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15-034.00 Sandry Construction: Broadway Storm Drain Retrofits Contract THIS AGREEMENT, made and entered into this 1 ct day of a 2015, between the City of Spokane Valley under and by virtue of Title 35 RCW, as am nded and Sandry Construction Company, Inc. Hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Broadway Avenue SD Retrofits SVPW Contract# 15-034 in accordance with and as described in the project plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Spokane Valley. II. The City of Spokane Valley hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City of Spokane Valley by reason of entering onto this contract, except as provided herein. V. The project was awarded for the bid amount of$444,877.00 IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the City of Spokane Valley has caused this instrument to be executed by and in the name of the said City of Spokane Valley the day and year first above written. Executed by Contractor 4/...04-/J' , 2015 Date 12 rrZ V,- 'a/ Priname peo, t7t Title 7 Si ature City of SpokIi Iley rlite i a�- stPrinte8me Ci4a.- -- Ti ,,,/6 /1 zw.,,,,w,-.-__-, i ature ' ,..Irs i V crre a Spokane �,jValleys BOND NO: 106255863 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Sandry Construction Company.Inc. (Contractor), as Principal, a contract for the construction of the project designated as Broadway Ave. SD Retrofits, Project No. 0197 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty&Surety Company of America (Surety), a corporation organized under the laws CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$444,877.00 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal, its heirs,executors,administrators,successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONT R) RELY Tray lers C sualty&Surety Company of America Sandry Co c ion Compan , c _ unciPal Signature Date Surety Signa a Date MO(to( t t, l`rt4 Dale L Anderson Printed Name-, Printed Name Attorney-In-Fact Title ,, - - Title 'Name,address,and telephone of local office/agent of Surety Company is: gsttell_Trisny rance Agency,T.T.C_Dale T- Anderson PO Box 2009,Great Falls,MT 59403 (406)761-5000 Revised 1.14.13 Spokane 4.00Valley; BOND NO: 106255863 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Sandry Construction Company,Inc. (Contractor), as Principal, a contract for the construction of the project designated as Broadway Ave. SD Retrofits, Project No. 0197 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCVV). The Principal, and Travelers Casualty&Surety Company of America (Surety), a corporation, organized under the laws of CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$444,877.00 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CON S RETY T ave rs C ualty&Surety Company of America Sandry Const ti tion Co ,Inc ,, " i ' /� ` �, 5/01/2015 Principal Signature Date Surety Signatu Date Dale J.Anderson Printed N2hia Printed Name ode Attorney-In-Fact Title 7 Title Name,address,and telephone of local office/agent of Surety Company is: ,,::6pgswell'rsurance Agency,LLC,Dale 1.Anderson PC)Box 20`09,Great Falls MT 59403 (406)761-5000 Revised 1.14.13 4 r WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229302 Certificate No. 0 0 6 3 2 0 6 9 0 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Dianne L.Meinhardt,Timothy G.Lighthourne,Dale J.Anderson,and Stephani L.Cordeiro of the City of Great Falls ,State of Montana ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this IN day of April , • Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guarantydnsurance"Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company . i•.1 GNSUv Jy 4lRE 6H :0,!:!....1 `4N.�NSGB Jp+.1NS4gq 0J,}tY AHp dL 4�,,0E1o,�, ���('(�• ( EL) C fet P to rh 'vs 'URAN.�c fSN AN..+� j .._...• ). dt . t•� a c.14)7 ANt 614) State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 16th day of April 2015 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.7ET In Witness Whereof,I hereunto set my hand and official seal. 1. •*R Q c. ' ����� �1 My Commission expires the 30th day of June,2016. * Ammo * v.\ Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,....,........41 SANDCON-02 AOLSON ACORU" DATE(MM/DD/YYYY) `,,� CERTIFICATE OF LIABILITY INSURANCE 5/11/2015 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 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: Kalispell Office PHONE 406 758-4200 FAX 406 755-1189 Pa neWest Insurance,Inc. (A/C.No,Ext):( ) (A/C,No): ( ) E-MAIL 33 Village Loop ADDRESS: Kalispell,MT 59901 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Companies 10677 INSURED INSURER B: Sandry Construction Company,Inc. INSURER C: P.O.Box 507 INSURER D: Bigfork,MT 59911 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X 4 OCCUR X X EPP0249033 05/10/2015 05/10/2016 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY n JECTPRO- n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO EPP0249033 05/10/2015 05/10/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) — $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 A EXCESS LIAB CLAIMS-MADE EPP0249033 05/10/2015 05/10/2016 AGGREGATE $ 9,000,000 DED 1 _ RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY STATUTE ERH A ANY PROPRIETOR/PARTNER/EXECUTIVE ElYN/A EPP0249033 05/10/2015 05/10/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Equipment Floater EPP0249033 05/10/2015 05/10/2016 Rented/Leased 332,000 A Equipment Floater EPP0249033 05/10/2015 05/10/2016 Scheduled Equip 3,114,303 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE 15-034 Broadway SD Project The City of Spokane Valley,Public Works Department-Stormwater Utility,its officers,elected officials,employees,agents,and volunteers and the State of Washington and its officers,elected officials,employees,agents,and volunteers