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Agreement-Safety Building Terrazzo &Tile 2016
AA f /&S, ORIGINAL CONTRACTOR AGREEMENT- SAFETY BUILDING TERRAZZO TILE REFURBISHMENT THIS AGREEMENT, made on the 8"' day of April, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and WISCONSIN TERRAZZO & TILE, INC., 555 BRAUND STREET, ONALASKA, WI 54650, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Dan Nelson, Wisconsin Terrazzo & Tile, Inc.) 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 ll. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon Urben, General Services Manager) ARTICLE Ill. SCOPE OF WORK The Contractor shall provide the services described in their proposal dated Tuesday, April 5, 2016 attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the 1 City. ARTICLE IV. CITY RESPONSIBLITIES 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 The work to be performed under this contract shall be completed by no later than May 1, 2016. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $14,869, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly 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 agreement executed by both parties prior to proceeding with the work covered under the subject amendment, ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS 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 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) 2 days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE VI. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: CONTRACTOR /CONSULTANT By. (Seal of Contractor {Specify Titley if a Corporation.) By: (Specify Title) CITY OF OSHKOSH Bye Mark A. Rohloff, City Manager {VI fitness) -. And: � {Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City At ,arae City Comptroller 4 Wisconsin Terrazzo & Tile. Inco 555 Braund Street,Onalaska WI 54650 Office: (608)779-5010 Fax: (608)779-9444 Email:terrazzo visconsinterrazzo,com Web site:www.wisconsinterrazzo.com WISCONSIN LICENSE#1107496 BID PROPOSAL Proposal Number: Date Submitted: Tuesday,April5a',2016 Project Name: Oshkosh Police Department Project Location: Oshkosh, Wisconsin Bid Submitted To: City of Oshkosh Attention: jurben@ci.oshkos1h.wi.us Section: Terrazzo Flooring Noted: 0 FURNISH & INSTALL AS OUTLINED IN PLANS & SPECS: As Refurbish Existing Terrazzo /1 2,156 Square Feet of Existing Terrazzo /10 One(1) Color to Match Existing /# 290 Lineal Feet of 6"Tall Cove Base A Grind, Grout, and Apply 3M Floor Finish. /V Bid for One(1)Continuous Work Phase /- Entire Work Area Ready.at,Same,Tirr:e PRICING EXCLUDES THtFOLLOWING: A- 60 Amp/220 Volt Single-Phase Power within 100 feet of each area of work; /- Lighting/Water/; Dumpster /3� No Mockup included:in base bid. If required, additional costs will be incurred by owner via change order, 4 Final protection of the finished floor—No Floor protection include - add$.1.,30,0er SF if needed 4 Unloading and hoisting of materials at jobsite - 4 Cost of performance%payment bond is not included in proposal =` Any additional cost to oirr annual insurance premium due to supplementary insurance requirements is not included in bid NOTATIONS TO BID PROPOSAL: 4 One(1)year industry standard warranty provided. Not included in the warranty are damage due to structural design deficiencies including but not limited to slab cracking from lateral,yertical, or rotational movement, and gouging or other damage due to forklifts;`other equipment, delamination caused by vapor transmission,Acts of .God, or other elements beyond the scope of protection of this system nor causes not related to the system materials. II- Normal work week Monday thru Thursday Eve iung hours included in bid /- Bid to become part of contract"Subject to the terms and conditions of this contract,the terms and conditions of the bid, a copy of which is attached, are hereby incorporated and the bid is made a part of this contract," Base Bid: $14,869.00 Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE DATE{MAVDD/YYYY) 4/5/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the polley()es)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and Conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NMEAu' Integrated Risk Solutions Inc. Integrated Risk Solutions Inc PRONE 262.523.9600 W237 N2920 Woodgate Rd#300 E t1afL F"X .262.523.9801 Pewaukee WI 53072 certificates@inii�sksolutions.com INSURER S AFFORDING COVERAGE "AIC 9 1NSURERA:Cincinnati Insurance Com an 10677 INSURED WISCTEI rusuRER a:American Interstate ins-24759 31$95 Wisconsin Terrazzo&Tile,Inc INSUREA C., 555 Braund Street INSURER D Onalaska WI 54650 r1NSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER:742489344 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSfl I ADULISUBRI POLICYEFF POL1C EXP LTR TYPE OF INSURANCE INSD D POLICY NUMBER AlhV6 Mb LIMITS - A X COMMERCIAL GENERAL LIABILITY Y CAP5146i96 5/1/2015 51112016 EACH OCCURRENCE $1,000,000 +I CLAIMS-MADE a OCCUR DAMAGE TO RENTED PR MISE$ £a occur ence $500,000 MED EXP(Any