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16-017.01 Morrison-Maierle: Pines & Mirabeau Intersection CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND MORRISON—MAIERLE,INC. Spokane Valley Contract# 16-017. 01 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and Morrison-Maierle,Inc. mutually agree as follows: 1. Purpose: This Amendment is for the Contract for engineering design services for the Pines Rd & Mirabeau Parkway Intersection Project by and between the Parties, executed by the Parties on January 291,2016 and which terminates on.December 31,2016. Said contract shall be referred to as the"Original Contract" and its terms are hereby incorporated by reference. Total compensation under the Original Contract is not to exceed$31,065. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either as follows, or attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. See Appendix A 4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount 1/29/2016 $31,065.00 Amendment#1 2/23/2016 $ 792.00 Total Amended Compensation $31,857.00 The parties have executed this Amendment to the Original Contract this 1-1 ay of AkArclA ,2016. CITY OF SPOKKANEVALLEY: CONSULTANT: --falikc M krk -131,:411/4047. d erCerVer f;4�- Aannger c,.'I‘v� C� G Its: ic �/rf,�A�%K�l ATTEST: APPROV. : - 0 FORM: I e Christine Bainbridge,City Clerk O'ice G he Ci s.rney 1 APPENDIX"A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total compensation paid from $31,065, to $31,857. Paragraph 3 of the Original Contract is amended to read as follows: City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $31,857 as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra, thither or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore, The City agrees to pay up to $31,857 as full compensation for everything furnished and done under this contract, in accordance with the provisions outlined in the scope of work, as previously and/or presently amended. 2. The Scope of Work, (Exhibit A) of the Original Contract, is hereby amended to include the following additional tasks and/or services: In addition to the scope of work in the January 11, 2016 Consultant Scope and Budget Estimate the Consultant shall design new foundations based on the Allowable Lateral Bearing Pressure information supplied by the City(on or before March 4th). The Consultant shall study optimal foundation locations for the signal and pedestrian signal poles and consult with the Spokane Valley Traffic Engineer on the locations and sizing before proceeding with drafting the plans. After the signal pole locations are approved the Consultant shall also include in the design plans new conduit runs wherever the Spokane Valley Traffic Engineer requests. The 90% design plans and special specifications shall be submitted for review by March 15th,2016. 2 �..41 MORRMAI-01 LDUNCAN '`,��L CERTIFICATE OF LIABILITY INSURANCE DATE(M/2016YY) 1/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the 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: Butte/Deer Lodge Office PHONE 406 494-8000 FAX 406 494-7641 PayneWest Insurance,Inc. (NC.No.Ext):( ) (arc,No):( ) AIL 3475 Monroe Ave. ADDRESS: Butte,MT 59702-0102 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Companies 10677 INSURED INSURER B: Morrison-Maierle,Inc. INSURER C: P.O.Box 6147 INSURER 0: Helena,MT 59604-6147 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 OMITS LTR INSD WVD POUCY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 ✓ CLAIMS-MADE n OCCUR X CPP3669637 12/31/2015 12/31/2016 Maar(Eatoccurrence) $ 500,000 MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 V POLICY n JECT X LOC PRODUCTS-COMP/OP AGG S 2,000, 000 I OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE UMIT (Ea aeddent) s 1,000,000 t/ A X ANY AUTO X CPA3669637 12/31/2015 12/31/2016 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Peraccldent) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS _ AUTOS (Peracddent) S X UMBRELLA UAB X OCCUR _EACH OCCURRENCE S 5,000,000 A EXCESS LIAB CLAIMS-MADE CPP3669637 12/31/2015 12/31/2016 AGGREGATE S 5,000,000 DED X RETENTIONS 0 S WORKERS COMPENSATION PER H TUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTNE n N/A EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE S DEes, IPTIONunder E.LDISEASE-POUCYLIMIT S DESCRIPTION OF OPERATIONS below • DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project Name: Pines Rd&Mirabeau Parkway Intersection Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 East Sprague Avenue Spokane,WA 99206 AUTHORIZED REPRESENTATIVE Q(uc(, °aLtU 2 I ©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 0510 Services Office,Inc.,with its permission. Page 1 of 16 C (Th 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 Liabilityjudgments or settle- Coverage. ments. (1) Insuring Agreement No other obligation or Habil- (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- gently committed in the plies. We will have the right "administration" of your and duty to defend the in "employee benefit pro- sured 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 "suit" knowledge of a claim or that may re- claim or "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- You will be TION III - LIMITS OF deemedouto 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 the "em- claim for dam- ployee benefit pro- ages because gram". of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion;and b) There is no other Any claim arising out of 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 