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12-22 Project MS1203 Transportation Systems (2)
CONTRACTBOND CONTRACT NO 12-22 BOND NO 58689615 BOND 1Y) CITY OF AUBURN, WASHINGTON KNOW ALi MEN BY THE'SC: PRESENTS That we, the undersigned, Transportation Systems, hie, 3218 142"`t Ave East, Sumner WA. 98390 as principal, and Western Surety Company a corporation, organized and existing under the laws of the State of South Dakota as a surety corporation, and qualified under the laws of the State of Washington to become surety Upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of twenty-six thousand, fbur hundred and fifty-six dollars($26,456,00), for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrator:~ or personal representatives as the case may be This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn, Washington. Dated at Auburn. Washington, this 7th day of January 20 13 Nevertheless, the conditions of the above obligation are such that. WHEREAS. the City of Auburn on the 21st clay of December, 2012 let to the above bounden principal it certain Contract. The said Contract being numbered 12-22 and providing for the construction ol'Project No. MS1203, 15'h St SW& West Valley Highway Signal #128 Repairs(which Contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, or is about to accept, the said Contract. and undertake to perform the work therein provided for in the manner and within the time set Borth: NOW, THEREFORE, if the above hOltrklell principal shall faithfully and truly observed and comply with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and tilly do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereaRer by made, and within the time prescrihed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from anv loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work, and shall in all respects faithfully perform said Contract according to law,and shall indemnify and hold the City of Auburn. Washington, harmless from any damage or expense by reason of huilure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract, PROVIDED that this document shall not be enlbrccable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above-referenced contract, shall he enforceable until the City of Auburn has c:Xccuted the contract to the undersigned principal. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase: however not to exceed twenty— live percent (25%)of the original amount of this bond without the consent of the Surety PROVIDED, however, that after the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent (10%) of the value of the improvements to the City or two thousand dollars ($2.000), whichever is greater to warranty against defects uppcaring or developing in the material or workmanship provided or perlbruted under (his Contract within a period ofone(1) year alter acceptance Not withstanding the redaction of this bond, the principal and surely shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within it period of one (1) year after acceptance, TI-IIiN and in that event this obligation shall be void: but otherwise it shall he and remain in till force and effect. It is hereby expressly agreed that if any legal action is necessary to be broltghl under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be bincline. IN wITNESS WHEREOF, the above-bounden parties have executed this instrument this 7th day of January 20 13 1'ran ortation Systems, Inc, Principal Western Surety Company SHrety By Regah Hupf n -yin •act MCM 206-343-2323 r 1325 Fourth Avenue, Suite 2100 Seattle WA 98101 Resident Agent's Address C Phone Number Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY a South Dakota corporation,is a duty organized and existing corporation having its principal office in the City of Sioux Falls,and Slate of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Don Bacic, Maria Moss, Marilyn Larson, Brian Daniels, Brian O'Neil, Regan Hupf, Individually of Seattle,WA,its We and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the wLs of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on ibis 14th day of September,2012. ,wrrr� WESTERN SURETY COMPANY ��o VOAq�i"i �M ,fPaul T.Brufiat,Vice President State of South Dakota l )j County of Mmnehaha as On this 14th day of September,2012,before me personally came Paul T Bruflat,to me known,who,being by me duly swam,did depose and say. that he resides in the City of Sioux Falls, State of South Dakota,that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above mstrwnent;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR • J.MOHR June 23,2015 f aEA� NMAW PUBLIC aEAI { SOUTH DAI(ank 5♦...,w..,w+.wnwwwwwv.w,�3� J.Mohr,Notary Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the mid corporation this_���day of 7SG`t04n,M , 20\3 pu"ETM:o♦♦♦♦ WESTERN SURETY COMPANY oFV0A9t�b� (Z)y Form F4280-7-2012 L.Nelson,Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary and Assistant Secretary Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. t ^-r Page 1 of 2 Search > WESTERN SURETY COMPANY _ WESTERN SURETY COMPANY General I Contact I Licensing I Appointments I Complaints I Orders I National Info I Ratings Back to Search General information Contact information Name:WESTERN SURETY COMPANY Registered address Mailing address Corporate family group:CNA INS GRP what IsthlO 101 S REID ST 333 S WABASH AVE Organization type:PROPERTY SIOUX FALLS, SO 57103 CHICAGO, IL 60604 WAOIC: 1446 Telephone Telephone NAIC: 13188 605-336-0850 Unavailable status:ACTIVE Admitted date: 07/22/1958 Ownership type:STOCK ti back to top Types of coverage authorized to sell what is this? Insurance types Casualty Marine Property Surety Vehicle back to top Agents and agencies that represent this company(Appointments) what is this? View agents View agencies T back to top Company complaint history what is this? View complaints T back to top Disciplinary orders 2008-2013 whatisthis? No disciplinary orders are found Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. 