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HomeMy WebLinkAboutRuekert-Mielke & Oshkosh/Water Main Construction 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: And Burt Date: June 14, 2017 Ruekert-Mielke Subject: Executed Agreement for Material 258 Corporate Drive, Suite 200 Pipe Comparison for Water Main E—t Madison, WI 53714-2407 Construction Please find: 0 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 For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the material pipe comparison for water main construction. 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: Tr y L Taylor h Engineering\Tracy Taylor\Steve Brand Agrcernents\Ruekert-Mielke\Mat']Pipe Comparison\Burt LOT-Executed Agrecrncnt_6-14-17.docx AGREEMENT e-r This AGREEMENT, made on the day of . 2017, by and f r referred to as CITY, between the CITY OF OSHKOSH, party of the first part, herein 4 and RUEKERT-MIELKE, 258 Corporate Drive, Suite 200, Madison, WI 53714-2407, 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 MATERIAL PIPE COMPARISON FOR WATER MAIN CONSTRUCTION. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Andy Burt—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 11. 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 111. 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. 1:\Engineering\Tracy Taylor\Steve Brand Agreements\Ruckert-Mielke\Mat1 Pipe Comparison for Wtr Page 1 of 6 Mn Const-5-19-17.docx 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. 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 OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions, time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. 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. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Ruekert-Mielke\Mat'I Pipe Comparison for Wtr Page 2 of 6 Mn Const 5-19-17.docx ARTICLE VIII. 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 IX. 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 May 3, 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. ARTICLE X. 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 $20,600 (Twenty Thousand Six Hundred Dollars). • Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. 1:\Engineering\Tracy Taylor\Steve Brand Agreements\Ruckert-Mielke\Mat']Pipe Comparison for W tr Page 3 of 6 Mn Const 5-19-17.docx 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 XI. 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, 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. 1:\Engineering\Tracy Taylor\Steve Brand Agreements\Ruekert-Mielke\Mat']Pipe Comparison for Wtr Page 4 of 6 Mn Const 5-19-17.docx c ARTICLE XII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XIII. 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 XIV. RE-USE OF PROJECT 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 XV. 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. h Engineering\Tracy Taylor\Steve Brand Agreements\Ruekert-Mielke\Mat'I Pipe Comparison for Wtr Page 5 of 6 Mn Const 5-19-17.docx ARTICLE XVI. 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 h46�_ By: VW _51ECRETARY (Seal of Consultant if a Corporation) (Specify Title) 41 By: CORPORATE (Specify Title) C26 # CITY OF OSHKOSH (Witness) Mak 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 will accrue under this AGREEMENT. .AV6orner-Pe y A ty City Comptroller hEngineering\Tracy Taylor\Steve Brand Agreements\Ruekert-Mielke\Mat'l Pipe Comparison for Wtr Mn Comt-5-19-17.docx Page 6 of 6 RlRuekert - Mielke Your Infrastructure Ally 258 Corporate Drive,Suite 200 •Madison,WI 53714-2407•Tel. (608) 819-2600 May 3, 2017 RE=CEIVED Mr. Stephan Brand MAY 201-/ Director of Utility Operations DIT i C3F i'I_li3LIC WORKS Oshkosh Water and Wastewater Utilities JSIIhuSII, WISCONSIN 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 Re: Material Pipe Comparison for Water Main Construction "Ductile Iron Pipe Verses Polyvinyl Chloride Pipe" Dear Steve: The City of Oshkosh currently uses Class 52 ductile iron pipe (DIP), conforming to the specifications of AWWA C151, for all water main projects bid in the City. The ductile iron pipe is required to be wrapped with a Class C, Black, 8-mil polyethylene encasement wrap, conforming to the specifications AWWA C105, for corrosion protection. The ductile iron pipe is required to have a minimum of 6-inches of 3/4-inch clear bedding stone below and above the pipe. The bedding stone is required to meet or exceed the requirements for No. 1 stone as specified in Section 501.2.5.4 of the State of Wisconsin Standard Specifications. The City of Oshkosh currently uses a Type "K" soft annealed seamless copper tubing conforming to the specifications of ASTM B-88 for all the water services installed in the City. Due to the increasing cost of ductile iron pipe and copper tubing, the City of Oshkosh is considering to allow the use of polyvinyl chloride (PVC)pipe for water main and polyethylene (PE) piping for water services. At this time, the Utility is looking to perform a comparison of the advantages and disadvantages of using DIP verses PVC pipe. The comparison will be used to determine the pipe materials to be used for upcoming water main projects. Ruekert&Mielke, Inc. (R/M) appreciates the opportunity to assist the Oshkosh Water Utility on this important proj ect. Project Description This project involves providing a detailed comparison of water main materials, DIP and PVC, and a comparison of water service materials, PE and copper. Utilizing existing available reference materials, the comparison will include a review of the material characteristics, installation, performance history, operational and maintenance considerations, and costs associated with each material. The final product will be a written summary of the findings,source documents, and recommendations for future use. Because different circumstances can lead to different outcomes, the summary will include guidelines and recommendations based upon the findings, regulatory requirements along with environmental, economic, and operational conditions to help the City make site specific decisions as to pipe material selection. Waukesha,WI Kenosha,WI Madison,WI Itasca,IL w vm.ruekert-m ie Ike.com N- Ruekert ® Mielke Your Infrastructure Ally Mr. Stephan Brand Material Comparison May 3, 2017 Page 2 Scope of Work Services to be provided for the Project are described as follows: Phase 1 —Project Planning and Research 1. Meet with Owner to review project goals and requirements. 2. Perform a preliminary review and evaluation of existing reference material. 3. Prepare a written proposal for the Owner. Phase 2—Report Development 1. Review existing available reference material,material standards, and supplier information and summarize the following for DIP and PVC water main and PE and copper water service pipe: a. Material Specifications b. Material Standards c. Design Criteria d. Construction Costs e. Construction Methods f. Maintenance Practices g. Performance 2. Review preliminary results with the City. Phase 3—Report Preparation 1. Prepare a Technical Memorandum describing the pros and cons of using DIP versus PVC pipe and PE water service pipe verses copper water service pipe for the City of Oshkosh water main projects. The Technical Memorandum will include an Engineer's recommendation of which pipe material is most cost effective and should be incorporated into the City of Oshkosh's standard specifications. 2. Provide a draft copy of the Technical Memorandum in .pdf format to Owner for review and comment. 3. Meet with Owner to discuss draft Technical Memorandum. 4. Incorporate Owner comments and forward a final copy of the Technical Memorandum in .pdf format to Owner. 5. Provide up to 4 printed copies of the final Technical Memorandum. Assumptions The proposed engineering fee is based on the following assumptions: 1. Criteria for material comparison will be limited to the attached outline in Exhibit A. Waukesha,WI Kenosha,WI Madison,WI + Chicago, IL • Global Water Center,WI • Fox Valley,WI www.ruekertmielke.com Ruekert •Mielke Your Infrastructure Ally Mr. Stephan Brand Material Comparison May 3, 2017 Page 3 Estimated Fee for Services Billing for this project will be on an hourly basis for services provided, not to exceed the amount identified below as the Estimated Fee without written approval by the City. R/M will bill monthly for services, expenses, and equipment as the work is completed. Monthly charges for services shall be based on R/M's current billing rates for applicable employees plus charges for expenses and equipment. Note that any changes and/or additions to the scope of work as requested by the City during the project may result in an increase to these fees. R/M's estimated fee for this work is listed below: Work Item Estimated Fee Material Pipe Comparison for Water Main Construction 'Ductile Iron Pipe Verses Polyvinyl Chloride Pipe" $ 20,600 Schedule We will perform our services as quickly as is consistent with the orderly progress of the Work. The schedule will be driven by the needs of the City to incorporate the findings of the comparison in the 2018 budget. It is anticipated that a working draft will be ready for review in early June, a near final draft in early to mid-July and a final draft for review to be completed no later than August 4th. The final technical memorandum will be delivered no later than August 31, 2017. We look forward to working with you on this project. Please contact me at your convenience to meet and review this proposal together,I can be reached at 608.819.2600 (office) or 715.350.9002 (mobile). Thank you again for the opportunity to assist the City of Oshkosh Water Utility with this important project. Very truly yours, RUEKERT&MIELKE,INC. Scott A. Beduhn, P.E. Senior Project Manager SAB Enclosure cc: Jason P. Lietha, P.E. Andy W. Burt, P.E. File R:ICLIENTS DATA\8270 Oshkosh\Pipe Comparison\Scope and Fee\Brand-20170419-Water Main Pipe Material Comparison.docx Waukesha,WI Kenosha,WI Madison,WI + Chicago, IL Global Water Center,WI + Fox Valley,WI www.ruekertmiell<e.com P WkRuekert • Mielke Your Infrastructure Ally 258 Corporate Drive,Suite 200•Madison,WI 53714-2407• Tel. (608) 819-2600 EXHIBIT A COMPARISON CRITERIA Waukesha,WI Kenosha,WI Madison,WI Itasca,IL w,."v.ruel<ert-m ielke.corn 1h1RuekertMie1ke Your Infrastructure Ally 258 Corporate Drive, Suite 200•Madison,WI 53714-2407•Tel. (608)819-2600 The review and comparison will be performed based upon the following outline of criteria. 1. Compare pipe characteristics of water main pipe ranging from 4-inch to 24-inch for both DI and PVC pipe based upon: a. Pressure Class/Rating b. Method of Design c. Internal pressure design d. External load design e. Live load f. Tensile strength g. Pipe stiffness h. Factor of safety i. Hydrostatic testing j. Hydrostatic burst pressure k. Flow Considerations i. Inside Diameter(Cross Sectional Area) ii. C factor iii. Velocities iv. Headloss 2. Compare installation of both DI and PVC pipe a. Handling techniques b. Installation temperature c. UV Exposure d. Bedding requirements e. Average amount installed per day f. Trench considerations g. Maximum depth of installation h. Frost considerations i. Modulus of soil reaction j. Permeation of contaminated soils k. Joint deflection 1. Restraining joints m. Corrosion n. Biological Attack o. Abrasion p. Thawing Frozen Pipe q. Leak Detection 3. Locating both DI and PVC pipe after installation a. Conductivity b. Use of locating device (Metro-Tec) c. Use of tracer wire i. Gauge of wire 1. Additional costs ii. Access points Waukesha,WI Kenosha,WI Madison,WI Chicago, IL Global Water Center,WI Fox Valley,WI www.ruekertmielke.com Rueker •Mielke Your Infrastructure Ally 4. Costs of both DI and PVC pipe a. Average cost of pipe material b. Installation cost c. Life cycle costs 5. Tapping and repairing of both DI and PVC pipe a. Water services i. Direct tap ii. Service saddle iii. Retention of corporation stops b. Tapping valves c. Repair sleeves 6. Compare water services material of copper and polyethylene based upon a. Installation techniques b. Tap into existing water mains c. Ability to locate d. Connections to other pipes e. Strength f. Durability g. Cost h. Expected design life 7. Performance history of both DI and PVC pipe a. Design life b. Water hammer c. Cyclic loadings d. Durability e. Impact strength f. Nearby excavations g. Types of breaks i. Cracks ii. Splits iii. Blowouts h. Other types of potential failures Waukesha,WI • Kenosha,WI • Madison,WI • Chicago, IL * Global Water Center,WI Fox Valley,WI www.ruekertmielke.com 2017 Rates (effective 01/02/2017) MM STANDARD HOURLY RATES ENGINEERING SERVICES MISCELLANEOUS pEPT OV hU iM 'W OI•," Engineer 7(Team Leader) 172.00 MILEAGE OS111{OSH, WISCONSIN Engineer 6(Senior PM) 157.00 For Engineers and Technicians .54/mile Engineer 5(PM) 147.00 For Construction Review Technicians .58/mile Engineer 4(Proj Engineer) 137.00 For Survey Crews .75/mile Engineer 3 116.00 Engineer 2 109.00 Print reproductions .30/sq.foot Engineer 1 95.00 Color copies .30/page Senior Engineer Technician 131.00 B&W copies .10/page Engineer Technician 3 110.00 Color plots 2.50/sq.foot Engineer Technician 2 99.00 Scanning .30/scan Engineer Technician 1 89.00 ADMINISTRATIVE SERVICES Project Assistant 70.00 Administrative Assistant 70.00 05/26/17 Marketing Dept>PROPOSALS>Proposals 2017>CT 02_KJW_Fox Valley>Oshkosh Department of Public Works>Piping Facilities>Fee Schedule.doc— Page 1 of 1 AREP� CERTIFICATE OF LIABILITY INSURANCE °05/24/2017 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER _„ CONTACT NAME: Willie of Illinois, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd „, A/C IL Ex AIC Nol: i.� l u E-MAIL certificates@willis.com P.O. Sox 305191 ADDRESS: Nashville, TN 372305191 USA yg INSURERS AFFORDING COVERAGE NAIC# W„.0k INSURERA: ACE American Insurance Company 22667 INSURED Ruekert a Mielke, Inc. ) , �'V m Kg' INSURERB: Ken Williams qJ)I E 9I i, SIN INSURER C: W233 N2080 Ridgeview Parkway �-) l w,(.) L , 11,4,;Q."