are listed as Additional Insured on a Primary and Non-Contributory Basis RE: 15-034 Broadway SD Project per Form GA 233 MT 05 10 attached. A Waiver of Subrogation applies in Favor of The City of Spokane Valley,Public Works Department-Stormwater Utility,Its officers,elected officials,employees,agents,and volunteers and the State of Washington and its officers,elected officials,employees,agents,and volunteers,RE: 15-034 Broadway SC Project,per Form GA 233 MT 0510 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department-Stormwater Utility 11707 E.Sprague,Ste 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE dlistuti‘l&tut, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA CONTRACTORS ' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 8 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 10 6. Voluntary Property Damage (Coverage a.) and Care,Custody or Control Liability Coverage (Coverage b.) 10 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured-Specified Relationships: 11 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits; and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property 16 11. Property Damage to Borrowed Equipment 16 12. Employees as Insureds-Specified Health Care Services: 16 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence 16 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance ' GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 1 of 16 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage • (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 2) Our right and duty to defend ends when we 1. Employee Benefit Liability Coverage have used up the ap- a. The following is added to SECTION I plicable limit of insur- - COVERAGES: Employee Benefit ance in the payment of Ljudgments or settle- Liability Coverage. ments. (1) Insuring Agreement No other obligation or liabil- (a) We will pay those sums that ity to pay sums or perform the insured becomes legally acts or services is covered obligated to pay as dam- unless explicitly provided for ages caused by any act, er- under Supplementary Pay- ror or omission of the in- ments. sured, or of any other per- (b) This insurance applies to son for whose acts the in- damages only if the act, er- sured is legally liable, to ror or omission, is negli- which this insurance ap- plies. We will have the right "administration" of your and duty to defend the in- "employee benefit pro- cured against any "suit" gram"; and seeking those damages. However, we will have no 1) Occurs during the pol- duty to defend against any icy period; or "suit" seeking damages to which this insurance does 2) Occurred prior to the not apply. We may, at our effective date of this discretion, investigate any endorsement provided: report of an act, error or a) You did not have omission and settle any of a claim or "suit" knowledge that may re- claimor "suit" on suit. But: or before the ef- 1) The amount we will pay fective date of this for damages is limited endorsement. as described in SEC- e You will b TION III - LIMITS OF You to have INSURANCE; and Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 2 of 16 • knowledge of a Any claim based upon: claim or "suit" when any 1) Failure of any invest- "authorized repre- ment to perform; sentative"; 2) Errors in providing in- i) Reports all, or formation on past per- any part, of the formance of investment act, error or vehicles; or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision ii) Receives a to participate or not to written or ver- participate in any plan bal demand or included in theem- claim for dam- ployee benefit pro- ages because gram". of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, (2) Exclusions unemployment compensa- tion insurance, social secu- This insurance does not apply rity or disability benefits law to: or any similar law. (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any Advertising Injury in- sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage" or "personal and ary by the Employee Re- advertising injury". tirement Income Security Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or Damages arising out of any local laws. intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits including the willful or reck- are available, with reason- less violation of any statute. able effort and cooperation of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- tract by any insurer. Taxes, fines or penalties, including those imposed (d) Insufficiency of Funds under the Internal Revenue Damages arising out of an Code or any similar state or insufficiency of funds to local law. meet any obligations under (j) Employment-Related any plan included in the Practices "employee benefit pro- gram". Any liability arising out of any: (e) Inadequacy of Perform- ance of Investment / Ad- (1) Refusal to employ; vice Given With Respect to Participation Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission. Page 3 of 16 (2) Termination of em- or limited liability company, ployment; you are an insured. Your "executive officers" and di- (3) Coercion, demotion, rectors are insureds, but evaluation, reassign- only with respect to their ment, discipline, defa- duties as your officers or di- mation, harassment, rectors. Your stockholders humiliation, discrimina- are also insureds, but only tion or other employ- with respect to their liability ment-related practices, as stockholders. acts or omissions;or (e) A trust, you are an insured. (4) Consequential liability Your trustees are also in- as a result of (1), (2) or sureds, but only with re- (3) above. spect to their duties as This exclusion applies trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must administer your "employee pay damages because of benefit program". the injury. (b) Any persons, organizations (3) Supplementary Payments