ane person) 55,000 PERSONAL&ADV INJURY $1,000,0D0 G£NtAGGREGATE LIMIT APPLIESPER; GENERAL AGGREGATE 52,000,n00 PGLIGY�JECOT LOC PRODUCTS-COMPlOPRGG $2,000,000 DTHER: $ A AUTOMOBILE LIABILITY Y CAA5146196 5/1/2015 611=16 Ea. rl $1,000,000 X ANYAUTO_ BODILYINJURY(Perpersor) § ALL O%%NED SCHEDULED AUTOS AUTOS BODILYINJURY(Per scddent) $ HIREDAVTOS NON-OYMED PROP R D SAGE AUTOS Perau l) $ § A X UMBRELLALJAB X OCCUR Y JCAP5146196 5/1/2015 5/112016 EACH OCCURRENCE $6,000,000 E=XCESS Me CLAIM-S 1,lADE AGGREGATE 86,000,000 DED X RETENTION SO $ 13 WORKERS COMPENSATION AVWCW12391942015 W112016 5111201(3 AND EMPLOYERS'LIABILITY Yin X 57AT'UIE OEC OFCERRA 1 VER EXCLUDED?FCVTNE F NIA ]EL.EgCHACCIDENT $500,000(MandstorylnNH) .LDiSEASF-EAEMPLOYE $500,000 N yyes,describe under OESCRIPTIONOFOPERATIONS below E.L_DISEASE-POLICYLipur $500,000 A Hired Equ)pment CAP5146196 51i/2015 5/112016 Limit $50,000 Installation Floater Limit $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS IVEHICLES{ACORD 101,AmItfonal Hemarks Schedule,may be ahadnd It mora apace is required) The City of Oshkosh and€ts officers,council members,agents,employees and authorized volunteers are an additional insured on the general liability,auto liability and umbrella liability policies,on a primary and non-contributory basis,when required by written contract. X30 days notice of cancellation with the exception of non-payment which is 10 days, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh,Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO BOX 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 ©1988-2014 ACORD CORPORATION. All rights reserved, ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. KEASE READ R CAREFULLY. CONTRACTORS` COMMERCIAL GENERAL LIABILITY BROADENED (ENDORSEMENT This endorsement modifios insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents; Coverage: Begins on Page- l. a e:1. Employee Selief:t Liability Coverage 2 2, Llpintenfional Failure to D;sclose Hazards..... , , .. .7 3, Damage to Premises Rentod to You. „ .. .. ............ g 4. Supplementary Payments.. ............... ............. .. .... .. . ... ................ .. .... g S. Medical Payments... .............. .... . ... _ ...................._...... .g 6. Voluntary Property Damage(Coverage,a.)and Care. Custody or Control Unbility Coverage(Coverage b.} .... . ... ....... .... ... . . ......... .. ..... ...... .. ... .... ... 7. 180 Day Coverage for Newly Farmed or Acquired Organrzabons...... 10 8. Waiver of Subrogation ..... ... .. .... .. . .... .... . . . . . . 10 9, Automatic Additional Insured-Specified Relationships 10 Managers or Lessors of Premises, Lessor of Leased Equipment, Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions• Permits;and Contractors'Operations 14, Broadened Contractual Liability -Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment—. . . ... . ... ...... .. .... . .. . . 14 12. Employees as Insureds -Specified Health Care Services. .......... .. ..... . ........... . 14 Nurses, Emergenoy Medical Technicians,and Paramedics 13. Broadened Notice of OccurrencB.. ... . ... .... .. .... . . .... .... . .. . . .. 14 B, Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the Insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee.Limir $ 1,000,000 Aggregate Limit. $ 3,000,000 Deductible $ 1,000 3. Damage 10 Premises Rented to You The lesser of. a, The Each Occurrence Limit shown in tho Declarations,or b, $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds $ 1.000 b. Loss of earnings $ 350 5. Medical Payments i Medical Expense Limit. ;£ 10.000 Includes copyrighted material of insurance CoA 233 02 07 Services Office, Ino.,with its permission Page 1 of 15 6. Voluntary Property Damage(Coverage a.) and Care,Custody or Control Liability Coverage (Coverage b.) Limits of Insurance(Eaoh Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of Payroll �Obl Cross Sales d) Units e Other b. Care, Custody $ or Control (VAL ANNUAL PREMIUM 11, Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- 1. Employee Benefit L lability Coverage plicab(e limit of insur- ance in the payment of a. The fallowing is added to SECTION I judgments or settle- COVERAGE$: Employee Benefit ments. Liability Coverage. ido other obligation or liabil- (1) Insuring Agreement it acts or pay services is performcovered (a) Wo will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as darn- ments. ages caused by any act; er- ror or omission of the in- ( } applies to sured, or of any other per- damages only If the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- administration" of your plies- We will have the right employee benefit pro- and duty to defend the in- gram;and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However,. we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this Insurance does endorsement provided: not apply. We may, at our discretion, (rivestigata any a) You did not have report of an act, error or knowledge of a othission and seal© any claim