'f back to top National information on insurance companies Want more information about this company?The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. T back to top Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability Some of these companies charge for their services. A.M. Best http://www.insurance.wa.gov/consumertool kit/Company/CompanyProfile.aspx?WAOIC= 1/14/2013 A.M. Best's Consumer Insurance Information Center Page 1 of 2 A.M. Best's jr-jin-sy lc : s ,Needlboverage?i ;How�DO.eSyourd`I_nsureriRate2' 1Stateilnsurenceilrifoirmationl -Find,insurers by,state'or �I Erite�:a'Company Namec J :O elects Stat e— _ 'coverage type. , -' (ConsumerrHomel l Tetms;to.Know,I Why:a'Best's:kating,is;Irnpo5 anf l'Contact Life&Retirement Health&Disability l0 Car&Home 0 Other Life Events Western Surety Company tat Print thisoace (a member of CNA Insurance Companies) A.M.Best#:00974 NAIC# 13188 FEIN# 46-0204900 Address: 333 South Wabash Avenue Phone:605-336-0850 Floor 22 Fax: 605-330-7416 Chicago, IL 60604 Web: www cnasuretv.com UNITED STATES Best's Ratings View Definition Need More Financial Strength Rating: A r information? Outlook: Stable Purchase an insurer report, complete with rating history, Effective Date: January 11, 2013 (Affirmed ) market share and a list of Financial Size Category XII ($1.00 Billion to $1.25 Billion) ce- competitive insurers for$ 9 95. View Sample Report Licensing: Information Is not currently available. Top Line(s) of Business (based upon Direct Premiums Written) 1 Surety (View Definition) 2. Fidelity (View Definition) 3. Other Liability (Occurrence) (View Definition) 4. Other Liability (Claims-made) Mew Definition) 5. Burglary and Theft(view Definition) Top State(s)of Business (based upon Direct Premiums Written) 1 California 2. New York 3. Florida 4. Texas 5. Massachusetts Visit our News Room for the latest News and Press Releases for this company and its A.M. Best Group. Terms of Use All information provided on the A.M.Best website,including but not limited to text,data,ratings,reports,images,photos,graphics,and charts is owned by or licensed to A.M.Best Company and is protected by United Stales copyright laws and international treaty provisions A.M.Best and its licensors retain all copyright and other proprietary rights to the website content. Best's Credit Ratings,obtained through any source,may not be reproduced,distributed to Third Parties,or stored in a database or retrieval system in any form for commercial purposes without the prior written permission of the A M Best Company.All unauthorized use of Best's Credit Ratinos or other oublished information is strictly prohibited.By loamna into Best's Member Center or accessing this site you accent and http://www3.ambest.com/Consumers/CompanyProfile.aspx?BL=36&ambnum=000974&P 1/14/2013 Av bP CERTIFICATE OF LIABILITY INSURANCE D01/07 OOI13 01/07/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WAR712152 1-206-343-2323 CONTACT NAME' Eacic Group, LLC dba MCM PHONE FAX Basic Pacific Insurance Services, LLC #OP82099 N AIC No) 1325 Fourth Avenue, Suite 2100 E-MAIL ADDRESS: Seattle, WA 98101 INSURERS AFFORDING COVERAGE NAIC It INSURERA. CONTINENTAL WESTERN INS CO 10804 INSURED INSURER B. Transportation System- Inc. INSURER C. 3218 142nd Ave E INSURER INSURER E Sumner WA 98390 INSURER F COVERAGES CERTIFICATE NUMBER: 31437265 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. ILTIt TYPE OF INSURANCE ADDLISUBR POLICY NUMBER MMIIDDDYIYYYY MMIDDTYYYY LIMITS • GENERAL LIABILITY X X CWP293586122 09/19/12 09/19/13 EACHOCCURRENCE _$ 1,000,000 X DAMAGE TO RENTED 100,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea ocrusence S CLAIMS-MADE FTI OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000 000 X WA Stop Gap GENERAL AGGREGATE $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 2.000,000 POLICY F-' PRO-7 LOC $ • NUTOMOBILE LIABILITY X CWP293586122 09/19/1, COMBINED tSINGLE LIMIT 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per acadent) S AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per acodent Comp $1,0,@t Coll $1,00 $ A X UMBRELLA LIAB OCCUR CU293586221 09/19/1 09/19/13 EACH OCCURRENCE $ 4,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE S 4,000,000 DED RETENTION$ $ OTH- WORKERS COMPENSATION WC STATU- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE❑ NIA E L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE EA EMPLOYEE S If ee.descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required) TSI pW12-0279 15th St SW & West Valley Highway Signal Repair Project Per the attached the following are additional insured - ongoing & completed operations, primary & noncontributory waiver of subrogation applies, per project aggregate applies City of Auburn CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Auburn THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 25 W Main St AUTHORIZED REPRESENTATIVE � Auburn, WA 98001 USA 13-V\-V\ Orilill ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD rachelmercer 31437265 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I —COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,0001or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1 The last paragraph of SECTION I—COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to your or temporarily occupied by you with permission of the owner A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE 2. Paragraph 6. of SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 6. above, the greater of: a. $300,000 or b. the Damage To Premises Rented To You Limit shown in the Declarations, is the most we will pay under COVERAGE A for damages because of 'property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner 4. Paragraph 9.a. of SECTION V—DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an 'insured contract' C. LIMITED NON-OWNED WATERCRAFT 1 Paragraph g.(2) of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc with its permission b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I—SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: 1 The limit of insurance in paragraph 1.b. is increased from$250 to$2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to$500. E. AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: e. Any person or organization described below when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However this insurance does not apply to any 'Occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury"or"property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1 "Bodily injury" or "property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, 2. Any express warranty unauthorized by you, 3. Any physical or chemical change in the product made intentionally by the vendor 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc with its permission 7 Products which, after distribution or sale by you, have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. (4) State Or Political Subdivision — Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy F BROADENED NAMED INSURED—NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II -WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However, a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier b. COVERAGE A does not apply to "bodily injury" or "property damage' that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to 'personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III — LIMITS OF INSURANCE applies separately to each of your 1. Projects away from premises owned by or rented to you. 2. 'Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway waterway or right-of-way of a railroad. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS. e. A report of an"occurrence", offense, claim or 'suit"to: (1) You, if you are an individual, (2) A partner if you are a partnership, CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc with its permission (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the"occurrence offense, claim, or"suit" as soon as practicable. f. We are considered on notice of an "occurrence' offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or 'suit"for which there is coverage under this policy However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy J. MENTAL ANGUISH Paragraph 3.of SECTION V—DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury' means bodily injury sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury' or "property damage' arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard" However our rights may only be waived prior to the occurrence giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. L. OTHERINSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY(DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V — DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of$5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc with its permission The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments — Coverages A and B do not apply to non-employment discrimination coverage N. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS OR OTHERS—AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to 'bodily injury" "property damage" or 'personal and advertising injury" is caused, in whole or in part, by a. Your acts or omissions, or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. This insurance does not apply to "bodily injury" "property damage "personal and advertising injury" included within the"products-completed operations hazard" This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to 'bodily injury" 'property damage" or "personal and advertising injury" arising out of: 1 The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer architect or surveyor, and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2 Subject to Paragraph 3. below professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury"or"property damage"occurring after- 1 All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc with its permission 2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same protect. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — ONGOING OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc with its permission THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one "occurrence" for "property damage' to borrowed equipment is $15,000. This limit of insurance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or 'suits" brought; or c. Persons or organizations making claims or bringing"suits 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicable to "property damage as the result of any one 'occurrence' regardless of the number of persons or organizations who sustain damages because of that 'occurrence" b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence claim, or 'suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1 For all sums which the insured becomes legally obligated to pay as damages caused by occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Protect General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury" or"property damage" included in the 'products-completed operations hazard" and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds, (2) Claims made or"suits' brought; or (3) Persons or organizations making claims or bringing 'suits" c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 1 of 4 Office, Inc with its permission d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply However instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences' under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project away from premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Construction Project General Aggregate Limit. 3. When coverage for liability arising out of the 'products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. 4. If the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. C. LIMITED JOB SITE POLLUTION 1 Exclusion f. under Section I —Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants", or (b) At or from a storage tank or other container ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the 'pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor Subparagraph (b) does not apply to 'bodily injury" or "property damage" arising out of heat, smoke or fumes from a"hostile fire" (2) Any loss, cost or expense arising out of any, (a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants or CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 2 of 4 Office, Inc with its permission (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of, "pollutants' However this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of 'property damage"that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority 2. With respect to "bodily injury" or 'property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants", a. The "Each Occurrence Limit" shown in the Declarations does not apply b. Paragraph 7 of Limits Of Insurance(Section III) does not apply c. Paragraph 1 of Section III—Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds, (2) Claims made or"suits' brought; or (3) Persons or organizations making claims or bringing"suits" d. The following are added to Section III—Limits Of Insurance: 8. Subject to 2.or 3.above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A, and b. Medical expenses under Coverage C because of "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" is $100,000 aggregate 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injury' sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" D. VOLUNTARY PROPERTY DAMAGE 1 The following is added to Section 1 —COVERAGES: We will pay at your request for 'property damage"to that part of any property a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because 'your work" was incorrectly performed on it. This insurance applies only to 'property damage" to property of others while in your care, custody or control, and arising out of operations away from your insured premises and incidental to your business. Exclusions j.(3),(4),(5) and (6)do not apply to this coverage. This insurance does not apply to "property damage included within the "explosion hazard" the"collapse hazard"or the"underground property damage hazard' 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III—LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 1 Unless a higher limit is shown in the Declarations, the most we will pay in any one 'occurrence"for"property damage"under this endorsement is$15,000 2. Unless a higher limit is shown in the Declarations, the most we will pay for all covered occurrences" during any one policy period is$15,000 Aggregate Limit of Insurance. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 3 of 4 Office, Inc with its permission The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one occurrence" regardless of the number of persons or organizations who sustain damages because of that"occurrence" b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any"suits' seeking those damages; and your duties in the event of an "occurrence" claim, or 'suit' apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our property Any payment made by us shall not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1) Paragraph 4.a. Primary Insurance is deleted. (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V—DEFINITIONS: a. 