wiN respect to operalions pedormed by you or on your behalf for which lhe state or
governmen�al agency or subdivision or political subdivision has issued a permit or aulhorization.
Hawever:
(1) The insurance afforded to such atlditional insured onry applies to the extent permitted by law�, and
(2) If coverage provided to the additional insured is required by a contract or agreement, ihe insurance affortled
to such atltlitional insured will nol be broader than that which you are required by the contrect or a9reement
to provide for such additional insured.
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h. This insurance does not appry to:
(7) "BOdily injury", "pmpeRy damage" or "personal and advertising injury" arising out of opera�ions pertormed for
the federal government, state or municipality; or
(2) "BOdily injury" or"property damage" included within the "products-completed operations hazard".
12. Additional Insured Consolitlatetl Insurance Progrem (Wrap-Up) Off-Premises Operations Only - Owners,
Lessees or Cantractors
a. Any persons or organiza�ions for whom you are performing operelions, for which you have elected lo seek
coverege under a Consolitlated Insurance Program, when you and such person or organization have agreed in
wri�ing in a conUact or agreement that such person or organization be added as an addilional insured on your
policy is an insuretl. Such person or organization is an atlditional insured only with respect to your liability which
may be imputed to that person or organization directty arising out of your ongoing operetions pedormed for that
person or organization at a premises olher than any project or location that is designated as wvered under a
Consolidated Insurance Program. A person's or organizalion's sta�us as an insured under this endorsement entls
when your operations for that insured are completed.
b. With respect to the insurance aflorded lo ihese additional insureds, ihe following additionai exdusion applies.
This insurance tloes not apply �o:
"BOtlily injury', "propehy damage", or "personal and advertising injury" arising out of the rendering of, or faiWre to
rentler, any pmfessional arohitedural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or appmve, maps, shop tlrawings, opinions, reports, surveys,
fieid orders, change orders ordrewings and specifications; and
(2) Supervisory, inspection
13. Additional Insured - Employee Injury to Another Employee
Wth respect to your "employees" who occupy positions which are supervisory in nature:
Paragraph T.a.�7) of SECTION II — WHO IS A NAMEO INSURED is amentletl to read:
a. "Bodily injury° or "personal antl ativertising injury"
(1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if yoi
are a limited liability company);
(2) For which there is any obligation b share tlamages with or repay someone else who must pay tlamages
because ofthe injury describetl in paregraph (1�(a� above; or
(3) Arising out of his or her providing or failing to provide professional healthwre services. Paragraph 3.a. i:
deleted.
For the purpose o( this Item 12 only, a position is deemed to be supervisory in naNre if that person pertortns
principle work which is substantially different from that of his or her subordinates and has authority to hire, direct,
discipline or discharge.
SECTION III - LIMITS OF INSURANCE
A. The following Items are deleted antl replaced hy the following:
2. The General Aggregate Limit is Ihe most we will pay for ihe sum of:
a. Medical ezpenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodity injury" or "property damage" included in the
"producis-completed operations hazard"; and
c. Damages under Coverege B; and
d. Damages under Coverege H.
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CG 72 01 02 75
3 The Products-Completed Operations Aggregate Limit is �he most we will pay under Coverage A for damages
because of "botlity injury" and "propetly damage" included in the "protluc�s-comple�ed operations hazartl" antl
Coverege G.
6. Subject l0 5. above, �he Damage to Premises Renletl to You Limit is �he most we will pay under Coverage A for
damages because o( "property damage" to any one premises, while rentetl to you, or in Ihe case ot damage by fre,
ezplosion, lightning, smoke resuiting from such fre, explosioq or lightning or sprinkler leakage while rented to you
or temporarily occupied by you with permission of the owner.
B. The following are added: �
8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under
Coverage H for Water Damage Legal Lia6ility.
9. Coverage G Product Recall Expense
Aggrega�e Limit $50,000
Each Product Recall Limit $25,000
a. The Aggregate Limit shown above is ihe most we will pay for ihe sum of all "product recall expense" you inwr as
a resWt of all'pmduc� recalls" you initia�e during the endorsemen� period.
b.The Each Produc� Recall Limit shown above is the mos� we will pay, subjed to the Aggregate antl $1,00�
de0uclible, for "protluc� recall expense" you incur for any one "product recall" you initia�e during the endorsemen�
period.
We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amounL The
tleducti6le applies separately to each Protluct Recall. The limits of insurance wiil not be reduced by the amount of
this deductible.
We may, or will if required by law, pay all or any part of any deductible amounL Upon notice of our payment ot a
tletlucti6le amount, you shall promptly reim6urse us for the patl of the dedudible amount we paid.
70. Aggrega[e Limits ot Insurance (Per Location)
The General Aggregate Limit applies separatety to each of your "lorations" owned by or rented to you or
temporarily ocwpied by you with the permission of ihe owner. .
"LOCation" means premises involving the same or connecting lots, or premises whose connection is intermptetl only
by a stree�, roadway, waterway or righ4of-way of a reilroad.
11. Aggregate Limits of Insuance (Per Project)
The General Aggregate Limit applies separately to each of yout projects away (rom premises owned by or rented to
you.
12. Wth respecis to the insurance aHorded to additional insureds aRorded coverage by items 5 thmugh 13 of SECTION
II — WHO IS AN INSURED above, the following is added:
The most we will pay on behal( of Ihe atlditional insured is the amount of insurance:
a. Required by the conhact or agreement;
b. Available untler ihe appliwble Limils of Insuance shown in the Declarations;
VJhichever is less.
This endorsement shall not increase �he applicable Limits of Insurance shown in the Declarations.
13. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a S5p�0 "occurrence" limit antl a$10,000 "aggregate"
limit is �he mOS� we will pay under Coverage A for damages because of "pmperty damage" covered under
Coverage D-VOlunfary Praperty Damage Coverage.
For the purposes of this Voluntary Property Damage Coverage, our right and duTy to defend ends when we
have paid the Limit of Liability or the Aggregate Limit for this coverage.
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CG 72 01 02 15
14. Subject l0 5. of SECTION III — LIMITS OF INSURANCE, a$25,000 "occurrence" limi� and a$100,000 "aggregate"
limit is �he most we will pay under Coveage E- Care, Custody antl Control Caveage regardless of the number
of:
a.lnsureds;
b. Claims matle or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
Dedudible - Our obligation to pay tlamages on your behalf applies onty to lhe amount of damages in excess of
5500.
This deductible applies to all damages because of "propetly tlamage" as the result of any one "occurrence"
regardless of the number of persons or organizations who sus�ain tlamages because of that "ocarrence".
We may pay any pah or all o( lhe deduclible amount to effect settlement of any daim or "suiY' and upon notifcation
of �he action taken, you shall pmmpty reimburse us for such patl of the tleductible amount as has been paid 6y us.
As respecis �his coverage "A99regale" is �he maximum amount we will pay for all covered "occurrences" during one
policy period.
For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to
defend entls when we have paitl the Limit of Liability or the Aggregate Limit for this coverage.
15. Subject to 5. of SECTION III — LIMI7S OF INSURANCE, the mosl we will pay for 'pmperty tlamage° under
Coverage F- Eleclronic Data Liability Coverage for loss oi "elecironic data" is $50,000 withoN regartl lo ihe
number of bccurrences".
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
A. The following contlitions are amended:
7. Knowledge of Occurrente
a. Condilion 2., I�ems a. and b. are deleted antl replaced by the following:
(7) Duties In The Event Of Occurrence, Offense, Claim Or Suit
(a) You must see lo it that we are notifetl as soon as prec[icable of an "owurrence" or an offense which may
resWt in a claim Knowledge of an "occurrence" by your agent, servant or employee shall nol in itself
' constitute knowledge of lhe named insured unless an off�cer of Ihe named insured has received such
notice from lhe agent, servant or employee. To the entent possible, nolice should include:
i. How, when and where the "occurrence" took place;
ii. The names and addresses of any injured persons and witnesses, antl
iii. The nature and location of any injury or damage arising oul of the "occurrence" or offense.
(b) If a claim is matle or "suit" is bmugh� against any insured, you must
i. Immediately record the specifcs of lhe claim or "sui�" and the date received; and
ii. Notify us as soon as precticable.
Vou must see to it ihat we receive written notice of the claim or "suif' as soon as practicable. Knowletlge of a
claim or "suiC by your agent, servant or employee shall not in itself constitute knowletlge of the named
insured unless an offcer of the nametl insured has received such notice from ihe agent, servant or
emplayee.
2. Where Broatl Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement,
Condi�ion 4. Other Insurance b. Ezcess Insurance (7�.(a) is replaced by lhe following:
(a)Any of the other insurance, whelher primary, excess, contingent or on any other basis, lhat is available to an
insured solely by reason of ownership by you of more than 50 percent of the wting stock, and not withstantling
any other language in any other policy. This provision does not apply to a policy written to apply specifcally in
excess of this policy.
CG 72 01 02 15 Includes copyrighted material of Insurance Services Offce, Inc., with its permission. Page 71 of 1J
CG 72 01 02 15
B. The following are adtled'.
1. Candi�ion (5) of 2.c.
(5) Upon our request, replace or repair the pmperty covered under Voluntary Pmpehy �amage Coverage at your
acWal cost, exduding proft or overhead.