or "employees" having proper temporary authori- SECTION I - COVERAGES, zation to administer your SUPPLEMENTARY PAY- "employee benefit program" MENTS - COVERAGES A AND if you die, but only until your B also apply to this Coverage. legal representative is ap- b. Who is an Insured pointed. As respects Employee Benefit Liabil- (c) Your legal representative if ity Coverage, SECTION II - WHO IS you die, but only with re- AN INSURED is deleted in its en- spect to duties as such. tirety and replaced by the following: That representative will have all your rights and du- (1) If you are designated in the ties under this Coverage Declarations as: Part. (a) An individual, you and your (3) Any organization you newly ac- spouse are insureds, but quire or form, other than a part- only with respect to the nership, joint venture or limited conduct of a business of liability company, and over which you are the sole which you maintain ownership owner. or majority interest, will qualify as a Named Insured if no other (b) A partnership or joint ven- similar insurance applies to that ture, you are an insured. organization. However, cover- Your members, your part- age under this provision: ners, and their spouses are also insureds but only with (a) Is afforded only until the respect to the conduct of 180th day after you acquire your business. or form the organization or the end of the policy period, (c) A limited liability company, whichever is earlier; and you are an insured. Your members are also insureds, (b) Does not apply to any act, but only with respect to the error or omission that was conduct of your business. committed before you ac- Your managers are in- quired or formed the or- sureds, but only with re- ganization. spect to their duties as your c. Limits of Insurance managers. (d) An organization other than As respects Employee Benefit Liabil- a partnership, joint venture ity Coverage, SECTION III - LIMITS Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 4 of 16 OF INSURANCE is deleted in its en- (4) Deductible Amount tirety and replaced by the following: (a) Our obligation to pay dam- (1) The Limits of Insurance shown ages on behalf of the in- in Section B. Limits of Insur- sured applies only to the ance, 1. Employee Benefit Li- amount of damages in ex- ability Coverage and the rules cess of the deductible below fix the most we will pay amount stated in the Decla- regardless of the number of: rations as applicable to Each Employee. The limits (a) Insureds; of insurance shall not be reduced(b) Claims made or "suits" this dedubiblehe amount of brought; (c) Persons or organizations (b) The deductible amount makingstated in the Declarations claims or bringing "suits"; applies to all damages sustained by any one "em- (d) Acts, errors or omissions; or ployee", including such "employee's" dependents (e) Benefits included in your and beneficiaries, because "employee benefit pro- of all acts, errors or omis- gram". sions to which this insur- (2) The Aggregate Limit shown in ance applies. Section B. Limits of Insurance, (c) The terms of this insurance, 1. Employee Benefit Liability including those with respect Coverage of this endorsement to: is the most we will pay for all damages because of acts, er- 1) Our right and duty to rors or omissions negligently defend the insured committed in the "administra- against any "suits" tion" of your "employee benefit seeking those dam- program". ages;and (3) Subject to the limit described in 2) Your duties, and the (2) above, the Each Employee duties of any other in- Limit shown in Section B. Limits volved insured, in the of Insurance, 1. Employee event of an act, error or Benefit Liability Coverage of omission, or claim, this endorsement is the most we apply irrespective of the will pay for all damages sus- application of the deductible tained by any one "employee", amount. including damages sustained by "employee's" e endents suchdependents (d) We maypayanypart or all and beneficiaries, as a result of: of the deductible amount to (a) An act, error or omission; or effect settlement of any claim or "suit" and, upon (b) A series of related acts, er- notification of the action rors or omissions, regard- taken, you shall promptly less of the amount of time reimburse us for such part that lapses between such of the deductible amount as acts, errors or omissions, we have paid. negligently committed in the d. Additional Conditions "administration" of your "em- As respects Employee Benefit Li- ployee benefit program". ability Coverage, SECTION IV - However, the amount paid un- COMMERCIAL GENERAL LIABIL- der this endorsement shall not ITY CONDITIONS is amended as exceed, and will be subject to follows: the limits and restrictions that (1) Item 2. Duties in the Event of apply to the payment of benefits Occurrence, Offense, Claim or in any plan included in the "em- Suit is deleted in its entirety and ployee benefit program". replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 5 of 16 2. Duties in the Event of an any right against • Act, Error or Omission, or any person or or- - Claim or Suit ganization which may be liable to a. You must see to it that the insured be- we are notified as soon cause of an act, as practicable of an error or omission act, error or omission to which this in- which may result in a surance may also claim. To the extent apply. possible, notice should include: d. No insured will, except at that insured's own (1) What the act, error cost, voluntarily make a or omission was payment, assume any and when it oc- obligation, or incur any curred; and expense without our (2) The names and consent. addresses of any- (2) Item 5. Other Insurance is de- one who may leted in its entirety and replaced suffer damages as by the following: a result of the act, error or omission. 