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HomeMy WebLinkAboutSchmalz Custom Lanscaping & City/ P.W. Contract 16-23 r , CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 231d day of March, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Schmalz Custom Landscaping, W2484 County Road KK, Appleton, WI 54915, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 16-23 for custom landscaping for the Oshkosh Public Museum Landscape Renovation -- Entry Gardens,for the Public Works Department, pursuant to Resolution 16-122 adopted by the Common Council of the City of Oshkosh on the 22nd day of March, 2016, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of Sixty-Nine-Thousand-Three-Hundred-Thirty-One and 891100 ($69,331.89), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or,authorized volunteers will riot contribute to a loss. All insurance shall be based upon the occurrence of an event, and not-based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary; what is required by one is as binding as if required by all, Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this Contract 2 conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR" wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh,Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the P e of: CONTRACTOR Schmalz Custom L_qrydscaping By: U� PSV (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH l / Mak A. Rohloff, City Manager ( 1 ness} And. (Witness) Pamela R. Ubrig, City Cl&rk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract { 'V---- dGity)� rneyo City Co ptr611er - 3 WEST BEND 2317662 AMUFUAI INSURANCE COMPANY' Power of.Attorney Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: KELLY CODY lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bands, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Four Hundred Thousand Dollars ($400,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21 st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporatenal to be hereto duly attested by its secretary#h'p 1st day f March, 2009. Attest J6�. a '4?y RPowar '�'' Ja a J. Pa �. Kevin A. Steiner ' Se t4 SEALary ;. ;i Chief Executive Officer 1 President State of Wisconsin . rose°;`. . County of Washington "'`",' On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate sea]; that is was so affixed by order of the board of directors of said corporation and that he signed„his name thereto by like order. *: NOTARY .* John F.D well ;A'=l PUBLIC ;x;' Executive Vice President-Chief Legal Officer Notary Public,Washington Co.WI 0�W15G ' My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 10 day of March 2016 : ' •, ��44 cA�a+�rF; Sg,AL € Dale J. Kent Executive Vice President- ' Y Chief Financial Officer NOTICE:Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI,a division of West Bond Mutual Insurance Company 8401 Greenway Blvd. Suite 1100 1 P.O. Box 620976 1 \Middleton,\\/I 53562 1 pli (608) 410-3410 1 www.thesilverlvung.com Document A3107M - 2010 Bid Bond Bond Number: 2317662 CONTRACTOR: SURETY: (Nance, legal status and acklress) (Nance, legal status and principal place Schmalz Custom Landscaping, Inc, of business) W2484 CountyRoad KK ADDITIONS AND DELETIONS: West Bend Mutual Insurance Company The author of this document has Appleton, Wl 54915 8401 Greenway Blvd, Ste 1100 added Information needed for its OWNER: Middleton,WI 53562 completion.The author may also (Name, legal status and address) have revised the text of the original AIA standard form.An Additions and City of Oshkosh Deletions Report that notes added P.O. Box 1130 information as well as revisions to Oshkosh WI 54903 the standard form text is available from the author and should be BOND AMOUNT: Five Percent of the Amount Bid reviewed.A vertical line in the left margin of this document indicates PROJECT; where the author has added (Name, location or address, and Project ntanber; if any) necessary information and where Oshkosh Public Museum Landscape Renovation, Oshkosh, Wisconsin. the author has added to or deleted from the original AIA text. The Contractor and Surety are bound to the Owner in the amThis document has important legalount set forth above, for the consequences.Consultation with an payment of which the Contractor and Surety bind themselves,their heirs,executors, attorney is encouraged with respect administrators, successors and assigns,jointly and severally, as provided herein.The to its completion or modification. conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be Any singular reference to agreed to by the Owner and Contractor,and the Contractor either(I)enters into a Contractor,Surety,Owner or other contract with the Owner in accordance with the terms of such bid,and gives such bond or party shall be considered plural bonds as may be specified in the bidding or Contract Documents,with a surety admitted where applicable. in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithfill performance of such Contract and for the prompt payment of labor all([material furnished in the prosecution thereof; or(2)pays to the Owner the difference, not to exceed the amount of this Bond,between the amount specified in said bid and Stich larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in comtection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be decfned to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrorn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so filrnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AIA Document A31 OT"—2010.Copyright©1963,1$370 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA Init. Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA$ Document,orany portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:09:36 on 01!2712015 under Order No.9275170499w1 which expires on 02/17/2017,and is not for resale, User Notes: (1685665657) Signed and sealed this 10 day of March 2016 Schmalz Custom Landscaping, Inc. (Contractoj as Prcipal) (Seal) r (Witness) (Title) West Bend Mutuot)lrteorarwe Company (Soret}) (Seal) (Witness) ('Title) ftLLY COD ,Attorney-In-Fact AIA Document A310TA°—2010.Copyright O 1963,1970 and 2010 by The American Institute of Architects,All rights reserved.WARNING:This AIA" Init. Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe' Document,or any 2 portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:09:36 on 01/2712016 under Order No,9275170499_1 which expires en 0211712017,and is not for resale. User Notes: (1685665657) �..� SCHMA-1 OP ID: aZ ACRO' DATE iMWDD1YYYY) CERTIFICATE OF LIABILITY INSURANCE 0313112016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED,the policy(las) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER 200 Thomas.l.Pupater,CPCt1 Thomas Insurance(croup PHONE ,920-235-6461 F :?20-235.3186 303 Pearl Avenue PO Bax 3387 AO L •t U ete thomasinsurance roU .Corn Oshkosh,Wt 64903-3387 INSURERM)AFFORDING COV✓=RAGk NAtC a INSURERA:AIIIed Insurance Group 425790 INSURED Schmalz Custom Landscaping INSURER B: W2484 County Road KK INSURER C; Appleton,WI 54915 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I0 R TYPE OF INSURANCE SiMO di POLICY NUMUR MAUDD i F M YYY LIMITS A X COMMERCIAL GENERAL LIA61LITY EACH OCCURRENCE $ 1,000,00 CLArh1S-MME M OCCUR X CPGL.A07163090601 01101/2016 01/0112017 PREMI Ei Ea $ 100,00 A ACPGL007103084382 01101/2016 0110112017 MED EXP LAny anerLon 11 6,00 PERSONAL&ADV INJURY $ 1,000,00 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000.00 POLICY a JECT EILOC PRODUCTS-COMPIOPAGO $ 2,000,00 OTHER $ AUTOMOBILE LIABILITY 6eMBINd (SINGLE LIMIT S 1.000,00 A X ANY AUTO ACPSA7103084882 0110112016 0110112017 BODILY INJURY{Perporw) $ ALL OWNED SCHEDULED BODILY INJURY(Pot acc awq t HON-0VJNEO PROPERTY PEa D G S HIRED AUTO$ AUTOS ao $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 61000,00 A EXCESS Lue CLAIMS-MADECPCAA7103084882 0110112010 0110112017 AGGREGATE S 61000,00 nEo I I RETENTION s 1A $ WORKERS COMPENSATION )( AND EMPLOYERS'LIABILITY YIN S A R A ANY PROPRIETORMARTNERIMCUr1VE �— NIA CPWCA7163084882 0110112016 01101/2017 EL FACHACCIOENT $ 100,00 FIC OFEWMEMBER EXCLUDED? (Mandatory In HH) E 016EASE-EA EMPLOYEE $ 100,00 ndoscr=ba unow DESCRIPTION OF OPERATIONS b4bw E L DISEASE-POLICY LIMIT S 600,00 DESCRIPTION OF OPERATIOHS 1 LOCATIONS[VEHICLES (ACORD 101,AddlUonal Remarks Bchadula,may ba attachod If more,apace to mqulrod) OSHKOSH PUBLIC MUSEUM LANDSCAPE RENOVATION-ENTRY GARDENS HZKONTESAILSTECOUNCIL SiDEMPLOYEES AND AuTORIEDVLOERREIbANADIITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITYOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 89FORE Ci of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION$, City Hall PO Box 1130 AUTHORIZED REPRESE Oshkosh,WI 84803 01988.2014 A ORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 73 23 12 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Lost Key Coverage "Loss"means unintentional damage or 1. Under Section 1-- Coverages, Coverage A destruction but does not include Bodily Injury And Property Damage disappearance, theft,or loss of use. Liability, coverage Is extended to include C. Non-Owned Watercraft the following: Under Section I — Coverages, Coverage A If a customer's master or grand key, Bodily Injury And property Damage Liability, excluding electronic key card, is lost while in 2. Exclusions, exclusion g. Aircraft, Auto Or your care, custody or control we will pay the Watercraft Paragraph(2)(a)is replaced with: cost of replacing the keys, including the (a) Less than 51 feet long; and master lock and all keys used in the same D. Expanded Property Damage Coverage lock,the cost of adjusting locks to accept the new keys, or the cost to replace the locks, 1. For the purposes of this endorsement only; whichever is less. Section I — Coverages, Coverage A 2. Limit of Insurance - The most we will pay Bodily Injury And Property Damage for"loss"arising out of anyone "occurrence" Liability, 2. Exclusions, exclusion j. is$ 10,000. Damage to Property is amended as follows: 3. Section V Definitions the following is a. Paragraphs .