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HomeMy WebLinkAboutServicemaster Building Maintenance Custodial Needs Pollock Pool � ORIGINAL T , 13L1 ZZ of Oshkosh CONTRACTOR AGREEMENT: CUSTODIAL NEEDS FOR THE CITY OF OSHKOSH PARKS DEPT—POLLOCK POOL THIS AGREEMENT,made on the 23RD day of JANUARY 23,2019,by and between the CITY OF OSHKOSH, party of the first part,hereinafter referred to as CITY, and SERVICEMASTER BUILDING MAINTENANCE, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Proposal Solicitation 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract 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 II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (HEATHER AUMAN, SERVICEMASTER BUILDING MAINTENANCE,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 III. CITY REPRESENTATIVE City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us The City shall assign the following individual to manage the project described in this contract: (CHAD DALLMAN,CITY OF OSHKOSH ASSISTANT DIRECTOR,PARKS DEPT) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's (INVITATION FOR BID OR REQUEST FOR QUOTATION) for the Project titled "CUSTODIAL NEEDS —POLLOCK POOL dated JANUARY 21,2019 and the contractor's bid form and materials attached as Exhibit A.If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than END OF THE POOL SEASON 2019 OR: The work to be performed under this contract shall be completed DURING THE 2019 POOL SEASON of the purchase order issued for this project. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$9,000.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE WII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the - Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CON 1"KACTOR/CONSULTANT By: r:xi—PO"PitYrc N M �'1 nicr er- (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mark A.Rohloff, City Manager ess) And: ( ` ( itness) Pamela R.Ubrig,City Clerk P.))'n APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ity ttorney jrüxTL Olin City Comptroller C h► b►-E A This ServiceMaster Building Maintenance custodial proposal has been especially prepared for .., I1. POLLOCK COMMUNITY WATER PARK i i t i 61...... . 111 PragialailiP iiitemaritt The clean you expect. 0 The service you deserve. ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 Company History ServiceMaster is the world's largest cleaning company and has been in service over 65 years. At the corporate level, ServiceMaster provides contract janitorial service, in-home cleaning, disaster clean up and restoration, pest control,maid service, lawn care, home inspection service, as well as other services. ServiceMaster Building Maintenance is an independently owned franchise, operated by Karl Yanzer, Joe Cyrowski and Sue Leis. ServiceMaster Building Maintenance has a history of continued growth every year that it has been in existence. Today, we provide service to more than 600 facilities and clean in excess of 15 million square feet of space every day. Our company employs approximately 400 full-time and part-time personnel. We focus our efforts primarily on professional office space, manufacturing facilities, medical facilities, educational facilities and financial institutions. Our business philosophy is to provide high quality service based on the needs and specifications of our clients. We can tailor a program exactly to our clients'needs. If those needs change,we respond to those changes immediately. Some of our strengths are our supervision and inspection;we are constantly monitoring our clients' facilities and our personnel to ensure that the cleaning is done to the standards required. Our business follows the four objectives of ServiceMaster, which are: To honor God in all we do To help people develop To pursue excellence To grow profitably Following these objectives helps us to provide the high quality service that our clients require. It also enables us to develop a staff that is courteous, conscientious,well-trained, and committed to performing service that meets our clients'needs. SCIViCeMA ST l The clean you expect The service you deserve.® Employee Recruitment and Background Checks ServiceMaster looks to retain staff members who are committed to providing the level of service that our organization provides to our clients. We are committed to hiring reliable,honest, and hard-working staff that aligns with our mission and objectives. We utilize a variety of sources for finding and recruiting staff members, as outlined below. Recruiting Sources In addition to traditional recruiting sources—employee referrals, classified newspaper advertising and local recruitment agencies—ServiceMaster Building Maintenance will evaluate and promote current employees to positions of higher responsibility to fulfill our staffing requirements. By promoting from within, ServiceMaster Building Maintenance is able to maintain core staff of highly trained, experienced and responsive cleaning professionals. We also use job services, Craigslist and the Wisconsin JobNet to recruit employees. Staff Selection The staff selection process includes several activities to ensure that the best possible candidates are chosen: • Telephone interviews will be conducted to determine the applicant's attitude regarding honesty, drug avoidance,job commitment, safety and work values. • Face-to-face interviews will be conducted with those candidates that pass the telephone screening to verify the prospective employee's application information,provide him/her with the job description,to verify his/her ability to perform the job functions described and to provide him/her with a chance to ask questions. • Background checks,including a criminal history search, social security verification and address tracing are performed on all candidates who receive an offer of employment. We use several services that provide these checks. • All employees are subject to random,reasonable cause and post-accident drug screening. ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 ServiceMaster Building Maintenance cleans various United States government agencies through property management companies. Some of these agencies are the FBI,IRS,DEA,FDA,FDIC,U.S. Trustees,U.S.Attorneys,Department of Homeland Security and others. Quality Assurance Nighttime Supervision ServiceMaster will dedicate an Area Supervisor to Pollock Community Water Park to oversee services performed throughout the facility. This supervisor would perform cleaning tasks and would check each area on a regular basis to ensure that the cleaning is completed and that the standards set forth in the proposal and cleaning specifications are being met at all times. Client Service Representative These staff primarily works.day shift hours meeting with contacts designated by you. They will tour the facility on a monthly basis, more if needed. Perform awareness inspections. They will communicate requests and concerns from your staff to the proper ServiceMaster operations staff. They will respond immediately to calls and emails insuring customer satisfaction. They are the prime conduit and communication tools between you and ServiceMaster operations. The Client Service Representatives carry smart phones to speed the communications accessibility. ExpressTime Automated Professional Timekeeping