10. Blanket Waiver Of Subragation
We waive any right of recovery we may have agains� any person or organiza�ion hecause of payments we make for
injury or damage arising out of: premises owned or occupied by or rented or loaned �o you, ongoing operations
performed by you or on your behalf, done under a conlrect with thal person or organizatioq "your work", or "your
produds". We waive this right where you have agreed to do so as paM1 of a written coniract, exewted by you before
the "bodily injury" or "property damage" occurs or the "personal injury° or "ativertising injury" oHense is committetl.
17. Liberalization
If a revision to this Covera9e Part, which would provitle more coverage with no adtlitional premium becomes
effective during the policy period in the stale designated for ihe frst Named Insured shown in lhe DeGarations, your
policy will automalicalty provide this addi�ional coverage on the eHeclive date of �he revision.
12. Unintentional Failure to Disclose All Hazards
Based on our reliance on your representa�ions as to existing hazards, if you unintentionally should fail to disGOSe all
such hazards at ihe inception date of your policy, we will nol tleny coverage under this Coverage Part because of
such faiWre. However, lhis provision does not aHec� our righ� to collect additional premium or exercise our right of
cancellalion or nomrenewal.
13. The following condi�ions are added in regard to Coverage G- Product Recall Expense
In event of a"product recall", you must
a. See to il that we are notifed as soon as precticable of a"protlucl rewll". To the extent possible, nolice shoultl
include how, when and where the "protluQ rewll" took place and estima�etl "product recall expense".
b. Take all reasonable steps to minimize "pmduQ recall expense'l This will not increase the limits of insurance.
c. If requested, permit us to question you under oalh at such times as may be reasonably required about any matler
relaling to this insurance or your claim, including your books antl records. Your answers must be signed.
d. Permit us to inspec[ antl obtain other infortnation praving the loss. You must send us a signed, swom statement
of loss containing the information we reques� to investigate the claim. You musl do this wRhin 6� days after our
request.
e. Cooperale wi�h us in the invesligation or settlement of any claim.
f. Assist us upon our request, in the enforcement of any righ�s a9ainsl any person or organiza�ion which may be
liable �o you because of loss to which this insurance applies.
74. Limited Railroatl Contractual Lia6iliry
The following conditions are applicable onry m coverege afforded by reason of the redefning of an "insured
contracP' in ihe DEFINITIONS seclion of this endorsement:
a. Railroad Protective Liahility coverage provided by I50 form CG 0035 with minimum limits of $2,000,00� per
ocwrrence and a 56,000,000 general ag9regate limit must 6e in place for the entire duralion of any project.
b.Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of [he coverage or which
impairs our right to contribution will rescind any coverege afforded by the redefned "insured wntracP language.
a For �he purposes of �he Other Insurance wndi�ion of form CG 0035 you, the named insureQ will be deemed lo
be lhe designated conUador.
CG 72 01 02 15 Includes copyrighted materiat of Insurance Services Office, Inc., wdh its permission. Page 72 of 11
CG 72 01 02 15
SECTION V - DEFINITIONS
A. Al ilem 12. Mobile Equipment lhe wording al t.�t) is deleted and replaced by [he foliowing:
f.�1) Equipment tlesigned primariry for.
(a) Snow removal;
(b) Road maintenance, but nol conslmction or resurfacing; or
(c) Sireet cleaning;
except for such vehicles lhat have a gross vehiGe weight less �han 7,000 Ibs which are not designed for highway
use.
B. Item 3. "bodily injury" is tleleted and replaced with the following:
3."bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish,
mental injury, shock, fright or death that resWls from such physical injury, sickness or disease.
C. Ilem 9. "Insured ContracP' c. is deleted and replaced with lhe following:
c. Any easement or license agreemen�;
D. Ilem 9. "Insured Contract" L�1) is deleled
E. The following definitions are added for �his endorsement only
T3. •'Electronic data" means information, facts or programs slored as or on, created or used on, or transmilled to or
from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, lape
drives, cells, tlata pmcessing devices or any other media which are used with eleclronically contmlled
equipment.
24. "Product recall" means a wdhdrawal or removal from the market of "your producY' based on lhe determination
by you or any regulatory or govemmenlal agency thaC
a. The use or consumplion of "your product" has caused or will cause actual or alleged "botlily injury" or
"propeM1y dama9e"�, and
b. Such detertnination requires you to recover possession or conVOi of "your product" from any distributor,
pu¢haser or user, to repair or replace 'your producf', but only if 'your producP' is unfl for use or
consumptioq or is hazardous as a result of:
(7) An error or omission by an insured in the tlesign, manufacWring, processing, labeling, storege, or
transportation of "your producC'; or
(2) Actual or alleged intentional, malicious or wrongful alleration or conlamination of "your pmducf' by
someone o�her than you.
25. "Protluct recall expense" means reasonable and necessary expenses for
a. Telephone, radio and television communication and Orinted advertisements, including stationery, envelopes
and postage.
b. Transpotling recalled producls fmm any pumhaser, disiribulor or user, to bcalions tlesignaled by you.
c. Remuneration paid lo your empioyees for overtime, as well as remuneration paid to additional emplayees or
independent contradors you hire. '
tl. TranspoAation and accommodation expense incurred by your employees.
e. Rental expense incurred for temporary localions used to store recalletl products. �
L Expense inarred to pmperly dispose of recalled pmtlucis, including packa9ing thal cannot be reused.
g. TranspoM1ation expenses incurted to replace recalled products.
h. Repairin9, redistributing or replacing covered recalled produc�s wilh like producls or subsliNtes, not to
exceed your originai cost of manufacturing, pracessing, acquisition and/or dlstri6ution.
These expenses must be incurted as a result of a"product recall".
CG 72 01 02 15 Includes wpyrighted malenal of Insurance Serviws OKce, Inc, wilh its permission. Page 71 of 13
CM 70 72 09 12
This Inlantl Madne Coverage is su6ject to Ihe terms shown below.
The Inland Marine General Terms also apply.
PLEASE READ THIS CAREFULLY.
LAND IMPROVEMENT CONTRACTORS ASSOCIA710N (LICA)
CONTRACTORS INSTALLATION, SCHEDULED EQUIPMENT
AND UNSCHEDULED EQUIPMENT COVERAGE
Coverege Premiums, Limits of Insurance for Coverage A, B and C, applicable tleductibles for all coverages, and
Scheduletl Equipment for Coverage B are shown on the Dedarations page(s) or an accompanying Supplemental
Declarations Pa9e. .
Except as set forth in the Coverage A. Property Coveretl at 3. Below, coverage is only provitled where limits of
insurance, deductible amounts, and premium charges are specifiwlly statetl.
Insuring Agreement tor Installation Coverage (Coverage A�, If Coverage is Intlicatetl on the Declarations Page
In retum (or "youY' payment of ihe required premium, "we" pmvide ihe coverage describetl herein subject to all the "tertns"
of the Installation Coverage. This coverage is also subject to the "schedule of coverages" antl additional policy conditions
relating to assignment or iransfer of nghts or duties, cancellation, changes or modifications, inspections, antl examination
of books antl records.
Endorsements antl schetlules may also apply. They are identified on ihe "schedule of coverages" or supplemental
tleclarations.
Refer to Definitions for words and phrases ihat have special meaning. These wortls and phrases are shown in quotation
marks o� bold rype.
Property Coveretl
'�/Ve" cover the following praperty unless fhe pmperty is
otherwise excluded or subject to limitafions.
1. Covera9e -"We" cover tlirect physical loss
caused by a coveretl peril, including while in
iransit and while at storage locations not
otherwise describetl on the "schetlule of
coverages", to materials, supplies, machinery,
fiztures, antl equipment that "you" are installing,
consimcting or 'rigging' as part of "youY'
installation or construdion project.
For the puryoses a! this Coverage A. Insuring
Agreement an occurrence is defined as all
events resulting in loss to property coveretl
which occurs in one 24 hr. time penad.
2. Coverage Limitations -"We" only cover.
b. an installation or construction projeIX at "youY'
"jobsite".
7. Special Installation Coverage Pmvision. "We" will
pay up to $10pW for dired physical loss caused by
a covered peril to materials, supplies, machinery,
fixlures, and equipment ihat 'you" are installing,
construqing or "rigging" as pan of "your" installation
or construction proiect.
This coverage is afforded even if an amount for
Coverage A. is not intlicatetl on ihe "schedule o(
coverages".
Any coverage amount aHOrded under Coverage A.
of ihis fortn and shown in the "schetlule of
coverages" will 6e in addition �o �his Special
Installation Coverage limit.
a. materials, supplies, machinery, fiutures, and The Special installation Coverage shall be subject to
equipment that will become a pertnanent part of � 2 q„ and 5. Ot ihe Coverage A. Property
"your" completetl installation or consimction
project; and Coveretl provisions as well as the Property Not
Covered section, herein.
CM 70 72 09 72 IncluOes Copyri9htetl language tmm American Association of Insurarwe Services, liw., 2004, wRh tls permission. Page 1 of 17
CM 70 72 09 12
4. Materials, Supplies, Machinery, Firtures, And 2' Bo01ed�b9ildi 9is,ustructureso�rl nda �e1 do not
Equipment Means - Materials, supplies, machinery,
futures, antl equipment means: However, "we" do cover pmperty that is part of
a. "your" matenals, supplies, machinery, foctures, "your' installation or construction projea antl is in
and equipmenl; and connection with any building orStmcWre.
b. similar pmpetly of ofhers that is in "your" care, 7. Contraband -"We" do not cover wntraband or
wstody.orcontrol property in Ihe wurse of iliegal iranspohation or
tratle.