or "suit" on claim or "suit` that may re- or before the of-: suit. But: feoiive date.of this 1) The amount we will pay endorsement. for damages is limited You will be as described in SEC- deemed to have TION Iii - LIMITS OF knowledge of a INSURANCE;and claim or "suit" when any 2) Our right and duty to `authorized repre- defend ends when we sentalive"; Includes copyrighted material of Insurance GA 233 02 07 Servlces Ofilce, Inc„with its permission. Page 2 of 15 i) Reports all, or formance of investment any part,of the vehicles;or act, error or omisslon to us 3) Advice given to any or any other parson with respect to Insurer; that person's decision ii) Receives a to participate or not to written or ver- participate in any plan bat demand or included in the em- claim for darn- ployee benefit pro- ages because gram" of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion.and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of once. any workers'compensation, (2) Exclusions unemployment cornensa- tion lnsurance, socraMcu- This insurance dons not apply city or disability benefits law to; or any similar law. (a) Bodily Injury, Property (9) ERISA Damage or Personal and Damages for which any in. Advertising Injury sured is liable because of "Bodily injury", "property liability imposes! on a fiduci- damage" or 'personal and my by the Employee F;`e- advertising injury". tirement income Security Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, stale or Damages arising out of any local laws, intentional, dishonest, (h) Available Benefits. fraudulent, crlmfnal or mali- cious act, error or omission, e committed by any insured, xtent that such benefits including the willful or reck- are available, with reason- less violation of any statttle. able effort and cooperation of the insured, from ttse ap- (c) f=ailure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of tail- (i) Taxes, Fines or Penalties ure of performance of con- tract by any insurer. Taxes, fines or penalties, Including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds tv meet any obligations under (!} Employment-Related any plan included in the Practices "employee benefit pro- gram". Any {lability arising out of any; (e) 1nadetfuacy of Perform- (1} Refuse!to employ; arise of Investment I Ad- vice Giver} With Respect (2) Termination of em- to Participation ployment, Any claim based upon: (3) coercion, demotion, 1) Failure of any invest- evaluation, reassign. Mont to perforin; ment, discipline, deta- mation, harassment, 2) Errors in providing in- humiilaVon, discrimina- €ormation on past per- tion or other employ• Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also En- (4) Consequential liability sureds. but only with re- qs aresult of(i), (2) of spect to their duties as trusteos. (3)above. This exclusion applies (2) Each of the following is also an whefiier the insured may be insured; held liable as an employer (a) Eaoh of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone also who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authon- (3) Supplementary Payments zation to administer your SECTION i - COVERAGE$, "employee benefit program" SUPPLEMENTARY PAY- if you die,but only until your MENTS - COVEMAGES A AND legal representative is ap- 6 also apply to this Coverage, pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re• As respects Em layee Benefit Liabii- spent to duties as such. ity Coverage, S CTiON It - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du• tlrety and replaced by the following: des, under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac- quire or form, other than a pert- (a) An Individual, you and your nershlp, joint venture or limited spouse are insureds, but liability company, and over only with respect to the whioh you maintain ownership conduct of a busines$ of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision, tore, you are an insured, Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members ara also insureds, committed before you ac- but only with respoct to the quired or formed the or- conduct of your business. ganizatlon. Your managers are in- sureds, but only with re- spect to their duties as your As respects Employee Benefit LEabll- managers, ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE Is deleted in its en- a partnership, joint ventures tirely and replaced by the fallowing: or limited liability company, (4) The Limits of Insurance shown you are an insured. Your in Section B. Limits of insur- executive officers" and di- ante, 1, Employee- Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay dales as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of lnsurance GA 23302 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages (o) persons or organixatians sustained by any one "em- mafts", claims or bringing Io ee", includingsuch "suits"; employee's" deendents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right Coverage of this endorsement and duty to is the most we will pay