� � INSURER D Waukesha, WI 531BB1020 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W2319061 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $,,,,,_____,_,___ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY PRO- ❑ ❑ JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED I I RETENTION$ $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED7 ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability N N EONG245795BA005 02/27/2017 02/27/2015 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh Attn: City Clerk AUTHORIZED REPRESENTATIVE 215 Church Avenue PO Box 1130 y,7 Oshkosh, WI 54903-1130 df ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 14633874 —CH: 330812 RUEK&MI-01 JHARF DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/24/2017 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). an,WI-Maritime Insurance GroupNAME: Sheboygan, CONTACT Jennifer Harris PRODUCER License#100290819 NN NAME: yg p,a dl4tiol ° Ijl'ui Int.Midwest PHONE FAX 832 Niagara Avenue (A/C,No,Ext):(920)482-0570 (A/C,No): Sheboygan,WI 53081 2,017 ADDRIESS :jeni.harris@hubinternational.com Y f,0 1 7 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company of America 12572 INSURED ) b"i, i )b)i� INSURER B:Selective Insurance Company Of South Carolina 19259 Ruekert&Mielke Inc 0`:'e11i�0""'i l" WI�>(,(�..�IJ`N INSURER C:Federal Insurance Company 20281 W233 N2080 Ridgeview Parkway INSURER D: Waukesha,WI 53188-1020 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 PERIOC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LT INSD WVD M !DD YW MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'0 CLAIMS-MADE X OCCUR S2062560 02/27/2017 02/27/2018 DAMAGETO S( RENTED 100,0 X RE (SES Ea occurrence $ _ MED EXP(Any oneperson) $ 5,0 PERSONAL&ADV INJURY $ 1'000'0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3'000'0 POLICY _?�] PE& a LOC PRODUCTS-COMP/OP AGG $ 3'000'0 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,0 Ea accide 0 $ X ANY AUTO X 52062560 02/27/2017 02/27/2018 BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X AUTOS ONLY X AUOTOS ONLY PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIARX OCCUR EACH OCCURRENCE $ 10'000'0 EXCESS LIAR CLAIMS-MADE X S2062560 02/27/2017 02/27/201$ AGGREGATE $ 10'000'0 DED I X I RETENTION$ 0 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY WC7999969 02/27/2017 02/27/201$ STATUE ER 1,000,0 ANY PROPRIETORlPARTNER/EXECUTIVE YN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1'000'0 If yes,describe under 1,000,0 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C D&O/EPL/Fiduciary 82236923 08/01/2016 08/01/2017 1,000,0 A Leased/Rented Equip S2062560 02/27/2017 02/27/2018 30,0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) (Material Pipe Comparison)City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are recognized as Additional Insureds as regards General Liability&Auto Liability.As per Forms#CG7300 01/16,CG7921 11/14&#CA7809 01/16.Additional Insured status extends on Umbrella policy as per Form#CXL4 04/03. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONTSCE WILL BE DELIVERED IN Attn:City Clerk 215 Church Avenue PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 ACORD 25 12016/031 ©1988-2015 ACORD CORPORATION. All riahts reserve ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY CG 79 21 11 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II — WHO IS AN INSURED is amended to This insurance does not apply to: include as an additional insured any person or organi- zation whom you have agreed in a written contract, "Bodily verb 'i "property damage" or"personal written agreement or written permit to add as an addi- tional insured on your policy. Such person or organi- rendering of, or the failure to render, any pro- zation is an additional insured only with respect to fessional architectural, engineering or survey- liability for "bodily injury' or "property damage" caused, ing services, including: in whole or in part, by "your work" and included in the (1) The preparing, approving, or failing to pre- "products-completed operations hazard". pare or approve, maps, shop drawings, The above provision does not apply unless the written opinions, reports, surveys, field orders, contract or written agreement has been executed change orders or drawings and specifi- (executed means signed by the named insured) or the cations; or written permit issued prior to the "bodily injury' or (2) Supervisory, inspection, architectural or "property damage". engineering activities. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions This coverage shall be excess with respect to apply: the person or organization included as an additional insured by its provisions; any other valid and collectible insurance that person or organization has shall be primary with respect to this insurance, unless this coverage is required to be primary and/or not contributory in the contract or agreement referred to above. l'�._.....-.,..1.1 nn,l n cam..i....a:.... i.-....-,.-,..,, t+,....,..,..,.....„c n.....,..:__ All ..,.4,+.. .-...,1..-.,,"A (`2 70 111 41 1A. COMMERCIAL UMBRELLA LIABILITY COVERAGE COMMERCIAL UMBRELLA LIABILITY CXL 4 04 03 Various provisions in this Coverage Part restrict coverage. Read the entire Coverage Part carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this Coverage Part. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II—WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning—refer to SECTION V— DEFINITIONS. In return for the payment of the premium, and subject to all terms and conditions of this Coverage Part, we agree with you to provide the insurance as stated in this Coverage Part. SECTION 1—COVERAGES b. Our right and duty to defend ends when we have used up the applicable limit of A. Insuring Agreement insurance in the payment of judgements 1. We will pay on behalf of the insured the "ultimate or settlements. net loss" in excess of the "retained limit" that the No other obligation or liability to pay sums or insured becomes legally obligated to pay as perform acts or services is covered unless damages because of "bodily injury, "property explicitly provided for under Section I — damage" or "personal and advertising injury' to Coverages, C. Supplementary Payments. which this insurance applies. We will have the right and duty to defend the insured against any "suit" 2. This insurance applies to "bodily injury', or seeking those damages when the "underlying "property damage" only if: insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted. a. The "bodily injury" or "property damage" is When we have no duty to defend, we will have the caused by an "occurrence" that takes right to defend, or to participate in the defense of, place in the"coverage territory'; the insured against any other "suit" seeking b. The "bodily injury' or "property damage" damages to which this insurance may apply. occurs during the policy period; and However, we will have no duty to defend the insured against any "suit" seeking damages for c. Prior to the policy period, no insured listed "bodily injury', "property damage" or "personal and under Paragraph A. of Section II — Who advertising injury' to which this insurance does not Is An Insured and no "employee" apply. At our discretion, we may investigate any authorized by you to give or receive notice "occurrence" or offense that may involve this of an "occurrence" or claim knew that the insurance and settle any resultant claim or "suit", "bodily injury' or "property damage" had for which we have the duty to defend. But: occurred, in whole or in part. If such a a. The amount we will pay for the "ultimate net listed insured or authorized "employee" loss" is limited as described in Section III — knew, prior to the policy period, that the"bodily injury" or "property damage" Limits of Insurance; and occurred, then any continuation, change or resumption of such "bodily injury' or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. CXL 4 04 03 3. "Bodily injury" or "property damage" which occurs c. Owned and operated by any employee of during the policy period and was not, prior to the an insured. policy period, known to have occurred by any This exclusion does not apply to: insured listed under Paragraph A. of Section II — Who Is An Insured or any "employee" authorized (1) A watercraft while ashore on premises by you to give or receive notice of an "occurrence" you own or rent; or or claim, includes any continuation, change or resumption of that "bodily injury" or "property (2) Liability assumed under any contract damage" after the end of the policy period. or agreement. 4. "Bodily injury" or"property damage" will be deemed 2. Contractual Liability to have been known to have occurred at the Any obligation or liability assumed by the earliest time when any insured listed under insured under any contract or agreement. Paragraph A. of Section II — Who Is An Insured or any "employee" authorized by you to give or This exclusion does not apply to the extent receive notice of an "occurrence" or claim: that coverage is provided for the insured by a. Reports all, or any part of the "bodily injury" or "underlying insurance". "property damage"to us or any other insurer; 3. Damage to Impaired Property or Property b. Receives a written or verbal demand or claim not Physically Injured for damages because of the "bodily injury' or » "Property damage to impaired property" or "property damage"; or property that has not been physically c. Becomes aware by any other means that destroyed or injured, arising out of; "bodily injury" or "property damage" has a. A defect, deficiency, inadequacy or dan- occurred or has begun to occur. gerous condition in "your product" or "your 5. Damages because of that "bodily injury" include work"; or damages claimed by any person or organization for b. A delay or failure by you or anyone acting care, loss of services or death resulting at any time on your behalf to perform a contract or from the"bodily injury'. agreement in accordance with its terms. 6. This insurance applies to "personal and advertising This exclusion does not apply to the loss of injury" caused by an offense arising out of your use of other property arising out of sudden business but only if the offense was committed in and accidental physical injury to "your product" the"coverage territory" during the policy period. or "your work" after it has been put to its B. Exclusions intended use. This insurance does not apply to: 4. Damage to Property 1. Aircraft or Watercraft "Property damage"to: "Bodily injury" or "property damage" arising out of a. Property the ownership, maintenance, operation, use, in- (1) You own including any costs or cluding "loading or unloading" or entrustment to expenses incurred by you, or any others of watercraft over 50 feet in length or any other person, organization or entity, aircraft. for repair, replacement, enhancement, a. Owned by any insured: restoration or maintenance of such property for any reason, including b. Chartered without crew by or on behalf of any prevention of injury to a person or insured; or damage to another's property; or (2) Owned or transported by the insured and arising out of the ownership, maintenance or use of a "covered auto". CXI 4 04 03 b. Premises you sell, give away or abandon, if the b. The spouse, child, parent, brother or sister "property damage" arises out of any part of of that employee as a consequence of a.above. those premises; This exclusion applies whether the insured c. That particular part of real property on which may be liable as an employer or in any other you or any other contractors or subcontractors, working directly or indirectly on your behalf, are capacity, and to any obligation to share performing operations, if the "property damage" damages with or repay someone else who arises out of those operations; or must pay damages because of the injury. This exclusion does not apply to the extent d. That particular part of any property that must that coverage is provided for the insured by be restored, repaired or replaced because �°under) m insurance". "your work"was incorrectly performed on it. y g Paragraphs c. and d. of this exclusion do not apply 9. Employment-Related Practices to the extent that coverage is provided for the "Bodily injury" or "personal and advertising insured by"underlying insurance". injury'to: 5. Damage to Your Product a. A person arising out of any: "Property damage"to "your product" arising out of it (1) Refusal to employ that person; or any part of it. (2) Termination of that person's employ- 6. Damage to Your Work ment; or "Property damage"to "your work" arising out of it or (3) Employment-related practices, poli- any part of it and included in the "products- cies, acts or omissions, such as coer- completed operations hazard". cion, demotion, evaluation, reassign- ment, discipline, defamation, harass- This exclusion does not apply if the damaged work ment, humiliation or discrimination or the work out of which the damage arises was directed at that person; or performed on your behalf by a subcontractor. 7. Expected or Intended Injury b. The spouse, child, parent, brother or sister of that person as a consequence of "Bodily injury' or "property damage" expected or "bodily injury' or "personal and advertising intended from the standpoint of the insured. This injury' to that person at whom any of the exclusion does not apply to "bodily injury' resulting employment-related practices described in from the use of reasonable force to protect persons Paragraphs (1), (2) or (3) above is or property. directed. 