5. When Coverage Ceases - Coverage ends when 4 Machinery, Tools, Equipment -"We" do not cover
one of the foilowing firsl occurs�. machinery, tools, equipment, or similar propetly lhat
a. ihis policy expires or is canceled; will not become a permanent part of "your"
b. ihe covered installation or constmdion project is installation or consUUCtion projed.
accepted by lhe purchaser, � 5. Money And Securities -"We" do not cover
c. "youf' insurable interest in �he covered propeM1y e�Idences oflltlebtu lotlery t ckets oot Iheld for ealer
ceases; money, notes, or securities.
d. "you" abandon ihe installation or consiruction
projec� with no infent to complete tt; 6. Trees, Shmbs, Or Plants -"We" do not cover lrees,
shrubs, plants, or lawns.
e. ihe insfallation or construction project has been
completed for more ihan 30 days; or 7. Warerbome Property -"N1e" do not cover property
while waterbome except while in transit in ihe
t. the covered property has been put to its custody of a carrier for hire.
intended use. However, this does not appry to
roofsorwalls. 8. Undergrountl Property -"N1e" do not cover
propeM1y lhat is untlerground, in raissons or
Property Not Coveretl Installation Coverage underwater.
A9reement (Coverage A)
1. Airbome Property -"Wa" do not cover pmperty
while airborne except while in Vansit an a regularly
scheduled airline fligM.
Insuring Agreement For Contractors' Equipment (Coverage B�, If Coverage is Intlicated on the Declarotions Page
In retum for'your" payment ot the required premium,'We" provide ihe coverage described herein subject ro all the "lerms"
of the Contradors' Equipment Coverage. This coverage is also subject to the "schedule of coverages" and additional
pollcy conditions reiating lo assignment or transfer of ngMS or dutles, cancellation, changes or modifications, inspections,
and examination of books antl reco�ds.
Endorsemenis and schetlules may also apply. They are identified on ihe "schetlule of coverages" or supplemental
tleclarations.
Refe� to Definitions for wortls and phrases that have special meaning. These words and phrases are shown in quotation
marks or bold type.
Property Covered 2) "contradors' equipmenC' of others in "youf'
care, custody, orconirol.
"We" cover Ihe following property unless ihe property is b. Coverage Limitation -"N1e" onry cover (p
ezcludetl or subject ro limitations.
"youY"'contradors' equipmenC (2) "contrectors'
1. Scheduled Equipment - equipmenC' of others:
a. Coverage -"We" cover tlirect physical loss �) that is described on ihe "equipment
caused by a covered peril to: schetlule"1 and
1) "your" "coniractors' equipmenP", and 2) when Scheduled EquipmeN is indicated on
ihe "schedule of coverages".
CM70720912 InclutlesGOpYrigMetllanguaBe�mmAmericanASSOCia�ionoflnsuranceServices,Inc..2004,wtlhdspermission. Page2oH7
3) when "contracrors' equipment" of others is
not schetluled, subject to a$25,000
maximum limit unless that "contractors
equipmen�" is scheduletl.
2. Schetlule On File-
a. Coverage -"We" cover tlirect physical loss
causetl by a covered penl to:
7) "your" "contractors' equipmenY'; and
2) "contractors' equipmenf' of others in "your"
care, wstody, or coniml.
b. Coverage Limitation -"We" onry cover (1)
"your" "contractors' equipmenP' (2) "coniractors'
equipmenP' af others �
1) that is described on the "equipment
schedule"; and
2) when Scheduled Equipment is intlicated on
the "schetlule of covereges".
�) when "contractors' equipmenC of others is
not scheduled, subject to a$25,000
maximum limit unless that "contractors
equipmenP is scheduled.
Pmperty Not Covered Contractors' Equipment
Coverage,(Coverage B)
1. Aircraft Or Watercrak -"We" do not cover aircraR
or watercraft, including barges.
CM 70 72 09 12
2. Contraband -"We" do not cover contrabantl or
pmperty in ihe course ot illegal iranspotlation or
trade.
3. Leasetl, Loaned Or Rentetl Property -"We" do not
cover pmperly that 'you" lease, loan or rent to
others.
4. Underground Mining Operations -"We" tlo not
cover property while srored or operafed untlergrountl
in connection with any mining operations.
5. Vehicles -"We" do not wver auromobiles, moior
trucks, tractors, �railers, and similar conveyances
designed for highway use and used for over ihe roa0
transportation of people or cargo. However, ihis
does not include:
a. self-propelled vehicles designed and used
primariry to carry mounted equipment; or
b. vehicles designed for highway use that are
unlicensed and no� opereted on public roatls; or
c. consiruction trailers and portable storage units.
6. Waterborne Propeny -- "We" do not cover property
while waterbome except while in transit in the
custody o! a wrtier for hire.
7. Untlergrountl Property -"We" do not cover
property that is untlergmun4 in caissons or
underwater.
8. "Unschetluled EquipmenY' — Any item covered
untler Coverage C.
Insuring Agreement For "Unscheduletl EpuipmenY' Coverage (Coverage C), If Coverage is Indicated on the
In retum for "youf' payment of ihe requiretl premium, "we" provide the coverage described herein subject to all the "tertns"
o/ ihe "Unscheduled EquipmenC Coverage. This coverage is also subject to the "schedule of coverages" and atltlitional
policy contlitions relating to assignment ortransfer of nghls or duties, cancellalion, changes or motlifications, inspedions,
antl examinalion of books and recortls.
Endorsements and schetlules may also apply. They are itlentifed on the "schedule of coverages" or supplemenlal
declarations.
Refer ro Detinitions for words antl phrases fhat have special meaning. These wo�ds and phrases are shown in quotation
marks or bold type.
"Unschetluletl EquipmenY' Covered •unschetluled equipment" is $5,000. The most
"We" cover the following propetly unless the property is '�✓e" will pay in any one occurrence for bss to
exGUtled or subjecf to limitations. "your" "unscheduled equipment" is 810,0�0.
1. Your "Unscheduletl EquipmenP' -"We" cover Z. Employee Tools -
tlirect physical loss caused by a covered peril to a. Coverage -"We" cover direct physical loss
your 'unscheduletl equipmenL The mos[ "we" wused by a covered peril to "unscheduled
will pay for loss to any one piece of e ui ment" owned b
q P y "youf' employees.
CM 70 72 09 72 IncWGes Copyrigh[eG language from qmeriwn Associalion of Insurance Services, Ina, 2004, wi[h i5 permission. Page 3 of 17
b. Coverage Limitation -"We" only wver
"unscheduled equipment" owned by "youf'
employees while at a:
i) premises that "you" own or operate; or
2) „jabsite",
�) fmm a locked vehicle or locked tool box and
ihere is visible evidence of a forced eniry.
a Limit - The mos� "we" pay in any one
occurrence for loss to any one employee's
"unscheduled equipment" is $5,000, subjed to a
$10,000 aggregate. �
3. "Unscheduled Equipment" Leased, eortowed or
Ren[edfrom Others
a. Coverage "We" cover dired physical loss
caused by a coveretl peril to 'unscheduletl
equipmem" that "you" have leased, borrowed or
rented from others, but not including your
empioyees.
b. Coverage Limitation -°We" only cover
"unscheduled equipmenP ihat "you" have
leased, borrowed or rented fmm others up to a
limit of $10,000.
The most we will pay for all covered property in ihe
event of a bss is stated on the Declarations Page or
Supplemental Declaration(s) page. The most we will pay
CM 70 72 09 12
for any one ilem in ihe event of loss on or off Ihe
describetl premises is stated on the Declarations or
Supplemental Declaration(s) Page.
Property Not Coveretl, "Unscheduletl Equipment"
Coverege, (Coverage C)
1. Contraband -"We" do not cover coNraband or
property in the course of illegal transportation or
trade.
2. Leasetl, Loanetl Or Rentetl Property -"We" do not
cover property that 'you" loan, lease o� rent to
others.
3. Underground Mining Operations -"We" do not
cover property while srored or operated undergrountl
in connection with any mining operations.
4. Water6orne Property -"We" do not cover property
whiie waterbome except while in t�ansit in the
custotly of a carrier for hire.
5. Undergrountl Property -'We" do not cover
propetly ihat is untlerground, in caissons or
untlerwater.
6. Any ilem iha� exceetls $5,000 in value .
7. Any i�em schetluled in Coverage e., Contracmrs
Equipment.
Perils Coveretl, Applicable to Coverages A, B antl C
"We" cover nsks of tlirea physical loss unless ihe loss is limited or caused by a peril that is excluded.
Supplemental Coverages for Coverage A
Provisions That Apply To Supplemental Coverages - The following Supplemental Coverages indicate an applicable
"limit". This "IimiP' may also be shown on ihe "schedule of coverages".
If a tliffereN "IimiP' is indicatetl on the "schetlule of coverages", ihat "IimiP' will appry ins�eatl ot the "limi�" shown below.
However, if no "IimiY' is indicated for a Supplemental Coverage, coverage is providetl up to ihe full "limit"!or the applicable
covered property unless a diHerent "limit" is intlicated on the "schetlule o( coverages".
Unless otherwise indicate0, a"IimiP' for a Supplemental Coverage provitled below is separate from, and not part of, Ihe
applicable "limit" forcoverage describetl under Property Coveretl.