for all defend the insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages;and tion" of your 'employee benefit 2y Your dines, and the program". duties of any other in- (3) Subject to the limit described In volved insured, in the 2) above, the Each Employee event of an act, error or imit shown in Sectlon S. Limits omission,or claim, of ]nsuranae, t. Employee I Benefit Liability Coverage of application spective of the apply of the deductible this endorsement is the most we amount. will pay for all dernages sus- tained by any one "employee`, (d) We may pay any part or all Including damages sustained by of the deductible amount to such employees" dependents effect settlement of any and bensficlades,as a result of: claim or "suit` and, upon (a) An act,error or omission;or notification of the action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as loss of the amount of lime we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, roegligently committed in the As respects Employee Benefit Li- "administration" of your "am- ability Coverage, SECTION IV - ployee benefit prograrn" COMMERCIAL GENERAL LIABIL- ITY CONDMONS is amended as However, the amount paid un- follows. der this ondorsement shall not (1) Item 2. Duties in the Evens of exceed, and will be subject to Occurrence,Offense,Claim or apply to the payment of benefits the limits and restrictions that Suit is deleted in its entirety and p in any plan included in the em= replaced by the following; ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- R. You must see to }t that we are noti- ages on behalf of the in- fied as soon as practicable of an act, sured applies only to the error of omission which may result in amount of damages in ex- a claim. To the extent possible, no- cess of tha deductible tfce should include: arnount stated in the Dec)a- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits Of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or om ssion. fncludes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 5 of 15 b. If a clahn is made or "suit"Is brought b, Method sof Sharing against any insured, you must; If all of the other incur- (1) Immediately record the specifics ance permits contdbu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this (2) Notify us as soon as practleable. method also. Under this approach each in- You must see to it that we receive surer contributes equal written notice of the Balm or'suit'as amounts: until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved Insured the loss remains, Must: whichever comes first. (1) Immediately send us copies of If any of the other €n- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal sfrares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate witty us in the invest- applicable limit of in- gation or settlement of the claim surance to the total ap- or defehso against the "suit"; plioable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in C. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this Insur- der any other insur- ance may also apply. ance in force previous d. No insured will, exoept at that in- to the effective date of sured`s own cost, voluntarily matte a this Coverage Part: payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent, As respects Employee Benefit Lf- (2) Item 5, Ether insurance is do- ability Coverage, SECTION V - 081FINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: 5, Ocher insurance (1) The following definitions are added, If other valid and collectible 1, "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "empfoyees", including our obligations are limited their dependents and as follows; beneficiaries, with re- spect to eligibility for or a, Primary Insurance scope of "employee This insurance Is pd- benefit programs", mar, except when c. b. Interpreting the "em- below applies. If this pioyee benefit pro- insurance is primary, grarns'; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then,we "employee benefit pro- Will share with all that grams";or other insurance by the d. Effecting, g method described in fa. g, continuity or below. terminating any "em- ployee's" participation includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission, Page 6 of 15 in any Benefit included benefits, workers' com- in the "employee bene- fit program"' onsation benefits,andd disability However, "administration" d. Vacation plans, includ- doss not include; ing buy and self pro- a. Handling payroll de- grams; leave of ab- duclions;or sence programs, in. cluding military, mater- b. The failure to effect or nity, family, and civil maintain Any insurance leave; tulffon assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemploymentIn. (2) The following definitions are benefits, workers' corn-erance, social security deleted in their entirety and re- placed by the following: pensation and disability benefits. 21. 