System ServiceMaster Building Maintenance utilizes the ExpressTime Timekeeping System,which provides an accurate, dependable means of tracking each employee's time and location using a dedicated clock in/clock out call monitoring system that works 24/7. Times are recorded and we are able to view data per building and generate reports for any combination of building and employee information to extract the desired information. We are able to record and leave messages for each one of our employees that must be checked in order to clock in or out. A series of alerts are set up for the Supervisors and Production Management and pages are sent for no shows, late arrivals and/or early leavers. This helps insure quality customer service by making sure our people are where they are supposed to be when they are supposed to be and no building is missed. Back-Up Plan ServiceMaster Building Maintenance utilizes the ExpressTime Timekeeping System as a tool to assure that a facility never goes unclean. As described above, a series of alerts are set up for the Supervisors and Production Management and pages are sent for no shows, late arrivals and/or early leavers. This helps insure quality customer service by making sure our people are where they are supposed to be when they are supposed to be and no building is missed. In addition, several members of the ServiceMaster team are trained at each facility we service and will provide back-up cleaning in the absence of the regular scheduled cleaner. Back-up staff includes other cleaners, supervisors,project technicians and office staff that are all familiar with your unique facility needs. ServiceMaster is dedicated to servicing our customers day and night and work diligently to see that cleaning is completed as scheduled. ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 Monthly Planning Calendar ServiceMaster has processes in place to assure that services to be performed monthly or on a regularly scheduled, yet less frequent basis are completed consistently and thoroughly. Upon beginning service in a new facility, each crew receives a Monthly Planning Calendar, which illustrates when less frequent tasks—dusting blinds or completely cleaning partition glass, for example—are to be completed. In larger facilities, our Client Services Staff maintains a schedule of these items so that project technicians can be scheduled during the appropriate months to complete this work. Having these items regularly scheduled immediately upon beginning service helps to eliminate confusion as to when these tasks are to be done. Communication Log Book Communication log books are kept at each facility we service and are used as a form of direct communication between facility staff and cleaning staff. Small requests can be written in the communication log book by facility staff and will be immediately addressed by our cleaning staff at the next regularly scheduled service. Other uses for the log book range from inventory of disposable products and compliments. ServiceMaster staff is required to check the log book each night, sign in and respond to any questions or concerns. Walkthroughs Client Service Staff perform regular walkthroughs during the daytime hours of facilities. The purpose of the walkthroughs is to allow for another set of eyes to check cleaning and follow up on any issues that need addressing. These walkthroughs are reviewed with cleaners during the next cleaning shift by the Area Manager. ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 The P.A.C.T. Inspection Program was developed as a Six Sigma project in order to improve the janitorial services that ServiceMaster provides. ServiceMaster Building Maintenance was one of five franchises selected to work with the Home Office to develop a system that improves the way that facilities are inspected. This system also communicates those inspection results to employees, management staff and, most importantly,to our clients. ,` , , Plan ServiceMaster has developed a standardized inspection form that makes it easy for the E.inspector,to check the condition of the facility on a regularly scheduled basis. AAct Buildings are inspected on schedule and inspections are turned in to ServiceMaster management. Upon reviewing the inspections, we act quickly to address any issues. Communicate Inspection results are communicated to the employees within 24 hours. Positive items as t C well as the items needing attention are reviewed with the employees so that these items .., may be addressed. A recap of the inspection detailing what was found, what has been corrected, and other special items you will need to know will be sent to you, the client. TTrack The results of the inspections are monitored and tracked to ensure that our high quality of service is maintained. d - $ e k „ Confidentiality ServiceMaster is aware that, as we provide service to our customers,there are items in customers' facilities that contain information about their business. ServiceMaster employees are not to move,touch,read, copy or in any other way use this information. All of this information is confidential and is to be treated as such by ServiceMaster personnel. Anything seen or heard while working in the clients' facilities that relates to their business, employees, or patients is confidential and is not to be discussed with anyone at any time....unless it is a security concern and then must be brought to the attention of ServiceMaster management. We respect our clients' information at all times. Misconduct of any kind by anyone (whether a ServiceMaster employee or another person)must be reported to the ServiceMaster office immediately. Similarly, information that you see or is provided to you in the performance of your job with ServiceMaster is proprietary and confidential (contract and building security information,task schedules, , personnel information,phone numbers,budgeted hours,etc.). This information is to remain confidential and is company property. Breaches of confidentiality will result in disciplinary action or termination of employment. Security Security Procedure and Policies ServiceMaster follows proper security procedures. ServiceMaster is entrusted with the keys and access cards for many facilities, including high security facilities throughout the area. It is our responsibility as a company and as employees of that company to be certain that these keys and access cards are kept secure and in control at all times. It is understood that ServiceMaster and its employees will comply with any and all building security measures. Access Cards and Keys ServiceMaster secures all supervisor keys assigned in a secured lock box. All keys are checked out as needed and checked back in each morning. A full key audit is completed on a regular basis. ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 • Pricing Analysis Listed below is the price for providing the cleaning services outlined in this proposal. Services will be provided 7 times per week Monday—Sunday after 8:00 PM. Hourly Price $30.00 per hour not to exceed $10,000 for the summer Any Additional Project Cleanings $40 per hour These prices are for services listed on the enclosed cleaning specifications and are valid for the 2019 season. The prices include all necessary cleaning products and equipment but do not include disposable items such as toilet paper,paper towels,trash bags, waste basket liners, feminine products, soap, etc. Those items can be supplied by the customer or may be supplied and charged by ServiceMaster. ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 Other Services ServiceMaster Building Maintenance is capable of being your full service provider of services for your facilities; in conjunction with our ServiceMaster partners. Please call us if you should ever have a need for any of these services. Disaster Restoration Light bulb changing Post-Construction Clean-up Carpet Sanitizing Ceramic Tile and Grout Scrubbing Emergency Water Extraction Grout Sealing and Coloring Wall Washing AIB Cleaning Horizontal Blind Cleaning Window Cleaning Furniture Cleaning Mats and mat cleaning Light Maintenance t . -_.—! 4 '" 1`_ °r. ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 References Mr. Adam Alix Mr. Jeff Schweitzer Mr. Jonathan Ranum City of Menasha/Police Dept Community First Credit Union John Deere Credit 430 1st Street 2626 S. Oneida Street 8402 Excelsior Drive Menasha, WI 54952 Appleton, WI 54915 Madison, WI 53719 920-967-3617 920-830-7321 608-278-4477 Length of Service: 8 years Length of Service: 3 year Length of Service: 15 years 20,000 square feet 104,000 square feet 100,000 square feet Multiple Locations Multiple Locations Mr. Ted Gaura Mr. Darwin Lynde Mr. Mike Peterson Capital Credit Union Park Bank Headquarters The Boldt Company 825 Morris Avenue 1801 Greenway Cross 2525 N Roemer Rd. Green Bay, WI 54306 Madison,WI 53713 Appleton, WI 54912 920-494-4541 608-278-2800 920-225-6363 Length of Service: 5 Years Length of Service: 11 years Length of Service: 2 years 90,000 square feet 65,000 square feet 45,000 square feet Multiple Locations Mr. Dennis Paisar Ms. Joanie Ulrich Fleet Wholesale Co. Grant Thornton 1300 Lynndale Drive 2501 E Enterprise Ave Suite 300 Appleton, WI 54912 Appleton WI 54913 920-997-8576 920-968-6700 Length of Service: 20 years Length of Service: 5 Years 50,000 square feet 14,000 square feet Multiple Locations ,11 V - ServiceMaster Building Maintenance Proposal for City of Oshkosh Pollock Pool 1.21.2019 SERVMAS 410,,bit OP ID:CS ACOROT CERTIFICATE OF LIABILITY INSURANCE D IDD/YYYY) �� 01/22 01/22/zo1 s 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 608-257-3795 NAME:CT Scott Hausmann, CIC,CRM Hausmann-Johnson Insurance Inc PHONE 608-257-3795 I FAX 608-257-4324 700 Regent St.,PO Box 259408 (A/c,No,Ectp (Alc,No): Madison,WI 53725-9408 ADDRESS: Scott Hausmann,CIC,CRM INSURER(S)AFFORDING COVERAGE NAIL M INSURER A:ACUITY Insurance 14184 INSURED ServiceMaster Building INSURER B: Maintenance INSURER C: JKS of Wisconsin,Inc. 2522 Fish Hatchery Rd.Ste 100 INSURERD: Madison,WI 53713 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2017 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP • LIMITS LTR INS() WVD IMM/DD/YYYYI IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X Z61112 01/01/2019 01/01/2020 DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000'000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ CA AUTOMOBILE LIABILITY EOMaccINED dentSINGLE LIMIT $ 1,000,000 X ANY AUTO X Z61112 01/01/2019 01/01/2020 BODILY INJURY(Per person) $ OWNED ^SCHEDULED _AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWWNED PROPERTY DAMAGE $ _ AUTOS ONLY _AUTOS ONLY (Per accident) A — UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAR CLAIMS-MADE X Z61112 01/01/2019 01/01/2020 AGGREGATE a 5,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X STATUTE FROTH- AND EMPLOYERS'LIABILITY Y!N ANY PROPRIETOR/PARTNER/EXECUTIVE Z61112 01/01/2019 01/01/2020 E.L EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N/A 100,000 (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ SCRIPTION QF OP TIONS 1 LOCATI NS 1 ICL S A RD 1 t,Addiropal Re rks Schedule,may, a attached if more space is required) vvnen requlrea oy contract,the( 1ty o ds�t�cos�T,and Its o>'icers,council members,agents,employees and authorized volunteers are included as an additional insured on a primary,non-contributory basis with respect to the Commercial General Liability,Auto Liability,and Umbrella.A 30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION CITYOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 215 Church Ave AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh,WI 54903 l I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACUITY ENHANCEMENTS -LIABILITY COVERAGES CB-7268(8-15) This endorsement modifies insurance provided under F. Broadened Bodily Injury the following: The definition of bodily injury is amended to BIS-PAK BUSINESS LIABILITY AND MEDICAL EX- include mental anguish. PENSES COVERAGE FORM G. Unintentional Failure to Disclose Hazard A. Increased Bail Bond Amount The following is added to the Representations Paragraph 1f(1)(b) under Liability and Medical Condition in the Bis-Pak Common Policy Con- Expenses Coverages is replaced by the follow- ditions: ing: Based on our dependence upon your repre- (b) Up to $1,000 for cost of bail bonds required sentations as to existing hazards, if unintention- because of accidents or traffic law violations ally you should fail to disclose all such hazards arising out of the use of any vehicle to at the inception date of your policy, we will not which Business Liability Coverage for bodily reject Liability coverage under this policy based injury applies. We do not have to furnish solely on such failure. these bonds. B. Increased Reasonable Expenses Incurred by H. Waiver of Subrogation for Written Contracts Insured The following is added to the Transfer of Rights of Recovery Against Others to Us Condition Paragraph 1f(1)(d) under Liability and Medical under 2 Applicable to Liability Coverage in the Expenses Coverages is replaced by the follow- Bis-Pak Common Policy Conditions: ing: We waive any right of recovery we may have (d) All reasonable expenses incurred by the in- against a person or organization because of sured at our request to assist us in the payments we make for injury or damage arising investigation or defense of the claim or suit, out of your ongoing operations or your work including actual loss of earnings up to $350 done under a contract with that person or or- a day because of time off from work. ganization and included in the products-corn- C. Newly Acquired Organizations pleted operations hazard. The waiver applies Paragraph 3a under Who Is An Insured is re- only to a person or organization with whom you placed by the following: have a written contract or agreement in which you are required to waive rights of recovery a. Coverage under this provision is afforded under this policy. Such contract or agreement only until the 180th day after you acquire or must have been executed prior to the occur- form the organization or the end of the rence causing injury or damage. policy period, whichever is earlier; I. Electronic Data Liability D. Tenants Legal Liability 1. Exclusion is is replaced by the following: Paragraphs (1), (3) and (4) of the Damage to Property Exclusion do not apply to property This insurance does not apply to: damage (other than damage by fire or explo- s. Access or Disclosure of Confidential or sion) to premises, including the contents of Personal Information and