The "IimM" available for coverage describetl under a Supplemental Coverage:
a. is the only "limit" available Por �he tlescribetl coverage; and
b. is not ihe sum of the "limif' indicated for a Supplemenlal Coverage and the "limit" for coverage describetl under
Property Coveretl.
CM 70 72 09 72 Inclutles CopyrighteG language from qmerican Association of Insurance Services, Inc., 2004, wflM1 tls permissioa Page 4 of 17
CM 70 72 09 12
The "limif' pmvided untler a Supplemental Coverage cannot be combined or added to ihe "limit" for any other
Supplemental Covera9e or Coverage Extension indutling a Supplemental Covera9e or Coverage Extension that is atlded
to this policy by entlorsement.
If coinsurance provisions are part of ihis policy, the following supplemental coverages are not subject to and not
consideretl in applying coinsurance conditions.
Contract Penalty -
a. Coverage -"We" pay for ihe cost of coniractual
penalties for non-completion that "you" are
assessed or are required to pay because "you"
are unable ro complete work on a covered
installation or consimction project in accoNance
with ihe tertn5 of Condition5 of �he in5tallation or
consimction coniract.
b. Coverage Limitation -"YOUr" inabiliTy ro
complete "youf' installation or consiruction
prqect on time must be as a direct result of a
loss by a covered peril to a coveretl installation
or consimdion project.
a Limit - The most "we" pay in any one
occurrence for all contractual penalties is
5s,000.
2. Pollutant Cleanup And Removal -
a. Coverage -"Wa" pay "youf' expense to ealrad
"poilutanis" from land or water if the discharge,
dispersal, seepage, migration, release, or
escape of the "pollutanis" is caused by a
wveretl peril that occurs during ihe policy
period.
b. Time Limitation - The expenses to extract
"pollNants" are paid only if they are reported to
"us" in wriling within 180 tlays from the date the
covered penl ocwrs.
c. We Do Not Cover -"We" do not pay ihe cost of
testing, evaluating, observing, or recording the
ezistence, level, or effects of "pollutants".
However, "we" pay ihe cost of testing which is
necessary for [he exlredion of "polNtants" from
land or wa�er.
Supplemental Coverages for Coverage B
tl. Limit - The mos[ "we" pay for each location is
$10,000 for ihe sum of all such expenses arising
out of a covered peril ocwrting during each
separate 12-monih period ofihis policy.
3. Sewer Backup Coverage -
a. Coverage -'+JVe" cover direct physical loss to a
covered installation or wnstruction project
caused by:
1) water that backs up ihrough a sewer or
drain; or
2) water below ihe wrtace of the ground
including water ihat exens pressure on or
flows, seeps, or leaks ihmugh or imo a
covered building orstruc[ure.
b. Limit - The most "we" pay in any one
occurrence for loss caused by sewer backup
and water below ihe surtace is $5,000.
4. Testing-
a. Coverage -"We" cover direct physical loss lo
covered property caused by a covered peril that
results fmm �esting.
Testing includes start-up, performance, stress,
pressure, or ovetload testing of materials.
supplies, machinery, Poctures, and equipmem
that will become a permanent paA of a covered
installation or constmction project.
b. Limit - The most "we" pay in any one
ocwrrence for loss resWting from testing is
5s,aoo.
Provisions That Apply To Supplemental Coverages - The following Supplemental Coverages in0icate an applicable
"IimiP'. This "IimiY' may also be shown on the "schedule of coverages".
If a different "limif' is indicated on ihe "schedule of coverages", that "limif' will apply instead of the "limit" shown below.
However, if no "limif' is intlicated for a Supplemental Coverage, coverage is provided up to ihe full "limit" for the applicable
covered property unless a different "limif' is indicated on the "schedule of coverages". �
CM 70 72 09 72 Includes Gopyrightetl language fmm American Association of Insurance Services. Inn, 2004, wilh its permission. Page 5 of 17
CM 70 72 09 12
Unless otherwise indica�ed, a"limit" for a Supplemental Coverage provided below is separale from, and not part of, the
applicable "IimiN for coverege described under Property Covered.
The "IimiY' available for covera9e described under a Supplemental Coverage:
a. is the only "IimiP' available forthe describetl coverage; and
b. is not Ihe sum of the "IimiN indicated for a Supplemental Coverage and ihe "limit" for coverage tlescribed under
Propetly Covered.
The "IimiP' provided under a Supplemental Coverege cannot be combinetl or added to the "limit" for any other
Supplemental Coverage or Coverage Exlension inGudin9 a Supplemental Coverage or Coverage EMension Ihat is added
to this policy by endorsement.
If coinsurance provisions are part of ihis policy, ihe following supplemental coverages are not subject to and not
consiaered in applying coinsurence wnditions.
1. Equipment Leasetl, Borrowed Or Rented From This supplemental coverage will end when any
Others - of the fallowing first occuc
a. Covera9e -"We" cover direct physical loss 1� [his policy expires:
caused by a coveretl peril to "coniracmrs' y� 6o days after "you" obtain ihe additional
equipmenf' ihat "you" have leased, borrowetl or "contractors' equipment"; or
remetl from others.
b. Limit - The most "we" pay in any one 3) "you" repotl the additional "contracbrs'
ocwrrence for equipment leased borrowed or equipment"to"us".
rentetl from others is $100,000 when d. Additional Premium -"You' must pay any
"Conirac�ors' Equipment" is scheduled untler additional premium tlue (rom the date 'you"
Coverage B at ihe time of a covered loss, purchase the additional "contractors'
however, ihe most "we" will pay in any one equipmenP'.
occurrence fo� such �eMed , borrowed or leased 3. Pollutant qeanup And Removal -
equipment is reducetl to $5,�00 if no
"COntractors' EquipmenC is schetluled at ihe a. Coverage -"We" pay "your" expense to e#ract
time of a covered loss. "pollutanis" from land or water if the discharge,
c. Detluctible applica6le m Leasetl, Borrowetl dispersal, seepage, migration, release, or
or Rented Equipment - No tleductible applies escape of the 'pollutanis" is causetl by a
torthissupplementalcoveregeextension. coveretl peril ihat occurs dunng the policy
period.
2. Newly Purchased Property - b. Time Limitation - The expenses to exirad
a. Coverage -"We" cover tlired physical loss "pollutants" are paid only if ihey are reported to
caused by a covered peril ro additional "us" in writing within 180 days (rom the tlate the
"coniredors' equipmem" that "you" purchase covered penl occurs.
tlurin9 the policy penod �. We Do Not Cover -"We" do not pay the cost of
b. Limit - The most that "we" pay for any loss testing, evaluating, observing, or recording the
under this supplemental coverage is the least of existence, level, or effects of "pollutants".
ihe: However, "we" pay ihe cost of tesling which is
1 � actual wsh value of the covered property; or necessary for the ez[raction of "pollutanis" from
2) "limit" for newly purchased propetly landorwater.
indicated on the "schedule of coverages". If tl. Limit - The most "we" pay for each location is
no "limif' is intlicatetl, ihen 25% of Ihe $25,000 for the sum of all such expenses arising
Coverage B limits applies, subject to a out ot a covered peril occurring during each
maximum limit of 5100,000. separate 12-month period of Nis policy.
a Time Limitation -"We" extend wverage b Ihe 4. Rental Reimbursement-
additional "contractors' equipmenf' that "you" a. Coverage - In the event of a direct physical loss
purchase for up to 60 days. b tl 'I t � t
y a covere pen o your con rac ors
CM 70 72 09 72 Inclutles GopyrigMetl language Imm AmericanASSOCiation ot Insmance Services. Inc., 2�oa, wim i1s permission. Page 6 of 17
equipmenP', "we" reimburse "you" for "youf'
ezpense to rent similar equipment while "youY'
equipment is inoperable.
The detluctible amount indicated on ihe
"schetlule of coverages" does not appty to a loss
covered untlerthis supplemental coverage.
b. Waiting Period -"We" will not reimburse "you"
for the rental of equipment until atter ihe first 72-
hours (unless otherwise indicated on the
"schedule of cove�ages") following the tlirect
physical loss to "your" "coNractors' equipmenf'
caused by a covered penl.
c. Incurred Rental Ezpenses - Afler the waiting
periotl has passed, "we" will only reimburse
"you" for the rental expenses that "you" actualty
incur.
d. Coverage After Expi�ation Date -"We" will
wntinue to reimburse "you" for ihe rental of
equipment after ihe expiration date ot this
coverage, providetl the loss occurred before the
ezpiration date.
e. Coverage Limitations -"We" wiil not reim6urse
"you":
7) if "you" can continue or resume "youY'
operations with similar equipment ihat is
available to 'you" at no additional ezpense
to'you"; or
CM 70 72 09 12
Limit - The most "we" reimburse "you" in any
one occurrence for rental expenses is $25,000.
5. Spare Parts And Fuel -
a. Coverage -"We" cover direct physical loss
caused by a covered penl to:
7) spare paris and accessories for "coniractors'
equipmenP'; and
2) fluids for vehides antl "wntractors'
equipment"; fluids inclutle gasoline, oil, and
hydraulic Ouid.
b. Limit - The most 'We" pay in any one
occurrence for loss to spare parts antl
accessories is $5,000.