'Suit' means a civil pro- 2, "Cafeteria plans" means ceeding in which money pIan authorized by applica- damages because of an ble law to allow "employ. act, error or omission to ees" to elect to pay for cer• which this insurance applies Ialn banefils with pre-tax are alisged. "Suit"includes. dollars. a. An arbitration pro- d. "Employee benefit pro- ceeding In which such grams" means a program damages are claimed providing some or all of the and to which the in- following benefits to "em- sured must submit or pfoyees", whether provided does submit Hath our through a"cafeteria plan"or conser1l; otherwise: b- Any other alternative a. Group life insurance; dispute resolution pro- group accident or ceeding in which such health insurance; Glen- damages are claimed tal, vision and hearing and to which the in. plans, and flexible sured submits with our spending accounts; consent;or provided that no one other than an "em- c, An appeal of a civil ployee" may subscrlbe proceeding. ito such benefits and 8. "Employee" means a por- such benefits are made son actively em toyed, for- generally available to marl y emp]oyetl, all leave those "employees"who of absence or disabled or satisfy the plan's eligi- retired. 'Employee" in. bility requirements; crudes a "(eased worker". b. Profit sharia "Employes" does not in. 9 Plans, - clude a"temporary worker"- errrployea savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sten plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDMONS, 7. Re resen. provided that rra one latlohs Is herebyamended b the add'i- other than an "em- tion of the following: y ployee" may subscribe g: to such benefits and Based on our dependence upon your such benefits are made representations as to exisgriq hazards, if generally available to unintentionally you should fail to disclose all "employees" who unintentionally such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under(His Coverage Part based solely on c. Unemployment insur• such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with Its permission.. page 7 of 16 3. Damage to Premises Rented to You e) Settling, cracking, a. The IastSubparagraph of Paragraph' shrinking or ex- 2. SECTION I - COVERAGES, pension:or COVERAGE A. - 130DILY INJURY i) Nesting or infesta- AND PROPERTY DAMAGE, 2. Lt- !fort, or discharge ABIUTY Exclusions is hereby de- or release of feted and replacad by the following: waste products or secretions, by in- Excluslons c, through q,do not apply sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. ready by any of the follow- .b. The Insurance provided under SEC- ing: TION 1 -COVERAGES, COVERAGE 1) Earthquake, volcanic A, BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of menta water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3) Water under the ground surface press- The exclusions under SECTION ing, on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a;) Foundations, ITY,2. Exaiuslons,other than i, walls, floors or War and the. Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added, whether paved or This insurance does not apply not;or to: c) Doors,windows or (a) "Property damage other openings. 1) Assumed in any con- (o) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fico sulting from any of theprotection systems caused following; by or resufttng from freez- a) Wear and tear; ing, unless: 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure;or deterioration, hick don or latent de- 2) You drained the fact or any quality equipment and shut off in property that the water supply if the causes It to dam- Feat was not main- age or destroy it- talned. self; (d) Loss to or damage to; C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- taction systems, or cluding rupture or other equipment or ap- bursting caused plianees;or centrifugal The interior of an force; 2) building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page B of 15 caused by or resulting 5. Medlcal Payments from rain, snow, sleet The Medical Ex y or ice, whether driven Expense Limit of An Ono by wind or not. Person as stated in the Declarations is amended to the limit shown in Section 8. c, Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6, of $ECTION IiI - a, Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the fallowing: We will pay for "property damage" to property of others arising out of op- 6. Subject to S. above, the orations incidanlal to the insured's Damage to Promises business when. Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. 