5. Other Insurance b. If a claim is made or If other valid and collectible "suit" is brought against insurance is available to the any insured, you must: insured for a loss we cover under this Coverage Part, (1) Immediately rec- our obligations are limited ord the specifics of as follows: the claim or "suit" and the date re- a. Primary Insurance ceived; and This insurance is pri- (2) Notify us as soon mary except when c. as practicable. below applies. If this in- surance is primary, our You must see to it that obligations are not af- we receive written no- fected unless any of tice of the claim or the other insurance is "suit" as soon as prac- also primary. Then, we ticable. will share with all that c. You and any other in- other insurance by the volved insured must: method described in b. below. (1) Immediately send b. Method of Sharing us copies of any demands, notices, If all of the other insur- summonses or le- ance permits contribu- gal papers re- tion by equal shares, ceived in connec- we will follow this tion with the claim method also. Under or "suit"; this approach each in- (2) Authorize us to surer contributes equal obtain records and amounts until it has other information; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of If any of the other in- the claim or de- surance does not per- fense against the mit contribution by "suit"; and equal shares, we will (4) Assist us, upon contribute by limits. our request, in the Under this method, enforcement of each insurer's share is Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 6 of 16 • based on the ratio of its 2. "Cafeteria plans" means • applicable limit of in- plan authorized by applica- surance to the total ap- ble law to allow "employ- plicable limits of insur- ees" to elect to pay for cer- ance of all insurers. tain benefits with pre-tax dollars. c. No Coverage 3. "Employee benefit pro- 1 This insurance shall not grams" means a program cover any loss for providing some or all of the which the insured is following benefits to "em- entitled to recovery un- ployees", whether provided der any other insur- through a "cafeteria plan" or ance in force previous otherwise: to the effective date of this Coverage Part. a. Group life insurance; group accident or e. Additional Definitions health insurance; den- tal, As respects Employee Benefit Li- la sision and hearing p ability Coverage, SECTION V - plans; and flexible DEFINITIONS is amended as fol- spending accounts; lows: provided that no one other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and such benefits are made 1. "Administration" means: generally available to those "employees" who a. Providing information to satisfy the plan's eligi- "employees", including bility requirements; their dependents and beneficiaries, with re- b. Profit sharing plans, spect to eligibility for or employee savings scope of "employee plans, employee stock benefit programs"; ownership plans, pen- b. Interpreting the "em- sion plans and stock ployee benefit pro- subscription plans, provided that no one grams"; other than an "em- c. Handling records in ployee" may subscribe connection with the to such benefits and "employee benefit pro- such benefits are made grams"; or generally available to all "employees" who d. Effecting, continuing or are eligible under the terminating any "em- plan for such benefits; ployees participation in any benefit included c. Unemployment insur- in the "employee bene- ance, social security fit program". benefits, workers' com- pensation and disability However, "administration" benefits; and does not include: d. Vacation plans, includ- a. Handling payroll de- ing buy and sell pro- ductions; or grams; leave of ab- sence programs, in- b. The failure to effect or cluding military, mater- maintain any insurance family, and civil or adequate limits of a of insurance, leave; tuition assis- coverage tance plans; transpor- including but not limited tation and health club to unemployment in- subsidies. surance, social security benefits, workers' corn- (2) The following definitions are pensation and disability deleted in their entirety and re- benefits. placed by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 7 of 16 21. "Suit" means a civil pro- A. BODILY INJURY AND PROP- - ceeding in which money ERTY DAMAGE LIABILITY applies damages because of an to "property damage" arising out of act, error or omission to water damage to premises that are which this insurance applies both rented to and occupied by you. are alleged. "Suit" includes: (1) As respects Water Damage Le- a. An arbitration pro- gal Liability, as provided in ceeding in which such Paragraph 3.b. above: damages are claimed The exclusions under SECTION and to which the in- I - COVERAGES, COVERAGE sured must submit or A. BODILY INJURY AND does submit with our PROPERTY DAMAGE LIABIL- consent; ITY, 2. Exclusions, other than i. b. Any other alternative War and the Nuclear Energy dispute resolution pro- Liability Exclusion, are deleted ceeding in which such and the following are added: damages are claimed and to which the in- This insurance does not apply sured submits with our to: consent;or (a) "Property damage": c. An appeal of a civil 1) Assumed in any con- proceeding. tract; or 8. "Employee" means a per- 2) Loss caused by or re- son actively employed, for- suiting from any of the merly employed, on leave following: of absence or disabled, or retired. "Employee"includes a) Wear and tear; a "leased worker". "Em- ployee" does not include a "temporary worker". fungus, decay, deterioration, hid- 2. Unintentional Failure to Disclose Hoz- den or latent Be- ards fect or any quality in property that SECTION IV- COMMERCIAL GENERAL causes it to dam- LIABILITY CONDITIONS, 7. Represen- age or destroy it- tations is hereby amended by the addi- self; tion of the following: c) Smog; Based on