6. Equipment Leased, Loanetl or Rentetl to Others-
a. Coverage- °We" pay for direct physical loss
caused by a covered peril to covered
°wntractors equipment" ihat you" lease, loan
orreniro othercomractors orintlividuals.
b. Coverage Limitation- "We" onty cover loss to
"contractors equipment" that you" lease, loan
or rent �o others while ihe property is at a
"jobsite" where "you" also operate.
a Limit-The most `we" pay in any one occurrence
for loss to "contraclors equipment" that you"
lease, loan or rent to o�hers is $100,000 unless
�another amount is shown on the "schedule of
2) for the rental expense of any equipment coverages".
unless "you" make every reasonable effotl
to repair, replace, or rebuild ihe inoperable tl.7ime Limitatioo- `We" will pay for tlirect
equipmenf atler the loss by a covered peril physical loss to "contractors equipmenC only it
ocwrs � it is reporled to "us" in writing within 60 days
fmm ihe date that Ihe covered peril occurs.
Coverage Extensions for Coverages A, B and C
Provisions That Apply To Coverage Eztensions - The following Coverage Ea1ensions indicate an applicable "limiC'.
This "limif' may also be shown on ihe "schetlule o( coverages".
I( a different "IimiN is indicated on ihe "schedule of mverages", that "limit" will apply inslead of the "IimiP' shown below.
However, if no "limif' is indicated Por a Coverage Eutension, coverage is providetl up to the full "limit" for ihe applicable
coveretl property unless a diHerent "limit" is indicatetl on the "schedule o( coverages".
Unless otherwise intliwted, the wverages pmvitletl below are part of and nof in addition to the applicable "limif' for
coverage described under Property Covered.
The "IimiY' provided under a Coverage E#ension cannot be wmbinetl or added ro ihe "limit" for any other Covera9e
Extension or Supplemental Coverage including a Coverage Extension or Supplemen[al Coverage [hat is addetl to ihis
policy by endorsement.
If coinsurance provisions are patl of this policy, the following coverage e�Rensions are not subject to and not consitlered in
applying coinsurance conditions.
CM 70 72 09 72 Irslutles Copyrighted language from American Association of Insurance Services, Inc.. 2004, wiN ils permission. Page 7 of 17
7. �ebrisRemoval-
a. Coverage -"We" pay the cost lo remove ihe
debris of coveretl property that is caused by a
covered penl.
b. We Do Not Cover - This coverage does not
inclutle wsts to:
1 � e�rac� "pollutants" fmm lantl or water, or
2� remove, restore, or replace polluted land or
water.
a Limit -"We" do not pay any more under ihis
coverage �han 25% of Ihe amount "we" pay IDr
ihe tlirect physical loss. "We' will not pay more
for bss m propeny and debris removal
combined ihan �he "limit" for ihe tlamaged
property.
tl. Atltlitional Limit- "We" pay up to an additional
$5,000 for debris removal expense when ihe
debris removal expense exceeds 25% of ihe
amount "we" pay for direct physical loss or when
ihe loss to property antl debris removal
combined exceetls ihe "limit" for ihe damaged
propeny.
e. You Must Report Your Expenses -"We" tlo
not pay any expenses unless ihey are repotletl
to "us" in w�iting within 180 days from the date of
direct physiwl loss to coveretl property.
2. EmergencyRemoval-
a. Coverage -"We" cover any direct physical loss
to coveretl property while it is being movetl or
being stored to prevent a loss caused by a
covered penl.
b. Time Limitation � This coverage applies for up
to ten days afler the property is frst moved.
Also, Ihis coverage tloes not ea1entl past the
date on which ihis policy expires.
3. Limiretl Fungus Coverage --
a. Coverage -"We" pay for tlirect physical loss to
covered propeAy causetl by or relating �o �he
existence of or any activity of "fungus".
b. Coverage Limitation -"We" only cover loss
causetl by "fungus":
1) when the "tungus" is ihe resWt oE
a) a"specified peril" other than fire or
lighining; or
b) "FlOOd" (if the Flood Coverage is
pmvitled underihis policy);
CM 70 72 09 72
CM 70 72 09 12
ihat occurs during �he policy period; and
2) if all reasonable steps were taken to protect
ihe property (mm atldAional damage at and
afier ihe time of the oaurrence.
c. Limit - The most "we" pay for all losses at all
inslallation or consimction projeqs is 515,000,
unless another "limit" is indiwtetl on lhe
"schedule of coverages". The Limitetl Fungus
Limit applies regardless of the number of claims
made.
The LimRed Fungus Limit appiies regartlless of
the number ot locations, builtlings or siructures,
or projects insuretl underihis policy.
The Limited Fungus Lim� is ihe most that "we'
pay for ihe total of all bss or damage arising out
of all ocwrrences of "specified perils", other
than fre or lighining, or "flood" (iF applicable)
tluring each separate 12-month period beginning
with the inception date of ihis policy.
d. If The Policy Periotl Is Extendetl - If the policy
period is e�ended for an atltlitional periotl of
less than 12 months, ihis additional period will
be consitlered patl of the preceding period for
Ihe purpose of determining the Limitetl Funqus
Limit.
e. Recurrence Antl Continuation Ot Fun9us -
Limited Fungus Limit is ihe most Ihat "we" pay
with respect to a specific occurrence of a loss
which resulis in "fungus" even if such "fungus"
rewrs or continues ro exist during ihis o� any
fu�ure palicy periotl.
f. Limit Applies 7o Other Costs Or Expenses -
Limited Fungus Limit also applies to any cost or
expenseto:
1� dean up, contain, ireat, tletoxiry, or
neutral¢e "lungus" on covered property or
remove "fungus" from covered propeny;
2) remove and replace ihose parts of covered
pmperty necessary lo qain access �o
"fungus"; and
3) test for the existence or level of "fungus"
tollowing the repair, replacemeM,
restoration, or removal o/ damaged propeAy
if it is reasonable to believe that "fungus" is
present.
g. Loss Not Caused By Fungus -- If ihere is a
covered loss or damage to coveretl propetly not
caused by "(ungus", loss payment will not be
limited by the'Yerms" of ihis coverege e�ctensian.
Page 8 of 77
IncWCes Cepyrighhtl language tmm American Association of Insurance Services. Inc, 2004, wi[h its permission.
However, to the e�ctent ihal "fungus" causes an
increase in the loss, that increase is subject to
Ihe "tertns" of ihis coverage e�Rension.
Perils Excludetl for All Coverages Or As Notetl
1. "We" tlo not pay for loss or damage caused directly
orindirectly by one ormore ofihefollowing excluded
causes or evenis. Such loss or tlamage is exclutletl
regardless of other causes or evenfs that contribute
to or aggravate ihe loss, whether such causes or
events acl to produce �he loss before, at ihe same
time as, or after the ezcluded causes or events.
a. Civil Authoriry -"We" do not pay for loss
caused by orUer of any civil authority, inGuding
seizure, confiswtion, destmction, or quarantine
of praperty.
"We" do cover loss resulting from acis of
tlestruction by ihe civil authordy to prevent ihe
spreatl of fire, unless the fire is causetl by a perii
exdutletl underihis coverage.
b. Earth Movement Or Volcanic Eruption
(Coverage A Only) -"vVe" do not pay for loss
caused by any "earth movement" (other �han
"sinkhole wllapse") or caused by eruption,
explosion, or effusion of a volcano.
"We" do cover dired loss by fire, explosian, or
"volcanic action" resulting from ei�her "earth
movemenf' or emption, explosion, or effusion of
a volcano.
This exclusion does not apply to covered
properly while in iransit.
a Flood (Coverage A Only) -"We" tlo not pay for
loss caused by "flood".
"We" do cover diren loss by fire, explasion, or
sprinkler leakage resulting from "Flootl".
This exclusion tloes not apply ro covered
propetly while in iransit.
d. Fungus (COVerage A Oniy) - Except as
provided under Coverage EMensions - Limited
Fungus Coverage, "we" do no� pay for loss,
cost, or expense caused by or relating ro ihe
existence of or any activity of "fungus".
But if "fungus" results in a"specifietl peril", we
wver loss or damage caused by that "specified
peril".
This exclusion tloes not apply to:
CM 70 72 09 12
1) loss that results from fire or lightning; or
2� collapse causetl by hidtlen decay.
e. Nuclear Hazartl -"We" do not pay for Ioss
caused by or resulling fmm a nudear reaction,
nuclear radiation, or ratlioactive contamination
(whether controlletl or unconimlled; whether
causetl by nalural, accitlental, or artiticial
means). Loss caused by nuclear hazar0 is not
considered loss caused by fire, explosion, or
smoke. Direct loss by fire resW�ing from ihe
nuclear hazard is coveretl.
f. Ordinance Or Law (COVerage A Only) -'We"
do not pay for loss or increased cosl causetl by
enforcement of any code, ortlinance, or law
regula�ing the use, consiruction, or repair of any
building or struGUre; ar requiring the demolition
of any builtling or stmcture including ihe cost of
removing its debris.