1300ILY sured;or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIARILiTY, for damages because of sured's possession. "property damage" to With your consent, we will make premises white rented to these payments regardless of fault. you or temporarily occupied y you with permission of k. Gare, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- plies, this insurance ap ERAGE A. BODILY INJURY AND plies. PROPE1111Y DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- Exclusions,j, Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplemenlary Payments With respect to the insurance provided byy Under SECTION 1 - COVERAGE, SUP- this section of the endorsement, the foI- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply; AGES A AND B: a. The Limits of Insurance shown in the a, Para rah 2. is replaced b the fol- Declarations are replaced la the lim- p p p y its designated in Section B. Limits of lowing: insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody -or Limits of insurance, A.a. Bail Bonds Control Liability Coverage of this of this endorsement for cost of bail endorsement with respect to cover- bonds required because of accidents age Provided by this endorsement. or traffic law violations arising out of These limits are inclusive of and not Ifle use of any vehicle to which the in addition to the limits being re- Bodily Injury Liability Coverage ap- placed. The Limits of insurance plies. We do not have to furnish shown in Sention 13. Limits of Insur- these bonds, ance, S. Voluntary Property Dam- age and Care, Custody or Control b. Paragraph 4, is replaced by the fol- Liability Coverage of this endorse- lowing ment fix the most we will pay In any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist Lis in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2} Claims made or "suits" brought; of earnings up to the limit shown or in Section 13. Limits of Insurance, 4.1b. Loss of E=arnings of this on- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing "suits". off from work, includes copyrighted material of insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of i5 1 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fieri Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION it-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deduo#ble amount (i) Any person or organization de- stated in Section i3, Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as eriy Darnsge and Care, Cus- additional insured) whom you tody or Control liability Cov- are: required to add as an add!- era of this endorsement. The lianal insured under this Cover- limits of insurance will not be re- age Part by reason of; duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2. Ditties in the Event of Occurrence, Offense, Claim (b) An oral agreement or Con- or Suit, applies to each claim or tract where a certificate of Insurance showing that per irrespective of the amount, insurance or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured,provided; and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is. deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod:and SECTION fl - WHO 13 AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or offense Subparagraph a, of Paragraph 4, is to which this insurance hereby deleted and replaced by the fol- would apply' and lowing: (b) They are not specifically a. Insurance under this pprovision is af- named as an additional in- sureforded only until the t$t)th day after under any other pro- you acquire or form the organization vision sion af, or endorsement or the and of the policy period, added to, this Coverage whichever is earlier; Part, B. Waiver of Subrogation (2) Only the following persons or organizations are additional In- SECTION IV-COMMERCIAL GENERAL sureds under this endorsement, LIABILiTY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of: Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is llrntted as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because or payments we make for premises leased to you with injury or damage arising out of your on- whorn you have agreed per going operations or your work done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability ads- and included In the "pproducts-complefed irtg out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage.Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request,the insured will bring 'suit" or transfer those rights to its and help us i) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page io of is you cease to be a ton- 0 Any physical or ant In that premises, chemical change, 2) Structural alterations, in the product new construction or made intentionally demolition operations by the vendor; gerformed by or on be- d) Repackaging, un- half of such additional less unpacked insured, solely for the pur- (b) Any person or organization pass of inspection, from which you lease demonstration, equipment with whom you testing, or the have agreed per Paragraph substitution of above to provide in- parts under in- surance. Such persons)or structons from the organization(s) are Insureds manufacturer; and solely with respect to their then repackaged liability arlsing out of the in the original maintenance, operation or container; use by you of equipment e) Any failure to loased to you by such per- make such in- However, son(s) or organizations(s), make ons, adjust- does this insurance sNotmenu, Pests or riot apply to any "oa servicing as tie currence'wlticit takes place vendor has after the equipment leaso agreed to make or expires, normally ' under- (c) Any person or organization takes to make