(3), (5), and (6) are deleted added: in their entirety. "Loss"means unintentional physical damage b. Paragraph (4) is deleted In its or destruction to tangible property, including entirety and replaced with: theft or disappearance. Tangible property (4) Personal property in the care does not include money or securities. custody or control of the insured: B. Voluntary property Damage (a) for storage or sale at premises 1. Section I -- Coverages, Coverage A Bodily you own, rent or occupy;or Injury And Property Damage Liability, (b) while being transported by any coverage is extended to include the following: aircraft, "auto" or, watercraft At your request, we will pay for "property owned or operated by or rented damage" to property of others caused by you to or loaned to any insured. and while in your possession,arising out of your c. The coverage provided by this business operations and occurring during the endorsement does not apply to policy period. "property damage": 2. Limit of Insurance-The most we will pay (1) Arising out of,the disappearance or for"loss"arising out of any one"occurrence" loss of use of personal properly;or is$1500. (2) Included in the "products-completed 3. For the purpose of this extended coverage operations hazard". the following definition is added to Section V—Definitions: CG 73 23 12 14 Includes copyrighted materiai of Insurance Services Office, Inc., Page 1 of 5 with its permission. CG 73 23 12 14 2. Limit of Insurance - The most we will pay F. Supplementary Payments for "property damage" provided by this Under Section I — Coverages, Supplementary coverage in any one"occurrence"is$5,000. Payments — Coverages A and B paragraphs 3. Deductible - Our obligation to pay for a 1.b and 1.d, are replaced with: covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required loss in excess of$250. because of accidents or traffic law violations We will pay the deductible amount to effect arising out of the use of any vehicle to which settlement of any claim or `suit" and, upon the Bodily Injury Liability Coverage applies. notification of this action having been taken, We do not have to furnish these bonds. you shall promptly reimburse us for the d. All reasonable expenses incurred by the deductible as has been paid by us. insured at our request to assist us in the This insurance is primary to any expanded investigation or defense of the claim or property damage coverage provided by a "suit", including actual loss of earnings up to separate endorsement attached to this $500 a day because of time off from work. policy, and it will supplant any deductible in C,: Newly Formed And Acquired Organizations said endorsement Under SECTION 11 — WHO IS AN INSURED E. Damage To Premises Rented To You paragraph 3.a. is replaced with: 1. Under Section I— Coverages, Coverage A a. Coverage under this provision is afforded Bodily Injury And Property Damage only until the 180'h day after you acquire or Liability, the last paragraph of 2. form the organization or the end of the policy Exclusions is replaced with: period, whichever is earlier; If Damage to Premises Rented to You is H. Additional Insured — Automatic Status When not otherwise excluded, exclusions c. Required In An Agreement Or Contract With through n. do not apply to damage by fire, You lightning, explosion, smoke or sprinkler Section If—Who Is An Insured is amended to: leakage to premises while rented to you or temporarily occupied by you with permission 1• Any person(s)or organization(s)described te tothe owner. in Paragraph 2.below with whom you have agreed in writing in a contract or written 2. Under Section Ili _ Limits Of Insurance, paragraph t replaced with; agreement that such person or organization be added as an additional insured on your 6. Subject to 5. above, the Damage To policy during the policy period shown in the Premises Rented To You Limit is the Declarations. most we will pay under Coverage A for 2. Any other person or organization you are damages because of "property damage" required to add as an additional insured to any one premises, while rented to under tate contract or agreement described you, or in the case of damage by fire, in Paragraph 1. above. lightning, explosion, smoke or sprinkler The person or organization added as an leakage, while rented to you or temporarily occupied by you with insured by this endorsement is an insured permission of the owner. The limit is only to the extent you are held liable due to; increased to$300,000. a. Lessors of Leased Equipment — with 3. Under Section IV — Commercial General respect to their liability for"bodily injury Liability Conditions, 4. Other Insurance, b. "property damage", or "personal and Excess Insurance (1) (a) {ll} is replaced advertisinr� injury", caused in whole or in with: part by your maintenance, operation or use of equipment leased to you by such (11) That is Fire, Lightning, Explosion, Smoke person(s) or organizations). This or Sprinkler leakage insurance for insurance does not