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HomeMy WebLinkAboutOSHA Process Safety Mng. & EPA Risk Mng. Plan CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE,P.O.BOX 1130,OSHKOSH, WI 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Matt Schroeder Date: June 14, 2017 Fehr Graham Engineering Subject: Executed Agreement for OSHA 1237 Pilgrim Road Process Safety Management and EPA Plymouth,WI 53073 Risk Management Plan Compliance Audits Please find: Z Attached ❑ Under Separate Cover ❑ Copy of Letter ❑ Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the OSHA Process Safety Management and EPA Risk Management Plan Compliance Audits. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. Steve Brand—Copy City Clerk's—Original cc: File—Original Signed: Trac v/L. Taylor 1:\Engineering\Tracy Taylor\Steve Brand Agreements\Fehr Graham\Schroeder LOT-Executed Agreement_6-14-17.docx G w AGREEMENT This AGREEMENT, made on the J1 day of [ r" 2017,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referrogto as CITY, and FEHR GRAHAM ENGINEERING & ENVIRONMENTAL, 1237 Pilgrim Road, Plymouth, WI 53073, party of the second part,hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for OSHA PROCESS SAFETY MANAGEMENT AND EPA RISK MANAGEMENT PLAN COMPLIANCE AUDITS. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Matt Schroeder—Project Manager 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 AGREEMENT: Stephan M.Brand—Public Works Utility Bureau Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. . If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Fehr Graham\Fehr Graham Agreemenl_5-19- Page 1 of 5 17.dorx ^ � . � �s \��> >� � , . �. / � �\ , � \� � ` <� /2 » y �.�, :\ y° �\�g> ���� ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT'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 VI. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts,all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached,as if hereto attached: 1. This Instrument 2. CONSULTANT's Proposal dated April 19,2017 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT 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. l:\Engineering\Tracy Taylor\Steve Brand Agreements\Fehr Graham\Fehr Graham Agreement_5-19- Page 2 of 5 17.doc ARTICLE VIII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $13,250 (Thirteen Thousand Two Hundred Fifty Dollars). • Attached fee schedule shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty(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 CONSULTANT 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. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s)not including documentation. ARTICLE IX. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT,his/her agents or assigns,his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT 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 for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, 1:\Engineering\Tracy Taylor\Steve Brand Agreements\Fehr Graham\Fehr Graham Agreement_5-19- Page 3 of 5 17.docx including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE X. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XI. TERMINATION A. For Cause. If the CONSULTANT 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 CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory,usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT 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. ARTICLE XII. RE-USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form,are instruments of service for this PROJECT,whether the PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANT's officers,employees, subcontractors, and affiliated corporations from all claims, damages,losses, and costs,including,but not limited to,litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. ARTICLE XIII. SUSPENSION DELAY OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\Tracy Ta3'1or\Steve Brand Agreements\Fehr Graham\Fehr Graham Agreement-5-19- Page 4 of 5 17.docx ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By: (Seal of Consultant f ()e,C-� R A L^ if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A.Rohloff, City Manager And (Witness) Pamela R.Ubrig,City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which 4 will accrue under this AGREEMENT. 4Arorney City Comptroller l:\Engineering\Tracy Taylor\Steve Brand Agreements\Fehr Grabam\Fehr Graham Agreement_5-19- Page 5 of 5 17.do" ANA TEL: (920)892-2444 FEH*K'4' G R ♦N CELL: (920)838-6373 —�— W ENGINEERING&ENVIRONMENTAL e-mail: mschroeder@fehr-grohom.com April 19, 2017 Steve Brand p\ R. `' ?0 1 Utilities City of Bureau Manager ����, wot,1�5 215 Church Ave ��stlht'sll, ��Jtsc()N��it PO Box 1130 Oshkosh, WI 54903-1130 RE: Proposal for OSHA PSM &t EPA RMP Compliance Audits Dear Mr. Brand, Fehr Graham is providing this proposal to complete audits of the OSHA Process Safety Management (PSM) and USEPA Risk Management Plans (RMP) for the City of Oshkosh Water Filtrations Plant and Wastewater Treatment Plant. This audit will satisfy the requirement that you conduct an OSHA PSM and EPA RMP compliance audit for all regulated processes every three years. The purpose