in (referred to below as ven- the usual course dor) with whom you have of business, in agreed per paragraph connection with above to provide in- the distribution or surance, but only with re- sale of the prod- spect to "bodily injury" or ucts; `property damage" arising f) Demonstration, in- put of"your products"which stallation, servic- are distributed or sold in the tions operaing or repair op- regular course of the ven- orations, except dor's business, subject to such the following addffional ex- such performed operations the elusions; vendor's premises 1) The Insurance afforded in the sale of the oonection with the vendor does not apply to: product; a) "Bodily injury' or 9) ariadistributionctswhich, "property damage" sale b or for which the von- been by have dor is obligated to pay .damages by relabeled or used reason of the as- as a container, sump#on of habil- part or ingredient Pty m a contract or or any stance by g o agreement. This exclusion does not for the vendor, apply to liability for 2} This insurance does venthat the not apply to any in- venddoror would have in the ah- surad person or or- sence of the con- ganizaiion: tract or agree- a) From whom you ment; have acquired b) Any express war- such products, or rarity unauthorized any ingredient, by you, part or container, entering into, ac- lhcltrdes copyrlghted material of insurance GAS 02 07 Services Office,lac.,with its permission Page 11 of 15 companying or 2) This insurance does containing succi not apply to "bodily in- products:or jury,, "property dam- age' or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations "products- performed for the state oompleted opera- or political subdivision. tions hazard' has been excluded ( Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9,a,(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your (d) Any state or political subdi- work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additlonal provision: of this endorsement contin- This Insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connee- piraf7on date of this Cover- lion with premises you own, age Part. if there is no rent or control and to which written contract or agree- thls insurance applies; ment,or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a trance, repair, con- person or organization's struction, erection; or status as an insured under rernovat of advertising this endorsement ends signs, awnings, cava- when your oparatlons for pies, cellar entrances, that inspired are completed. coal hofes, driveways, (3} Any insurance provided to an manholes, marquees, additional Insured designated hoist away openings, sidewalk vaults, street under Paragraph 9,a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec- included within the "prod- t on, or removal of ele- acts-cotripletod operations vators:or- hazard", 3) The ownership, main- (b) Subparagraphs (a), (b), (d), terrance, or use of any (e)and (f)does not apply to elevators covered by bodily Injury", "property this insurance, damage" or "personal and advertising injury arising (e). Any state or political subdf- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9,a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional Insured;or 1) This insurance applies (c) Subparagraph (t) does not only with respect to op- -pply to "bodily injury", orations performed byy "property damage" or "per- you or an your bohatf sonal and advertising injury" for which the state or arising out of. ppolitical subdivision has 1J t7efacts in design fur- fssued a permit. niched by or on behalf includes copyrighted material of insurance GA 233 02 07 Services Office, Inc.,with Its permission. Page 12 of 19 I of the additional in- spects any other insurance sured;or policy issued to the addi- 2) The rendering of, or tional insured, and such failure to render, any other insurance policy shall professional architeo- be excess and 1 or noncon• turas, engineering or trlbuting, whichever applies, surveying Services, in- with this insurance. cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be approving or fail- primary to other insurance Ing to prepare or avail 6 to the additional approve maps, insured except: shop drawings, 1) As otherwise provided opinions, reports, In SECTION IV surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5.Qiher and specifications; Insurance,"b. Excess and Insurance;or b) Supervisory, in- 2) For any other valid and speotfon, arohi- collectible insurance to eningturaf ti ies, available to the addi- neering activities. tional insured as an 3) "Your work"for which a additional Insured by consolidated (wrap-up) attachment of an en- insurance program has dorsement to another been provided by the insurance policy that is primecontraotor-project writlen on an excess manager or owner of basis. In such case, the construction project the coverage provided in which you are in- under this endorse- volved. meat shall also be ex- b. Only with regard to Insurance pro- cess. vided to an additional insured desig- (2) Condition 11. Conformance to hated under Paragraph 9,a.