"We" do not pay for loss regardless if the loss is
causetl by or resWts fmm the:
1) enPorcement of any code, ordinance, or law
even if a building or strudure has not been
damaged; or
2) -increased cosis that"you"incur because of
"your" compliance with a code, ordinance, or
law during ihe consimction, repair,
rehabilitation, remotleling, or razing of a
builtling or stmcture, including the removal
o( debns, foilowin9 a direct physiwl loss to
the property.
g. Penalties (COVerage A Onty) - Eecept as
provided under Suppiemental Coverages -
Contrad Penalty, "we" do not pay fo� loss
causetl by penaities for noo-compietion or non-
compliance with any coNract tertns or
conditions.
h. Sewer Backup Antl Water Below The Surtace
(Coverage A Only) - Except as pmvided under
Supplemental Coverages - Sewer Backup
Coverage, "we" tlo not pay for loss caused by:
1) water that backs up through a sewer or
tlrain; or
CM 70 72 09 72 IncluGes Copyriqhtetl language �rom Fmerican qssociation of Insorarwe Services, Inc., 200a, wi1Fi its permission. Page 9 of 77
_�
2) water helow She surtace of ihe ground,
inUUding bul nol limited ro water that exeris
pressure on or flows, seeps, or leaks
ihrough or into a covered buiiding or
siNCture.
"We" da cover direcl loss by fire, explosion, or
lheft resulting from either water that backs up
ihrough a sewer or drain or water below the
surtace ofthe grountl.
This exclusion does not apply to covered
propeAy while in transit.
i. War And Military Action -"�Ne° do nol pay for
loss causetl by:
t) war, including undeclared war or civil war, or
2) a warlike action by a military force, including
action taken to prevent or tlefend against an
actual or expedetl attack, by any
govemmem, sovereign, or other aNhoriry
using milltary personnel or other agents; or
3) insurreclion, rebellion, revoWtion, o� uniawful
seizure of power inciuding aclion �aken by
governmental authority to prevent or defend
against any of these.
With regard to any adion lhat comes within ihe
"terms" of ihis exclusion and invoNes nuclear
reaclion, nuclear ratliation, or ratlioactive
contamination, this War and Military Action
Exclusion will apply in place of ihe NuUear
Hazard Exclusion.
2. "We" do not pay for loss or damage that is caused
by o� resuHS from one o� more o(ihe following:
a. Contamination Or Dete�ioration -"We" do not
pay for loss causetl by contamination or
delerioration including wrrosion, decay, rust, or
any quality, faWt, or weakness in covered
property lhat wuses it to damage o� desimy
itself.
8ut if contamination or tleterioration resulis in a
covered peril, "we" do cove� the bss or damage
caused by ihat coveretl peril.
b. Criminal, Fraudulent, Dishonest Or Illegal
Acts -"We" do not pay for loss causetl by or
resulting from criminal, frautlulent, dishonest, or
illegal ads committed alone or in collusion with
anotherby:
�) „You";
2) o�hers who have an interest in the property;
CM 70 72 09 12
q) "your" paAners, officers, direqors, irustees,
joiN ventures, o� "your' members or
managers if "you" are a limited liability
company; or
5) the employees or ageNS of (1), (2). (3), or
(4) above, whether or not ihey are at wo�k.
This exclusion tloes not apply to aIXS of
desimctian by "your" employees, but "we" do mt
pay for theft by employees.
This exUUSion does not apply lo covered
property in the custotly of a cartier for hire.
c. Defects, Errors, Antl Omissions (COVerage A
Only) -"We" do not pay for loss caused by.
t) an act, defect, error, or omission (negligent
or not) relating to:
a� designorspecifcations;
b) workmanship or consimction; or
c) repair, renovation, or remodeling; or
2) a defect, weakness, inadequacy, fault, or
unsountlnessin materials.
Bul if a defect. erroG o� omission as described
above resuits in a covered peril, "we" do cover
the loss or damage caused by that covered peril.
d. Electrical Currents (COVerage A Only) -"Wa"
do not pay for loss causetl by arcing or 6y
electriwl currenis otherthan lightning.
But if arcing or electrical currents olher than
lightning result in a covered peril, "we" do cover
the loss or damage caused by that covered peril.
However, this exclusion does not apply to loss
resWting fmm testing as specifcally provided
under Supplemental Coverages - Testing.
e. Ezplosion, Rupture, Or Bursting (COVera9e A
Only) -"We" do not pay for loss caused by
explosion, rupture, or bursting of steam boilers,
steam or gas turbines, steam pipes, or steam
engines.
This exclusion applies only to loss or damage to
the steam boilers, steam or gas turbines, steam
pipes, or steam engines in which lhe loss
occurred.
f. Loss Of Use -"We" do not pay for loss caused
by or resulting from loss of use, delay, or loss of
market.
3) others to whom "you" enirust the property;
CM 70 72 09'12 Indutles CopYrightetl language �mm Pmerican Association of Insurance Services, Inc., 2004, wi�h its peimission. Page 10 of 17
g. Mechanical Breaktlown -"We" tlo not pay for
loss caused by mechanical breakdown or
rupturing or buating of moving pans of
machinery causetl by centnfugal fome.
But if a mechanical breakdown or mpturing or
bursting of moving parts of machinery caused by
centrifugal fome results in a covered peril, "we"
do cover the loss or damage caused by ihat
coveretl peril.
However, this exclusion does not apply to loss
resulting from testing as specificaity providetl
under Supplemental Coverages - Testing.
h. Missing Property -"We" do not pay for missing
� property where ihe oniy proof ai loss is
unexplainetl or mystenous disappearance of
coveretl propetly, or shotlage of property
discovered on taking inventory, or any other
instance where there is no physiral evidence to .
show what happened to ihe coveretl propeny.
This exclusion tloes not apply to covered
property in ihe custody of a carrier for hire.
i. Pollutants -"We" do not pay for loss caused by
o� �esulting from release, discharge, seepage,
migration, dispersal, or escape of"polWtants":
1) unless the release, discharge, seepage,
migration, dispersal, or escape is caused by
a "specified penl"; or
cM �a 7z as tz
2) except as specifically provided untler Ihe
Supplemental Coverages - Pollutant
Cleanup and Removal.
"We" do cover any resulting loss caused by a
"specified penl".
j. TemperaturelHumidiry -"We" tlo not pay for
loss caused by dryness, dampness, humidiry, or
changes in or exfremes of temperature.
But if dryness, dampness, humidiy, or changes
in or exiremes of temperature results in a
covered peril, "we" tlo cover ihe loss or damage
caused by ihat coveretl peril.
k. Voluntary Parting -"We" do not pay for loss
caused by or resulting from voluntary parting
with title to or possession of any pmpetly
because of any frautlulent scheme, tnck, o� false
pretense.
I. Wear Antl Tear -"We" do not pay for loss
caused by wear and tear, marnng, or scratching.
eut if wear and tear, marring, or scratchin9
resutls in a wvered peril, "we" do cover ihe loss
o� damage wusetl by ihat covered peril.
Detluctibles Applicable to Coverage A, B and C, as Shown on the Declarations Page �
The Coverage Detluctible shown on ihe Dedarations Page will apply to each loss afler all other adjustments have been
matle. If a given loss involves more than one coverage part, only the highest deductible applies.
What Must Be Done In Case of
1. Notice - in case of a loss, "you' must:
a. give "us" or "ouf' agent prompt nofice inGuding
a description of �he property involved ("we" may
request wntten notice); and
b. give notice to the police when the act that
causes ihe loss is a crime.
2. You Must Protect Property -"YOU" must take all
reasonable s�eps b protect covered propetly a� antl
after an insured loss to avoid Futlher loss.
a. Payment Of Reasonable Costs -"We" tlo pay
the reasonable costs incurred by "you" for
necessary repairs or emergency measures
pertortnetl solery to protect cavered propetly
fmm futlher damage by a peril insured against if
a peril insured against has already caused a
loss to coveretl pmperty. "You" must keep an
accurate record of such cos�s. "OUY' payment of
reasonable wsts does not increase ihe "limif'.
b. We Do Not Pay -"We" do not pay for such
repairs or emergency measures pertormetl on
property which has not been damagetl by a peril
� insuretl against.
3. Proof O( Loss -"YOU" must sentl "us", within 60
tlays afier "our" request, a signed, swom pmof of
loss. This must inGude the following information:
a. ihe time, place, and circumstances of the loss;
b. other policies of insurance that may cover ihe
loss;
CM 70 72 09 72 Inclutles CopYrigh[etl language from Fmerican Associalion of Insurance Services. Inn, 2004, wilh As permission. Page 77 of 17
a "your" interest and the interests of all oMers in
ihe property invoNeQ including all mortgages
and liens;
tl. changes in title of ihe covered property during
ihe policy period; and
e. estimates, specifications, inventories, and other
reasonable information ihat "we" may require to
settle ihe loss.
6. Examination -"YOU" must submi� �o examination
under oath in matters connected with the loss as
oflen as "we" reasonably request and give "us"
swom statements of �he answers. If more than one
person is examined, "we" have the right to examine
and receive statemems separately and not in the
presence of others.
5. Recortls -"YOU" must produce records, including
tax retums and bank microflms of all canceletl
Valuation
1.
2.
3.
Actual Cost To Repair, Replace, Or Rebuild
(Coverage A ) -
a. The Value Will Be Based On - The value of
covered property will be basetl on Ihe lesser of
ihe following amounts:
1) The actual cost to repair, replace, or rebuiltl
Ihe covered property with materials of like
kind and quality. The actual cost may
indude matenal, labor, reasonable overhead
and pmfit, antl tlelivery charges.
2) The amount "you" acNalty spentl to repair,
replace, or rebuild the covered property.
b. Payment Limitation - In no event will 'We" pay
more than ihe "IimiP' indicated on ihe "schedule
ofcoverages".