'Collapse hazard' includes 'structural property damage and any resulting 'property damage to any other property at any time. b. "Explosion hazard' includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) Grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work, or (2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property damage hazard" includes "underground property damage' and any resulting 'property damage"to any other property at any time. e. 'Underground property damage" means "property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property and any apparatus used with them beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 4 of 4 Office, Inc with its permission THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following provides a broad range of coverage in addition to that provided by the basic policy In some instances, a higher limit or broader coverage is available. Should the policy indicate broader coverage or higher limits than provided by this endorsement, the higher limits or broader coverage shall apply A. BROADENED NAMED INSURED those specified in the written con- The Named Insured shown in the Declarations is tract or agreementoor in this cover- amended to include: age form,whichever is less. These limits of insurance are inclusive of Any organization, other than a joint venture, over and,are not`in addition to the Limits which you maintain ownership or majority inter- of Insurance shown in the Declara- est of more than 50%, unless that organization tions. ' , is an 'insured' under any other automobile pol- 4 This insurance applies on a primary icy or would be an 'insured' under such a policy ( ) pp p but for the exhaustion of its Limit of Insurance, required non-contributory basis if that is however required the written contract or agreement. 1 Coverage under this provision is afforded (5) This insurance does not apply only until the 180th day after you acquire or unless the written contract or form the organization or the end of the policy agreement has been executed prior period,whichever is earlier to the 'bodily injury" or property 2. Coverage does not apply to "bodily injury" or damage" "property damage" that occurred before you C. ADDITIONAL INSURED-EMPLOYEES acquired or formed the organization. B. ADDITIONAL INSURED BY CONTRACT OR The following is added to the Section 11— Liability AGREEMENT Coverage, Paragraph A.I. Who Is An Insured Provision: The following is added to.Section II -.Liability Any 'employee" of yours is an "insured" while us- Coverage, Paragraph A.1 ing a covered 'auto" you don't own, hire or borrow d. Any person or organization for whom you in your business or your personal affairs. are performing operations if you•and such D. EXTENDED COVERAGE -BAIL BONDS person or organization have agreed in writ- ing in a contractor agreement that such Section II — Liability Coverage, Paragraph person or organization be added as an addi- A.2.a.(2). is deleted and replaced by the follow- tional insured on your policy ing: (1) Such person or organization is an (2) Up to $3,000 for cost of bail bonds additional insured only with respect (including bonds for related traffic to liability for"bodily injury" or 'prop- law violations) required because of ,erty.damage an 'accident" we cover We do not (a) Caused by an 'accident', and have to furnish these bonds. (b) Resulting from the ownership, E. EXTENDED COVERAGE - LOSS OF EARN- maintenance or use of a cov- ING ered "auto Section II — Liability Coverage, Paragraph (2) A person's or organization's status A.2.a.(4) is deleted and replaced by the follow- as an additional insured exists only ing: while you are performing operations (4) All reasonable expenses incurred by for that additional insured. the "insured' at our request, includ- (3) Section II, Paragraph C. Limits of ing actual loss of earning up to $500 Insurance for person or organization a day because of time off from work. added as additional insured are CW 34 68 01 10 Includes Copyrighted material of Insurance Services Page 1 of 5 Office,Inc. with its permission F FELLOW EMPLOYEE COVERAGE (3) Security deposits not returned by The Fellow Employee Exclusion contained in the lessor, Section II —Liability Coverage does not apply (4) Costs for extended warranties, This coverage is excess over any other collect- Credit Life Insurance, Health, Acci- able insurance. dent or Disability Insurance pur- G. AUTO MEDICAL PAYMENTS COVERAGE - chased with the loan or lease; and INCREASED LIMIT (5) Carry-over balances from previous If the "insured' is wearing a seat belt at the time loans or leases. an "accident" occurs, the LIMIT OF INSUR- K. GLASS DEDUCTIBLE ANCE for AUTOMOBILE MEDICAL PAYMENTS Section III — Physical Damage Coverage, Para- COVERAGE shown in the Declarations will be graph D. is deleted and replaced;by,.the follow- double the limit shown. All other terms and con- ditions applicable to MEDICAL PAYMENTS re- ng: main unchanged. D. DEDUCTIBLE H. COVERAGE EXTENSION AS A CONSE- For each covered 'auto" our obligation to QUENCE OF THEFT OF AN "AUTO" pay for repair, return or replace damaged or 1. Transportation Expense stolen property will be reduced by the appli- cable deductible shown in