our dependence upon your representations as to existing hazards, if d) Mechanical unintentionally you should fail to disclose breakdown in- all such hazards at the inception date of cluding rupture or your policy, we will not reject coverage bursting caused under this Coverage Part based solely on by centrifugal such failure. force; 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The last Subparagraph of Paragraph pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, by in- Exclusions c.through q. do not apply sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- mg. TION I - COVERAGES, COVERAGE Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 8 of 16 1) Earthquake, volcanic 6. Subject to 5. above, the eruption, landslide or Damage to Premises any other earth move- Rented to You Limit is the ment; most we will pay under COVERAGE A. BODILY 2) Water that backs up or INJURY AND PROPERTY overflows from a DAMAGE LIABILITY, for sewer, drain or sump; damages because of 3) Water under the "property damage" to ground surface press- premises while rented to ing on, or flowing or you or temporarily occupied seeping through: by you with permission of the owner, arising out of a) Foundations, any one "occurrence" to walls, floors or which this insurance ap- paved surfaces; plies. b) Basements, (3) The amount we will pay is lim- whether paved or ited as described in Section B. not; or Limits of Insurance, 3. Dam- age to Premises Rented to c) Doors, windows or You of this endorsement. other openings. 4. Supplementary Payments (c) Loss caused by or resulting from water that leaks or Under SECTION I - COVERAGE, SUP- flows from plumbing, heat- PLEMENTARY PAYMENTS - COVER- ing, air conditioning, or fire AGES A AND B: protection systems caused a. Paragraph 2. is replaced by the fol- by or resulting from freez- lowing: ing, unless: 1) You did your best to Up to the limit shown in Section B. maintain heat in the Limits of Insurance, 4.a. Bail Bonds building or structure; or . of this endorsement for cost of bail bonds required because of accidents 2) You drained the or traffic law violations arising out of equipment and shut off the use of any vehicle to which the the water supply if the Bodily Injury Liability Coverage ap- heat was not main- plies. We do not have to furnish tained. these bonds. (d) Loss to or damage to: b. Paragraph 4. is replaced by the fol- lowing: 1) Plumbing, heating, air conditioning, fire pro- All reasonable expenses incurred by tection systems, or the insured at our request to assist other equipment or ap- us in the investigation or defense of pliances; or the claim or "suit", including actual loss of earnings up to the limit shown 2) The interior of any in Section B. Limits of Insurance, building or structure, or 4.b. Loss of Earnings of this en- to personal property in dorsement per day because of time the building or structure off from work. caused by or resulting from rain, snow, sleet 5. Medical Payments or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is c. Limit of Insurance amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission. Page 9 of 16 6. Voluntary Property Damage and Care, stated in Section B. Limits of Custody or Control Liability Coverage Insurance, 6. Voluntary Prop- - erty Damage and Care, Cus- a. Voluntary Property Damage Coy- tody or Control Liability Cov- erage erage of this endorsement. The We will pay for "property damage" to limits of insurance will not be re- property of others arising out of op- duced by the application of such erations incidental to the insured's deductible amount. business when: (2) Condition 2. Duties in the Event (1) Damage is caused by the in- of Occurrence, Offense, Claim sured; or or Suit, applies to each claim or "suit" irrespective of the amount. (2) Damage occurs while in the in- (3) We may pay any part or all of sured's possession. the deductible amount to effect With your consent, we will make settlement of any claim or "suit" these payments regardless of fault. and, upon notification of the ac- tion taken, you shall promptly b. Care, Custody or Control Liability reimburse us for such part of the Coverage deductible amount as has been SECTION I - COVERAGES, COV- paid by us. ERAGE A. BODILY INJURY AND 7. 180 Day Coverage for Newly Formed or PROPERTY DAMAGE LIABILITY, 2. Acquired Organizations Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do SECTION II - WHO IS AN INSURED is not apply to "property damage" to amended as follows: the property of others described Subparagraph a. of Paragraph 4. is therein. hereby deleted and replaced by the fol- With respect to the insurance provided by lowing: this section of the endorsement, the fol- a. Insurance under this provision is af- lowing additional provisions apply: forded only until the 180th day after a. The Limits of Insurance shown in the you acquire or form the organization Declarations are replaced by the lim- or the end of the policy period, its designated in Section B. Limits of whichever is earlier; Insurance, 6. Voluntary Property 8. Waiver of Subrogation Damage and Care, Custody or Control Liability Coverage of this SECTION IV- COMMERCIAL GENERAL endorsement with respect to cover- LIABILITY CONDITIONS, 9. Transfer of age provided by this endorsement. Rights of Recovery Against Others to These limits are inclusive of and not Us is hereby amended by the addition of in addition to the limits being re- the following: placed. The Limits of Insurance shown in Section B. Limits of Insur- We waive any right of recovery we may ance, 6. Voluntary Property Dam- have because of payments we make for age and Care, Custody or Control injury or damage arising out of your on- Liability Coverage of this endorse- going operations or "your work" done un- ment fix the most we will pay in any der a written contract