Advertising Injury Damages for which any 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 Failure to Perform aCon- of the insured, from the ap- (c) 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, (d) Insufficiencyof Funds including those imposed 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 n n (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 authori- SECTION I - COVERAGES, proper temporary SUPPLEMENTARY PAY- nation o beadnefit program"ter your MENTS - COVERAGES A AND "employee yodie, but only B also apply to this Coverage. if you only until your PP Y 9 legal representative is ap- b. Who is an Insured pointed. As respects Employee Benefit Liabil- a (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 yen- 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 (b) Claims made or "suits reduced by the amount of brought; this deductible. (c) Persons or organizations (b) The deductible amount making claims or bringing stated in the Declarations applies to all damages "suits"; 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", including damages sustained by amount. such "employee's" dependents (d) We may pay any part or all and beneficiaries,as a result of: of the deductible amount to effect settlement of any (a) An act,error or omission;or 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 in any plan included in the "em- Occurrence, Offense, Claim or ployee benefit program". Suit is deleted in its entirety and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 0510 Services Office,Inc.,with its permission. Page 5 of 16 r---\ ( :} 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 Sharing b. Method of Sha g 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 "suit";and mit contribution by 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 c. No Coverage 'dollars. pro- This insurance shall not 3. Employee benefit loss for grams" means a program cover anyproviding 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; e. Additional Definitions haccident;insurancceet; den- As respects Employee Benefit Li- tal, vision and hearing ability Coverage, SECTION V - plans; and flexible DEFINITIONS is amended as fol- spending accounts; provided that no one lows: other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and such benefitsare made 1. "Administration"means: generally available to a. Providing information to those "employees"who "employees", including satisfy the plan's eligi- their dependents and bility requirements; 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, one grams'; providedtherthan that tan no "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; ployee's" 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- senceb. The failure to effect or programs, in- any insurance cluding military, mater- maintain, or adequate limits of city, family, and civ assis- coverage of insurance, leave; tuition por- including but not limited tationtance apnd healthtranclub to unemployment in- subsi and club surance,social security subsidies. 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 1 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 1 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 suredbsubmit or A. BODILY INJURY AND doeesssubmit 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 b) Rust, corrosion, "temporary worker". fungus, decay, deterioration, hid- 2. Unintentional Failure to Disclose Haz- den or latent Be- ards fect or any quality ty SECTION IV- COMMERCIAL GENERAL inprop - causes itt too daamm- 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 Hing, 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- ing: b. The insurance provided under SEC- TION I - COVERAGES, COVERAGE Includes copyrighted material of Insurance GA 233 MT 0510 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 by or resulting from freez- a. Paragraph 2. is replaced by the fol- ing,unless: lowing: 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- 1) Plumbing, heating, air lowing: 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 0510 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. VoluntaryProperty Damage Cov- 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 nor 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 in- 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; rence" under giving erise makepayment the damage or h for which w this 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 fied 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 0510 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- tional insured under this Cover- (b) Any person or organization age Part by reason of: from which you lease equipment with whom you (a) A written contract or have agreed per Paragraph agreement;or 9.a.(1) above to provide in- reement or con- in- surance. Such person(s) or (b) An oral agreement 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 Currentlyin effect such person(s)or organiza- 1) or tions(s). However, this in- becomes effective surance does not apply to during the policy pe- any "occurrence" which 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 named as an additional in- 9.a.