8. Employer's Liability This exclusion applies whether the insured may be liable as an employer or in any other "Bodily injury"to: capacity, and to any obligation to share damages with or repay someone else who a. An employee of the insured arising out of and must pay damages because of the injury. in the course of employment by the insured; or 10. E.R.I.S.A. Any obligation of the insured under the Employers' Retirement Income Security Act and any amendments thereto or any similar federal, state or local statute. CXL 4 04 03 11. Auto Coverages c. Material Published Prior To Policy Period Any loss, cost or expense payable under or resulting from any first party "bodily injury" or "Personal and advertising injury" arising "property damage" coverage, automobile no-fault out of oral or written publication of law, uninsured motorists or underinsured motorists material whose first publication took place law or any similar law. before the beginning of the policy period. All "personal and advertising injury' arising 12. Workers Compensation and Similar Laws out of publication of the same or similar Any obligation of the insured under a workers material subsequent to the beginning of compensation, unemployment compensation or the policy period is also excluded. disability benefits law, or under any similar law. d. Willful Violation Of Penal Statute Or 13. Liquor Liability Ordinance "Bodily Nin u ° "property g damage" or "personal and "Personal and advertising injury' arising out of the willful violation of a penal statute advertising injury' for which the insured may be or ordinance committed by or with the held liable by reason of: knowledge or consent of the insured. a. Causing or contributing to the intoxication of e. Breach Of Contract any person; b. The furnishing of alcoholic beverages to a "Personal and advertising injury' arising person under the legal drinking age or under out of breach of contract, except an the influence of alcohol; or implied contract to use another's advertising idea in your"advertisement". c. Any statute, ordinance or regulation relating to f. Wrong Description Of Prices the sale, gift, distribution or use of alcoholic beverages. "Personal and advertising injury' arising This exclusion does not apply to the extent that out of the wrong description of the price of coverage is provided for the insured by "underlying goods, products or services stated in your insurance". Coverage provided will follow the advertisement". provisions, exclusions and limitations of the g. Quality Or Performance Of Goods — "underlying insurance" unless otherwise directed by Failure To Conform To Statements this insurance. "Personal and advertising injury' arising 14. Personal and Advertising Injury out of the failure of goods, products or a. Knowing Violation Of Rights Of Another services to conform with any statement of quality or performance made in you "Personal and advertising injury" caused by or "advertisement". at the direction of the insured with the h. Infringement Of Copyright, Patent, knowledge that the act would violate the rights Trademark Or Trade Secret of another and would inflict "personal and advertising Injury'. "Personal and advertising injury' arising b. Material Published With Knowledge Of out of the infringement of copyright, Falsity patent, trademark, trade secret or other intellectual property rights. "Personal and advertising injury" arising out of However, this exclusion does not apply to oral or written publication of material, if done by infringement in your "advertisement" of or at the direction of the insured with copyright, trade dress or slogan. knowledge of its falsity. i. Insureds In Media And Internet Type b. Any coverage provided in "underlying Businesses insurance" claims-made coverage for the "Pollution Hazard". "Personal and advertising injury" committed by an insured whose business is: This exclusion applies whether or not the "Pollutant" has any function in your business, (1) Advertising, broadcasting, publishing or operations, premises, site or location. telecasting; 16. Professional Services (2) Designing or determining content of web- sites for others; or "Bodily injury', "property damage" or"personal and advertising injury' due to rendering or (3) An Internet search, access, content or failure to render any professional service. This service provider. includes but is not limited to: However, this exclusion does not apply to a. Legal, accounting or advertising services; Paragraphs 13.a., b. and c. of "personal and advertising injury' under the Definitions b. Preparing, approving, or failing to prepare Section. or approve maps, drawings, opinions, reports, surveys, change orders, designs For the purposes of this exclusion, the placing or specifications; of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not c. Supervisory, inspection or engineering by itself considered the business of advertising, services; broadcasting, publishing or telecasting. d. Medical, surgical, dental, x-ray or nursing j. Electronic Chatrooms Or Bulletin Boards services treatment, advice or instruction; "Personal and advertising injury" arising out of e. Any health or therapeutic treatment, an electronic chatroom or bulletin board the advice or instruction; insured hosts, owns or over which the insured exercises control. f. Any service, treatment, advice or instruc- tion for the purpose of appearance or skin k. Unauthorized Use Of Another's Name Or enhancement, hair removal or replace- Product ment or personal grooming; "Personal and advertising injury" arising out of g. Optometry or optical or hearing aid serv- the unauthorized use of another's name or ices including the prescribing, preparation, product in your e-mail address, domain name fitting demonstration or distribution of or metatag, or any other similar tactics to ophthalmic lenses and similar products or mislead another's potential customers. hearing aid devices; 15. Pollution h. Body piercing services; Any damages arising out of the "pollution hazard". I. Professional health care services as a But, this exclusion does not apply with respect to pharmacist; "pollution hazard" coverage provided in any "Underlying Insurance", except: j. Law enforcement or firefighting services; and a. Any "underlying insurance" "pollution hazard" coverage provided with "sub-limits"; or k. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. This exclusion does not apply to the extent that coverage is provided for the insured by "underlying insurance". 3 17. Racing or Stunting Activities (2) The cost of appeal bonds to release attachments, but only for bond "Bodily injury" or "property damage" arising out of amounts with the applicable limit of the ownership or any insured's use of "mobile insurance. equipment" or "autos" in, or while in practice for, or while being prepared for, any prearranged profes- We do not have to furnish these bonds; sional or organized racing, speed, demolition or c. All reasonable expenses incurred by the stunting activity or contest. insured at our request to assist us in the 18. Recall of Products,Work or Impaired Property investigation or defense of the claims or "Suit", including actual loss of earnings up Damages claimed for any loss, cost or expense to $250 a day because of time off from incurred by you or others for the loss of use, work; withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: d. All costs taxed against the insured in the "Suit"; a. "Your product"; e. Prejudgement interest awarded against b. "Your work"; or the insured on that part of the judgement c. "Impaired property"; we pay. If we make an offer to pay the applicable limit of insurance, we will not If such product, work or property is withdrawn or pay any prejudgement interest based on recalled from the market or from use by any person the period of time after the offer; or organization because of a known or suspected f. All interest on the full amount of any defect, deficiency, inadequacy or dangerous judgement that accrues after entry of the condition in it. judgement and before we have: 19. War (1) Paid, or offered to pay; or "Bodily injury", "property damage" or "personal and (2) Deposited in court; advertising injury", however caused, arising, directly or indirectly, out of: The part of the judgement that is within a. War, including undeclared or civil war; or the applicable limit of insurance. These payments will not reduce the Limits of b. Warlike action by a military force, including Insurance. action in hindering or defending against an actual or expected attack, by any government, 2. If we defend an insured against a "suit" and an sovereign or other authority using military indemnitee of the insured is also named as a personnel.or other agents; or party to the "suit", we will defend that c. Insurrection, rebellion, revolution usurped indemnitee if all of the following conditions are met: power, or action taken by governmental authority in hindering or defending against any a. The "suit" against the indemnitee seeks of these. damages for which the insured has assumed the liability of the indemnitee in a C. Supplementary Payments contract or agreement to which 1. When the duty to defend exists under this "underlying insurance" applies; coverage part, we will pay, with respect to any b. The obligation to defend, or the cost of the claim we investigate or settle, or any "suit" against defense of, that indemnitee, has also an insured we defend: been assumed by the insured in the same a. All expenses we incur; contract or agreement to which "underlying insurance" applies; b. The cost of: c. The allegations in the "suit" and the (1) Bail bonds up to $3,000; or information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; d. The indemnitee and the insured ask us to 3. If we are prevented by law or otherwise from conduct and control the defense of that carrying out the provisions of Section C. indemnitee against such "suit" and agree we Supplementary Payments, we will pay any can assign the same counsel to defend the expense incurred with our written consent. insured and the indemnitee; and SECTION II—WHO IS AN INSURED e. The indemnitee: A. Except for liability arising out of the ownership, (1) Agrees in writing to: maintenance, or use of"covered autos": (a) Cooperate with us in the investigation, 1. If you are designated in the Declarations as: settlement or defense of the "suit"; a. An individual, you and your spouse are (b) Immediately send us copies of any insureds, but only with respect to the demands, notices, summonses or conduct of a business of which you are legal papers received in connection the sole owner. with the"suit"; b. A partnership or joint venture, you are an insured. Your members, your partners, (c) Notify any other insurer whose cover- and their spouses are also insureds, but age is available to the indemnitee; and only with respect to the conduct of your (d) Cooperate with us with respect to business. coordinating other applicable insur- ance available to the indemnitee; and c. A limited liability company, you are an insured. Your members are also insureds, (2) Provide us with written authorization to: but only with respect the conduct of your business. Your managers are insureds, (a) Obtain records and other information but only with respect to their duties as related to the"suit", and your managers. (b) Conduct and control the defense of the d. An organization other than a partnership, indemnitee in such "suit". joint venture or limited liability company, you are an insured. Your "executive So long as the above conditions are met, attorney's officers" and directors are insureds, but fees incurred by us in the defense of that only with respect to their duties as your indemnitee, necessary litigation expenses incurred officers or directors. Your stockholders by us and necessary litigation expenses incurred are also insureds, but only with respect to by the indemnitee at our request will be paid as their liability as stockholders. Supplementary Payments. Such payments will not be deemed to be damages for "bodily injury' and e. A trust, you are an insured. Your trustees "property damage" and will not reduce the limits of are also insureds, but only with respect to insurance. their duties as trustees. Our obligation to defend an insured's indemnitee 2. Each of the following is also an insured: and to pay for attorney's fees and necessary a Your "volunteer workers" only while litigation expenses as Supplementary Payments ends when we have used up the applicable limit of performing duties related to the conduct of insurance in the payment of judgements, or your business, or your "employees", other settlements, or the conditions set forth above, or than either your"executive officers" (if you the terms of the agreement described in Paragraph are an organization other than a e. above, are no longer met. partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: CXL 4 04 03 (1) "Bodily injury' or "personal and advertising d. Your legal representative if you die, but only with respect to duties as such. That injury": representative will have all your rights and (a) To you, to your partners or members (if duties under this Coverage Part. you are a partnership or joint venture), to your members (if you are a limited 3. With Respect to "mobile equipment" regis- tered in your name under any motor vehicle liability company), to a co-"employee" while in the course of his or her registration law, any person is an insured employment or performing duties while driving such equipment along a public related to the conduct of your highway with your permission. Any other business, or to your other "volunteer person or organization responsible for the workers" while performing duties conduct of such person is also an insured, but related to the conduct of your only with respect to liability arising out of the business; operation of the equipment, and only if no other insurance of any kind is available to that (b) To the spouse, child, parent, brother or person or organization for this liability. sister of that co-"employee" or However, no person or organization is an "volunteer worker" as a consequence insured with respect to: of Paragraph (1)(a) above; or a. "Bodily injury" to a co-"employee" oft e (c) For which there is any obligation to person driving the equipment; or share damages with or repay someone b. "Property damage" to property owned by, else who must pay damages because of the injury described in (1)(a) or (b) rented to, in the charge of or occupied by above. you or the employer of any person who is an insured under this provision. (2) "Property damage"to property: 4. Any other person or organization insured (a) Owned, occupied, or used by, under any policy of "underlying insurance". The coverage afforded such insureds under (b) Rented to, in the care, custody or this policy will be not broader than the control of, or over which physical "underlying insurance" except for this policy's control is being exercised for any Limits of Insurance. purpose byolic of 5. Any additional insured under any policy You, any of your "employees", "underlying insurance" will automatically be "volunteer workers", or any partner or insured under this insurance member (if you are a partnership or joint venture), or any member (if you If coverage provided to the additional insured are a limited liability company). is required by a contract or agreement, the most we will pay on behalf of the additional b. Any person (other than your "employee" or insured is the amount of insurance required by "volunteer worker"), or organization while the contract, less any amounts payable by any acting as your real estate manager. "underlying insurance", subject to Section III c. Any person or organization having proper —Limits of Insurance. temporary custody of your property if you die, Additional insured coverage provided by this but only: insurance will not be broader than coverage (1) With respect to liability arising out of the provided by"underlying insurance". maintenance or use of that property; and g. Any person using an aircraft you charter with pilot or air crew, and any person legally (2) Until your legal representative has been responsible for the use of the aircraft provided appointed. its actual use is with your permission; except no coverage is afforded: a. The owner, pilot or air crew of the aircraft or any other person operating it; or CXL 4 04 03 Someone using a "covered auto" while he b. Any manufacturer of aircraft, aircraft engines or G. or she is working in a business of selling, aviation accessories, or any aviation sales, repairing, parking or storing service or repair organization or airport or servicing, p g, p g hangar operator or any of their"Employees". "autos" unless that business is yours. 