requiring such one "occurrence" regardless of the waiver with that person or organization number of: and included in the "products-completed operations hazard". However, our rights (1) Insureds; may only be waived prior to the "occur- (2) Claims made or "suits" brought; for which giving lse to make theinjury undeor r,the is or Coverage Part. The insured must do (3) Persons or organizations mak- nothing after a loss to impair our rights. At ing claims or bringing "suits". our request,the insured will bring "suit" or transfer those rights to us and help us b. Deductible Clause enforce those rights. (1) Our obligation to pay damages 9. Automatic Additional Insured - Speci- on your behalf applies only to fled Relationships the amount of damages for each "occurrence" which are in ex- a. The following is hereby added to cess of the deductible amount SECTION II-WHO IS AN INSURED: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 10 of 16 (1) Any person or organization de- demolition operations scribed in Paragraph 9.a.(2) performed by or on be- - below (hereinafter referred to as half of such additional additional insured) whom you insured. are required to add as an addi- (b) Any person or organization tional insured under this Cover- from which you lease age Part by reason of: equipment with whom you (a) A written contract or have agreed per Paragraph agreement; or 9.a.(1) above to provide in- surance. Such person(s) or (b) An oral agreement or con- organization(s) are in- tract where a certificate of sureds, but only to the ex- insurance showing that per- tent that the liability for son or organization as an "bodily injury", "property additional insured has been damage" or "personal and issued, advertising injury" is caused is an insured, provided: by your negligence, acts or omissions in the mainte- (a) The written or oral contract nance, operation or use of or agreement is: equipment leased to you by such person(s) or organiza- 1) Currently in effect or tions(s). However, this in- becomes effective surance does not apply to during the policy pe- any "occurrence" which I riod; and takes place after the 2) Executed prior to an equipment lease expires. "occurrence" or offense (c) Any person or organization to which this insurance (referred to below as ven- would apply; and dor) with whom you have (b) They are not specifically agreed per Paragraph 9.a.(1) above to provide in- named as an additional in- surance, but only with re- sured under any other pro- vision of, or endorsement spect to "bodily injury" or added to, this Coverage "property damage" arising Part. out of"your products" which are distributed or sold in the (2) Only the following persons or regular course of the ven- organizations are additional in- dor's business, subject to sureds under this endorsement, the following additional ex- and insurance coverage pro- clusions: vided to such additional in- 1) The insurance afforded sureds is limited as provided the vendor does not herein: apply to: (a) The manager or lessor of a a) "Bodily injury" or premises leased to you with "property damage" whom you have agreed per for which the ven- Paragraph 9.a.(1) above to dor is obligated to provide insurance, but only pay damages by with respect to liability aris- reason of the as- ing out of the ownership, sumption of liabil- maintenance or use of that ity in a contract or part of a premises leased to agreement. This you, subject to the following exclusion does not additional exclusions: apply to liability for This insurance does not damages that the apply to: vendor would have in the ab- 1) Any "occurrence" sence of the con- which takes place after tract or agree- you cease to be a ten- ment; ant in that premises. 2) Structural alterations, new construction or Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 11 of 16 b) Any express war- employees or ranty unauthorized anyone else act- ' by you; ing on its behalf. c) Any physical or 2) This insurance does chemical change not apply to any in- in the product sured person or or- made intentionally ganization: by the vendor; a) From whom you d) Repackaging, ex- have acquired cept when un- such products, or packed solely for any ingredient, the purpose of in- part or container, spection, demon- entering into, ac- stration, testing, or companying or the substitution of containing such parts under in- products; or structions from the b) When liability in- manufacturer, and cluded within the then repackaged "products- container;the original completed opera- tions hazard" has e) Any failure to been excluded make such in- under this Cover- spections, adjust- age Part with re- ments, tests or spect to such servicing as the products. vendor has (d) Any state or political subdi- normally onderr- norto makeor vision with which you have u takes to make in agreed per Paragraph the usual course 9.a.(1) above to provide in- of business, in surance, subject to the fol- connection with lowing additional provision: the distribution or This insurance applies only sale of the prod- with respect to the following ucts; hazards for which the state f) Demonstration, in- or political subdivision has stallation, servic- issued a permit in connec- ing or repair op- tion with premises you own, erations, except rent or control and to which such operations this insurance applies: performed at the 1) The existence, mainte- vendor's premises nance, repair, con- in connection with struction, erection, or the sale of the removal of advertising product; signs, awnings, cano- g) Products which, pies, cellar entrances, after distribution or coal holes, driveways, sale by you, have manholes, marquees, been labeled or hoist away openings, relabeled or used sidewalk vaults, street as a container, banners, or decora- part or ingredient tions and similar expo- of any