(1) above to provide in- sured under any other pro- surance, but only with re- vision of, or endorsement spect to "bodily injury" or roe damage" arising "property added to, this Coverage "your "which out of products" Part, are disributed 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 0510 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 manufacturer, and b) When liability in- then repackaged cluded within the in the original "products- container; 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 agreed to make or (d) Any state or political subdi- normally under- vision with which you have 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- ues1 This insurance applies for only the period of pP 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- 2) This insurance does quired by the written con- not apply to "bodily in- tract or agreement, a per- jury", "property dam- son or organization's status as an insured under this age" or "personal and endorsement ends h advertising injury" aris- your operations for that nn ing 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 time required by the written (c) Subparagraph (f) and (g) contract or agreement, but do not apply to "bodily in- in no event beyond the ex- jury", "property damage" or piration date of this Cover- "personal and advertising 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. For "your work" performed a) Providing engi- (g) teveering, 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 n (----\ 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 failingt (a) Where required by a written prove, maps, shop preparecontract or agreement, this ainsurance is primary and / drawings, opin- or noncontributory as re- ions, reports, sur-orders, spects any other insurance cht' , field r policy issued to the addi- drawingsdhanorders, tional insured, and such other insurance policy shall specifications;geand 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 chitectural or en- f any related ar- this endorsement shall be gineering activi- primary to other insurance ties, available to the additional insured except: 3) Professional services do not include services 1) A As otherwise SECTION IV provided - within construction COMMERCIAL EN- means, methods, tech- ERAL LIABILITY niques, sequences and CONDITIONS,5.Other procedures employed Insurance, b. Excess by you in connection with construction work Insurance;or 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- tional insured as an juryor "property damage" insured by attachment arising out of"your work" additional for of which a consolidated (wrap- ament en- up) another insurance program has insurance policy that is been provided by the prime sra on an contractor / project man- written In such excesss ager or owner of the con- basis.I providedcase,the struction project in which coverageder this endorsement mun- un- you are involved. shall also be excess. b. Only with regard to insurance pro- vided to an additional insured desig- ConditionndiiWritten Contract to nated under Paragraph 9.a.(2) Sub- Specific ri hereby added: or 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 9.a.(2)(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 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- for completed op- nation thereof, shall be erations;or interpreted as providing the limits or coverage (3) Include coverage required by the terms for"your work"; of the written contract and where the limits or or agreement, but only ndwcoverage or to the extent that such providedlimits 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: icesional insured form Office Codi- Paragraphs (3) and (4) of this exclu- t number CG 20 10 sion do not apply to tools or equip- or CG 20 37 ment loaned to you, provided they (where edition are not being used to perform opera- specified);or tions at the time of loss. b. Include coverage b. With respect to the insurance pro- for completed op- vided by this section of the en- erations;or dorsement, the following additional provisions apply: c. Include coverage for"your work"; Includes copyrighted material of Insurance GA 233 MT 0510 Services Office,Inc.,with its permission. Page 15 of 16 n rm (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. of this endorsement with respect 12. Employees as Insureds - Specified 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 censed: 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- fled 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 We paypart or all injury or damage arising out of (c) may 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 10Services Office,Inc.,with its permission. Page 16 of 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM • This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 04-22-2013 CPA 366 96 37 Named Insured: MORRISON - MAIERLE INC MORRISON-MAIERLE SYSTEMS CORP Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modifiedbythe endorsement. 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- ' surance is replaced by the fdlowing: c. Regardless of the provisions of Para- graph a.above, this Coverage.Form's Li- ability Coverage is primary and we will not seek contribution from any other in- surance for any liability assumed under an "insured contract"that requires liability to be assumed on a primary nonan- tributory basis. AA 417411 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement inodifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effectiVe on the inception date of the policy unless another date is indi- cated beloW: Endorsement Effeative: policy Number: 12-31-2012 CPA 366 96 37 Named Insured: MORRISON MAIERLE INC, MORRISOK-MAIERLE SYSTEMS CORP, MORRISOW-MAIERLE ARIZONA INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended tO include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injUry"or"property damage". AA 4171 11 05