of the audits are to determine if the established programs and procedures satisfy the EPA RMP and the OSHA PSM standards. The audits will also determine if the facility's established procedures are being followed. Shown below is a scope of work incorporating a range of activities that will be covered throughout this audit. Matt Schroeder will serve as the Fehr Graham Project Manager and will work closely with a designated contact person at each facility in scheduling the audit visits and determining your needs. Scope of Work Fehr Graham is proposing to conduct compliance audits of the EPA RMP and OSHA PSM requirements for the Water Filtration Plant and the Wastewater Treatment Plant. The Water Filtration Plant has two separate PSM/RMP plans covering the use of Ammonia and Chlorine. Each plan will be reviewed during the audit. The Waste Water Treatment Plant has one PSM/RMP plan covering the use of Chlorine. Fehr Graham will coordinate the audits along with an audit team assembled by the Utilities Bureau Manager. Personnel from the Water Filtration Plant and the Wastewater Treatment Plant, knowledgeable in the regulated processes, will be included in the audit team for their respective audits. The audits wilt include a review of the facility Plans and required supporting documentation, interviews of personnel, and a walk through and inspection of the covered processes and areas. The audit will be conducted following current OSHA audit guidelines and standards. The OSHA audit guidelines include a series of questions designed to elicit a "yes" or "no" response from the audit team. These will be supplemented by 1237 Pilgrim Road I Plymouth,WI 53073 I p:920.892.2444 I f:920.892.2620 I www.fehr-graham.com Insight. Experience. Results. April 19, 2017 City of Oshkosh RMP/PSM Audits Page 2 EPA RMP audit guidelines when available and as needed. All items determined to be deficient (typically a "no" response) will be listed as a finding in the audit report. After the audit team has reviewed all pertinent records, interviewed necessary personnel, and conducted a process walk through, the team will assemble to review notes. The team will review all items considered deficient and identify the reason for the deficiency. The team will also discuss possible corrective actions. All identified corrective actions should then be assigned to the appropriate staff for follow-up. Fehr Graham will prepare an audit report for each facility documenting all findings, recommend corrective actions, assign personnel, and target corrective action evaluation dates. Cost and Schedule The total cost for completing the PSM/RMP audits is estimated to be $13,250.00. Fehr Graham is proposing to complete the audits on a time and materials basis. This project will be broken into two tasks and time and materials will be tracked and invoiced separately for each: • Task One will include the PSM/RMP audits for Chlorine Et Ammonia at the Water Filtration Plant. Estimated costs associated with Task One are $7,750. • Task Two wilt include the PSM/RMP audit for Chlorine at the Wastewater Treatment Plant. Estimated costs associated with Task Two are $5,500. The work wilt require approximately four to six weeks for completion, and can be started upon authorization to proceed. Please feet free to contact me with any questions you may have regarding this proposal. Should you elect to proceed with the services outlined please contact me and a Work Order Agreement will be issued for your approval and signature. Thank you for the opportunity to provide you with this proposal. We took forward to hearing from you. I can be reached at (920) 892-2444 or by email at: mschroeder@fehr- graham.com. Sincerely Matt Schroeder Fehr Graham FEHRGRANAAM ENGINEERING&ENVIRONMENTAL 'tECEJVED - 2017 Personnel Chareeout Rates APS{ 3 2017 Principal $195 DEPT OP PUBLIC WORKS OSHKOSH, WISCONSIN Project Manager $100 - 185 Engineering: Sr. Project Engineer $115 - 175 Project Engineer $ 80 - 135 Staff Engineer $ 75 - 95 Engineer $ 70 - 90 Sr. Engineering Technician $ 75 - 130 Associate Engineering Technician $ 60 - 90 Engineering Technician $ 40 - 90 Landscape Architect $115-190 GIS Specialist $ 70 - 80 Surveying: Survey Manager $150 - 160 Land Surveyor $ 80 - 140 Survey Crew Chief $ 70 - 95 Surveyor $ 75 - 85 Survey Technician $ 50 - 70 Environmental, Health, Et Safety: Sr. Safety Specialist $110 - 120 Sr. Project Hydrogeologist $100 - 110 Safety Specialist $ 80 - 110 Environmental Project Scientist $ 80 - 110 Environmental Scientist $ 80 - 100 Environmental Specialist $ 55 - 85 Environmental Technician $ 60 - 85 Hydrogeologist $ 65 - 80 I.T. Consultant $ 70 - 105 Grant Writer / Community Development Specialist $ 80 - 120 Project Administrator $ 70 - 95 Project Assistant $ 64 Charges for expert testimony will be at a rate 1.5 times the standard hourly rate. Minimum 4 hours. Overtime hours charged at standard rates when Fehr Graham controls scheduling. Reimbursable Direct Expenses will be charged at invoice cost+15%. Client#:29020 FEHRGRA ACOR& CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY) 3/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Valerie