other thing sures;or or substance by or 2) The construction, erec- for the vendor; or tion, or removal of ele- h) "Bodily injury" or vators; or "property damage" 3) The ownership, main- arising out of the tenance, or use of any negligence, acts elevators covered by or omissions of this insurance. the vendor, its Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 12 of 16 (e) Any state or political subdi- formed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an in- surance, subject to the fol- sured under this provision lowing provisions: of this endorsement contin- ues for only the period of 1) This insurance applies time required by the written only with respect to op- contract or agreement, but erations performed by in no event beyond the ex- you or on your behalf piration date of this Cover- for which the state or age Part. If there is no writ- political subdivision has ten contract or agreement, issued a permit. or if no period of time is re- t) This insurance does quired by the written con- not apply to "bodily in- tract or agreement, a per„ son or organization's status jury", "property dam- as an insured under this age" "personal personal and endorsement ends advertising injury" aris- your when operations for thatn ig out of operations sured are completed. performed for the state or political subdivision. (3) Any insurance provided to an (f) For "your work" performed additional insured designated in Montana, any person or under Paragraph 9.a.(2): organization with which you (a) Subparagraphs (e), (f) and have agreed per Paragraph (g) do not apply to "bodily 9.a.(1) above to provide in- injury" or"property damage" surance, but only to the included within the "prod- extent that the liability is ucts-completed operations caused by "your work" per- hazard"; formed for that additional insured and only to the ex- (b) Subparagraphs (a), (d), (e) tent that such liability is and (g) do not apply to caused by your acts or "bodily injury", "property omissions or the acts or damage" or "personal and omissions of those acting advertising injury" arising on your behalf. A person or out of the sole negligence organization's status as an or willful misconduct of the insured under this provision additional insured or its of this endorsement contin- "employees"; or ues for only the period of h (f) an Subparagraph pdd (g) time required by the written (c) Su not applyto "bodily contract or agreement, but in- in no event beyond the ex- jury", "property damage" or "personal and advertising piration date of this Cover-age Part. If there is no writ- injury" arising out of: ten contract or agreement, 1) The rendering of, or or if no period of time is re- failure to render, any quired by the written con- professional services tract or agreement, a per- by you or on your be- son or organization's status half, but only with re- as an insured under this spect to either or both endorsement ends when of the following opera- your operations for that in- tions: sured are completed. a) Providing engi- (g) For "your work" performed neering, architec- in the "coverage territory" tural or surveying but not in Montana, any services to others; person or organization with and which you have agreed per Paragraph 9.a.(1) above to , b) Providing, or hiring provide insurance, but only independent pro- with respect to liability aris- fessionals to pro- ing out of "your work" per- vide, engineering, Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 13 of 16 architectural or this Coverage Part. The limits of in- surveying services surance are inclusive of and not in in connection with addition to the limits of insurance construction work shown in the Declarations. you perform. c. SECTION IV - COMMERCIAL GEN- 2) Subject to Paragraph ERAL LIABILITY CONDITIONS is 3) below, professional hereby amended as follows: services include: (1) Condition 5. Other Insurance is a) Preparing, ap- amended to include: proving, or failing (a) Where required by a written to prepare or ap- contract or agreement, this prove, maps, shop insurance is primary and / drawings, opin-sror noncontributory as re- ions, reports, sur- spects any other insurance sur- veys, field orders,r policy issued to the addi- drawingsdha orders, tional insured, and such andd other insurance policy shall specifications; and be excess and/or noncon- b) Supervisory or in- tributing, whichever applies, spection activities with this insurance. performed as part (b) Any insurance provided by c a any related ar- this endorsement shall be gineering activi- primary to other insurance or en- available to the additional ties. insured except: 3) Professional services 1) As otherwise provided do not include services in SECTION IV - within construction COMMERCIAL GEN- means, methods, tech- ERAL LIABILITY piques, sequences and CONDITIONS, 5. Other procedures employed Insurance, b. Excess by you in connection Insurance;or with construction work you perform. 2) For any other valid and (d) Subparagraphs (f) and (g) collectible insurance do not apply to "bodily in- available to the addi- jury" or "property damage" tional insured as an arising out of"your work" for additional insured by which a consolidated (wrap- attachment of an en- up) insurance program has dorsement to another been provided by the prime insurance policy that is contractor / project man- written on an excess ager or owner of the con- basis. In such case,the struction project in which coverage provided un- you are involved. der this endorsement shall also be excess. b. Only with regard to insurance pro- vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraphs (f) and (g) above, SEC- Agreement is hereby added: TION III-LIMITS OF INSURANCE is 11. Conformance to Specific amended to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the a. With respect to addi- written contract or agreement or in tional insureds de- the Declarations of this Coverage scribed in Paragraph Part, whichever are less. If no limits )(f) above only: are specified in the written contract or agreement, or if there is no written If a written contract or contract or agreement, the limits ap- agreement between plicable to the additional insured are you and the additional those specified in the Declarations of insured specifies that Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission. Page 14 of 16 coverage for the addi- and where the limits or R` tional insured: coverage provided to . the additional insured is (1) Be provided by the more restrictive than Insurance Serv- was specifically re- ices Office addi- quired in that written tional insured form contract or agreement, number CG 32 87, the terms of Para- CG 21 78 or CG graphs 9.a.