the Declarations. Section III — Physical Damage Coverage, Any Comprehensive Coverage deductible Paragraph A.4.a. is deleted and replaced by shown in the Declarations does not apply to: the following: 1 'Loss caused by fire or lightning; or a. We will also pay up to $75 per day to a 2. ,'Loss" wheri you elect to patch or repair maximum of $2,500 for temporary glass rather than replace. transportation expense incurred by you because of the total theft of a covered L. EXTENDED :COVERAGE - ELECTRONIC "auto' of the 'private passenger type" EQUIPMENT We will pay only for those covered The following is added to Section III - Physical "autos" for which you carry either Com- Damage Coverage, Paragraph A.4. prehensive or Specified Causes of Loss Coverage. We will pay for temporary c. Physical Damage Coverage on a cov- transportation expenses incurred during ered 'auto also applies to 'loss" to any the period beginning 48 hours after the electronic equipment that receives or theft and ending, regardless of the pol- transmits audio, visual or data signals icy's expiration, when the covered 'auto' and that is not designed solely for the is returned to use or we pay for its reproduction of sound. This coverage 'loss" applies only if the equipment is perma- We will also pay reasonable and neces= nently installed In the covered "auto" at sa expenses to facilitate the return of the time of "loss" or the equipment is �' p removable from a housing unit which is the stolen 'auto' to you. permanently installed in the covered I. EXTENDED COVERAGE-AIRBAGS auto at the time of the 'loss" and such Section III — Physical Damage Coverage, Para- equipment is designed to be solely op- graph B.3.a. does not apply to the unintended erated by use of the power from the discharge of an airbag. Coverage is excess auto's' electrical system, In or upon the covered 'auto over any other collectible insurance or warranty specifically designed to provide coverage. We will pay with respects to a covered J. LEASED OR FINANCED "AUTOS" - PHYSI- "auto" for "loss" to antennas and other CAUDAMAGE COVERAGE accessories necessary for use of the electronic equipment. However this The following is added to Section III — Physical does not include tapes, records or discs. Damage Coverage, Paragraph C. M. EXTENDED COVERAGE - PERSONAL EF- 4. In the event of a total 'loss to a covered FECTS "auto' we will pay any unpaid amount due The following is added to Section III — Physical on the lease or loan for a covered 'auto Damage Coverage, Paragraph AA. less: a. The amount under the Physical Damage d. Physical Damage Coverage on a cov- Coverage section of the policy; and ered "auto" may be extended to "loss"to your personal property or if you are an b. Any individual, the personal property of a (1) Overdue lease/loan payments at the family member that is in the covered time of the 'loss auto' at the time of"loss" (2) Financial penalties imposed under a The most we will pay for any one "loss lease for excessive use, abnormal under this coverage extension is$500. wear and tear or high mileage; CW 34 68 01 10 Includes Copyrighted material of Insurance Services Page 2 Of 5 Office,Inc. with its permission N. TOWING AND LABOR COVERAGE b. Pay in addition to the limit set forth in Section III — Physical Damage Coverage, Para- P 1 above, up to $500 per day not to exceed $3,500 per"loss' for graph A.2. is deleted and replaced by the follow- ing: (1) Any costs or fees associated with If a private passenger type auto' or light truck the"loss"to a hired"auto and "auto" (0-10,000 Lbs. GVW) is provided both (2) Loss of use, provided it is the con- Comprehensive and Collision Coverage, we will sequence of an "accident" for which pay up to $100 for towing and labor costs in- you are legally liable, and as a result curred each time such "auto" is disabled. How- of which a monetary loss is sus- ever, the labor must be performed at the place tained by the leasing or rental con- of disablement. cern. O. EXTENDED COVERAGE - CUSTOMIZED O. RENTAL REIMBURSEMENT COVERAGE FURNISHINGS We will pay for rental reimbursement expenses The following is added to Section III — Physical incurred by you for the rental of an 'auto" be- Damage Coverage, Paragraph A.4. cause of"loss"to a covered 'auto' e. Physical Damage Coverage on a cov- 1 Payment applies in addition to the otherwise ered 'auto' may be extended to 'loss' to applicable amount of each coverage you custom furnishings including, but not have on the covered 'auto':: limited to special carpeting and insula- 2. No deductible applids•to this coverage. tion, height-extending roofs, and custom murals, paintings or other decals or 3. We will•pay only for those expenses incurred graphics. during,the policy,period beginning 24 hours Our limit of liability for loss to custom after the 'loss' and ending, regardless of the furnishings shall be the least of: expiration,date of the policy, with the lesser of the following: (1) Actual cash value of the stolen or a. When the covered 'auto' has been re- damaged property, paired or replaced, or (2) Amount necessary to repair or re- b. When the total amount paid under this place the property, or coverage extension reaches$2,500. (3) $500. 