Data-related such premises, rented to you for a period of 8 Liability or more consecutive days. (1) Damages, other than damages be- The most we will pay under this coverage for cause of personal and advertising damages because of property damage to any one injury, arising out of any access to premises is$10,000.A$250 deductible applies. or disclosure of any person's or or- E. Knowledge of Claim or Suit ganization's confidential or personal information, including patents, trade The following is added to the Duties in the secrets, processing methods, cus- Event of Occurrence, Offense, Claim or Suit tomer lists, financial information, Condition: credit card information, health in- Knowledge of an occurrence, offense, claim or formation or any other type of non- suit by an agent or employee of any insured public information; or shall not in itself constitute knowledge of the (2) Damages arising out of the loss of, insured unless your partners, executive officers, loss of use of, damage to, corrup- directors, managers, members or a person who tion of, inability to access, or inabil- has been designated by them to receive re- ity to manipulate electronic data ports of occurrences, offenses, claims or suits that does not result from physical shall have received such notice from the agent injury to tangible property. or employee. This exclusion applies even if damages CB-7268(8-15) (continued next page) are claimed for notification costs, credit J. Employee Benefits Liability Coverage monitoring expenses, forensic ex- 1. The following is added to Liability and Medi- penses, public relations expenses or cal Expenses Coverages: any other loss, cost or expense in- curred by you or others arising out of Insuring Agreement that which is described in paragraph (1) a. We will pay those sums that the in- or (2) above. sured becomes legally obligated to pay However, unless paragraph (1) above as damages because of any act, error applies, this exclusion does not apply to or omission, of the insured, or of any damages because of bodily injury. other person for whose acts the insured is legally liable, to which this coverage 2. The following paragraph is added to Liability applies. We will have the right and duty and Medical Expenses Limits of Insurance: to defend the insured against any suit Subject to 2 above, $10,000 is the most we seeking those damages. However, we will pay for property damage because of all will have no duty to defend the insured loss of electronic data arising out of any against any suit seeking damages to one occurrence. which this coverage does not apply. We 3. The following definition is added to Liability may, at our discretion, investigate any and Medical Expenses Definitions: report of an act, error or omission and settle any claim or suit that may result. "Electronic data" means information, facts But: or computer programs stored as or on, cre- ated or used on, or transmitted to or from (1) The amount we will pay for dam- computer software (including systems and ages is limited as described in applications software), on hard or floppy paragraph 5 of this coverage; and disks, CD-ROMs, tapes, drives, cells, data (2) Our right and duty to defend end processing devices or any other repositories when we have used up the ap- of computer software which are used with plicable limit of insurance in the electronically controlled equipment. The payment of judgments or settle- term computer programs, referred to in the ments. foregoing description of electronic data, No other obligation or liability to pay means a set of related electronic instruc- sums or perform acts or services is tions which direct the operations and func- covered unless explicitly provided for tions of a computer or device connected to under Supplementary Payments. it, which enable the computer or device to receive, process, store, retrieve or send b. This coverage applies to damages only data. if: 4. For the purposes of this coverage, the defi- (1) The act, error or omission, is negli- nition of property damage" is replaced by gently committed in the administra- the following: tion of your employee benefit pro- gram; "Property damage"means: (2) The act, error or omission, did not a. Physical injury to tangible property, in- take place before the original incep- cluding all resulting loss of use of that tion date of this coverage nor after property. All such loss of use shall be the end of the policy period; and deemed to occur at the time of the physical injury that caused it; (3) A claim for damages, because of an act, error or omission, is first made b. Loss of use of tangible property that is against any insured, in accordance not physically injured. All such loss of with paragraph c below, during the use shall be deemed to occur at the time policy period or an Extended Report- of the occurrence that caused it; or ing Period we provide under para- c. Loss of, loss of use of, damage to, graph 6 of this coverage. corruption of, inability to access, or in- c. A claim seeking damages will be ability to properly manipulate electronic deemed to have been made at the ear- data, resulting from physical injury to tier of the following times: tangible property. All such loss of elec- tronic data shall be deemed to occur at (1) When notice of such claim is re- the time of the occurrence that caused ceived and recorded by any insured it or by us, whichever comes first; or For the purposes of this coverage, elec- (2) When we make settlement in ac- tronic data is not tangible property. cordance with paragraph a above. (continued next page) A claim received and recorded by the ployment compensation insurance, so- insured within 60 days after the end of cial security or disability benefits law or the policy period will be considered to any similar law. have been received within the policy g. ERISA period, if no subsequent policy is avail- able to cover the "claim". Damages for which any insured is liable because of liability imposed on a fidu- d. All claims for damages made by an ciary by the Employee Retirement In- employee because of any act, error or come Security Act of 1974, as now or omission, or a series of related acts, hereafter amended, or by any similar errors or omissions, including damages federal, state or local laws. claimed by such employee's depen- dents and beneficiaries, will be deemed h. Available Benefits to have been made at the time the first Any claim for benefits to the extent that of those claims is made against any such benefits are available, with rea- insured. sonable effort and cooperation of the Exclusions insured, from the applicable funds ac- crued or other collectible insurance. This coverage does not apply to: i. Taxes, Fines Or Penalties a. Dishonest, Fraudulent, Criminal Or Malicious Act Taxes, fines or penalties, including - those imposed under the Internal Rev- Damages arising out of any intentional, enue Code or any similar state or local dishonest, fraudulent, criminal or mali- law. cious act, error or omission, committed by any insured, including the willful or j. Employment-Related Practices reckless violation of any statute. Damages arising out of wrongful ter- b. Bodily Injury, Property Damage, Or urination of employment, discrimination, Personal And Advertising Injury or other employment-related