Pair Or Set (COVe�age A, B antl C) - The value of a
lost or tlamaged article iha� is patl of a pair or set is
based on a reasonable proportion of Ihe value oi ihe
entire pair or set The loss is not consitlered a total
loss of the pair or set.
Loss To Parts (COVerage A, B and C) - The vaiue
of a lost or damaged paA of an item �hat wnsists of
several parts when it is complete is basetl on ihe
value of only Ihe lost or damaged part or the cost to
repair or replace it.
CM 70 72 09 12
checks relating to value, bss, antl expense and
permit copies antl exirects ro be made of ihem as
ofien as "we" reasonabty request.
6. Damaged Property -"YOU" must exhibit the
damaged and undamaged propeny as often as "we"
reasonabry request and allow "us" ro inspect or take
samples of the property.
7. Volunteer Payments -"You" must not, except at
"your" own expense, voluntarily make any payments,
assume any obligations, pay or offer any rewards, or
incur any other expenses except as respects
protecting property from further damage.
8. Abandonment -"YOU" may not abandon ihe
property to "us" without "ouf' written consenl.
9. Cooperation -"YOU" must cooperate with "us" in
pertorming all acts required by this policy.
4. Actual Cash Value (COVerage B antl C) - The
value of covered property will be basetl on ihe actual
cash value at the time of the loss (with a tleduction
for tlepreciation) unless replacement cost is
indicatetl on the "schetlule of coverages".
a. Replacement Cost Limitation (Coverage B
and C) - The replacement cost, when
applicable, is limited �o ihe cost of repair or
replacement with similar materials antl used for
the same purpose. The payment will not exceed
ihe amount'you" spend to repair or replace the
damagetl ordesiroyed pmpetly.
b. Replacement Cost Does Not Apply Until
Repair Or Replacement (COVerage B antl q-
Replacement cost valuation tloes not apply until
the tlamaged or destroyed property is repaired
or replaced.
a Time Limita[ion For (COVerage B and C) -
"You" may make a claim for actual wsh value
before repair or replacement takes place, and
later for the replacement wst if "you" notify "us"
of"your"intent within 180 days afterihe loss.
CM 70 72 09 72 Inclutles CopYrighted language fmm Amadcan Associa�ion o( Insurance Services, Ina, 2004, wRh ils permissioa Page 72 of 77
HowMuchWe Pay
1. Insurable Interest -"We" do not pay for more than
"your" insurable interest in any propeny.
2. Detluctible -"We" pay only ihat part of "your" loss
over the deductible amount indicated on the
"schetlule o! coverages" in any one occurrence.
3. Flat Detluctible (COVerage B) -"We" pay onry that
part of "youf' loss over ihe deductible amount
intlicated on ihe "schedule of coverages" in any one
occurrence unless Percentage Deductible is
indicated on the "schetlule of coverages".
d. Percentage Detluctible (Coverage B) - When a
percentage deductible is indicated on the "schedule
of coverages", "we" pay only that part of'youf' bss
overihe tleductible amount as determined below.
a. De[ermining The �etluctible Amount - The
tleductible amount is determined by applying ihe
percentage indicated on the "schedule of
coverages"to the value ofihe covered property
that is invoNed in ihe loss. The value is
determined by the provisions described under
the Valuation section of ihis policy.
b. Two Or More Items - If a loss invoNes two or
more pieces of equipment, ihe percentage
indicatetl on the "schedule oi coverages" will
apply only to the coveretl property with ihe
highest value.
c. Minimum and Maximum Detluctible - The
percentage deduIXible will not exceed ihe
Maximum Deductible amount and will not be
less than ihe Minimum Deductible amount
indicated on ihe "schedule of coverages'.
5. Earthquake Period - All earthquakes or voicanic
eruptions ihat occur within a 168-hour period will be
considered a single loss. This 168-hour period is not
limifed by the policy expiration.
6. Loss Settiement Terms - Subjecl to paragrephs 1., g,
2., 3., 4., 5. ,7., 8., and 9. under How Much We Pay,
"we" pay the lesser of�
a. lhe amount de�ermined under Valuation;
b. ihe cost to repair, repiace, or rebuiltl the
property with material of like qntl and quality to
ihe e�ent praGicable; or
c. ihe "limit" that applies to ihe covered propetly.
However, the most "we" pay for loss in any one
occurrence is the Catastmphe Limit indicatetl on
ihe"schedule ofcove�ages".
CM 70 7T 09 12
7. Coinsurance
a. When Coinsurance Applies -"We" onty pay a
part of ihe bss if ihe "limif' is less ihan ihe
percentage of ihe value oFthe covered properiy
thatis indicated on ihe "schedule o( coverages".
Coinsurance does not apply to Coverage C.
"Unscheduled Equipment".
b. How We Determine Our Part Of The Loss -
"Our" part of ihe loss is determined using �he
following steps:
1) multipry the percent intlicatetl on �he
"schedule o! coverages" by ihe value of the
covered property at ihe time of loss;
2) divitle ihe "limit" for coveretl property by ihe
result detertnined in b.i) above;
3) multipty ihe totai amount of loss, afler the
application of any tletluctibie, by ihe result
defermined in b.2) above.
The most "we" pay is ihe amount determined in
b.3) above or the "IimiP', whichever is less. "We"
do not pay any remaining patl of the loss.
c. If 7here Is More Than One Limit - If there is
more ihan one "IimiY' indiwted an ihe "schedule
of coverages" for ihis coverage patl, ihis
procedure applies separatety to each "limif'.
tl. If There Is Only One Limit - If there is only one
"IimiP' intlicated on ihe "schedule of cove�a9es"
for ihis coverage, ihis procedure applies to the
btal of ail covered pmpeAy to which ihe "IimiY'
applies.
e. When Coinsurance Does Not Apply -
Contlitions for coinsurance do not apply unless a
coinsurance percenia9e is indicated on the
"schetlule of coverages".
Insurance Untler Mo�e Than One Coverage - If
more than one coverage of this policy insures the
same loss, "we" pay no more ihan ihe actual claim,
loss, or tlamage sustained.
9. Insurance Untler More Than One Policy-
a. Proportional Share -"YOU" may have another
policy su�ject to the same'Yerms" as this policy.
If "you" do, "we" will pay "ouf' share of the
covered loss. "Our" share is ihe prapotlion ihat
the applicable "limif' untler ihis policy bears to
the "IimiP' of ail policies covering on the same
basis.
CM 70 72 09 72 InduCes Copyrightetl language from American Associa�ion of Insurance Services, Inn, 2004, wRh its permission. Page 7J of 17
b. Excess Amount - If there is another policy
covenng ihe same loss, other than that
tlescnbed a6ove, "we" pay ony for ��e amow�
oi coveretl loss in excess of ihe amount due
from ihat ofher policy, whether'you" can colled
Loss
1. Loss Payment Options -
a. Our Options - In ihe event of loss covered by
ihis raverage tortn, "we" have the Following
options:
1) pay the value of ihe bst or damagetl
propetly;
2) pay the cost of repairing ar replacing Ihe lost
or damaged propetly;
3) rebuil4 repair, or replace the property with
other pmpetly of equivalent kintl and quality,
to the euteN pradicable, within a reasonable
time; or
4) take all or any part o! the property at the
agreetl or appraisetl value.
b. Notice Of Our Intent To Rebuild, Repair, Or
Replace -"We" must give "you" notice of "our'
inteM to rebuild, repair, or replace v✓ithin 30 days
aher receipt of a duly execufed proof of loss.
2. Your Losses —
a. Atljustment And Payment Of Loss -"We"
adjust all bsses with 'you". Payment will be
made fo "you" unless another loss payee is
named in the policy.
Other Conditions
1. Appraisal - If "you" and "we" do not agree on the
amount of the loss or the value of coveretl property,
ei�her patly may tlemantl ihat these amounis be
determined by appraisal.
If either makes a written tlemand for appraisal, each
will select a competent, independem appraiser and
notify ihe other of the appraisefs identiry within 20
tlays of receipt of the written tlemantl. The two
appraisers will then select a competent, impanial
umpire. If the two appraisers are unable to agree
upon an umpire wilhin 15 days, "you" or "we" can
ask a judge of a court o! record in ihe stale where
the property is located to select an umpire.
cM�ono9�z
on it or noL Bul "we" do not pay more ihan ihe
applicable "limif'.
70. Discovery Periotl tor Loss - We will pay only for
covered loss discoveretl no later Ihan one year fmm
the end o! ihe policy period.
b. Conditions For Payment Of Loss - An insured
loss will be payable 30 days aftec
1) a satisfactory proof of loss is received; and
2) Ihe amount of ihe loss has been eslablished
either by written agreemem with "you" or the
filing of an appraisal awartl with "us".
3. Property OT Others -
a. Atljustment Antl Payment Of Loss Ta
Praperty Of Others - Lasses to property of
others may be adjusted with antl paidto:
1) "you" on behalf of ihe owner, or
2) the owner.
b. We Do Not Have To Pay You If We Pay The
Owner - If "we" pay ihe owner, "we" do not have
to pay 'you". "We" may also choose to defend
any suits brougM by ihe owners at "our"
expense.
The appreisers will ihen determine and stafe
separately the amount of each loss. �
The appraisers will also determine the value ot
covered property items at ihe time of ihe loss, if
requestetl.