apply to any premises rented to you or temporarily "occurrence" which takes place after the occupied by you with permission of the equipment lease expires. owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 14 with its permission. CG 73 23 12 14 However, their status as additional . However, such state or political insured under this policy ends when subdivision's status as additional their lease, contract or agreement with insured under this policy ends when the you for such leased equipment expires.. permit ends. b. Managers or Lessors of Premises — d. Owners, Lessees, or Contractors — with respect to liability arising out of the with respect to liability for"bodify injury" ownership, maintenance or use of that "property damage"or "personal part of the premises you own, rent, and advertising injury" caused, in whole lease or occupy or in part, by: This insurance does not apply to: (1) Your acts or omissions;or (1) Any 'occurrence" which takes place (2) The acts or omissions of those after you cease to be a tenant in acting on your behalf; that premises. in the performance of your ongoing (2) Structural alterations, new con- operations performed for that additional struction or demolition operations insured, whether the work is performed performed by or on behalf of the by you or on your behalf. person or organization. The insurance does not apply to: However, their status as additional (1) "Bodily injury", "property damage", insured under this policy ends when you or "personal and advertising injury" cease to be a tenant of such premises. arising out of the rendering of or the c. State or Political Subdivision — failure to render any professional Permits Relating to Premises — with architectural, engineering or survey respect to the following hazards for services, including: which the state or political subdivision (a) The preparing, approving, or. has issued a permit or authorization in failing to prepare or approve connection with premises you own, rent maps, shop drawings, opinions, or control and to which this insurance reports, survey, field orders, applies, change orders or drawings and (1) The existence, maintenance, repair, specifications:or construction, erection, or removal of (b) Supervisory, inspection, archi advertising signs, awnings, tectural or engineering activities, canopies, cellar entrances, coal This exclusion applies even if holes, driveways, manholes, the claims against any insured marquees, hoist away openings, allege negligence or other sidewalk vaults, street banners, or wrongdoing in the supervision, decorations and similar exposures; hiring, employment, training or or monitoring of others by that (2) The construction, erection, or insured, if the "occurrence" removal of elevators;or which caused the "bodily injury' (3) The ownership maintenance or use or "property damage", or the of any elevators covered by this offense which caused the insurance. "personal and advertising This insurance does not apply to: injury", involved the rendering (1) 'Bodily injury" or "property damage" of, or failure to render, any professional, architectural, or personal or advertising injury' engineering or surveying arising out of operations performed eerv'rce5. for the state or municipality;or (2) "Bodily injury" or "property damage"e" (2) "Bodily injury" or "property damage" occurring after: included within the "products- completed operations hazard". CG 73 2312 14 Includes copyrighted material of Insurance Services Office,Inc., Page 3 of 5 with its permission. CG 73 23 12 14 (a) All work, including materials, I. Employee Bodily injury To Another Employee parts or equipment furnished in Under Section It -- Who Is An Insured The connection with such work, on following is added to paragraph 2.a.(1): the project (other than service, maintenance or repairs) to be Paragraphs 2.a.(1) (a), (b) and (c) do not apply performed by or on behalf of the to "bodily injury" to a co"employee" in the additional insured(s) at the course of the co-"employee's" employment by location of the covered you, or to "bodily injury" to a ca"volunteer operations has been completed; worker" while performing duties related to the or conduct of your business. (b) That portion of "your work" out J. Broad Form Named Insured of which the injury or damage Under Section 11 -- Who Is An Insured The arises has been put to its following is added to paragraph 2.: intended use by any person or organization other than another e. Any business entity incorporated or contractor or subcontractor organized under the laws of the United State engaged in performing of America (including any State thereof), its operations for a principal as a territories or possessions or Canada part of the same project. (including any province thereof) in which the However, a person or organization's status Named Insured shown in the Declarations as additional insured under this policy ends owns, during the policy period, an interest of when your operations for that additional more than fifty percent. If other valid insured are completed. collectible insurance is available to any However, the insurance afforded to such business entity covered by this solely by additional insureds a.