DeBoer Dimond Bros Insurance,LLCPHONE 815 235-7717 FAX815 235-2255 ___ AIC No Ext): AIC,No 660 W Stephenson St. RECEIVED ADDRESS: valerie.deboer@dimondbros.com Freeport,IL 61032 _ INSURER(S)AFFORDING COVERAGE NAIC# (815)235-7717 ext. 1323 INSURER A:Travelers Insurance Company INSURED I INSURER B:ACE American Insurance Company Fehr-Graham&Associates,LLC 221 E.Main,Suite 200 DEPT OF PUBLIC WORKS INSURERC: Freeport,IL 61032 OSHKOSH, WISCONSIN 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 CONTRACTOR 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. LTR TYPE OF INSURANCE NSR WVD ADDLSUBR POLICY NUMBER POLICY YIYEYYY MMIDID� LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 68021-1592476 9/15/2016 09/1512017 EACHOCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR PREMISES EaEoNcourrence $300,000 x ISO Form CG 20 37 MED EXP(Any one person) $5,000 orEquilvalent PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR - POLICY a JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: 1 $ A AUTOMOBILE LIABILITY Y BA6A185070 9/15/2016 09/15/201 COEaMBINED accident SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident A X UMBRELLA LIAB X OCCUR Y Y CUP6A244904 9/15/2016 09/15/201 EACH OCCURRENCE $5 000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED FXTRETENTION$1O 000 1 $ A WORKERS COMPENSATION Y UB3785T420 9/15/2016 09115/2017 X PER OH- ERT EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? � N/A -- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liab Y G25549855001 9/15/2016 09/15/201 $2,000,000 Each Claim with Pollution $2,000,000 Agg Impairment Liab $100,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Subject to the terms and conditions of the policy, City of Oshkosh, and its officers,council members, agents,employees and authorized volunteers are added as additional insureds on the General Liability but only if required by written contract and only with respects to liability arising out of the work performed by or on behalf of the named insured for the Certificate Holder.Subject to the terms and conditions of the policy,General Liability policy is Primary and Noncontributory in favor of the above additional (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City f Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y oosTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 1' ;. De" i►owv � ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S419475/M383349 VDEBO DESCRIPTIONS (Continued from Page 1) insured(s). The Producer shown on the ACORD 25 will provide the Certificate Holder 30 days written notice of cancellation if cancellation of the policy(ies)shown on the Certificate is initiated by the Insurance Company(les)for reasons other than non-payment of premium. **Workers Comp Information** Proprietors/Partners/Executive Officers/Members Excluded: Joel P.Zirkle,Principal R.Todd Weegens,Principal Michael W.Gronewold, Principal Ken R Thompson,Principal Adam G.Holder,Prinicipal Noah J.Carmichael,Principal Blanket Waiver of Subrogation **Supplemental Name** First Supplemental Name applies to all policies-Fehr&Graham&Associates First Supplemental Name applies to all policies-Fehr-Graham&Associates LLC First Supplemental Name applies to all policies-Fehr-Graham&Associates,Engineering and Science Consultant First Supplemental Name applies to all policies-Fehr-Graham&Associates,Consulting Engineers First Supplemental Name applies to all policies-Joseph G Graham and Allen E Fehr Consulting Engineers First Supplemental Name applies to all policies-R.Todd Weegens, Ken R.Thompson,Michael W.Gronewold, First Supplemental Name applies to all policies-Adam G.Holder,Joel P.Zirkle,Noah J.Carmichael SAGITTA 25.3(2014/01) 2 of 2 #S419475/M383349 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section Iln for this Coverage (Section 11): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance"to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However,if you specifically agree in a"contract or jury", property damage or personal injury agreement requiting insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured,and we will not rented to you;or share with the other insurance,provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs;and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for"bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance,whether primary, excess, contingent or The insurance provided to such additional insured on any other basis,that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work"performed by you, or on your behalf, under agreed in that"contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before,and in effect when, the"bodily CG D3 8109 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with Its permission. COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section 1/); a. After you have entered into that contract or "Contract or agreement requiting insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect;and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ®2007 The Travelers Companies,Inc. CG D3 8'1109 07 Includes the copyrighted material of Insurance Services Office,Inc.,Wth Its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this Endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties,and what is and is not covered. A. Broadened Named Insured N. Additional Insured — Architect, Engineer Or B. Incidental Medical Malpractice Surveyor C. Reasonable Force — Bodily Injury Or Property 0. Who Is An Insured —Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft— Increased To Up To 75 P. Who Is An Insured — Unnamed Partnership Or feet Joint Venture—Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense G. Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- 1. Increased Supplementary Payments tract Or Agreement J. Additional Insured — Owner, Manager Or Lessor U. Amended Bodily Injury Definition Of Premises V. Amended Insured Contract Definition — Railroad K. Additional Insured—Lessor Of Leased Equipment Easement L. Additional Insured — State Or Political Subdivi- W Amended Property Damage Definition—Tangible sions—Permits Relating To Premises Property M. Additional Insured — State Or Political Subdivi- X. Additional Definition — Contract or Agreement sions—Permits Relating To Operations Requiring Insurance PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the 1. The Named Insured in Item 1. of the Com- policy period, that you no longer are the sole owner of, or maintain the majority ownership mon Policy Declarations is amended as fol- lows: interest in,such organization. The person or organization named In Item 1. 2. This Provision A. does not apply to any per- of the Common Policy Declarations and any son or organization for which coverage is ex- organization, other than a partnership, eluded by another endorsement to this Cov- 9 � p p, Joint erage Part. venture, limited liability company or trust, of which you are the sole owner or in which you B. INCIDENTAL MEDICAL MALPRACTICE maintain the majority ownership interest on 1. The following is added to Paragraph 1.Insur- the effective date of the policy. However, ing Agreement of COVERAGE A BODILY CG D3 79 09 07 p 2007 The Travelers Companies,Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES(Section 1): PROPERTY DAMAGE "Bodily injury"arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) Is de- deemed to be caused by an "occurrence". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the insured. This son will be deemed one"occurrence". exclusion does not apply to "bodily injury" or 2. As used in this Provision B.: "property damage" resulting from the use of rea- in nursing ser- sonable force to protect any person or property. a. "First aid"means medical D. NON-OWNED WATERCRAFT — INCREASED vice, treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph(2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided in AGE LIABILITY in COVERAGES (Section I) DAM- an emergency and for which no remu- neration Is demanded or received. is deleted and replaced by the following: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- (2) A watercraft you do not own that is: SURED (Section II) does not apply to any of (a) Less than 75 feet long; and your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such "employ- (Section 11) is amended to include as an in- ees" rendering "Good Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or implied consent, either uses or is respon- of their employment by you. sible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other insurance available to the insured, LIABILITY in COVERAGES(Section I): whether primary, excess, contingent or on Sale of Pharmaceuticals any other basis, except for insurance pur- "Bodily injury" or"property damage"aris- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part, pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- 5. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur- ERAGES(Section I): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of Insurance shown in the Decla- to any insured. rations for this Coverage Part. Page 2 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or tered aircraft is owned by any insured. temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner,caused by:fire;explosion;light- shall be excess over any valid and collectible ning; smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same "occurrence", whether such dam- of the Limits of Insurance shown in the Decla- age results from: fire; explosion; lightning; rations for this Coverage Part. smoke resulting from such fire, explosion, or F. EXTENSION OF COVERAGE — DAMAGE TO lightning;or water;or any combination of any PREMISES RENTED TO YOU of these causes. 1. The last paragraph of COVERAGE ABOD- The Damage To Premises Rented To You Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE a. t will b, the or LIABILITY in COVERAGES (Section 1) is deleted and replaced by the following: b. The amount shown for the Damage To Exclusions c.through n.do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or tem- Declarations for this Coverage Part. porarily occupied by you with permission of 4. Paragraph a.of the definition of"insured con- the owner,caused by: tract" in DEFINITIONS (Section V) is deleted a. Fire; and replaced by the following: b. Explosion; a. A contract for a lease of premises. How- ever, that portion of the contract for a How- c. Lightning; lease of premises that indemnities any d. Smoke resulting from such fire, explo- person or organization for damage to sion,or lightning;or premises while rented to you, or tempo- e. Water. rarily occupied by you with permission of A separate limit of insurance applies to this the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE(Section III) "insured contract"; 2. The insurance under this Provision F. does 5. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner,caused by: PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another sure relief devices; endorsement to this Coverage Part. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION — EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure,caused by or resulting from wa- OTHER EXCLUSION ter; or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion in 2. Exelu- steam engines,or steam turbines. sions of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section III) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 5. above, the Damage To Prem- This exclusion does not apply to"personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A. for the sum of all damages because of "property damage" to CG D3 79 09 07 0 2007 The Travelers Companies,Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declare- struction or demolition operations tions for this Coverage Part is increased to performed by or on behalf of such $10,000, additional insured;or 1. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is excluded by another endorsement to Paragraphs 1.16. and 1.d. of SUPPLEMENTARY this Coverage Part. PAYMENTS — COVERAGES A AND B in COW ERAGES(Section 1)are amended as follows: 3. This Provision J. does not apply on any 1. In Paragraph 1.b., the amount we will pay forbasis to any person or organization for the cost of bail bonds is increased to$2500. which coverage as an additional insured specifically is added by another en- 2. In Paragraph 1.d.,the amount we will pay for dorsement to this Coverage Part, loss of earnings is increased to$500 a day. K. ADDITIONAL INSURED — LESSOR OF J. ADDITIONAL INSURED — OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES I. WHO IS AN INSURED (Section II) is 1. WHO IS AN INSURED (Section 11) is amended to include as an insured: amended to include as an insured: Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part,but: Part,but: a. Only with respect to liability for"bodily in- a. Only with respect to liability for"bodily in- jury"or"property damage"that occurs,or jury"or"property damage"that occurs,or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement;and that contract or agreement; and b. Only if the"bodily injury", "property Jam- b. Only if the"bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional in- or use of that part of any premises leased sured. to you under that contract or agreement. 2. The insurance provided to such additional 2. The insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the following provisions: the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the con- which you agreed to provide in the con- tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, the Declarations for this Coverage Part, whichever are less;and whichever are less;and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: insured does not apply to: (1) To any "bodily injury" or "property (1) Any "bodily injury" or"property dam- damage"that occurs,or"personal in- age" that occurs, or "personal injury" jury" caused by an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires;or premises; Page 4 of 8 ©2007 The Travelers Companies,Inc, CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY (2) If the equipment is leased with an N. ADDITIONAL INSURED — ARCHITECT, ENGI- operator. NEER OR SURVEYOR 3. This Provision K.does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED(Section 11)to include erage as an additional insured specifically is as an insured: added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or L. ADDITIONAL INSURED — STATE OR POLITI- agreement requiring insurance"to include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for"bodily in- The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury" IS AN INSURED (Section 11) to include as an that is caused, in whole or in part, by acts or insured: omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has issued a your premises or"your work", permit in connection with premises owned or oc- 2. This Provision N.does not apply on any basis cupied by, or rented or loaned to, you, but only with respect to"bodily injury","property damage", to any person or organization for which cov- "personal injury"or"advertising injury"arising out erage as an additional insured specifically is of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair,construction,erection or removal of adver- erage Part. Using signs, awnings, canopies, cellar entrances, 0. WHO IS AN INSURED—NEWLY ACQUIRED coal holes,driveways,manholes,marquees,hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decorations for which that state or (Section II) is deleted and replaced by the political subdivision has issued such permit. following: M. ADDITIONAL INSURED — STATE OR POLITI- a. Coverage under this provision is afforded CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section 11) to include as an such newly acquired or formed organiza- insured: tion that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the �� �� �� "bodily�� organization s ontiuntil tlhe end of the underl be covered o{cthe permit, but only with respect to bodily injury", property damage", personal injury' or advertis- p policy p ing injury"arising out of operations performed by Hod, even if there are more than 180 you or on your behalf for which that state or po- days remaining until the end of the policy litical subdivision has issued such permit. How- period; ever, no such state or political subdivision is an 2. This Provision O. does not apply to any or- insured for: ganization for which coverage is excluded by 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part. injury" or "advertising injury" arising out of P. WHO IS AN INSURED—UNNAMED PART- operations performed for that state or political NERSHIP OR JOINT VENTURE—EXCESS subdivision; or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily injury" or"property damage"included (Section 11) is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 09 07 ©2007 The Travelers Companies,Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture: eral Aggregate Limit for that "project', but a. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations,and a. Any other Per Project General Aggregate b. In which you are a member or partner Limit for any other"project'; where each and every one of your co- b. The General Aggregate Limit;or ventures in that joint venture is an archi- c. The Products-Completed Operations Ag- tectural,engineering,or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is available covering your liability with respect "Project"means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is issued to ing the applicable aggregate limit of insur- such partnership or joint venture. ance, each "project" that includes premises involving the same or connecting lots, or Q. PER PROJECT GENERAL AGGREGATE LIMIT premises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section 111) is deleted and replaced by the of-way of a railroad shall be considered a sin- following: gle"project". The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- will pay for the sum of. RENCE OR OFFENSE a. Damages under Coverage 13;and The following is added to Paragraph 2. Duties In b. Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS(Section IV): which cannot be attributed only to opera- Notice of an "occurrence"or of an offense which tions at a single"project". may result in a claim must be given as soon as 2. The following is added to LIMITS OF IN- practicable after knowledge of the "occurrence" SURANCE(Section III): or offense has been reported to you, one of your "executive officers"(if you are a corporation),one A separate Per Project General Aggregate of your partners who is an individual (if you are a Limit applies to each "project" for all sums partnership), one of your managers (if you are a which the insured becomes legally obligated limited liability company), one of your trustees to pay as damages caused by "occurrences" who is an individual (if you are a trust), or an under Coverage A and for all medical ex- ^employee"(such as an insurance, loss control or penses caused by accidents under Coverage C which can be attributed only to operations risk manager or administrator)designated by you to give such notice. at a single"project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other"employee"of an "occur- shown in the Declarations for this Coverage rence" or offense does not imply that you also Part. have such knowledge. Page 6 of 8 ©2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY Notice of an "occurrence"or of an offense which 4. "Your products". may result in a claim will be deemed to be given We waive these rights only where you have as soon as practicable to us if it is given in good agreed to do so as part of a contract or agree- faith as soon as practicable to your workers'com- ment entered into by you before, and in effect pensation, accident, or health insurer. This ap- when, the "bodily injury" or "property damage" plies only if you subsequently give notice of the occurs,or the"personal injury"offense or"adver- occurrence or offense to us as soon as practi- tising injury"offense is committed. cable after you, one of your "executive officers" U. AMENDED BODILY INJURY DEFINITION (if you are a corporation), one of your partners who is an individual (if you are a partnership), The definition of "bodily injury" in DEFINITIONS one of your managers(if you are a limited liability (Section V) is deleted and replaced by the follow- company),one of your trustees who is an individ- ing: ual(if you are a trust), or an "employee"(such as "Bodily injury"means: an insurance, loss control or risk manager or ad- ministrator)designated