I� the appraisers submit a wntten repon of any
agreemem to "us", the amount agreed upon will be
the amouni of Ihe loss. If the appraisers fail fo agree
within a reasonable time, they will submit onty iheir
differences to the umpire. Wrftten agreement so
itemized and signed by any two of ihese three, sets
Ihe amount of the loss.
CM 70 72 09 12 Indudes Copyrigh�etl language tmm Ameriwn Associa�ion of Insuranca Services. Inc.. 20�4, wiUi its permission. Page 1A o} 17
Each appraiser will be paid hy ihe party selecting
ihat appraisec Other expenses of ihe appraisal and
the compensation of the umpire will be paitl equalty
by "you" and "us".
2. Benefit To Others - Insurance under this coverage
will not directly or indirectly beneft anyone having
custody of "your" pmperty.
3, Conformity With Statute - When a condition of this
coverage is in conflid with an applicable law, that
condition is amended to conform to ihat law.
4. Estates - This provision applies only if ihe insureA is
an individual.
a. Your Death - On "your" death, "we" cover the
following as an insured:
(i) the person who has wstody of "your"
pmpetly un�il a legal represen�ative is
qualifed and appointed; or
(2) 'your" legal representative.
This person or organization is an insuretl only
with respecl to praperty covered by ihis
coverage.
b. Policy Periotl Is Not Extentled - This coverage
does not e�end past the policy period indicated
on the declaralions.
5. Liberaliza[ion — �f 'We" adopt any revision that
wouitl broaden the coverage under ihis policy
wi�hout additional premium wi�hin 60 days prior to of
tluring the policy period, ihe broadenetl coverage
will immetliately apply to ihis policy.
6. Misrepresen[ation, Concealment, Or Fraud - This
coverage is void as to "you" and any other insuretl if,
before or after a bss:
a. "you" or any other insuretl have willfully
concealedormisrepresented �
t) a matenal fad or circumstance that relates
to this insurance orihe su6jedihereof; or
2) "your"interest herein.
b. ihere has been Frautl or false swearing by'you"
or any other insuretl with regartl to a mafler ihat
relatestolhisinsurance orthe subjed thereof.
7, Policy Period -'We" pay for a covered loss that
occurs during the policy period.
8. Recoveries - I( "we" pay'you" for the bss and lost
or damaged pmperty is recovere4 or payment is
made by ihose responsible for ihe loss, ihe following
provisions appry:
CM 70 72 09 12
a. "you" must notify "us' promptly if "you" recover
property or receive payment;
b. "we" must notity "you" promptry if "we" recaver
property or receive payment;
c. any recovery expenses incurred by either are
reimbursed first;
d. "you" may keep the recovered property but "you"
must refuntl to "us" ihe amount of the claim paid
or any lesser amount to which "we" agree; and
e. if ihe claim paitl is less Ihan Ihe agreed loss due
to a detluctible or other limiting "terms" of this
policy, any recovery will be pmrated between
"you" and "us" based on "our" respective imerest
in ihe loss.
9. Resroration Of Limits - Except as intlicated under
Limited Fungus Coverege, a bss "we" pay under
ihis wverage does not reduce the applicable "limits".
10. Subrogation - If "we" pay for a loss, "we" may
require "you" ro assign to "us" "your" right of
recovery against others. "You" must do all that is
necessary to secure "our" rigMS. "We" do not pay Por
a loss if'you" impair ihis right to recover.
"Vou" may waive "your" rigM ro recover from others
in writing before a loss occurs.
17. Suit Against Us - No one may bring a legal action
against "us" underthis coverege unless:
a. all of �he %ertns" of �his coverage have been
wmplied with; and
b. ihe suit has been brought within iwo years afler
"you" frst have knowletlge of the loss.
If any applicable law makes Ihis limitation
invalid, then suit must begin within the shoAest
period pertnitted bylaw.
72. Terrimrial Limits -"We" cover pmperty while i� is in
ihe United States of America, its terrirories and
possessions, Canada,and Pueho Rico.
1 a. Carriers For Hire -"You" may accept biils of lading
or shipping receipis issued by carriers for hire ihat
limit Iheir lia6ility to less Ihan the actual cash value
ofihe coveretl propeny.
CM 70 72 09 72 Inclutles Copyrightetl language from American Association ot Insurance Services, Inn, 2004, with As permission. Page 15 0(17
�.
Oefinitions
1.
2.
3.
4.
5.
6.
7.
The words "you" and "your" mean ihe persons or
organizations named as ihe insured on the
declarations.
The wortls "we", "us", and "our" mean the company
providing this coverage.
"COntrectors' equipmenf' means scheduletl
machinery, equipment, and tools of a mobile naWre
tfiat "you" use in "your" contracting, installatlon,
erection, repair, or moving operations or projeqs.
^COntractors' equipmenC' also means:
a. self-pmpelled vehicles designetl and usetl
pnmany fo carry mounted equipment; or
b. vehicles designeq for highway use that are
unlicensed and not opereted on public roads.
c. consVUCtio� trailers and portable storage units,
while at "jobsites", at "youf "pertnanent yartl" or
at a location for repaic This means
irensportab�e irailer(s) or portable storage unit(sj
which "you" own, rent or lease and in °youP
care, custotly, or conirol while used as an off�ce
or to� storage and "your' contenis 2nd the
contents of others in the construction treiler(s) or
portable storage unit(s).
"EaAh movemenC' means any movement or vibration
of ihe earth'S surtace (other lhan "sinkhole collapse")
induding but not limited to eaAhquake; lantlslitle;
mudtlow; mudslide; mine su6sidence; or sinking,
rising, or shifting, of earth.
"Equipment schedule" means a schedule of
"coniradors' equipment" ihat is 2ttached to ihis
policy and that describes each piece of covered
equipment.
"Flootl" means flood, surface wa�er, waves, tidal
water, or the overflow of a �ody oi wateL all whether
driven by wintl or noL This includes spray thai
resWts from these whether driven by wind or not.
"Fungus" means:
a. a fungus, including but not limftetl to mildew antl
moltl',
b. a pmtist, including but not limiteq (o algae and
slime mold;
c. wet rot and dry rot;
tl. a bacterium; or
CM 70 72 09 Y2
e. a chemical, matter, or compound protluced or
released by a fungas, a protisC wet rot, dry rot,
or a bacterium, inUUdng bul not limited to
toxins, spores, fragments, and metabolites such
as microbial volatile or9anic compounds.
B, "JOhsite" means any location, project, or work site
where "you" are imoNed in an installalion or
consimctlon pmject For Covera9e B"JObsite"
means any location, projecf, or work site where
"you" a�e in the process of construction, installation,
erection, repair, or moving.
9. "LimiC' means the amoum of coverage that applies.
70. "Pertnanenl Yaro'" means a yartl mai�tained by a
coniractor for ihe storage ot material orthe s�orage
and maintenance of equipment.
N. "P011utanC'means:
a. any solid, liquitl, gaseous, thermal, or
radioactive irritant or contaminant, inGuding
acids, alkalis, chemicals, fumes, smoke, soot,
vapor, and waste. Waste indu0es maSerials to
be recycled, reclaimed, or reconditioned, as well
as disposed of; and
b. electncal or magnetic emissions, whether visible
or invisible, and sound erMssions.
72. "Rigging" means rigging and indutles moving,
erecting, hoisting orlowering.
13. "SChequle of coverages" means:
a. all pages labeled schetlule of coverages or
schetlules that pertain to this coverage; and
b. declarations or supplemental declarations thai
pertain to this coverage.
14. "Sinkhole collapse" means ihe sudden settlement ot
coliapse of earth supporting ihe coveretl property
into subterzanean voitls createtl by ihe action of
water on a limestone or similar rock formation. It
does not include the value of the land or ihe cost of
filling sinkholes.
15. °Unscheduletl Equipment" is "COntractors
Equipment" t�at qou" have eleqed nol ro schedute
because of its value.
16. "Specifietl perils" means aircratt; civil commotion;
ezplosion; falling objects; (re; hail; leakaqe from Flre
ex�inguishing equipment; lightning; riot; "sinkhole
collapse"; smoke; sonic boom; vandalism; vehiGes;
'YOlwnic action"; water damage; weight of ice,
snow. or sleet; and windstorm.
CM 70 72 09 II IncluEes CopyrigMea language (mm American Associa�ion of Insurance Services, Inn, 2004, wAh its permission. Page 16 ot 77
Falling objects tloes not include loss to:
a. personal properly in ihe open; or
6. ihe interior of buildings or structures or to
peaonal property inside buildings or stmctures
unless �he extenor of the roofs or walls are firs�
tlamaged by a falling object.
Water damage means the sudtlen or accidental
discharge or leakage of water or steam as a tlirea
resWt o/ breaking or cracking of a patl of ihe system
or appliance containing ihe water or steam.
CM 70 72 09 12
17. "Tertns" means all provisions, limitations, exclusions,
conditions, and defini�ions that apply.
18. "VOlcanic action" means airborne volcanic blast or
airborne shock waves; ash, tlust, or particulate
matier; or lava ilow.
Volcanic action does not include the cost to remove
ash, dust, or particulate matter that tloes nof cause
direct physical loss to ihe covered pmpetly.
CM 70 72 09'12 Inclutles Copyrighted language from American Associa�ion of Insurance Services, Inc.. 2004, with ds permission. Page 17 0� 17