practices. Bodily injury, property damage or per- 2. For the purposes of the coverage provided: sonal and advertising injury. a. All references to Supplementary Pay- c. Failure To Perform A Contract ments are replaced by Supplementary Payments and Employee Benefits Li- Damages arising out of failure of perfor- ability. mance of contract by any insurer. b. Paragraphs f(1)(b), f(2) and f(3) Cov- d. Insufficiency Of Funds erage Extension - Supplementary Pay- Damages arising out of an insufficiency ments do not apply. of funds to meet any obligations under 3. For the purposes of the coverage provided, any plan included in the employee paragraphs 2 and 4 under Who Is An In- benefit program. sured are replaced by the following: e. Inadequacy Of Performance Of In- 2. Each of the following is also an insured: vestment/Advice Given With Respect To Participation a. Each of your employees who is or was authorized to administer your Any claim based upon: employee benefit program. (1) Failure of any investment to per- b. Any persons, organizations or em- form; ployees having proper temporary (2) Errors in providing information on authorization to administer your past performance of investment ve- employee benefit program if you hicles; or die, but only until your legal repre- (3) Advice given to any person with sentative is appointed. respect to that person's decision to c. Your legal representative if you die, participate or not to participate in but only with respect to duties as any plan included in the employee such. That representative will have benefit program. all your rights and duties under this f. Workers' Compensation And Similar coverage. Laws 4. Any organization you newly acquire or Any claim arising out of your failure to form, other than a partnership, joint comply with the mandatory provisions venture or limited liability company, and of any workers' compensation, unem over which you maintain ownership or majority interest, will qualify as a (continued next page) Named Insured if no other similar insur- nual period and to any remaining period of ance applies to that organization. How- less than 12 months, starting with the be- ever: ginning of the policy period shown in the a. Coverage under this provision is of Declarations of the policy to which this cov- forded only until the 90th day after erage is attached, unless the policy period you acquire or form the organiza- is extended after issuance for an additional tion or the end of the policy period, period of less than 12 months. In that case, whichever is earlier. the additional period will be deemed part of the last preceding period for purposes of b. Coverage under this provision does determining the Limits of Insurance. not apply to any act, error or omis- sion that was committed before you Deductible acquired or formed the organiza- a. Our obligation to pay damages on be- tion. half of the insured applies only to the 4. For the purposes of the coverage provided, amount of damages in excess of the the Liability And Medical Expenses Limits deductible amount stated in e below as Of Insurance Section is replaced by the applicable to Each Employee. The Lim following: its of Insurance shall not be reduced by the amount of this deductible. Limits Of Insurance b. The deductible amount stated in e be- a. The Limits of Insurance shown in d be- low applies to all damages sustained by low and the rules below fix the most we any one employee, including such em- will pay regardless of the number of: ployee's dependents and beneficiaries, (1) Insureds; because of all acts, errors or omissions (2) Claims made or suits brought; to which this coverage applies. (3) Persons or organizations making c. The terms of this coverage, including claims or bringing suits; those with respect to: (4) Acts, errors or omissions; or (1) Our right and duty to defend any suits seeking those damages; and (5) Benefits included in your employee benefits program. (2) Your duties, and the duties of any other involved insured, in the event b. The Aggregate Limit is the most we will of an act, error or omission, or pay for all damages because of acts, claim errors or omissions negligently commit- ted in the administration of your em apply irrespective of the application of ployee benefit program. the deductible amount. c. Subject to the Aggregate Limit, the d. We may pay any part or all of the Each Employee Limit is the most we deductible amount to effect settlement will pay for all damages sustained by of any claim or suit and, upon notifica any one employee, including damages tion of the action taken, you shall prom sustained by such employee's depen- ptly reimburse us for such part of the dents and beneficiaries, as a result of: deductible amount as we have paid. (1) An act, error or omission; or e. Deductible (2) A series of related acts, errors or Each Employee Deductible: $1,000 omissions negligently committed in 5. For the purposes of the coverage provided, the administration of your employee Duties In The Event Of Occurrence, Of- benefit program. fense, Claim Or Suit Condition is replaced However, the amount paid under this by the following: coverage shall not exceed, and will be 2. Duties In The Event Of An Act, Error subject to, the limits and restrictions Or Omission, Or Claim Or Suit that apply to the payment of benefits in a. You must see to it that we are any plan included in the employee notified as soon as practicable of benefit program, an act, error or omission which d. Limits of Insurance may result in a claim. To the extent Each Employee Limit: $250,000 possible, notice should include: Aggregate Limit: $250,000 (1) What the act, error or omis- sion was and when it oc- The Limits of Insurance of this coverage curred; and apply separately to each consecutive an- (continued next page) (2) The names and addresses of ror or omission on a claims- anyone who may suffer dam- made basis. ages as a result of the act, b. The Extended Reporting Period does error or omission. not extend the policy period or change b. If a claim is made or suit is brought the scope of coverage provided. It ap- against any insured, you must: plies only to claims for acts, errors or (1) Immediately record the specif omissions that were first committed be- ics of the claim or suit and the fore the end of the policy period but not date received; and before the original inception date of this coverage. Once in effect, the Extended (2) Notify us as soon as practica- Reporting Period may not be canceled. ble. c. An Extended Reporting Period of five c. You and any other involved insured years is available, but only by an en- must: dorsement and for an extra charge. (1) Immediately send us copies of You must give us a written request for any demands, notices, sum- the endorsement within 60 days after monses or legal papers re- the end of the policy period. The Ex- ceived in connection with the tended Reporting Period will not go into claim or suit; effect unless you pay the additional (2) Authorize us to obtain records premium promptly when due. and other information; We will determine the additional pre- (3) Cooperate with us in the in- mium in accordance with our rules and vestigation or settlement of rates. In doing so, we may take into the claim or defense against account the following: the suit; and (1) The employee benefit programs in- (4) Assist us, upon our request, in sured; the enforcement of any right (2) Previous types and amounts of in- against any person or organi- surance; zation which may be liable to the insured because of an act, (3) Limits of Insurance available under error or omission to which this this coverage for future payment of coverage may also apply. damages; and d. No insured will, except at that in (4) Other related factors. sured's own cost, voluntarily make The additional premium will not exceed a payment, assume any obligation $100. or incur any expense without our The Extended Reporting Period en- consent. dorsement applicable to this coverage e. The requirements to notify us can shall set forth the terms, not inconsis- be satisfied by notifying our agent. tent with this Section, applicable to the Notice can be by any means of Extended Reporting Period, including a communication. provision to the effect that the coverage 6. For the purposes of the coverage provided, afforded for claims first received during vach period is excess over any other the following Extended Reporting Period valid and collectible insurance available provisions are added: under policies in force after the Ex- EXTENDED REPORTING PERIOD tended Reporting Period. a. You will have the right to purchase an d. If the Extended Reporting Period is in Extended Reporting Period, as de- effect, we will provide an extended re- scribed below, if: porting period aggregate limit of insur- ance described below, but only for (1) This coverage is canceled or not claims first received and recorded dur- renewed; or ing the Extended Reporting Period. (2) We renew or replace this coverage The extended reporting period aggre- with insurance that: gate limit of insurance will be equal to (a) Has an inception date later the dollar amount shown in 4d of this than the original inception coverage under Limits of Insurance. date of this coverage; or Paragraph 4b of this coverage will be (b) Does not apply to an act, er amended accordingly. The Each Em- (continued next page) ployee Limit shown in 4d will then con- sell programs; leave of absence tinue to apply as set forth in paragraph programs, including military, mater- 4c. nity, family, and civil leave; tuition 7. For the purposes of the coverage provided, assistance plans; transportation the following definitions are added to Liabil and health club subsidies; and ity And Medical Expenses Definitions: (5) Any other similar benefits added a. "Administration"means: thereto by endorsement. (1) Providing information to employees, 8. For the purposes of the coverage provided, including their dependents and the following Definitions in the Liability And beneficiaries, with respect to eligi Medical Expenses Definitions Section are bility for or scope of employee replaced by the following. benefit programs; a. 'Employee"means a person actively em- (2) Handling records in connection with ployed, formerly employed, on leave of the employee benefit program; or absence or disabled, or retired. Employ- ee includes a leased worker. Employee (3) Effecting, continuing or terminating does not include a temporary worker. any employee's participation in any benefit included in the employee b. "Suit"means a civil proceeding in which benefit program. damages because of an act, error or omission to which this coverage applies • However, administration does not in- are alleged. Suit includes: clude handling payroll deductions. (1) An arbitration proceeding in which b. "Cafeteria plans" means plans autho- such damages are claimed and to rized by applicable law to allow employ- which the insured must submit or ees to elect to pay for certain benefits does submit with our consent; or with pre-tax dollars. (2) Any other alternative dispute resolu- c. "Claim" means any demand, or suit, tion proceeding in which such dam- made by an employee or an employ- ages are claimed and to which the ee's dependents and beneficiaries, for insured submits with our consent. damages as the result of an act, error or omission. 9. The Bis-Pak Common Policy Conditions are amended as follows: d. "Employee benefit program" means a program providing some or all of the For the purposes of the coverage provided, following benefits to employees, wheth paragraph H3 Other Insurance is replaced er provided through a cafeteria plan or by the following: otherwise: 3. This Employee Benefits Liability Cov- (1) Group life insurance; group acci- dent erage is excess over any of the other dent or health insurance; dental, vi insurance, whether primary, excess, sion and hearing plans; and flexible contingent or on any other basis that is spending accounts; provided that effective prior to the beginning of the no one other than an employee policy period shown in the Declarations may subscribe to such benefits and and that applies to an act, error or such benefits are made generally omission on other than a claims made available to those employees who basis, if the other insurance has a poli satisfy the plan's eligibility require- cy period which continues after the ments; original inception date of this coverage. (2) Profit sharing plans, employee sav K. Voluntary Property Damage ings plans, employee stock owner- 1. With respect to the insurance provided un- ship plans, pension plans and stock der this coverage, the following apply: subscription plans, provided that no a. Exclusion 1 k(4) is replaced by the fol- one other than an employee may lowing: subscribe to such benefits and such benefits are made generally avail- (4) Personal property of others: able to all employees who are eligible (a) Held by the insured for servic- under the plan for such benefits; ing, repair, storage or sale at (3) Unemployment insurance, social premises owned, occupied or security benefits, workers' compen- rented to the insured. sation and disability benefits; (b) Caused by the ownership, (4) Vacation plans, including buy and maintenance, use, loading or (continued next page) unloading of any auto, water- made under this coverage shall not be craft, or transportation of prop- interpreted as an admission of liability erty by any means. by the insured or the company. b. Exclusion 1k(5) is deleted. e. Deductible 2. The insurance provided by this coverage is Our obligation to pay for a covered loss subject to the following provisions: applies only to the amount of loss in a. We will pay for property damage at excess of$100. your request even if you are not legally f. Other Insurance liable, if it is otherwise subject to this The insurance provided by this cover- coverage. age is excess over any other insurance b. Property damage does not include loss carried by the insured which applies to of use if personal property of others is a loss covered by this coverage. not physically injured. L. Increased Limits of Insurance c. Limits 1. The General Aggregate Limit is increased The most we will pay for an occurrence to three times the Liability and Medical Ex- under this coverage is $2,500. penses Limit if your current Liability and The most we will pay for the sum of all Medical Expenses Limit is equal to amounts paid under this coverage is an $500,000 or $1,000,000. aggregate of $2,500. 