7. Any organization you newly acquire or form other d. Anyone other than your "employees", than a partnership, joint venture, or limited liability partners (if you are a partnership), members (if you are a limited liability company, and over which you maintain ownership or a lessee or borrower or any or majority interest, will qualify as a Named Insured company), if there is no other similar insurance available to of their "employees", while moving property to or from a covered auto. that organization. However: a. Coverage under this provision is afforded only e. A partner (if you are a partnership), or a until the 90th day after you acquire or form the member (if you are a limited liabilityfora "covered auto" owned by organization or the end of the policy period set him company)r her or a member of his or her forth in the Declarations, whichever is earlier; household. and b. Coverage is applicable only in excess of the 3. described above is also onduct of an but only to insured limits of "underlying insurance", and you must the extent of that liability. add the organization to your "underlying insurance" as soon as practicable, advising us No person or organization is an insured with respect to of the addition. We may then adjust the the conduct of any current or past partnership, joint premium charges. venture, or limited liability company that is not shown c. Coverage does not apply to "bodily injury' or as a Named Insured in the Declarations. "property damage" that occurred before you No person is an insured as respects "Bodily Injury' to acquired or formed the organization; and a fellow"employee" unless such insurance is provided d. Coverage does not apply to "personal and the insured by"underlying insurance". advertising injury' arising out of an offense SECTION 111—LIMITS OF INSURANCE committed before you acquired or formed the organization. A. The Limits of Insurance shown in the Declarations and the provisions below fix the most we will pay B. Only with respect to liability arising out of the regardless of the number of: ownership, maintenance, or use of"covered autos": 1. Insureds; 1. You are an insured. 2. Claims made or "suits" brought or number of 2. Anyone else while using with your permission a vehicles involved; or "covered auto" you own, hire or borrow is also an insured except: 3. Persons or organizations making claims or a. The owner or anyone else from whom you hire bringing "suits". or borrow a "covered auto". This exception B. Subject to D. below, The Occurrence Limit is the does not apply if the "covered auto" is a trailer most we will pay for the "ultimate net loss" or semi-trailer connected to a "covered auto" because of "bodily injury' and "property damage" you own. arising out of any one"occurrence". b. Your "employee" if the "covered auto" is owned C. Subject to D. below, the Occurrence Limit is the by that "employee" or a member of his or her most we will pay for the "ultimate net loss" household. because of all "personal and advertising injury" sustained by any one person or organization. rxl_ 4 04 03 D. The Aggregate Limit is the most we will pay for all SECTION IV—CONDITIONS "ultimate net loss" because of "bodily injury', "property A. Appeals damage" and "personal and advertising injury" regard- less of the number of covered "occurrences" during If the insured or the insured's "underlying insurer" each annual period of this policy, except: elects not to appeal a judgment in excess of the underlying or "retained limit", we may elect to 1. The aggregate limit shall apply separately to and in make such appeal at our cost and expense. We excess of each aggregate limit of the "underlying shall be liable, in addition to the applicable limit of policy'. insurance, for any taxable costs, payments and incidental interest. In no event shall our liability for 2. The aggregate limit does not apply to "auto" liability "ultimate net loss" exceed the amount applicable arising out of the ownership, maintenance, use or to an one "occurrence" including all expenses of entrustment of any "covered auto". Use includes the appeal. operation, "loading or unloading". E. The Aggregate limit as described in D. above, applies B. Bankruptcy separately to each consecutive annual period and to Your bankruptcy, insolvency or receivership, or, any remaining period of less than 12 months. The that of your estate, will not relieve us of our policy period begins with the effective date shown on obligations under this Coverage Part. the Declarations. If the policy period is extended after In the event of bankruptcy, insolvency or issuance for an additional period of less than 12 months, the additional period will be part of the last receivership of any"underlying insurer", this policy preceding period. will not apply as a replacement of the bankrupt or insolvent insurer. Our Limits of Insurance will only F. If the applicable limit of insurance of the "underlying apply in excess of the minimum required limits of policy" is less than stated in the Declarations because "Underlying Insurance" stated in this Coverage the aggregate limit of insurance of the "underlying Part. policy" has been reduced or exhausted, we will, subject to the Limits of Insurance and all other provisions of C. Duties In The Event Of Occurrence, Claim Or this policy: Suit 1. Pay in excess of the reduced underlying limit of 1. You must see to it that we are notified as soon insurance; or as practicable of an "occurrence" or an offense which may result in a claim. To the 2. Continue in force as "underlying insurance' until extent possible, notice should include: this policy expires or until our aggregate limit is a How, when and where the "occurrence" or exhausted; offense took place; provided such reduction or exhaustion is solely the . The names and addresses of any injured result of damages paid because of an "occurrence" b during this policy period. persons and witnesses; and G. If the applicable limit of insurance of an "underlying c. The nature and location of any injury or policy" is a "sub-limit", this insurance will not apply, damage arising out of the "occurrence" or whether or not such "sub-limit" has been reduced by offense. any payments under the"underlying policy'. 2. If a claim is made or "suit" is brought against H. If the applicable limit of insurance of the "underlying any insured, you must: policy" is more than that stated in the Declarations this insurance becomes excess of such higher limits of a. came or"suit" rand y he date preceived; and e insurance. b. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. CXL 4 04 03 3. You and any other involved insured must: 2. All payments or reimbursements we make for damages because of judgements or a. Immediately send us copies of any demands, settlements will be made in U.S. currency at notices, summonses or legal papers received the prevailing exchange rate at the time the in connection with the claim or"suit"; insured became legally obligated to pay such sums. All payments or reimbursements we b. Authorize us to obtain records and other make for expenses under Supplementary information; Payments will be made in U.S. currency at the c. Cooperate with us in the investigation or prevailing exchange rate at the time the settlement of the claim or defense against the expenses were incurred. "suit"; and 3. Any disputes between you and us as to whether there is coverage under this policy d. Assist us, upon our request, in the must be filed in the courts of the United States enforcement of any right against any person or of America (including its territories and organization which may be liable to the insured ossessions), Canada or Puerto Rico. because of injury or damage to which this p insurance may also apply. 4. The insured must fully maintain any coverage required by law, regulation or other 4. No insureds will, except at that insured's own cost, governmental authority during the policy voluntarily make a payment, assume any period, except for reduction of the aggregate obligation, or incur any expense other than for first limits due to payments of claims, judgements aid,without our consent. or settlements. D. Expanded Coverage Territory Failure to maintain such coverage required by 1. If a claim or "suit" is brought in a part of the law, regulation or other governmental authority "coverage territory' that is outside the United will not invalidate this insurance. However, States of America (including its territories and this insurance will apply as if the required possessions), Puerto Rico, or Canada, and we are coverage by law, regulation or other prevented by law, or otherwise, from defending the governmental authority was in full effect. insured, the insured will initiate a defense of the E. Legal Action Against Us claim or "suit". We will reimburse the insured, g under Supplementary Payments, for any approved No person or organization has a right under this expenses incurred for the defense of such "suit" or Coverage Part: claim seeking damages to which this insurance applies, that we would have been paid had we 1. To join us as a party or otherwise bring us into been able to exercise our right and duty to defend. a "suit" asking for damages from an insured; or If the insured becomes legally obligated to pay sums because of damages to which this insurance 2. To sue us under this Coverage Part unless all applies in a part of the "coverage territory" that is of its terms have been fully complied with. outside the United States of America (including its A person organization may sue us to or territories and possessions), Puerto Rico or recover on or agreed settlement or on a final Canada, and we are prevented by law, or otherwise, from paying such claims on the be judgment against an insured; but we will not iable for damages that are not payable insured's behalf, we will reimburse the insured for under the terms of this Coverage Part or that such sums. are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. nv1 A AA n2 F. Loss Payable I. Premium Audit 1. We will compute all premiums for this Cover- age Part in accordance with our rules and Liability under this Coverage Part shall not apply unless and until the insured or insured's "underlying insurer" g has become obligated to pay the "retained limit". Such rates. obligation by the insured to pay part of the "ultimate net 2. Premium shown in this Coverage Part as loss" shall have been previously determined by a final advance premium is a deposit premium only. settlement or judgement after an actual trial or written At the close of each audit period we will agreement between the insured, claimant and us. compute the earned premium for that period G. Maintenance Of Underlying Insurance and send notice to the first Named Insured. The due date for audit and retrospective Each policy of "underlying insurance" must remain in premiums is the date shown as the due date force for the full term of this policy except: on the bill. If the sum of the advance and audit premiums paid for the policy period is 1. For changes agreed to by us in writing; greater than the earned premium, we will 2. For any reduction of the aggregate limits of such return the excess to the first Named Insured. "underlying insurance" because of payment of 3. The first Named Insured must keep records of claims, settlements or judgements arising out of the information we need for premium occurrences during the policy period. computation, and send us copies at such If you do not maintain "Underlying Insurance", we will times as we may request. pay only those damages or injuries that would have J. Premiums been paid had "Underlying Insurance" been The First Named Insured shown in the maintained. Declarations will be: H. Other Insurance 1. Responsible for the payment of all premiums; 1. This insurance is excess over, and shall not and contribute with any other insurance, whether 2 Will be the payee for any return prem we primary, excess, contingent or on any other basis. p This condition will not apply to insurance pay. specifically written as excess over this Coverage The premium is fully earned if the Limits of Part. Insurance are used up prior to the end of the When this insurance is excess, we will have no policy period. duty to defend the insured against any "suit" if any other insurer has the duty to defend the insured K. Representations or Fraud against that "suit". If no other insurer defends, we By accepting this policy, you agree that: will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. 1. The statements in the application a 2. When this insurance is excess over other nd Dec- larations, and any subsequent notice relating to "underlying insurance", are accurate and insurance, we will pay only our share of the complete; "ultimate net loss"that exceeds the sum of: 2. Those statements are based upon representa- a. The total amount that all such other insurance tions you made to us; and would pay for the loss in the absence of this insurance; and 3. We have issued this policy in reliance upon your representations. b. The total of all deductible and self-insured amounts under all that other insurance. 4. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. r'Y1 d nd n3 L. Separation of Insureds O. When We Do Not Renew Except with respect to the Limits of Insurance, and any If we decide not to renew this Coverage, we will rights or duties specifically assigned in this Coverage mail or deliver to the first Named Insured shown in Part to the first Named Insured, this insurance applies the Declarations, written notice of the nonrenewal as if each Named Insured were the only Named not less than 30 days before the expiration date. Insured, and separately to each insured against whom If notice is mailed, proof of mailing will be sufficient claim is made or"suit" is brought. proof of notice. M. Transfer of Rights of Recovery Against Others To SECTION V— DEFINITIONS Us If the insured has rights to recover all or part of any 1. "Advertisement" means a notice that is broadcast payment we have made under this Coverage Part, or published to the general public or specific those rights are transferred to us. The insured must do market segments about your goods, products or nothing after loss to impair them. At our request the services for the purpose of attracting customers or insured will bring "suit" or transfer those rights to us supporters. For the purpose of this definition: and help us enforce them. Any recovery will be applied a. Notices that are published include material in the following order: placed on the Internet or on similar electronic 1. To any person or insurer who may have paid for means of communication; and liability in excess of our limit of liability; b. Regarding web-sites, only that part of a web- 2. To us up to the amount we paid under this policy; site that is about your goods, products or and, then services for the purpose or attracting customers or supporters is considered an 3. To any person or insurer to the extent that the advertisement. person or insurer is entitled to claim the remaining 2 "Auto" means a land motor vehicle, trailer or semi- amount, if any. trailer designed for travel on public roads including Reasonable expenses incurred in the exercise of rights any attached machinery or equipment. But "auto" of recovery will be shared among all interests on a pro does not include "mobile equipment". rata basis according to their respective losses. 3. "Bodily injury" means bodily injury, sickness, N. Underlying Insurance disease or disability sustained by a person, including death from any of these at any time The limits of "underlying insurance" shall apply, no including mental anguish or mental injury matter what defense the "underlying insurer" may use sustained by a person who has suffered a covered because of the insured's failure to comply with any "bodily injury" as defined in this paragraph. condition of the "underlying insurance" following an "occurrence". You must inform us promptly of any 4. "Coverage territory' means anywhere in the world changes in "underlying insurance". We may make with the exception of any country or jurisdiction adjustments to our premium charges for this policy which is subject to trade or other economic from the date of the changes to the "underlying sanction or embargo by the United States of insurance". We must also be notified within 30 days if America. any coverage is canceled or aggregate limit exhausted. 5. "Covered auto" means only those "autos" to which "underlying insurance" applies. 6. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 7. "Executive officer" means a person holding any of the c. Vehicles that travel on crawler treads; officer positions created by your charter, constitution, d. Vehicles, whether self-propelled or not, by-laws or any other similar governing document. maintained primarily to provide mobility to 8. "Impaired property' means tangible property, other than permanently mounted: "your product" or"your work", that cannot be used or is (1) Power cranes, shovels, loaders, diggers less useful because: or drills; or a. It incorporates "your product" or "your work" that is (2) Road construction or resurfacing known or thought to be defective, deficient, equipment such as graders, scrapers or inadequate or dangerous; or rollers; b. You have failed to fulfill the terms of a contract or e. Vehicles not described in a., b., c., or d. agreement; above that are not self-propelled and are if such property can be restored to use by the repair, maintained primarily to provide mobility to replacement, adjustment or removal of "your product" permanently attached equipment of the or"your work"; or your fulfilling the terms of the contract following types: or agreement. (1) Air compressors, pumps and generators, 9. "Leased worker" means a person leased to you by a including spraying, welding, building labor leasing firm under an agreement between you cleaning, geophysical exploration, lighting and the labor leasing firm, to perform duties related to and well servicing equipment; or the conduct of your business. "Leased worker" does (2) Cherry pickers and similar devices used to not include a "temporary worker". raise or lower workers; 10. "Loading or unloading" means the handling of property: f. Vehicles not described in a., b., c., or d. a. After it is moved from the place where it is above maintained primarily for purposes other accepted for movement into or onto an "auto", than the transportation of persons or cargo. aircraft or watercraft; However, self-propelled vehicles with the b. While it is in or on an "auto", aircraft or watercraft; following types of permanently attached equipment are not "Mobile Equipment" but will c. While it is being moved from an "auto" aircraft or be considered "autos": watercraft to the place where it is finally delivered; (1) Equipment designed primarily for: but "loading or unloading" does not include the movement of property by means of a mechanical (a) Snow removal; device, other than a hand truck, that is not attached to (b) Road maintenance, but not construc- the"auto", aircraft or watercraft. tion or resurfacing; or 11. "Mobile equipment" means any of the following types of (c) Street cleaning; land vehicles, including any attached machinery or equipment: (2) Cherry pickers and similar devices a. Bulldozers, farm machinery, forklifts and other mounted on automobile or truck chassis vehicles designed for use principally off public and used to raise or lower workers; and roads; (3) Air compressors, pumps and generators, b. Vehicles maintained for use solely on or next to including spraying, welding, building premises you own or rent; cleaning, geophysical exploration, lighting and well servicing equipment. 2) If insurance for such offenses is prohibited 12. "Occurrence" means: by law; a. An accident, including continuous or repeated committed during the policy period. exposure to substantially the same general harmful conditions that result in "bodily injury" or "property 14. "Pollutants" mean any solid, liquid, gaseous, or damage". All damages arising from continuous or thermal irritant or contaminant, including smoke, repeated exposure to substantially the same vapor, soot, fumes, acids, alkalis, chemicals and general conditions shall be deemed one waste. Waste includes materials to be recycled, "Occurrence". reconditioned or reclaimed. b. An offense that results in "personal and advertising 15. ,Pollution hazard" means an actual exposure or injury'. This does not include an offense committed threat of exposure to the corrosive, toxic or other with actual malice. All damages that arise from the harmful properties of any"pollutants" arising out of same general conditions shall be deemed to arise the discharge, dispersal, seepage, migration, from one "Occurrence". All damages involving the release or escape of such "pollutants". same injurious act, regardless of the frequency, ,Pollution hazard" includes losses, costs or repetition or the number or kind of media used, or expenses arising out of any obligation, order, the number of claimants shall be deemed to arise exq p insured or from one"occurrence". direction or request of or upon any others, including but not limited to any 13. "Personal and advertising injury' means injury, governmental obligation, order, direction or including consequential "bodily injury' arising out of one request to test for, monitor, clean up, remove, more of the following offenses: contain, treat, detoxify, neutralize, in any way a. False arrest, detention or imprisonment; respond to, or assess the effects of"pollutants". b. Malicious prosecution; 16. "Products-completed operations hazard" a. Includes all "bodily injury' and "property c. Wrongful eviction from, wrongful entry into or damage" occurring away from premises you invasion of the right of private occupancy of a own or rent and arising out of"your product' or room, dwelling or premises that a person occupies; °° our work" except: committed by or on behalf of its owner, landlord or y physical lessor; (1) Products that are still in your d. Oral or written publication in any manner of possession; or material that violates a person's right of privacy; or (2) Work that has not yet been completed or e. Oral or written publication in any manner of abandoned. material that slanders or libels a person or b, "Your work" will be deemed completed at the organization or disparages a person's or earliest of the following times: organization's goods, products or service. (1) When all the work called for in your f. The use of another's advertising idea in your contract has been completed; "advertisement'; or (2) When all of the work to be done at the site g. Infringing upon another's copyright, trade dress or has been completed if your contract calls slogan in your"advertisement". for work at more than one site; h. Discrimination because of race, religion, age, sex (3) When that part of the work done at a job or physical disability. site has been put to its intended use by any person or organization other than This does not apply: another contractor or subcontractor (1) To offenses committed by or at the direction of working on the same project. the insured; or Work that may need service, maintenance, correction, repair or replacement, but which is otherwise completed, will be treated as completed. CXL 4 04 03 w 19. "Self-retained limit" means the dollar amount c. Does not include "bodily injuryor "property shown in the Declarations to be paid by an insured damage" arising out of: if no "underlyinginsurance" or any other insurance (1) The transportation of property, unless the injury applies to an "occurrence" covered under this or damage arises out of a condition in or on a policy. The "self-retained limit" does not apply to vehicle not owned or operated by you, and that "occurrences" or offenses which would have been condition was created by the "loading or covered by "underlying insurance" but for the unloading" of it; exhaustion of applicable limits. These provisions do not apply to any "sub-limit" which has been (2) The existence of tools, uninstalled equipment reduced or exhausted. or abandoned or unused materials; 20. "Sub-limit" means a limit of insurance of the (3) Products or operations for which "underlying "underlying policy'which: insurance" classifications or manual rules include products or completed operations a. As originally granted at the effective date of coverage. the"underlying policy', or 17. "Property damage" means: b. At its original addition by endorsement to that "underlying policy" is an amount less than that a. Physical injury to tangible property, including all stated in the Declarations of this policy. resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the 21. "Suit" means a civil proceeding in which damages physical injury that caused it; or because of "bodily injury', "property damage" or "personal and advertising injury' to which this b. Loss of use of tangible property that is not insurance applies are alleged. "Suit" includes: physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" a. An arbitration proceeding in which such that caused it. damages are claimed and to which the insured must submit or does submit with our For the purposes of this insurance, electronic data is consent; or not tangible property. b. Any other alternative dispute resolution pro- As used in this definition, electronic data means ceeding in which such damages are claimed information, facts or programs stored as or on, created and to which the insured submits with our or used on, or transmitted to or from computer consent or the"underlying insurer's" consent. software, (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, 22. "Temporary worker" means a person who is bstitute for a permanent drives, cells, data processing devices or any other furnished to you to su media which are used with electronically controlled "employee" on leave or to meet seasonal or short- equipment. term workload conditions. 18. "Retained limit" means the greater of: 23. sultimate net ms for eachloss" occurencee tototal whi h thisllpol cg a. The total of the limits as shown in the Declarations applies: for the coverage(s) in question, and the limits of All sums for which the insured becomes any other insurance not shown in the declarations a legally obligated to pay as damages, either by that is valid and collectible; or reason of adjudication or settlement or any b. The limit shown in the Declarations as the "self- arbitration or other alternate dispute method retained limit". entered into with our consent or the "underlying insurer's" consent.. This includes However, "retained limit" does not mean any "sub- deduction for recoveries and salvages paid or limit". to be paid. rYI a nA 03 b. All expenses, other than defense settlement b Others trading under your name; or A person or organization whose expenses provided in Section I — Coverages, o Supplementary Payments incurred by business or assets you have acquired; behalf of the insured in the investigation, and negotiation, settlement and defense of any "suit" , Containers (other than vehicles)) seeking damages under this policy. However, the (2) materials, parts or equipment furnished , salaries of the insured's regular employees are connection with such goods or products. excluded. 24. "Underlying insurance" means any policies of insurance b. Includes: listed in the Declarations under the section titled Warranties or representations made at Schedule of Underlying Insurance and Limits. ( ) any time with respect to the fitness, 25. "Underlying insurer" means any insurer who provides quality, durability, performance or use of "your product"; and any policy of insurance listed in the schedule of "underlying insurance". ( )2 The providing of or failure to provide 26. "Underlying policy' means a policy providing warnings or instructions. "Underlying insurance" or any other applicable 29 "Your work": insurance. 27. "Volunteer worker" means a person who is not your a. Means: "employee", and who donates his or her work and acts (1) Work or operations performed by you or at the direction of and within the scope of duties on your behalf; and determined by you, and is not paid a fee, salary or furnished in other compensation by you or anyone else for their (2) Materials, parts orequipment work performed for you. connection with such work or operations. 