(3)(a), 32 90; or 9.a.(3)(b) or 9.b. (2) Include coverage above, or any combi- nation thereof, shall be for o completed interpreted as providing orthe limits or coverage (3) Include coverage required by the terms for"your work"; of the written contract or agreement, but only and where the limits or to the extent that such coverage provided to limits or coverage is in- the additional insured is cluded within the terms more restrictive than of the Coverage Part to was specifically re- which this endorse- quired in that written ment is attached. If, contract or agreement, however, the written the terms of Para- contract or agreement graphs 9.a.(3)(a) or specifies the Insurance 9.b. above, or any Services Office addi- combination thereof, tional insured form shall be interpreted as number CG 20 10 but providing the limits or does not specify which coverage required by edition, or specifies an the terms of the written edition that does not contract or agreement, exist, Paragraphs but only to the extent 9.a.3.b. and 9.b. of this that such limits or coy- endorsement shall not erage is included within apply and Paragraph the terms of the Cover- 9.a.(3)(a) of this en- age Part to which this dorsement shall apply. endorsement is at- tached. 10. Broadened Contractual Liability - Work Within 50'of Railroad Property b. With respect to addi- tional insureds de- It is hereby agreed that Paragraph f.(1) of scribed in Paragraph Definition 12. "Insured contract" (SEC- 9.a.(2)(g) above only: TION V-DEFINITIONS) is deleted. If a written contract or 11. Property Damage to Borrowed Equip- agreement between ment you and the additional a. The following is hereby added to Ex- insured specifies that elusion j. Damage to Property of coverage for the addi- Paragraph 2., Exclusions of SEC- tional insured: TION I - COVERAGES, COVERAGE a. Be provided by the A. BODILY INJURY AND PROP- Insurance Serv- ERTY DAMAGE LIABILITY: ices Office addi- Paragraphs (3) and (4) of this exclu- tional insured form sion do not apply to tools or equip- number CG 20 10 ment loaned to you, provided they or CG 20 37 are not being used to perform opera- (where edition tions at the time of loss. specified); or b. Include coverage b. With respect to the insurance pro- op- vided by this section of the en- for forerations;completedor dorsement, the following additional provisions apply: c. Include coverage for "your work"; Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 15 of 16 • (1) The Limits of insurance shown reimburse us for such part in the Declarations are replaced of the deductible amount as • by the limits designated in Sec- has been paid by us. tion B. Limits of Insurance, 11. 12. Employees as Insureds - Specified of this endorsement with respect to coverage provided by this Health Care Services endorsement. These limits are It is hereby agreed that Paragraph inclusive of and not in addition to 2.a.(1)(d) of SECTION II - WHO IS AN the limits being replaced. The INSURED, does not apply to your "em- Limits of Insurance shown in ployees" who provide professional health Section B. Limits of Insurance, care services on your behalf as duly li- 11. of this endorsement fix the tensed: most we will pay in any one "oc- currence" regardless of the a. Nurses; number of: b. Emergency Medical Technicians;or (a) Insureds; c. Paramedics, (b) Claims made or "suits" brought; or in the jurisdiction where an "occurrence" or offense to which this insurance applies (c) Persons or organizations takes place. making claims or bring suits . 13. Broadened Notice of Occurrence (2) Deductible Clause Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, (a) Our obligation to pay dam- Claim or Suit (SECTION IV - COMMER- ages on your behalf applies CIAL GENERAL LIABILITY CONDI- only to the amount of dam- TIONS) is hereby deleted and replaced ages for each "occurrence" by the following: which are in excess of the Deductible amount stated in a. You must see to it that we are noti- Section B. Limits of Insur- fied as soon as practicable of an ance, 11. of this endorse- "occurrence" or an offense which ment. The limits of insur- may result in a claim. To the extent ance will not be reduced by possible, notice should include: the application of such De- (1) How, when and where the "oc- ductible amount. currence" or offense took place; (b) Condition 2. Duties in the (2) The names and addresses of Event of Occurrence, Of- any injured persons and wit- fense, Claim or Suit, ap-; nesses; and plies to each claim or suit irrespective of the amount. (3) The nature and location of any apart or all injury or damage arising out of (c) We may pay any the "occurrence" or offense. of the deductible amount to effect settlement of any This requirement applies only when claim or "suit" and, upon the "occurrence" or offense is known notification of the action to an "authorized representative". taken, you shall promptly Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 16 of 16