4. Our payment is limited to the lesser of the This coverage extension does not apply following amounts: to electronic equipment. a. Necessary and actual expenses in- P PHYSICAL DAMAGE COVERAGE - HIRED curred. "AUTOS" b. Not more than$75 per day. You may extend the Comprehensive, Specified 5. We will pay up to an additional $300 for the Causes of Loss and Collision coverages pro- reasonable and necessary expenses you in- vided on your owned 'autos' to any "auto" you cur to remove your materials and equipment lease, rent, hire or borrow from someone other from the covered "auto" and replace such than your employees or partners or members of materials and equipment on the rental their households subject to the following: "auto" 1 The most we will'pay,in any one 'loss is the 6. This coverage does not apply while there least of $50,000, the actual cash value of are spare or reserve "autos" available to you the 'auto"or the cost to'repair or replace the for your operations. "auto',ucexcept that such amount will be re- ded by a deductible to be determined as 7 If 'loss' results from the total theft of a cov- follows: ered 'auto" of the "private passenger type", a. Th6�'`deductible shall be equal to the we will pay under this coverage only that amount of the highest deductible shown amount of your rental reimbursement ex- penses which is not already provided for un- fcation for that coverage. In the event der the Physical Damage Coverage Exten- there is no owned 'auto' of the same Sion. classification, the highest deductible for R. DRIVE OTHER CAR COVERAGE any owned 'auto" will apply for that cov- 1 Changes In Liability Coverage erage. b. No deductible will apply to 'loss' caused a. Any 'auto"you don't own, hire or borrow is by fire or lightning. a covered "auto" for Liability Coverage while being used by, 2. Coverage provided under this extension will: (1) You, if you are designated in the a. Be excess over any other collectible Declarations as an individual; insurance; CW 34 68 01 10 Includes Copyrighted material of Insurance Services Page 3 of 5 Office,Inc. with its permission (2) Your partners or members, if you owned private passenger type autos', the are designated in the Declarations deductible shall be $50 for Comprehensive as a partnership or joint venture; Coverage and $100 for Collision Coverage. (3) Your members or managers, if you No deductible will apply to "loss caused by are designated in the Declarations fire or lightning. as a limited liability company; E. Additional Definition (4) Your "executive officers", if you are As used in this section; R. DRIVE OTHER designed in the Declarations as an CAR COVERAGE: organization other than an individ- 'Family member" means a person related to ual, partnership, joint venture or lim- the individual named in R.1.a by blood, mar- ited liability company; and riage or adoption who is a resident of the indi- (5) The spouse of any person named in vidual's household, including, viand or foster R.1.a.1 through R.1.a.(4) while a child. r resident of the same household. S. KNOWLEDGE OF OCCURRENCE except: The following is added,to'Sectiori IV. Business (a) Any "auto" owned by that individ- Auto Conditions, Paragraph A.2. ual or by any member of his or d. Notice of an:"accident";or "loss" will be her household. considered knowledge of yours only if (b) Any 'auto" used by that individual reported to you,rityou are an individual, or his or her spouse while working a partner, an executive officer or an em- in a business of selling, servicing, ployee designated by you to give us repairing or parking 'autos" such notice. 2. Changes In Auto Medical Payments And e. Notice of an "accident" or "loss" to your Uninsured And Underinsured Motorists Workers Compensation insurer for an Coverages event which later develops into a claim The following is added to Who Is An Insured: for which there is coverage under this policy shall be considered notice to us, Any individual named in RA.a and his or her but only if we are notified as soon as "family members' are "insured" while 'occupy- you know that the claim should be ad- ing' or while a pedestrian when being struck dressed by this policy, rather than your by any"auto"you don't own except: Workers Compensation policy Any 'auto" owned by that individual or by any f. Your rights under this policy shall not be "family member" prejudiced if you fail to give us notice of 3. Changes In Physical Damage Coverage an "accident" or "loss", solely due to your reasonable and documented belief Any private passenger type 'auto" you don't that the event is not covered by this pol- own, hire or borrow is a covered "auto';while in icy the care, custody or control of any individual The following is added to Section IV— Busi- named in R.1.a or his or her spouse while a ness Auto Conditions, Paragraph 2.b. resident of the same household except: a. Any "auto" owned by that individual or by (6) Knowledge of the receipt of docu- any member,of his,or her household. be concernin considered dered kl owledge"suit" of b. Any "auto" used by that individual or his or yours only If receipt of such docu- her spouse while working in a business of ments is known to you, if you are an selling, servicing, repairing or parking individual, a partner an executive "autos' officer or an employee designated 4. 