2. The Products-Completed Operations Aggre- The Liability and Medical Expenses gate Limit is increased to three times the Limit and the Aggregate Limits do not Liability and Medical Expenses Limit if your apply to the insurance provided under current Liability and Medical Expenses Limit this coverage. is equal to $500,000 or $1,000,000. d. Settlement 3. The Damage To Premises Rented To You Limit is increased to $250,000. If you make any repairs to damaged property, at our request, we will pay the 4. The Medical Expense Limit is increased to larger of your actual cost or 75% of $10,000. your usual charge for the necessary la- The Limits of Insurance shown here do not bor and materials. Any property paid for replace and are not in addition to the Limits of or replaced by us may become our Insurance shown in the Declarations. property at our option. Any payment FUNGI OR BACTERIA EXCLUSION (LIABILITY) CB-0577(4-10) This endorsement modifies insurance provided under (2) Any loss, cost or expenses arising out of the following: the abating, testing for, monitoring, cleaning BIS-PAK BUSINESS LIABILITY AND MEDICAL EX- up, removing, containing, treating, detox- PENSES COVERAGE FORM ifying, neutralizing, remediating or disposing A. The following exclusion is added to Paragraph of, or in any way responding to, or assess- 1 under Exclusions: ing the effects of, fungi or bacteria, by any insured or by any other person or entity. Fungi or Bacteria This exclusion does not apply to any fungi or (1) Bodily injury, property damage, personal in- bacteria that are, are on, or are contained in, a jury or advertising injury which would not good or product intended for bodily consump- have occurred, in whole or in part, but for tion. the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, B. The following definition is added to Liability and existence of, or presence of, any fungi or Medical Expenses Definitions: bacteria on or within a building or structure, "Fungi" means any type or form of fungus, including its contents, regardless of whether including mold or mildew and any mycotoxins, any other cause, event, material or product spores, scents or by-products produced or re- contributed concurrently or in any sequence leased by fungi. to such injury or damage. SCHEDULE Loss of Electronic Data Limit $100,000 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS - CB-7191(5-13) AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU -PRIMARY This endorsement modifies insurance provided under This insurance does not apply to: the following: a. Bodily injury, property damage, personal BIS-PAK BUSINESS LIABILITY AND MEDICAL EX- and advertising injury arising out of the ren- PENSES COVERAGE FORM dering of, or the failure to render, any pro- 1. Who Is An Insured is amended to include as fessional, architectural, engineering or sur- an additional insured: veying services, including: a. Any person or organization for whom you (1) The preparing, approving or failing to are performing operations when you and prepare or approve maps, shop draw- such person or organization have agreed in ings, opinions, reports, surveys, field or- writing in a contract or agreement that such ders, change orders or drawings and person or organization be added as addi- specifications; and tional insured on your policy; and (2) Supervisory, inspection, architectural or b. Any other person or organization you are engineering activities. required to add as an additional insured b. Bodily injury or property damage occurring under the contract or agreement described after: in paragraph a above. or organization is an insured only (1) All work, including materials, parts or Such persong equipment furnished in connection with with respect to liability for bodily injury, property such work,on the project(other than ser- damage or personal and advertising injury vice, maintenance or repairs) to be per- caused, in whole or in part, by: formed by or on behalf of the additional a. Your acts or omissions; or insured(s) at the location of the covered b. The acts or omissions of those acting on operations has been completed;or your behalf; (2) That portion of your work out of which in the performance of your ongoing operations the injury or damage arises has been for the additional insured. put to its intended use by any person or organization other than another con- A person's or organization's status as an in- tractor or subcontractor engaged in per- sured under this endorsement ends when your forming operations for a principal as a operations for that insured are completed. part of the same project. 2. With respect to the insurance afforded to these 3. The insurance provided by this endorsement is additional insureds, the following additional ex- primary and noncontributory. clusions apply control is being exercised for any 3. Any organization you newly acquire or form, oth- purpose by; er than a partnership, limited liability company or you, any of your employees, volunteer joint venture and over which you maintain owner- workers, any partner or member (if you ship or majority interest, will qualify as a Named are a partnership or joint venture) or Insured if there is no other similar insurance any member (if you are a limited liability available to that organization. However: company). a. Coverage under this provision is afforded b. Any person (other than your employee or only until the 90th day after you acquire or volunteer worker) or any organization while form the organization or the end of the acting as your real estate manager. policy period, whichever is earlier; c. Any person or organization having proper b. Coverage does not apply to bodily injury or temporary custody of your property if you property damage that occurred before you die, but only: acquired or formed the organization; and (1) With respect to liability arising out of the maintenance or use of that prop- c. Coverage does not apply to personal and erty; and advertising injury arising out of an offense (2) Until your legal representative has been committed before you acquired or formed appointed. the organization. d. Your legal representative if you die, but only No person or organization is an insured with respect with respect to duties as such. That repre- to the conduct of any current or past partnership, sentative will have all your rights and duties joint venture or limited liability company that is not under this policy. shown as a Named Insured in the Declarations. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- a. The Products-Completed Operations Aggre- tions and the rules below fix the most we will gate Limit shown in the Declarations is the pay regardless of the number of: most we will pay for injury or damage under a. Insureds: the products-completed operations hazard arising from all occurrences during the poli- b. Claims made or suits brought; or cy period. c. Persons or organizations making claims or b. The General Aggregate Limit shown in the bringing suits. Declarations is the most we will pay for the 2. The most we will pay for the sum of all dam sum of all damages because of all: ages because of all: (1) Bodily injury, property damage and medical expenses arising from all oc- a. Bodily injury, property damage and medical currences during the policy year. This expenses arising out of any one occur- limit applies separately to: rence; and (a) Each location owned by or rented b. Personal and advertising injury sustained by to you. A location is a premises any one person or organization; involving the same or connecting is the Liability and Medical Expenses Limit lots, or a premises whose connec- shown in the Declarations. But the most we will tion is interrupted only by a street, pay for all medical expenses because of bodily roadway, waterway or right-of-way injury sustained by any one person is the Medi- of a railroad; and cal Expenses Limit shown in the Declarations. (b) Each of your projects away from a 3. The most we will pay under Business Liability location owned by or rented to you; Coverage for damages because of property or damage to a premises while rented to you or in (2) Personal and advertising injury arising the case of a fire while rented to you or tem- out of all offenses committed during the porarily occupied by you with permission of the policy period. owner is the applicable Damage To Premises The Limits of Insurance of this policy apply sepa- Rented To You Limit shown for that premises rately to each consecutive annual period and to any in the Declarations. For a premises temporarily remaining period of less than 12 months, starting occupied by you, the applicable limit will be the with the beginning of the policy period shown in the Damage To Premises Rented To You Limit Declarations, unless the policy period is extended shown in the Declarations. after issuance for an additional period of less than 4. Aggregate Limits 12 months. In that case, the additional period will be CB-0006(8-15) Page 11 of 16 .deemed part of the last preceding period for pur- poses of determining the Limits of Insurance. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS We have no duty to provide coverage under this No person or organization has a right under Coverage Part unless you and any other involved this policy: insured have fully complied with the Conditions con- tained in this Coverage Part. a. To join us as a party or otherwise bring us 1. Bankruptcy into a suit asking for damages from an insured; or Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our b. To sue us on this policy unless all of its obligations under this policy. terms have been fully complied with. 2. Duties in the Event of Occurrence, Offense, Claim or Suit A person or organization may sue us to re- a. You must see to it that we are notified as cover on an agreed settlement or on a final soon as practicable of an occurrence or an judgment against an insured; but we will not be offense which may result in a claim. To the liable for damages that are not payable under extent possible, notice should include: the terms of this policy or that are in excess of the applicable Limit of Insurance. An •agreed (1) How, when and where the occurrence settlement means a settlement and release of or offense took place; liability signed by us, the insured and the claim- (2) The names and addresses of any in- ant or the claimant's legal representative. jured persons and witnesses; and (3) The nature and location of any injury or 4. Separation of Insureds damage arising out of the occurrence or offense. Except with respect to the Limits of Insurance b. and any rights or duties specifically assigned in If a claim is made or suit is brought against this policy to the First Named Insured, this any insured, you must; insurance applies: (1) Immediately record the specifics of the claim or suit and the date received; and a. As if each Named Insured were the only (2) Notify us as soon as practicable. Named Insured; and You must see to it that we receive written b. Separately to each insured against whom notice of the claim or suit as soon as prac- claim is made or suit is brought. ticable. c. You and any other involved insured must: 5. Premium Audit - Business Liability (1) Immediately send us copies of any de- mands, notices, summonses or legal a. We will compute all premiums for this Cov- papers received in connection with the erage Part in accordance with our rules and claim or suit; rates. (2) Authorize us to obtain records and oth- b. Premium shown in this Coverage Part as er information; advance premium is a deposit premium (3) Cooperate with us in the investigation only. At the close of each audit period we or settlement of the claim or defense will compute the earned premium for that against the suit; and period. If a premium payment is due, we (4) Assist us, upon our request, in the en- will send notice to the First Named Insured. forcement of any right against any per- The due date for audit premiums is the date son or organization that may be liable shown as the due date on the bill. If the to the insured because of injury or sum of the advance and audit premiums damage to which this insurance may paid for the policy term is greater than the also apply. earned premium, we will return the excess to the First Named Insured. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume c. The First Named Insured must keep re- any obligation or incur any expense, other cords of the information we need for pre- than for first aid, without our consent. mium computation and send us copies at 3. Legal Action Against Us such times as we may request. CB-0006(8-15) Page 12 of 16 ADDITIONAL INSURED-COMPLETED OPERATIONS- PRIMARY AUTO- CB-7242(5-13) MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRACTORS) This endorsement modifies insurance provided under 2. The insurance does not apply to: the following: a. Bodily injury or property damage which oc- BIS-PAK BUSINESS LIABILITY AND MEDICAL EX- curs prior to execution of the contract or PENSES COVERAGE FORM agreement described in item 1; or 1. Who Is An Insured is amended to include as b. Bodily injury or property damage that oc- an additional insured: curs after the time period during which the a. Any person(s) or organization(s) for whom contract or agreement described in item 1 you have performed operations if you and requires you to add such person or or- such person(s) or organization(s) have ganization onto your policy as an additional agreed in writing in a contract or agreement insured for completed operations; or that such person(s) or organization(s) be c. Bodily injury or property damage arising out added as an additional insured on your poll- of the rendering of, or the failure to render, cy for completed operations; and any professional, architectural, engineering b. Any other person or organization you are or surveying services, including: required to add as an additional insured (1) The preparing, approving or failing to under the contract or agreement described prepare or approve maps, shop draw- in paragraph a above. ings, opinions, reports, surveys, field or- Such person(s) or organization(s) is an addi- ders, change orders or drawings and tional insured only with respect to liability in- specifications; and cluded in the products-completed operations (2) Supervisory, inspection, architectural or hazard for bodily injury or property damage engineering activities. caused, in whole or in part, by your work per- formed for that additional insured at the loca- 3. The insurance provided by this endorsement is tion designated and described in the contract or primary and noncontributory. agreement.