—d.described above: reason of ownership by the Named insured (a) Only applies to the extent permitted by shown in the Declarations in excess of fifty law,and percent, this insurance is excess over the other insurance, whether primary, excess, (b) Will not be broader than that which you contingent, or on any other basis. are required by the contract or K. Aggregate Limit Per Location agreement to provide for such additional insured. Under Section III — Limits Of Insurance the 3. Primary and Noncontributory — Other following is added to paragraph 2: Insurance Conditions The General Aggregate Limit under Section III The following is added to the Other Limits of Insurance applies separately to each Insurance Condition and supersedes any of your locations owned by or rented to you or provisions to the contrary: temporarily occupied by you with the permission Primary and Noncontributory Insurance of the owner. For the purposes of this provision, location means premises involving the same or This insurance is primary to and will not connecting lots, or premises whose connection seek contribution from any other insurance is interrupted only by a public street, roadway, available to an additional insured under your policy provided that: waterway or railroad right-of-way. (a) The additional insured is a Named L. Aggregate Limit Per Project Insured under such other insurance; and Under Section III -- Limits Of Insurance The (b) You have agreed in writing in a contract fallowing paragraph is added to paragraph 2: or agreement that this insurance would The General Aggregate Limit under Section III be primary and would not seek Limits of Insurance applies separately to each contribution from any other insurance of your construction projects away Irom available to the additional insured. premises owned by or rented to you. Page 4 of 5 Includes copyrighted material of Insurance Services Office,Inc., CG 73 23 12 14 with its permission. CG 7323 12 14 M. Medical Payments hazards or prior"occurrences"or offenses is Under Section III — Limits Of Insurance, not intentional. This provision does not paragraph 7.is replaced with: affect our right to collect additional premium 7. Subject to 5.above,the higher of: or exercise our right of cancellation or non- e. $90,000;or renewal. P. Waiver Of Subrogation b. The amount shown in the Declarations Under Section IV — Commercial General for Medical Expense Limit is the most Liability Conditions, 8. Transfer of Rights of we will pay under Coverage C for all Recovery Against Others to Us the following medical expenses because of "bodily injury"sustained by one person. paragraph is added: This coverage does not apply if Coverage C if required by a written contract executed prior to — Medical Payments is excluded either by loss, we waive any right of subroga#Ion we may the provisions of any coverage forms have against the contracting person or attached to the policy or by endorsement. organization because of payments we make for injury or damage arising out of your ongoing N. Knowledge Of An Occurrence operations or "your work" done under a contract Under Section IV -- Commercial General with that person or organization and included in Liability Conditions, The following is added to the"products-completed operations hazards". 2. Duties In The Event Of Occurrence, 0. Liberalization Offense,Claim Or Suit condition: Under Section IV — Commercial General e. Knowledge of an occurrence, offense,claim Liability Conditions, 10. Liberalization the or suit by an agent or employee of any following paragraph is added: insured shall not in itself constitute If we revise this coverage form to provide more knowledge of the insured unless you, a coverage without additional premium charge, partner, if you are a partnership; or an executive officer or insurance manager, if your policy will automatically provide the you are a corporation receives such notice additional coverage as of the day the revision is of an occurrence, offense, claim or suit from effective in your state. the agent or employee. A. Broadened Bodily Injury Definition (Mental f. The requirements in paragraph b. will not Anguish) be considered breached unless there is Under Section V — Definitions definition 3. Is knowledge of occurrence as outlined in replaced with: paragraph e. above, 3. "Bodily Injury" means physical injury, 0. Unintentional Failure To Disclose Hazard sickness or disease to a person and, if Under Section IV — Commercial General arising out of the foregoing, mental anguish, Liability Conditions, 6. Representations the mental injury, shock or humiliation, including following paragraph is added: death at any time resulting therefrom. d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the Inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 1214 Page 5 of 5