(2) Sub- Specific Written Contract or paragraph (f) above, SECTION III - Agreement is hereby added; LIMITS OF INSURANCE is amended to Include: 11, Conformance to Specific Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds the Declarations of thisds described in Para- coverage graph described above only. Fart, whichever are less. If no limits are specified in the written contract If a written contract or or agroernent, or if there is no written agreement between you contract or agreement, the Ilmtts ap- and the additional insured plicable to the additional insured arespecifies that coverage for those specified in the Declarations of the additional insured,- this nsured:this Coverage Part The.limits of in- surance are inclusive of and not in a. fie provided by the In- addition to the limits of insurance surance Services Of- shown it1 the Declarations, fine additional insured c. SECTION IV - COMMERCIAL GEN- form number CG 20 10 ERRL, LIABILITY CONDITIONS is edition specified),or CG 20 37 or hereby amended as follows: b. Include coverage for (1) Condition S. Other Insurance is completed operations, amended to include or (a) Where required by a written c. include coverage for contract or agreement, this Include coverage insurance N: primary and / or noncontributory as re- and where the limits or cov- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office,inc.,with its permission. Page 13 of 15 tional insured is more re• 11, of tf�is endorsement fix the striotive than was specifi. most we will pay in any one "oc- cally required in that written currence" regardle$s of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(b) or 9.1% (a) Insureds; above, or any combination thereof, shall be Interpreted {b} Claims made or "suits" as providing the limits or brought;or coverage required by the (c) Persons or organizaboos terms of the written contract making claims or bring or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage Part to which this endorse- (a) Our obligationouto pay dam- Part on your ment is attached, It, how behalf applies ever, the written contract or only to the amount of dam agreement specifies the in- ages for each "occurrence" surance Services Office which are in excess of the additional insured form Deductibie amount stated in number CG 20 10 but does Section B. Limits of fnsur- not specify which edition, or ance, 11, of this endorse- specifies an edition that ment. The limits of insur- does not exist, Paragraphs ance will not be reduced by 9.a.(3)(a) and 9.a.(3)q(b) of the application of such De- this endorsement shall not ductible amount. apply and Paragraph 9,15. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply fense, Claim or Suit, ap. 10. Broadened Contractual Liability -Work plies to each elalm or 'suit" Within 5W of Railroad Property irrespective of the amount, it is hereby agreed that Paragraph 1.(1 of (c) We ma pay any part or all Definition 12. "Insured eontraot" (SEC- of the deductible amount to TION V-DEFINI-nONS)is deleted, effect settlement of any claim or 'suit" and, upon 11. Properly Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as elusion j. Damage to Property of has been paid by us. Paragraph 2.; Exclusions of SEC- TION i-COVERAGES, COVERAGE 12, Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a,(1)(d) of SECTION Il - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees"who provide professional health are not being used to perform opera- care services on your-behalf as duly ]I- tions at the time Qf loss, censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Techniclans;or dorsement, the following additional provisions apply., c, Paramedics, (1) The Limits of Insurance shown in the jurisdiction where an "occurrence" in the Declarations Are replaced or offense to which this insurance applies by the limits designated In Sec., takes place. tion 13: Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a, of Condition 2, Duties in inclusive of and not in addl tion to the Event of Occurrence, Offense, the limits being replaced. The Clain, or Suit (SECTION IV- COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of insurance, Includes copyrighted material'of Insurance CA 233 02 07 Services Office,Inc.,with its permission. Page 14 of 16 TIONS) is hereby deleted and replaced by the following. ( ) The names and addresses of any injured persons and wit- a- You must sed to it that we are noti. nesse5;and fied as soon as practicable of an o (3) The nature and location of any "aecurrenee" or err offense which injurer Of damage arising out of may result in a claim. To the extent the 'occurrence or offense. possVe, notice should inctuda; (1) Now, when and where the "ac- This requirement applies only when the 'occurrence"or offense Is known currence"or offense took place; to an"authorized representative Includes copyrighted material of Insurance GA 233 a2 47 Services Office, Ina.,with its permission. Page 16 of 15