'The most we will pay for the total of all dam- by you to forward such documents ages under LIABILITY COVERAGE, AUTO to us. MEDICAL PAYMENTS, UNINSURED MO- T WAIVER OF SUBROGATION BY CONTRACT TORISTS COVERAGE and UNDERIN- OR AGREEMENT SURED'MOTORISTS COVERAGE is the The following is added to Section IV - Business LIMIT OF INSURANCE shown in the Decla- Auto Conditions, Paragraph A.5. rations as applicable to owned "autos 5. Our obligation to pay for, repair return or We waive any right of recovery we may have replace damaged or stolen property under against any "insured" provided coverage under PHYSICAL DAMAGE COVERAGE, will be this endorsement under B. ADDITIONAL IN- educed by a deductible equal to the amount SURED BY CONTRACT OR AGREEMENT, but reduced largest deductible shown for any only as respects 'loss" arising out of the opera- of owned private passenger type "auto ap any tion, maintenance or use of a covered "auto cable to that coverage. If there are no pursuant to the provisions or conditions of the written contract or agreement. CW 34 68 01 10 Includes Copyrighted material of Insurance Services Page 4 of 5 Office,Inc with its permission U. UNINTENTIONAL OMISSIONS V LIBERALIZATION The following is added Section IV - Business If we revise this endorsement to provide greater Auto Conditions, Paragraph B.2. coverage without additional premium charge, we We will not deny coverage under this policy If will automatically provide the additional cover- you fail to disclose all hazards existing as of the age . all endorsement holders as of the day the inception date of the policy, provided such fail- revision is effective in your state. ure is not intentional. :r r� r. CW 34 68 01 10 Includes Copyrighted material of Insurance Services Page 5 of 5 Office, Inc with its permission Page 1 of 2 _Search > WESTERN SURETY COMPANY WESTERN SURETY COMPANY General I Contact I Licensing I Appointments I Complaints I Orders I National Info I Ratings Back to Search General information Contact information Name:WESTERN SURETY COMPANY Registered address Mailing address Corporate family group:CNA INS GRP What isthis7 101 S REID ST 333 S WABASH AVE Organization type: PROPERTY SIOUX FALLS, SD 57103 CHICAGO, IL 60604 WAOIC. 1446 Telephone Telephone NAIC. 13188 605-336-0850 Unavailable status:ACTIVE Admitted date:07/22/1958 Ownership type:STOCK ?back to top Types of coverage authorized to sell what s ths7 Insurance_types Casualty Marine Property Surety Vehicle 1 back to top Agents and agencies that represent this company (Appointments) what.is this? View agents Yiew agencies back to top Company complaint history What is thin View complaints A back to top Disciplinary orders 2008-2013 Whatisthis> No discipl inary orders are found Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. T back to top National information on insurance companies Want more information about this company?The NAIC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. back to top Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability Some of these companies charge for their services. A.M. Best http://www.insurance.wa.gov/consumertoolkit/Company/CompanyProfile.aspx?WAOIC= 1/14/2013 Page 2 of 2 Weiss Group Ratings Standard and Poor's Corp Moody's Investors Service Fitch IBCA, Duff and Phelps Ratings °sack to top http://www.insurance.wa.gov/consumertool kit/Company/CompanyProfile.aspx?WAOIC= 1/14/2013 A.M. Best's Consumer Insurance Information Center Page 1 of 2 n �. al ARMW-,Need(Coverege??� 1How:Doeg�Yourr�^I surer`eRafe? State±Insu�anceJnfofirl n Findiirisurersttiy%ststeor I -, ��,� ,^ _ _ Qt--= �k. Eriter,a.Company:Namet.. ��-.+ _c`overege�yper .�- -. - - _ ? ;Select a�,Stale:T LGortsum_e_Gi Homel1i4Terms,tbjKnow;l f Whyis:Bes_t'siFkahnglis(Importantjj'Coritact Life&Retirement ()Health&Disability Q Car&Home 0 Other Life Events Continental Western Insurance Company All Print this pace (a member of W.R.Berkley Group) AM Best#:00971 NAIC# 10804 FEIN 9:42-0594770 Address: P O. Box 1594 Phone:515-473-3000 Des Moines, IA 50306-1594 Fax: 515-473-3015 UNITED STATES Web: www.cwgins.com Best's Ratings View Definition Need More information? Financial Strength Rating A+ Purchase an Insurer report, Outlook: Stable complete with rating history market share and a list of Effective Date. December 14, 2012 (Affirmed ) ' ' • •_ competitive insurers for$9.95. Financial Size Category X($500 Million to$750 Million) * View Sample Report Licensing: Information is not currently available. Top Line(s) of Business (based upon Direct Premiums Written) 1 Commercial Multiple Peril (View Definition) 2. Auto(Commercial) (View Definition) 3. Workers' Compensation (View Definition) 4. Other Liability (Occurrence)(View Definition) 5. Boiler and Machinery (View Definition) Top State(s)of Business (based upon Direct Premiums Written) 1 Iowa 2. Washington 3. Minnesota 4. Nebraska 5. Kansas Visit our NewsRoom for the latest News and Press Releases for this company and its A.M. Best Group. 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The CONTRACTOR declines to set up an escrow agreement and understands that the City will hold the 5% retainage with no interest until the project is complete, accepted by the City, and all releases and liens have been satisfied Authorized ignature Print oiJType Name Title I - 8-1X43 Date File 13 11 (MS1203) AUBURN * MORE THAN YOU IMAGINED