28. "Your product": b. Includes: a. Means: (1) Warranties or representation made time with respect to the fitness, quality,(1) Any goods or products, other than real prop- durability, performance, or use of your erty, manufactured, sold, handled, distributed work; and or disposed of by: provide (2) The providing of or failure to p (a) You; warnings or instructions. CXL 4 04 03 ElitePW General Liability Extension Endorsement COMMERCIAL GENERALTY CG 73 00 01116 SUMMARY OF COVERAGES (including index) the various additional coverages and coverage modifications provided by this endorsement. No a summary of This is y Refer to the actual endorsement (Pages 3-through-8) for changes affecting your coverage is provided b this summary. insurance protection. PAGE FOUND DESCRIPTION Page 7 Additional Insureds - Primary and Non-Contributory Provision Page 6 Blanket Additional Insureds -As Required By Contract Page 6 Broad Form Vendors Coverage Page 3 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 4 Electronic Data Liability ($100,000) Page 8 Employee Definition Amended Page 5 Employees As Insureds Modified Page 3 Employer's Liability Exclusion Amended (Not applicable in New York) Page 7 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page 8 Mental Anguish Amendment(Not applicable to New York) Page 5 Newly Formed or Acquired Organizations Page 7 Non-Accumulation Of Limits (Not applicable in New York or Wisconsin) Page 3 Non-Owned Aircraft Page 3 Non-Owned Watercraft (under 60 feet) Page 5 Not-for-profit Members- as additional insureds Page 8 Personal And Advertising Injury - Discrimination Amendment(Not applicable in New York) Page 4 Products Amendment(Medical Payments) Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 7 Unintentional Failure to Disclose Hazards Page 7 Waiver of Transfer of Rights of Recovery (subrogation) Page 3 When Two or More Coverage Parts of this Policy Apply to a Loss _:_�L --r„o� CG 73 00 01 1 C THIS PAGE IS INTENTIONALLY LEFT BLANK. CG 73 00 01 16 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if(a)two or more Coverage Parts of this policy, or(b) two or more forms or endorsements within the same Coverage Part apply to a loss, only the broadest coverage of this policy will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. B. The following is added to Exclusion g. Aircraft, COVERAGES -Amendments Auto Or Watercraft under COVERAGE A BODILY SECTION I - COVERAGE A BODILY INJURY AND INJURY AND PROPERTY DAMAGE LIABILITY, 2. PROPERTY DAMAGE LIABILITY Exclusions: EXCLUSIONS This exclusion does not apply to: Employer's Liability Amendment (6) Any aircraft, not owned or operated by any (This provision is not applicable in the State of New insured, which is hired, chartered or loaned witha paid crew. However, if the insured has any York). other valid and collectible insurance for "bodily The following is added to Exclusion e. Employer's injury" or "property damage" that would be Liability under COVERAGE A BODILY INJURY AND covered under this provision, or on any other PROPERTY DAMAGE LIABILITY, 2. Exclusions: basis, this coverage is then excess, and subject This exclusion also does not apply to any "temporary to Condition 4. Other Insurance, b. Excess worker". Insurance under SECTION IV - COMMERCIAL Non-Owned Aircraft, Auto or Watercraft GENERAL LIABILITY CONDITIONS. A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Damage To Premises Rented to You Watercraft under COVERAGE A BODILY INJURY A. The last paragraph of Paragraph 2. Exclusions AND PROPERTY DAMAGE LIABILITY, 2. Exclus- under COVERAGE A BODILY INJURY AND ions is deleted in its entirety and replaced with the PROPERTY DAMAGE is deleted in its entirety and following: replaced with the following: (2) A watercraft you do not own that is: Exclusions c. through n. do not apply to damage by (a) Less than 26 feet long and not being used to fire, lightning or explosion to premises rented to you carry persons or property for a charge; or or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to (b) At least 26 feet, but less than 60 feet long, this coverage as described in SECTION III - LIMITS and not being used to carry persons or OF INSURANCE. property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. .... ...n nn nA At-' B. Paragraph 6. under SECTION III - LIMITS OF B. The following paragraph is added to SECTION III - INSURANCE is deleted in its entirety and replaced LIMITS OF INSURANCE: with the following: Subject to 5. above, the most we will pay under COVERAGE A for"property damage" because of all 6. Subject to Paragraph 5. above, the most we will loss of "electronic data arising out of any one pay under COVERAGE A for damages because "occurrence" is a sub-limit of$100,000. of"property damage" to any one premises, while rented to you, or in the case of damage caused SECTION I -COVERAGE C MEDICAL PAYMENTS by fire, lightning or explosion, while rented to you EXCLUSIONS or temporarily occupied by you with permission Any Insured Amendment of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the Exclusion a. Any Insured under COVERAGE C same event, whether such damage results from MEDICAL PAYMENTS, 2. Exclusions is deleted in its fire, lightning or explosion or any combination of entirety and replaced with the following: the three, is the amount shown in the a. Any Insured Declarations for the Damage To Premises To any insured. Rented To You Limit. C. Paragraph a. of Definition 9. "Insured contract' under This exclusion does not apply to: SECTION V - DEFINITIONS is deleted in its entirety (1) "Not-for-profit members"; and replaced with the following: (2) "Golfing facility" members who are not paid a a. A contract for a lease of premises. However, that fee, salary, or other compensation; or portion of the contract for a lease of premises 3 "Volunteer workers". that indemnifies any person or organization for ( ) damage by fire, lightning or explosion to prem- This exclusion exception does not apply if COVERAGE ises while rented to you or temporarily occupied C MEDICAL PAYMENTS is excluded by another by you with the permission of the owner is not an endorsement to this Coverage Part. "insured contract"; Product Amendment Electronic Data Liability Exclusion f. Products-Completed Operations Hazard A. Exclusion p. Access or Disclosure Of Confidential under COVERAGE C MEDICAL PAYMENTS, 2. Or Personal Information And Date-related Exclusions is deleted in its entirety and replaced with Liability under COVERAGE A BODILY INJURY the following: AND PROPERTY DAMAGE LIABILITY, 2. Exclus- f. Products-Completed Operations Hazard ions is deleted in its entirety and replaced by the Included within the "products-completed operations following: hazard". p. Access or Disclosure Of Confidential Or Personal Information And Date-related This exclusion does not apply to"your products" sold Liability for use or consumption on your premises, while such products are still on your premises. Damages arising out of: This exclusion exception, does not apply if COVERAGE (1) Any access to or disclosure of any person's C MEDICAL PAYMENTS is excluded by another or organization's confidential or personal endorsement to this Coverage Part. information, including patents, trade secrets, processing methods, customer lists, finan- SECTION I - SUPPLEMENTARY PAYMENTS - cial information, credit card information or COVERAGES A AND B any other type of nonpublic information; or Expenses For Bail Bonds And Loss Of Earnings (2) The loss of, loss of use of, damage to, A. Subparagraph 1.b. under SUPPLEMENTARY corruption of, inability to access, or inability PAYMENTS - COVERAGES A AND B is deleted in to manipulate "electronic data" that does not its entirety and replaced with the following: result from physical injury to tangible b. Up to $5,000 for cost of bail bonds required property. because of accidents or traffic law violations This exclusion applies even if damages are arising out of the use of any vehicle to which claimed for notification costs, credit monitoring Bodily Injury Liability Coverage applies. We do expenses, forensic expenses, public relations not have to furnish these bonds. expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. B. Subparagraph 1.d. under SUPPLEMENTARY Newly Formed Or Acquired Organizations PAYMENTS - COVERAGES A AND B is deleted in A. Subparagraph 3.a. under SECTION II - WHO IS AN its entirety and replaced with the following: INSURED is deleted in its entirety and replaced with d. All reasonable expenses incurred by the insured the following: at our request to assist us in the investigation or a. Coverage under this provision is afforded only defense of the claim or "suit", including actual until the 180th day after you acquire or form the loss of earnings up to $1,000 a day because of organization or the end of the policy period, time off from work. whichever is earlier. However, COVERAGE A SECTION II -WHO IS AN INSURED -Amendments does not apply to "bodily injury" or "property Not-for-Profit Organization Members damage" that occurred before you acquired or formed the organization. The following paragraph is added to SECTION II -WHO B. The following paragraph is added to SECTION II IS AN INSURED: -WHO IS AN INSURED, Paragraph 3: If you are an organization other than a partnership, joint If you are engaged in the business of con- venture, or a limited liability company, and you are a not- struction of dwellings three stories or less in for-profit organization, the following are included as height, or other buildings three stories or less in additional insureds: height and less than 25,000 square feet in area, 1. Your officials; you will also be an insured with respect to "your 2. Your trustees; work" only, for the period of time described 3. Your members; above, for your liability arising out of the conduct of any partnership or joint venture of which you 4. Your board members; are or were a member, even if that partnership 5. Your commission members; or joint venture is not shown as a Named Insured. However, this provision only applies if 6. Your agency members; you maintain or maintained an interest of at least 7. Your insurance managers; fifty percent in that partnership or joint venture 8. Your elective or appointed officers; and for the period of that partnership or joint venture. 9. Your"not-for-profit members". This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to However only with respect to their liability for your function for more than thirty-six months. activities or activities they perform on your behalf. With respect to the insurance provided by this provision, Employees As Insureds Modified Newly Formed or Acquired Organizations, the A. Subparagraph 2.a.(1)(a) under SECTION II - WHO following is added to SECTION IV - COMMERCIAL IS AN INSURED does not apply to "bodily injury" to GENERAL LIABILITY, Paragraph 4. Other Insurance, a "temporary worker" caused by a co-"employee" Subparagraph b. Excess Insurance: who is not a"temporary worker". The insurance provided by this provision, Newly Formed B. Subparagraph 2.a.(2) under SECTION II - WHO IS or Acquired Organizations, is excess over any other AN INSURED does not apply to "property damage" insurance available to the insured, whether primary, to the property of a "temporary worker" or "volunteer excess, contingent or on any other basis. worker" caused by a co-"employee" who is not a (All other provisions of this section remain unchanged). "temporary worker" or"volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co-"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Blanket Additional Insureds - As Required By The provisions of this coverage extension do not Contract apply unless the written contract or written A. Subject to the Primary and Non-Contributory agreement has been executed (executed means provision set forth in this endorsement, SECTION 11 - signed by the named insured) or written permit WHO IS AN INSURED is amended to include as an issued prior to the "bodily injury" or "property additional insured any person or organization whom damage" or"personal and advertising injury". you have agreed in a written contract, written Broad Form Vendors Coverage agreement or written permit that such person or Subject to the Primary and Non-Contributory provision organization be added as an additional insured on set forth in this endorsement, SECTION 11 -WHO IS AN your policy. Such person or organization is an INSURED is amended to include as an additional additional insured only with respect to liability for insured any person or organization (referred to below as "bodily injury" or"property damage" or"personal and vendor) whom you have agreed in a written contract or advertising injury" caused, in whole or in part, by: written agreement to add as an additional insured on 1. Your ongoing operations, "your product", or your policy. Such person or organization is an additional premises owned or used by you; insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are With respect to the insurance afforded to these distributed or sold in the regular course of the vendor's additional insureds, the following additional exclusion applies: business, however the insurance afforded the vendor does not apply to: This insurance does not apply to: a. "Bodily injury" or"property damage" for which the "Bodily injury", "property damage" or "personal vendor is obligated to pay damages by reason of and advertising injury" arising out of the the assumption of liability in a contract or rendering of, or the failure to render, any profes- agreement; however this exclusion does not sional architectural, engineering or surveying apply to liability for damages that the vendor services by or for you, including: would have in the absence of the contract or a. The preparing, approving, or failing to agreement; prepare or approve, maps, shop drawings, b. Any express warranty unauthorized by you; opinions, reports, surveys, field orders, c. Any physical or chemical change in the product change orders or drawings and specifi- cations; and made intentionally by the vendor; b. Supervisory, inspection, architectural or d. Repackaging, unless unpacked solely for the engineering activities. purpose of inspection, demonstration, testing, or the substitution of parts under instructions from This exclusion applies even if the claims against the manufacturer, and then repackaged in the any insured allege negligence or other wrong- original container; doing in the supervision, hiring, employment, e. Any failure to make such inspections, adjust- training or monitoring of others by that insured, if the "occurrence" which caused the"bodily injury" ments, tests or servicing as the vendor has agreed to make or normally undertakes to make or "property damage", or the offense which in the usual course of business in connection caused the "personal and advertising injury", with the sale of the product; or involved the rendering of, or failure to render, any professional architectural, engineering or f. Products which, after distribution or sale by you, surveying services. have been labeled or re-labeled or used as a 2. Your maintenance, operation or use of equip- container, part of ingredient of any other thing or ment, other than aircraft, "auto" or watercraft, substance by or for the vendor; however this rented or leased to you by such person or insurance does not apply to any insured person organization. A person or organization's status or organization, from who you have acquired as an additional insured under this endorsement such products, or any ingredient, part or con- ends when their contract, or agreement with you tainer, entering into, accompanying or containing for such rented or leased equipment ends. With such products. respect to the insurance afforded to these The provisions of this coverage extension do not apply additional insureds, this insurance does not unless the written contract or written agreement has apply to any "occurrence" which takes place been executed (executed means signed by the named after the rental agreement or equipment lease insured) prior to the "bodily injury" or"property damage". expires. Incidental Malpractice Unintentional Failure To Disclose Hazards Subparagraph 2.a.