by you to give such notice a. Physical harm, including sickness or disease, discovers that the "occurrence" or offense may sustained by a person; involve this policy. b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following is added to Paragraph 6. Rep- physical harm,sickness or disease;or resentations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS(Section IV): any time from such physical harm, sickness The unintentional omission of, or uninten- or disease. tional error in, any information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we relied upon in issuing this pol- —RAILROAD EASEMENT icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of"insured insurance. contract" in DEFINITIONS (Section V) is de- 2. This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonrenewal in accor- 2. Subparagraph f.(1) of the definition of "in- dance with applicable insurance laws or regu- sured contract" in DEFINITIONS (Section V) lations. is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN —TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph B. Transf®r The definition of "property damage" in DEFINI- TIONS (Section V) is deleted and replaced by of Rights of Recovery Against Others to Us of the following: COMMERCIAL GENERAL LIABILITY CONDI- TIONS(Section IV): "Property damage"means: We waive any rights of recovery we may have a. Physical injury to tangible property, including against any person or organization because of all resulting loss of use of that property. All payments we make for "bodily injury", "property such loss of use shall be deemed to occur at damage", "personal injury" or "advertising injury' the time of the physical injury that caused it; arising out of: or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the"occur- 2. Ongoing operations performed by you, or on rence"that caused it. your behalf, under a contract or agreement For the purposes of this insurance,tangible prop- with that person or organization; erty does not include data. 3. "Your work'; or CG D3 79 09 07 C 2007 The Travelers Companies,Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V— and"property damage"occurs,and the"personal DEFINITIONS: injury"is caused by an offense committed: "Contract or agreement requiring Insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or organization as an additional insured on this is in effect;and Coverage Part,provided that the "bodily injury" c. Before the end of the policy period. Page 8 of 8 0 2007 The Travelers Companies,Inc, CG D3 79 09 07 TRAVELERS WORKERS COMPENSATION AND HART1�OnTtb, CT 06283 ONE TOBQDARB EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13(00)-01 POLICY NUMBER: (XFUS-3785T42-0-16) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 09-27-16 ST ASSIGN: COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION 11 — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow;and during the policy period, to be named as an addi- (2) Any covered"auto"hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 0 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc,with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1.,Who Is us advised of all proceedings and ac- An Insured,of SECTION Il—COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee"of yours is an "insured"while us- "insured" will make any settlement ing a covered"auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS— INCREASED (iii)in may, at our"insured", participate LIMITS in defending the"insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION 11—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury"or"property damage"to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to famish sured" pays with our consent, but these bonds, only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- s the "insured" against any such ERAGE—INDEMNITY BASIS "suit", but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not In TIONS: addition to such limit, Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto"you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ®2015 The Travelers Indemnity company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered"auto"you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that"auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance, b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty;and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or"loss" is known TION 111—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- 1. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curved by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION 111 — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- We will a u to $400 for "loss" to wearing a tent required of you by a written contract pay P 9 p- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an"insured';and arises out of operations contemplated by CA T3 53 02 15 ®2015 The Travelers Indemnity,Company.All rights reserved- Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission_ COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ®2015 The Travelers Indemnity company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with Its permission.