(1)(d) under SECTION II - WHO IS The following is added to Paragraph 6. Representations AN INSURED is deleted in its entirety and replaced with under SECTION IV - COMMERCIAL GENERAL the following: LIABILITY CONDITIONS: (d) Arising out of his or her providing or failing to provide However, if you should unintentionally fail to disclose any professional health care services. This does not existing hazards in your representations to us at the apply to nurses, emergency medical technicians or inception date of the policy, or during the policy period in paramedics if you are not in the business or connection with any additional hazards, we shall not occupation of providing any such professional deny coverage under this Coverage Part based upon services. such failure to disclose hazards. This provision does not apply if you are a Social Service Waiver Of Transfer Of Rights Of Recovery or Senior Living risk. The following is added to Paragraph 8. Transfer of SECTION IV - COMMERCIAL GENERAL LIABILITY Rights Of Recovery Against Others To Us under CONDITIONS -Amendments SECTION IV - COMMERCIAL GENERAL LIABILITY Knowledge Of Occurrence, Claim, Suit Or Loss CONDITIONS: The following is added to Paragraph 2. Duties in the We will waive any right of recovery we may have against a person or organization because of payments we make Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY for"bodily injury" or"property damage" arising out of your CONDITIONS: ongoing operations or "your work" done under a written contract or written agreement and included in the The requirements under this paragraph do not apply until "products-completed operations hazard", if: after the"occurrence" or offense is known to: 1. You have agreed to waive any right of recovery 1. You, if you are an individual; against that person or organization in a written con- 2. A partner, if you are a partnership; tractor written agreement; 3. An "executive officer" or insurance manager, if you 2. Such person or organization is an additional insured are a corporation; on your policy; or 4. Your members, managers or insurance manager, if 3. You have assumed the liability of that person or you are a limited liability company; or organization in that same contract, and it is an 5. Your elected or appointed officials, officers, mem- "insured contract". bers, trustees, board members, commission mem- The section above only applies to that person or bers, agency members, or your administrator or your organization identified above, and only if the "bodily insurance manager if you are an organization other injury" or "property damage" occurs subsequent to the than a partnership, joint venture, or limited liability execution of the written contract or written agreement. company. Liberalization Primary and Non-Contributory Provision The following condition is added to SECTION IV- The following is added to Paragraph 4. Other Insur- COMMERCIAL GENERAL LIABILITY CONDITIONS: ance, b. Excess Insurance under SECTION IV- If we revise this Coverage Part to provide more coverage COMMERCIAL GENERAL LIABILITY CONDITIONS: without additional premium charge, subject to our filed This insurance shall be excess with respect to any company rules, your policy will automatically provide the person or organization included as an additional insured additional coverage as of the day the revision is effective under this policy, any other insurance that person or in your state. organization has shall be primary with respect to this Non-Accumulation Of Limits insurance, unless: (This provision is not Applicable in the state of New York (1) The additional insured is a Named Insured under or Wisconsin). such other insurance; The following condition is added to SECTION IV - (2) You have agreed in a written contract, written COMMERCIAL GENERAL LIABILITY CONDITIONS: agreement or written permit to include that additional insured on your General Liability policy on a primary If you have other insurance provided by us or one of our and/or non-contributory basis; and affiliates that will respond to a claim or `suit" also covered under this coverage, the maximum limit of (3) The written contract or written agreement has been insurance under all collectible insurance shall not executed (executed means signed by the named exceed the highest applicable limit under any one of the insured) or written permit issued prior to the "bodily other coverage part(s), form(s) or policy(ies). injury" or "property damage" or "personal and adver- tising injury". SECTION V- DEFINITIONS For the purpose of the Electronic Data Liability coverage Discrimination provided by this endorsement, Definition 17. "Property damage' is deleted in its entirety and replaced by the (This provision does not apply in New York). following: A. The following is added to Definition 14. "Personal 17. "Property damage" means: and advertising injury": a. Physical injury to tangible property, including all Personal and advertising injury" also means resulting loss of use of that property. All such "discrimination" that results in injury to the feelings or loss of use shall be deemed to occur at the time reputation of a natural person, however only if such of the physical injury that caused it; or "discrimination" or humiliation is: b. Loss of, loss of use of, damage to, corruption of, 1. Not done by or at the direction of: inability to access, or inability to properly a. The insured; or manipulate "electronic data", resulting from b. Anyone considered an insured under physical injury to tangible property. All such loss SECTION II -WHO IS AN INSURED; of "electronic data" shall be deemed to occur at the time of the occurrence that caused it. 2. Not done intentionally to cause harm to another For the purpose of the Electronic Data Liability coverage person. provided by this endorsement, "electronic data" is not 3. Not directly or indirectly related to the employ- tangible property. ment, prospective employment or termination of Employee Amendment employment of any person or persons by any insured. Definition 5. "Employee" under SECTION V- DEFINI- 4. Not arising out of any "advertisement" by the TIONS is deleted in its entirety and replaced by the insured. following: B. The following definition is added to SECTION V- 5. "Employee" includes a "leased worker", or a "tempo- DEFINITIONS: rary worker". If you are a School, "Employee" also includes a student teacher. "Discrimination" means: Golfing Facility a. Any act or conduct that would be considered The following definition is added to SECTION V - discrimination under any applicable federal, DEFINITIONS: state, or local statute, ordinance or law; b. An act or conduct that results in disparate "Golfing facility" means a golf course, golf club, driving Y p range, or miniature golf course. treatment of, or has disparate impact on, a per- son, because of that person's race, religion, Mental Anguish Amendment gender, sexual orientation, age, disability or (This provision does not apply in New York). physical impairment; or Definition 3. "Bodily injury" under SECTION V- c. Any act or conduct characterized or interpreted DEFINITIONS is deleted in its entirety and replaced with as discrimination by a person based on that the following: person's race, religion, gender, sexual orienta- 3. "Bodily injury" means bodily injury, sickness or tion, age, disability or physical impairment. disease sustained by a person, including death It does not include acts or conduct characterized or resulting from any of these at any time. This includes interpreted as sexual intimidation or sexual harass- mental anguish resulting from any bodily injury, ment, or intimidation or harassment based on a sickness or disease sustained by a person. (In New person's gender. York, mental anguish has been determined to be Electronic Data "bodily injury"). The following definition is added to SECTION V- Not-for-profit Member DEFINITIONS: The following definition is added to SECTION V- "Electronic data" means information, facts or programs DEFINITIONS: stored as or on, created or used on, or transmitted to or "Not-for-profit member" means a person who is a from computer software, including systems and applica- member of a not-for-profit organization, including clubs tions software, hard or floppy disks, CD-ROMS, tapes, and churches, who receives no financial or other drives, cell, data processing devices or any other media compensation. which are used with electronically controlled equipment. ElitePac° Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 01 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION 11 - LIABILITY An "employee" of yours is an "insured" while operating COVERAGE an "auto" hired or rented under a contract or agreement If this policy provides Auto Liability coverage for Owned in that "employee's" name with your permission, while Autos, the following extensions are applicable accord- performing duties related to the conduct of your busi- ingly: ness. NEWLY ACQUIRED OR FORMED ORGANIZATIONS BLANKET ADDITIONAL INSUREDS The following is added to SECTION 11, A.1. -Who Is An The following is added to SECTION 11, A.I. -Who Is An Insured: Insured: Any organization you newly acquire or form, other than a Any person or organization with whom you agreed in a partnership, joint venture or limited liability company over written contract, written agreement or written permit to which you maintain ownership or majority interest, will add as an additional "insured" on your policy is an addi- qualify as a Named Insured if there is no similar insur- tional "insured". Such person or organization is an addi- ance available to that organization. However: tional "insured" only with respect to your ownership, maintenance or use of a covered auto". This coverage 1. Coverage under this provision is afforded only until shall be primary and non-contributory with respect to the the 180th day after you acquire or form the organiza- additional "insured". This provision only applies if: tion or the end of the policy period, whichever is earlier; 1. It is required in the written contract, written agree- ment or written permit identified in this section; 2. Coverage does not apply to "bodily injury" or "property damage" resulting from an "accident" that 2. It is permitted by law; and occurred before you acquired or formed the organ- 3. The written contract or written agreement has been ization. executed or written permit issued prior to the "bodily No person or organization is an "insured" with respect to injury" or"property damage". the conduct of any current or past partnership, joint EXPENSES FOR BAIL BONDS AND LOSS OF venture or limited liability company that is not shown as EARNINGS a Named Insured in the Declarations. Paragraphs (2) and (4) of SECTION 11, A.2.a. - LIMITED LIABILITY COMPANIES Supplementary Payments are deleted in their entirety The following is added to SECTION II, A.I. -Who Is An and replaced with the following: Insured: (2) Up to the Limit of Insurance shown on the ElitePac If you are a limited liability company, your members and Schedule for the cost of bail bonds (including bonds managers are "insureds" while using a covered "auto" for related traffic law violations) required because of you don't own, hire or borrow during the course of their an "accident" covered under this policy. We do not duties for you. have to furnish these bonds. EMPLOYEES AS INSUREDS (4) All reasonable expenses incurred by the "insured" at our request. This includes actual loss of earnings If this policy provides Auto Liability coverage for Non- because of time off from work, which we will pay up Owned Autos, the following is added to SECTION 11, to the Limit of Insurance shown on the ElitePac A.1. -Who Is An Insured: Schedule. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S ADDITIONAL TRANSPORTATION EXPENSES LIABILITY AMENDMENT SECTION 111, AA.a. - Transportation Expenses is The following is added to SECTION 11, B.4. - deleted in its entirety and replaced with the following: Exclusions: We will pay up to the maximum Limit of Insurance shown This exclusion does not apply to a "volunteer worker" on the ElitePac Schedule for temporary transportation who is not entitled to workers compensation, disability or expenses that you incur because of any "loss" to a unemployment compensation benefits. covered "auto", but only if the covered "auto" carries the FELLOW EMPLOYEE COVERAGE coverages and meets the requirements described in 1. or 2. below: The Fellow Employee Exclusion, SECTION 11, B.5. - is 1. . b will a temporary transportation expenses for deleted in its entirety. pay p rY p p CARE, CUSTODY OR CONTROL AMENDMENT total theft of a covered "auto". We will only pay for such expenses incurred during the period beginning The following is added to SECTION II, B.6. - 24 hours after the theft and ending, regardless of the Exclusions: policy's expiration, when the covered "auto" is This exclusion does not apply to property owned by returned to use or we pay for its"loss". anyone other than an "insured", subject to the following: 2. For "loss" other than total theft of a covered "auto" 1. The most we will pay under this exception for any under Comprehensive or Specified Causes of Loss one "accident" is the Limit of Insurance stated in the Coverage, or for any "loss" under Collision Coverage ElitePac Schedule; and to a covered "auto", we will only pay for those tem- porary transportation expenses incurred during the 2. A per "accident" deductible as stated in the ElitePac policy period beginning 24 hours after the "loss" and Schedule applies to this exception. ending, regardless of the policy's expiration, with the AMENDMENTS TO SECTION III - PHYSICAL lesser of the number of days reasonably required to DAMAGE COVERAGE repair or replace the covered "auto" or 30 days. If this policy provides Comprehensive, Specified Causes Paragraph 2. of this extension does not apply while of Loss or Collision coverage, the following extensions there are spare or reserve "autos" available to you are applicable for those "autos" for which Comprehen- for your operations. sive, Specified Causes of Loss or Collision coverage is This coverage extension does not apply to Emergency purchased: Services Organizations and Governmental Entities. TOWING AND LABOR HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III, A.2. - Towing is deleted in its entirety and The following is added to SECTION 111, A.4. - Coverage replaced with the following: Extensions: We will pay all reasonable towing and labor costs up to Physical Damage coverage is hereby extended to apply the maximum Limit of Insurance shown on the ElitePac to Physical Damage "loss" to "autos" leased, hired, Schedule per tow each time a covered "Private Passen- rented or borrowed without a driver. We will provide cov- ger Auto", "Social Service Van or Bus" or"Light Truck" is erage equal to the broadest coverage available to any disabled and up to the maximum Limit of Insurance per covered "auto" shown in the Declarations. But, the most tow each time a covered "Medium Truck", "Heavy Truck" we will pay for "loss" to each "auto" under this coverage or"Extra Heavy Truck" is disabled. extension is the lesser of: For labor charges to be eligible for reimbursement the 1. The Limit of Insurance stated in the ElitePac labor must be performed at the place of disablement. Schedule; or This coverage extension does not apply to Emergency 2. The actual cash value of the damaged or stolen Services Organizations and Governmental Entities. property as of the time of the"loss"; or GLASS BREAKAGE DEDUCTIBLE 3. The actual cost of repairing or replacing the dam- The following is added to SECTION III, A.3. - Glass aged or stolen property with other property of like Breakage - Hitting A Bird Or Animal - Falling Objects kind and quality. A part is of like kind and quality or Missiles: when it is of equal or better condition than the pre- If damaged glass is repaired rather than replaced, no accident part. We will use the original equipment deductible will apply for such repair. This extension does from the manufacturer when: not apply to Emergency Services Organizations and Governmental Entities. (a) The operational safety of the vehicle might 2. Any: otherwise be impaired; a. Overdue lease/loan payments at the time of (b) Reasonable and diligent efforts to locate the "loss"; appropriate rebuilt, aftermarket or used part b. Financial penalties imposed under a lease for have been unsuccessful; or excessive use, abnormal wear and tear, high (c) A new original equipment part of like kind mileage or similar charges; and quality is available and will result in the c. Security deposits not refunded by the lessor or lowest overall repair cost. financial institution; For each leased, hired, rented or borrowed "auto" our d. Costs for extended warranties, credit life, health, obligation to pay "losses" will be reduced by a deductible accident, or disability insurance purchased with equal to the highest deductible applicable to any owned the loan or lease; and "auto" for that coverage. No deductible will be applied to "losses" caused by fire or lightning. e. Carry-over balances from previous leases or SECTION IV, B.5. Other Insurance Condition, Para- loans. graph 5.b. is deleted in its entirety and replaced by the You are responsible for the deductible applicable to the following: "loss"for the covered "auto". For Hired Auto Physical Damage Coverage, the follow- This extension only applies if the lessor or financial ing are deemed to be covered "autos"' you own: institution is an additional "insured" under this Coverage 1. Any covered "auto" you lease, hire, rent, or borrow; Form. and PERSONAL EFFECTS 2. Any covered "auto" hired or rented by your The following is added to SECTION III, A.4. - Coverage "employee" under a contract or agreement in that Extensions: "employee's" name, with your permission, while per- If this policy provides Comprehensive Coverage for a forming duties related to the conduct of your covered "auto" you own and that covered "auto" is business. stolen, we will pay up to the Limit of Insurance shown on However, any "auto" that is leased, hired, rented or the ElitePac Schedule, without application of a deducti- borrowed with a driver is not a covered "auto". ble, for lost personal effects that were in the covered This coverage extension does not apply to Emergency "auto" at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is Services Organizations and Governmental Entities. excess over any other collectible insurance. HIRED AUTO LOSS OF USE COVERAGE AIRBAG COVERAGE The following is added to SECTION III, A.4. - Coverage The following is added to SECTION III, B.3.a. - Extensions: Exclusions: We will pay expenses for which you are legally responsi- Mechanical breakdown does not include the accidental ble to pay up to the Limit of Insurance shown on the discharge of an airbag. ElitePac Schedule per "accident" for loss of use of a leased, hired, rented or borrowed "auto" if it results from This coverage extension does not apply to Emergency an "accident". Services Organizations and Governmental Entities. This coverage extension does not apply to Emergency EXPANDED AUDIO, VISUAL, AND DATA ELEC- Services Organizations, Governmental Entities, and TRONIC EQUIPMENT COVERAGE Schools. SECTION III, B.4. -Exclusions AUTO LOAN/LEASE GAP COVERAGE (Not Applica- This exclusion does not apply to the following: ble in New York) 1. Global positioning systems; The following is added to SECTION III, A.4. - Coverage 2. "Telematic devices"; or Extensions: In the event of a total "loss" to a covered "auto" we will 3. Electronic equipment that reproduces, receives or pay any unpaid amount due on the lease or loan for a transmits visual or data signals and accessories covered "auto", less: used with such equipment, provided such equipment is: 1. The amount paid under the Physical Damage a. Permanently installed in or upon the covered Coverage Section of the policy; and "auto" at the time of the"loss"; b. Removable from a housing unit that is perma- nently installed in the covered "auto" at the time of the"loss"; c. Designed to be solely operated by use of power 5. Your elected or appointed officials, trustees, board from the"auto's" electrical system; or members or your insurance manager, if you are an d. Designed to be used solely in or upon the organization other than a partnership, joint venture covered "auto". or limited liability company. For each covered "loss" to such equipment, a deductible But, this section does not amend the provisions relating of $50 shall apply, unless the deductible otherwise to notification of police or protection or examination of applicable to such equipment is less than $50, at which the property that was subject to the"loss". point the lower deductible, if any, will apply. WAIVER OF SUBROGATION COMPREHENSIVE DEDUCTIBLE - LOCATION SECTION IV, A.S. - Transfer Of Rights Of Recovery TRACKING DEVICE Against Others To Us is deleted in its entirety and The following is added to SECTION 111, D. - Deductible: replaced with the following: Any Comprehensive Coverage Deductible shown in the We waive any right of recovery we may have against Declarations will be reduced by 50% for any "loss" any person or organization because of payments we caused by theft if the covered "auto" is equipped with a make for "bodily injury" or "property damage" resulting location tracking device and that device was the sole from the ownership, maintenance or use of a covered method used to recover the"auto". "auto" but only when you have assumed liability for such PHYSICAL DAMAGE LIMIT OF INSURANCE "bodily injury" or "property damage" in an "insured contract". In all other circumstances, if a person or SECTION III, C. - Limit Of Insurance is deleted in its organization to or for whom we make payment under this entirety and replaced with the following: Coverage Form has rights to recover damages from The most we will pay for a "loss" in any one "accident" is another, those rights are transferred to us. the lesser of: MULTIPLE DEDUCTIBLES 1. The actual cash value of the damaged or stolen The following is added to SECTION IV, A. - Loss property as of the time of the "loss"; or Conditions: 2. The cost of repairing or replacing the damaged or If a "loss" from one event involves two or more covered stolen property with other property of like kind and "autos" and coverage under Comprehensive or Specified quality. Causes of Loss applies, only the highest applicable This coverage extension does not apply to Emergency deductible will be applied. Services Organizations and Governmental Entities. CONCEALMENT, MISREPRESENTATION OR FRAUD AMENDMENTS TO SECTION IV - BUSINESS AUTO The following is added to SECTION IV, B.2. - CONDITIONS Concealment, Misrepresentation Or Fraud: DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT If you should unintentionally fail to disclose any existing OR LOSS hazards in your representations to us prior to the The following is added to SECTION IV, A.2.a. - Duties inception date of the policy or during the policy period in In The Event Of Accident, Claim, Suit Or Loss: connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based The notice requirements for reporting "accident" claim, upon such failure. "suit" or "loss" information to us, including provisions POLICY PERIOD, COVERAGE TERRITORY related to the subsequent investigation of such acci- dent", claim, "suit" or "loss" do not apply until the SECTION IV, B.7. - Policy Period, Coverage Territory "accident", claim, "suit" or"loss" is known to: is deleted in its entirety and replaced with the following: 1. You, if you are an individual; Under this Coverage Form, we cover "accidents" and 2. A partner, if you are a partnership; "losses" occurring: 3. An executive officer or insurance manager, if you a. During the policy period shown in the Declarations; are a corporation; and 4. Your members, managers or insurance manager, if b. Within the"Coverage Territory". you are a limited liability company; We also cover "loss" to or "accidents" involving a cov- ered "auto" while being transported between any of these places. TWO OR MORE COVERAGE FORMS OR POLICIES EXTRA HEAVY TRUCK ISSUED BY US - DEDUCTIBLES "Extra Heavy Truck" means a truck with a gross vehicle The following is added to SECTION IV, B.B. - Two Or weight rating of 45,001 pounds or more. More Coverage Forms Or Policies Issued By Us: HEAVY TRUCK If a "loss" covered under this Coverage Form also "Heavy Truck" means a truck with a gross vehicle weight involves a "loss" to other property resulting from the rating of 20,001 pounds to 45,000 pounds. same "accident" that is covered under this policy or another policy issued by us or any member company of LIGHT TRUCK ours, only the highest applicable deductible will be "Light Truck" means a truck with a gross vehicle weight applied. rating of 10,000 pounds or less. AMENDMENTS TO SECTION V- DEFINITIONS MEDIUM TRUCK BODILY INJURY INCLUDING MENTAL ANGUISH "Medium Truck" means a truck with a gross vehicle (Not Applicable in New York) weight rating of 10,001 pounds to 20,000 pounds. The definition of bodily injury is deleted in its entirety and PRIVATE PASSENGER AUTO replaced by the following: "Private Passenger Auto„ means afour-wheel "auto” of "Bodily injury" means bodily injury, sickness, or disease the private passenger or station wagon type. A pickup, sustained by a person, including death resulting from panel truck or van not used for business is included any of these. "Bodily injury" includes mental anguish within the definition of a"private passenger auto". resulting from bodily injury, sickness or disease sus- SOCIAL SERVICE VAN OR BUS tained by a person. ADDITIONS TO SECTION V- DEFINITIONS "Social Service Van or Bus" means a van or bus used by a government entity, civic, charitable or social service COVERAGE TERRITORY organization to provide transportation to clients inci- "Coverage Territory" means: dental to the social services sponsored by the organiza- 1. The United States of America (including its territories tion, including special trips and outings. and possessions), Canada and Puerto Rico; and TELEMATIC DEVICE 2. Anywhere in the world, except for any country or "Telematic Device" includes devices designed for the jurisdiction that is subject to trade or other economic collection and dissemination of data for the purpose of sanction or embargo by the United States of monitoring vehicle and/or driver performance. This in- America, if a covered "auto" is leased, hired, rented, cludes Global Positioning System technology, wireless or borrowed without a driver for a period of 30 days safety communications and automatic driving assistance or less, and the insured's responsibility to pay systems, all integrated with computers and mobile com- "damages" is determined in a "suit" on the merits in munications technology in automotive navigation sys- and under the substantive law of the United States tems. of America (including its territories and possessions), VOLUNTEER WORKER Puerto Rico, or Canada, or in a settlement we agree "Volunteer worker" means a person who performs busi- to. ness duties for you, for no financial or other compensa- If we are prevented by law, or otherwise, from defending tion. the "insured" in a "suit" brought in a location described in Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the reasonable and necessary expenses incurred for the defense of any such "suit" seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend.