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HomeMy WebLinkAboutCP1304, Transportation Systems Inc 14-12} 0 LA. kk3 CONTRACT Contract No. 14 -12 THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at Auburn, Washington, this ;?rO day of MGrGh , 2015, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and Transportation Systems, Inc., 6917 166`h Avenue East, Sumner, WA 98390, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terns and conditions contained in the Contract Documents entitled "CP1304, 37th Street NW & B Street NW Pre - Signal," which are by this reference incorporated herein and made a part of this Contract, the parties hereto covenant and agree as follows: I. The CONTRACTOR shall do all work and furnish all tools, materials and equipment for Project CP 1304, 37th Street NW & B Street NW Pre- Signal —the construction of installation of a pre - signal and associated improvements at the intersection of 37th Street NW and B Street NW including replacement of the existing traffic signal controller, railroad advanced preemption, installation of a new CCTV system, flashing yellow arrow signal heads and a blank out sign for a total contract value of one hundred sixty -four thousand eight hundred ninety -nine dollars and twenty -five cents ($164,89925) in accordance with and as described in the Contract Documents which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 7 calendar days after the receipt of the dated notification of award and the Contract time shall commence within 5 working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 25 working days of the date on the Notice to Proceed. If said work is not completed within the time specified, the CONTRACTOR agrees to pay liquidated damages to the CITY OF AUBURN, as specified in Section 1 -08.9 (Liquidated Damages) of the Standard Specifications. The CONTRACTOR shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract and every par thereof, except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN. IL The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to employ, and does employ the CONTRACTOR to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to said Contract Documents and the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. l 111. The CONTRACTOR for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full perfonnance of all the covenants herein contained upon by part of the CONTRACTOR. IV. It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the clay and year first hereinabove written. Countersigned: this 2a day of 2015 ATTEST: L't� U� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel 13. I leid, City Attorky CITY OF AUBURN, WASHINGTON By N. y Ffackus, Mayor TRANSP RTATION SYSTEMS, INC. By uthorized Official Signature CONTRACTBOND CONTRACT NO. 14 -12 BOND NO. 58720004 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Transportation Systems, Inc., 6917 166a' Avenue 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 one hundred sixty -four thousand eight hundred ninety -nine dollars and twenty -five cents ($164,899.25), for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators 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 day of N�G1rCZt 2015. Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 2nd day of February, 2015, let to the above bounden principal a certain Contract. The said Contract being numbered 14 -12, and providing for the construction of Project CP 1304, 37th Street NW & B Street NW Pre - Signal - installation of a pre - signal and associated improvements at the intersection of 37th Street NW and B Street NW including replacement of the existing traffic signal controller, railroad advanced preemption, installation of a new CCTV system, flashing yellow arrow signal heads and a blank out sign (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 forth: NOW, THEREFORE, if the above bounden 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 fully 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 hereafter by made, and within the time prescribed 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 any 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 failure 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 enforceable 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 be enforceable until the City of Auburn has executed 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 — five percent (25 %) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that 60 days after the Final Acceptance of this Contract, the expiration of the lien period, and if there are no liens pending, and provided the conditions of the release of Contract Bond as provided in the Contract are met, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above - bounden parties have executed this instrument this 10th day of February _ , 7'15. Tfansportation Systems, Inc., Principal Western Surety Company Surety By -- Regan Hupf`i Almaje ac MCM - 206 - 343 -2323 1325 Fourth Ave, Ste 2100 Seattle, WA 98101 Resident Agent's Address & 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 it duly organized and existing corporation having its principal office in the City of Sioux Falls. and State 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 true and lawful Anorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bond.. 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 acts of said Attorney, pursuant to the authority herchy 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 nn this 291h day of July, 2014. WESTERN SURETY COMPANY aa°wP,EryCO F „lip OpPONy��q'y 4 fizi // aul T. BruFlat, Vice President State 'IF South Dakota s County ul' Minnchaha On this 29th day of July, 2014, before me personally came Paul T. Bruflal, to me known, who, being by me duly sworn, did depose and ..say: that he resides in the City of Sioux Falls. Slate of South Dakota: that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: 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 name thereto pursuant to like authority. and acknowledges same to be Ilse act and deed of said corporation. MyCO III III i, +Sion cxpi I CN i """�""� + J. MOHR 1 NOTARY PUBLIC (RI 2? 2n15 f SEAL SEAL `--�� I�SOUTH DAKOTA Mohr, Notary Public CERTIFICATE L L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is .still in force, and turther certify that the By -Law of the corporatio�nn printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this day ofil7✓1 RiwE . x[1_11. E. o WESTERN SURETY COMPANY e W o eo.v.:: <'�g 3_x.0 aril ;If SA A4 L. Nelson. Assistant Secretary Form F4280A 2012 }} Search > WESTERN SURETY COMPANY Page I of 2 WESTERN SURETY COMPANY General I Contact I Licensing I Appointments I Complaints I Orders I National Info I Ratings I Tax Filings Back to Search General information Name: WESTERN SURETY COMPANY Corporate family group: CNA -INS GRP yma.t_i.sths7 Organization type: PROPERTY W A OIC: 1446 NAIL: 13188 Status: ACTIVE Admitted date: 07/22/1958 Ownership type: STOCK back to [op Contact information Registered address Mailing address 101 S REID ST 333 S WABASH AVE SIOUX FALLS, SO 57103 CHICAGO, IL 60604 Telephone Telephone 605- 336 -0850 Unavailable Types of coverage authorized to sell }y ,, his' Insurance Marine ^ btpk tq, top Agents and agencies that represent this company (Appointments) view agents View agencies back m rap Company complaint history View complaints ^: back to top Disciplinary orders 2008 -2015 No disciplinary orders are round The orders posted here are unverified electronic duplicates of the official orders actually entered. To be certain you have the official version of the order as entered, request a hard copy from Renee Moines at 360 - 725 -7047 or email legal @oic.wa.gov. 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. back to top Premium tax filings by tax year wha.=this? 2013 2012 2.011 2010 http: / /www. insurance .wa.gov /coiisumci-toolkit /Company /CompanyPi-ofile.aSpN ?WAOIC =... 2/20/2015 A.M. Best's Consumer Insurance Information Center Page 1 of 1 A.M. Best's. . -11 TQ pp 4P mp Cppi t" tip —auga Member Center. Loo In l Sinn U2 Need Coverage? How Does Your Insurer Rate? Slate Insurance Information Find insurer by slate o1 coverage type, �� Enter a dompenr Name Soled a Slate Consumer Home I Terms to Kinew I Why a Bests Raong 1s Imponant I Conrad Us Life & Retirement © Health & Disability Q Car & Home Q Other Life Events Western Surety Company 8 Print this pane '. rranvnv aI C. I n—mise C,—.1 aY lam. 009]a N41C.13188 LEIN618 Irs Address: 333 South Wabash Avenue Phone: 3124i22b000 Floor 22 Fax: 312 - 622-6419 Chicago, IL 60604 Web: www.Croo3urety. com UNITED STATES Best's Ratings View Definition Need More information? Financial Strength Rating: A Purchase an insurer report, complete with Outlook: Stable rating history, market share and a list of competitive insurers far S 995. Effective Date: December 16, 2014 (Afftnned) View Sample Report Financial Size Category. XIII ($1.25 Billion to $1.50 Billion) Licensing: The company is licensed in the District Of Columbia, Buono Rico and all states. Top Lines) of Business teasm imam Daad eremams wrmaq I_ surely Mew O'rant. n) 2. Fidelity Mew D,fi laml 3. Other Liability (Occurrence) mew Dennman I 4. Other Liability (Claims -made) Mew ocnm Ibm 1 5. Burglary and Theft mew Bemnte,) Top State(s) of Business Ibasa4 uman oead emmams wmnanl 1. California 2. NOW York 3 Florida 4, Texas 5, Massachusetts Visit our NewsRDpm for the latest News and Press Releases for this company and its A . Best Group. Terms of Use All information provided on the A M. Best webslte, Including but riot limited to levt, data, ratings, reports, images, photos, graphics, and marts is owned by or licensed to A . Best Company and is protected by United States copyright laws and international treaty provisions. A . Best and its licensors retain all copyright and other proprietary rights to the webslte content. 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Bost Wddowide Headquarters, Ambest Read, Oldwick, New Jersey, bell USA. http: / /www3. ambest. com / Consumers/ CompanyProfilc .aspx ?B1.,= 36 &ambnum= 000974 &P... 2/20/2015 N q� °r CERTIFICATE OF LIABILITY INSURANCE 0211 /2OIYYYYI 02/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WA #712152 1- 206 - 343 -2323 MCM Insurance Services. LLC dba MCM sf M Benefits and Insurance Services, LLC, CA Lic #OF82099 1325 Fourth Avenue, Suite 2100 CONTACT NAME: POLICY EFF MMIDDIYYYY PHONE FAX AAIC No E#J: E -MAIL ADDRESS' INSURERS) AFFORDING COVERAGE NAICi Seattle, WA 98101 INSURERA. CONTINENTAL WESTERN INS CO 10804 CWP293586125 INSURED Transportation systems Inc. INSURER B, EACHOCCURRENCE DAMAGETO RENTED PREMISESAEa soccer Ka MED EXP (Any me person) $1,000,000 $ 100,000 $ 5,000 INSURER C • Ded. $1,000.00 INSURER D: 6917 166th Ave E INSURER E: Stunner, WA 98390 INSURER F' • WA Stop Gap CUVERAGES CFRTIFICATF MIIMRFR• 4inn7n77 DCtncrnu ransaDOD. 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 LTR TYPE OFNSURANCE ADOLISUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY I LIMITS A GENERAL LIABILITY • COMMERCIAL GENERAL LIABILITY CI.AIMS-MADE Fx OCCUR X X CWP293586125 09/19/141 09/19/15 EACHOCCURRENCE DAMAGETO RENTED PREMISESAEa soccer Ka MED EXP (Any me person) $1,000,000 $ 100,000 $ 5,000 • Ded. $1,000.00 PERSONAL 6ADV INJURY E 1,000,000 • WA Stop Gap GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY x I PRo- LOC PRODUCTS- COMP /OP AGO $2,000,000 $ • AUTOMOBILE LIABILITY X CWP293586125 09/19/14 09/19/15 COMBINED SINGLE LIMIT (Eeecnderd ) 000,000 x s ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par acddent) $ NON -0WNED HIRED AUTOS AUTOS PROPERTYDAMAGE Peraccident $ X Is comp: s1, 00(t Coll: $1,OOp I • X UMBRELLA LIAB X OCCUR X X C 09/19/14 09/19/15 EACH OCCURRENCE $1 5,000,000 AGGREGATE $ 5, 000, 000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ Is • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYCERIMEETORlEXCLUDEIE %ECUTIVE ❑ OFFICERIMEMBER EXCLUDED? NIA CWP293586125 09/19/1 09/19/151 1 WCSTATU- GTH- TDRY LIMITS E E.L. EACH ACOIDENT g 1, 000, 000 E.L. DISEASE -EA EMPLOYE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION DF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1, 000, 000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As required per written contract, the following is included as an additional insured - primary & non contributory, waiver of subrogation applies umbrella is follow form, per occurence, per the attached forme: City of Auburn UAlNUtLLA I IUN 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 A�..L /`•�""'� I USA © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD rachelmercer 43007077 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 additton 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 (2) A Person's or organization's status The Named Insured shown in 'he Declarations is as an additional insured exists only amended to include: while you are performing operations for that addition@! insured. Any organization, other than a joint venture, over Which you maintain ownership or majority inter- (3) Section II, Paragraph C. Limits of est of more than 50 %, unless that organization Insurance for person or organization is an 'insured" under any other automobile pol- additional insured are added as additthose icy or would be an 'Insured" under such a policy specified In the written con - huf for the exhausfion of its Limit of Insurance, tract or agreement, or in this cover - however; age form, whichever is less. These limits of insurance are inclusive of 1. Coverage under this provision is afforded and are not in addition to the Limits only until the 180th day after you acquire or of Insurance shown in the Declara- form the organization or the end of the policy tions. period, whichever is earlier. (4) This insurance applies on a primary 2. Coverage does not apply to "bodily injury%' or and non - contributory basis if that is "property damage" that occurred before you required by the written contract or acquired or formed the organization. agreement. B. ADDITIONAL INSURED BY CONTRACT OR (5) This insurance does not apply AGREEMENT unless the written contract or The d is added to Section II - Liability agreement has been executed prior "bodily "property rage, Pa Coverage, Paragraph A.1.: to the injury' or ". damage d. Any person or organization for Wrenn you C. ADDITIONAL INSURED - EMPLOYEES are performing operations if you and such person or organization have agreed in writ- Tne following is added to the Section II — Liability ing in a contract or agreement that such Coverage, Paragraph A.1, Who Is An Insured person or organization be added as an addi- Provision: tional insured on your policy. Any "employee" of yours is an "insured" while us- (1) Such person or organization is an ing a covered "auto" you con't own, hire or borrow additional insured only with respect in your business or your personal affairs. to liability for "bodily injury" or "prop- D. EXTENDED COVERAGE - BAIL BONDS erty damage ": Section II — Liability Coverage, Paragraph (a) Caused by an 'accident'. and A.2.a.(2), is deleted and replaced by the follow - (b) Resulting from the ownership, ing: maintenance or use of a cov- (2) Up to $5,000 for cost of bail bonds Bred "auto ". (including bonds for related traffic law violations) required because of an 'accident" we cover. We do not have to furnish these bonds. CW 34 68 0112 Includes CopyT ghled material of Insurance Services Page 1 of 5 Office, Inc., with its permission E. EXTENDED COVERAGE - LOSS OF EARN- J. LEASED OR FINANCED "AUTOS" - PHYSI- ING CAL DAMAGE COVERAGE Section II - Liability Coverage, Paragraph The following is added to Section III - Physical A.2.a.(4) is deleted and replaced by the fellow- Damage Coverage, Paragraph C. ing: 4. In the event of a total "loss' to a covered (4) All reasonab'e expenses incurred by "auto', we will pay any unpaid amount due the "insured` at our request, includ- on the lease or loan for a covered "auto-, ing actual loss of earning up to 5500 less: a day because of time off from work. a. The amount under the Physical Damage F. FELLOW EMPLOYEE COVERAGE Coverage section of the policy; and The Fellow Employee Exclusion contained in J. Any: Section II - Liability Coverage does not apply. (1) Overdue lease /loan payments at the This coverage is excess over any other collect- "loss "; able insurance. time of the G. AUTO MEDICAL PAYMENTS COVERAGE - (2) Financial penalties imposed under a INCREASED LIMIT lease for excessive use, abnormal wear and tear or high mileage; If the "insured" is wearing a seat belt at the time "accident" (3) Security doposits not returned by an occurs, the LIMIT OF INSUR- ANCE for AUTOMOBILE MEDICAL PAYMENTS COVERAGE shown in the Declarations wII be (4) Costs for extended warranties, double the limit shown. All other terms and cor, Credit Life Insurance, Health, Am- dilions applicable to MEDICAL PAYMENTS re- dent or Disability Insurance pur- main unchanged, chased with the can or lease; and H. COVERAGE EXTENSION AS A CONSE- (5) Carry-over balances from previous QUENCE OF THEFT OF AN "AUTO" loans or leases. 1. Transportation Expense K. GLASS DEDUCTIBLE Section III - Physical Damage Coverage, Section III - Physical Damage Coverage, Para - Paragraph AA.a. is deleted and replaced by graph 0. is deleted and replaced by the follow - the following: ing: a. We will also pay up to $75 per day to a D. DEDUCTIBLE maximum of $2,500 for temporary transportation expense incurred by you For each covered `auto" our obligation to because of the total theft of a covered pay nor, repair, return or replace damaged or "auto" of the "private passenger type ". stolen property will be reduced by the appii- We will pay only for those covered cable deductible shown in the Declarations. "autos" for which you carry either Com- Any Comprehensive Coverage deductible prehensive or Specified Causes of Loss shown in the Declarations does not apply to: Coverage. We will pay for temporary 1. "Loss" caused by fire or lightning; or transportation expenses incurred during 2. "Loss' when you elect to patch or repair the period beginning 48 notes after the theft and ending, regardless of the pol- glass rather than replace. icy's expiration, when the covered "auto' L. EXTENDED COVERAGE - ELECTRONIC is returned to use or we pay for its EQUIPMENT "loss ". Paragraph G.2.a. Limits of Insurance of Section We will also pay reasonable ar,d news- III - Physical Damage Coverage is deleted.: sary expenses to facilitate the return of the stolen "auto" to you. We will pay with respects to a covered "auto' for 'loss' to antennas and other accessories neces- l. EXTENDED COVERAGE - AIRBAGS sary for use of the electronic equipment. How - Section III - Physical Damage Coverage, Para- ever, this does not include tapes, records or graph B.3.a. does not apply to the unintended discs. discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 2 of 5 Office. Inc., with its permission M. EXTENDED COVERAGE - PERSONAL EF FECTS The following is added to Section III - Physical Damage Coverage, Paragraph A.4.: d. Physical Damage Coverage on a cov- ered 'aulo' may be extended to "loss" to your personal property or, if you are an individual, the personal property of a family member, that is in the covered "auto" at the time of 'loss'. The most we will pay for any one "loss' under this coverage extension is $500_ N. TOWING AND LABOR COVERAGE P. PHYSICAL DAMAGE COVERAGE - HIRED "AUTOS You may extend the Comorehensive, Specified Causes of Loss and Collision coverages pro- vided on your owned 'autos" to any "auto" you lease, rent, hire or borrow from sorneone other than your employees or partners or members of their households subject to the following: 1. The most we will pay in any one "loss' is the least of S100,000, the actual rash value of the 'auto' or the cost to repair or replace the `auto', except that such amount will be re- duced by a deductible to be determined as follows- Section III - Physical Damage Coverage, Para- a. The deductible shall be equal to the graph A.2. is deleted and repaced by the follow- amount of the highest deductible shown ing: for any owned "auto" of the same classi- If a private type "auto' light truck fication for that coverage. In the event "auto" Lger 'auto" Lbs_ GVW) is ro both there is no owned of the same ,000 henslv00 Comprehensive and Coverage, will Coverage, classification, the highest deductible for 'auto" lowing costs pay up to $150 for towing and labor casts in- any ov ✓ned will apply for that cov- curred each time such 'auto" is disabled. If a erage. medium, heavy or extra -heavy truck or extra- - b. No deductible will apply to "loss" caused heavy Truck - tractor "auto" (greater than 10,000 by fire or lightning. Lbs. GVW) Is provided both Comprehensive and 2. Coverage provided under this extension will: Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such a. Be excess over any other collectible "auto" is disabled. However, the labor must be insurance; performed at the place of disablement. b. pay, in addition to the limit set forth in O. EXTENDED COVERAGE - CUSTOMIZED P.I. above, up to $500 per day, not to FURNISHINGS exceed $3,500 per "loss" for: The following is added to Section III - Physical (1) Any costs or fees associated with Damage Coverage, Paragraph A.4.: the °:oss° to a hired "auto "; and e. Physical Damage Coverage on a cov- (2) Loss of use, provided it is the con - ered "auto' may be extended to "loss" to sequence of an "accident" for which custom furnishings including, but not you are legally liable, and as a result limited to special carpeting and insula- of which a monetary loss is sus - tion, height- extending roofs, and custom tained by the leasing or rental con - murals, paintings, or other decals or cern. graphics, custom sigraga and custom Q. RENTAL REIMBURSEMENT COVERAGE non- factory paint. Our limit of liability for loss to custom We will pay for rental reimbursement expenses furnishings shall be the least of: incurred by you for the rental of an "auto' be- "auto'. cause of "loss" to a covered (1) Actual rash value of the stolen or 1. Payment applies addition to the otherwise damaged property; n applicable amount of each coverage you (2) Amount necessary to repair or re- have on the covered "auto ". place the property; or 2. No deductible applies to this coverage. (3) $1,000 3. We will pay only for those expenses incurred This coverage extension does not apply curing the policy period beglnning 24 hours to electronic equipment. after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following: CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 3 of 5 Office, Inc., w,th its permission a. When the covered 'auto" has been re- paired or replaced, or b. When the total amount paid under this coverage extension reaches $2,500. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred. b. Not more than $75 per day. 5. We will pay up to an additional $300 for the reasonable and necessary expenses you in- cur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto ". 6. This coverage does not apply while there are spare or reserve "autos- available to you for your operations. 7. If 'loss" results from the total theft of a cov- ered "auto' of the "private passenger type ", we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der the Physical Damage Coverage Exten- sion. (b) Any 'auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos ". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An Insured: Any individual named in R.i.a and his or her "family members" are "insured' while "occupy- ing" or while a pedestrian when being struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member'. 3. Changes In Physical Damage Coverage Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while In the care, custody or control of any individual named in RA.a or his or her spouse while a resident of the some household except: a. Any "auto' owned by that individual or by any member of his or her household. b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "au'tos ". R. DRIVE OTHER CAR COVERAGE 4. The most we will pay for the total of all cam 1. Changes In Liability Coverage ages under LIABILITY COVERAGE, AUTO MEDICAL PAYMENTS, UNINSURED MO- a. Any "auto" you cony own, hire or borrow is TORISTS COVERAGE and UNDERIN- a covered "auto" for Liability Coverage SURED MOTORISTS COVERAGE is the while being used by: LIMIT OF INSURANCE- shown in the Dacia- (1) You, if you are designated in the rations as applicable to owned "autos". Declarations as an individual; 5. Our obligation to pay far, repair, return or (2) Your partners or members, if you replace damaged or stolen property under are designated in the Declarations PHYSICAL DAMAGE COVERAGE, will be as a partnership orjoint venture; reduced by a deductible equal to the amount (3) Your members or managers, if you of the largest deductible shown for any owned private 'passenger type "auto" appli- are designated in the Declarations cable to that coverage. If there are no as a limited liability company; owned private passenger type 'autos', the (4) Your "executive officers', if you are deductible shall be $50 for Comprehensive designed in the Declarations as an Coverage and $100 for Collision Coverage. organization ether than an individ- No deductible will apply to 'loss" caused by ual, partnership, joint venture or lim- fire or lightning. ited liability company: and E. Additional Definition (5) The spouse of any person named in As used in this section; R. DRIVE OTHER R.1.a.1. through R.1.a.(4) while a CAR COVERAGE: resident of the same household. "Family member' means a ;arson related to except: the individual named in RA.a by biood, mar - (a) Any "auto" owned by that individ- riage or adoption who is a resident of the indi- ual or by any member of his or vidual's household. including a ward or foster her household. child. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 4 of 5 Office, Inc, with its permission S. KNOWLEDGE OF OCCURRENCE The following is added to Section IV - Business Auto Conditions, Paragraph A.2.: d. Notice of an "accident" or "loss" will be considered knowledge of yours only if reported to you, if you are an individual, a partner, an executive officer or an em- ployee designated by you to give us such notice. e. Notice of an "accident" or 'loss" to your Workers Compensation insurer, for an event which later develops into a claim for which there is coverage under this policy, shall be considered notice to us, but only if we are notified as soon as you know that the claim should be ad- dressed by this policy, rather than your Workers Compensation policy. If. Your rights under this policy shall not be Prejudiced if you fail to give us notice of an "accident" or "loss ", solely due to your reasonable and documented belief that the event is not covered by this pol- icy. The following is added to Section IV - Busi- ness Auto Conditions, Paragraph 2.b.: (6) Knowledge of the receipt of docu- ments concerning a claim or "sull" will be considered knowledge of yours only if receipt of such docu- ments is known to you, if you are an individual, a partner, an executive officer or an employee designated by you to forward such documents to us. T. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Section IV - Business Auto Conditions, Paragraph A.5.: We waive any right of recovery we may have against any "insured" provided coverage under this endorsement under B., ADDITIONAL IN- SURED BY CONTRACT OR AGREEMENT, but only as respects 'loss" arising out of the opera- tion, maintenance or use of a covered "auto" pursuant to the provisions or conditions of the written contract or agreement. U. UNINTENTIONAL OMISSIONS The following is added Section IV - Business Auto Conditions, Paragraph B.2.: We will not deny coverage under this policy If you fail to disclose all hazards existing as of the inception date o` the policy, provided such iail- ure Is not intentional. V LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge. we will automatically provide the additional cover- age to all endorsement holders as of the cay the revision is effective in your state. CAP 34 68 01 12 Includes Copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON - CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured to your policy, but only with respect to "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; for that additional insured and included in the "products- completed operations hazard " - B. 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. C. 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 products - completed operations. D. 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 — COMPLETED OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON - CONTRIBUTORY will be on a primary basis CL CG 20 48 01 12 Includes Copyrighted material of Insurance Services Page 1 of 1 Office, Inc with its permission POLICY NUMBER: CWP293555125 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations Of Covered Operations City of Auburn 37th St N. 6 H St NW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY CL CG 00 13 08 13 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. $10,000; or 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 you ortemporafily 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 5. 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 "; CL CG 00 13 08 13 Includes mpyrighted material of Insurance Services Page 1 of 6 Office, Inc. with its permission 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 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 persons) or oFganization(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 doesmot 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; CL ;CG 0013 0813 Includes copyrighted material of Insurance services Page 2 of 6 Ofrice,.lnc. vrith its permission 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; 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 theTallowing 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 premise's, you own, rent, or control and to which this insurance applies: (a) Thee - xistence, maintenance, repair, construction, ere_ ction, 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 thistinsurance 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 contractor agreement whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown iinihebeclarations. When required by, virtue of a written contract or agreement, coverage provided to any,addilional 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 561/o 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 dayiafter,,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 A 9 Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of youe. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 3 Of.6 Office, Inc. with its permission 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 astreet, roadway, waterway or right -of -way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then paragraph G. Aggregate Limits of Insurance of this endorsement does not apply. 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, (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 makefor "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. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc. with its permission Paragraph K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to'this policy. L. OTHER INSURANCE 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. The most•we will pay for all damages for non - employment discrimination is $15,000 annual aggregate. No other liability to pay sum's 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. Such person'or organization is an additional insured: only With respect to liability for "bodllyinjury, "property damage" or "personal and advertising injury" caused by your ongoing.operatlons' for the additional insured and only to'the extent thatlsuch "bodily injury ", "property, damage ", or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This Insuranceidoes 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 ao the Limits Of Insurance shown in the Declarations - 3. Exclusions A. 'With respectao 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: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 5 of 6 Once, Inc. vnth its permission 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 Mailing 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 bel performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arise's 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 (he same project. 4. Primary Non - Contributory When required byvirtue 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 insureed's policy. CL CG 00 13 08 13 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 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 Project 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 M3),(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 Page 1 of 2 h Search > CONTINENTAL WESTERN INSURANCE COMPANY CONTINENTAL WESTERN INSURANCE COMPANY General I Contact I Licensing I Appointments I Complaints I Orders I National InF_o I Ratings I Tax Filings Back [o Search General information Contact information Name: CONTINENTAL WESTERN INSURANCE COMPANY Registered Mailing address Corporate family group: WR BERKLEY-CORP GRP wnat,z address 11201 DOUGLAS AVE Organization t 11201 DOUGLAS URBANDALE, IA 50322 g type: PROPERTY URBANDALE, IA 50322 WAOIC: 116648 NAIC: 10804 Status: ACTIVE Admitted date: 08/23/1995 Ownership type: STOCK ° back to,.rop Telephone Telephone 800 -235 -2942 800- 235 -2942 Types of coverage authorized to sell Insurance types Casualty Marine Property Surety Vehicle ? back totop Agents and agencies that represent this company (Appointments) View agents View agencies ^ tack o.[op Company complaint history Whrt,.tn=> View complaints ° backto top Disciplinary orders 2008 -2015 ,vhat_=«_, Year Order Number 2010 10 -0156 The orders posted here are unverified electronic duplicates of the official orders actually entered. To be certain you have the official version of the order as entered, request a hard copy from Renee Moines at 360 - 725 -7047 or email legal @oic.wa.gov. 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. bz<glo t% http: / /www. insurance .wa.gov /consumertoo I k it/ Company /ConlpaiiyPro1 i le.aspx? WA01 C =... 2/20/2015 A.M. Best's Consumer Insurance Information Center Page I of I A... M.. Best's �}Q�,eL /±p (,lQLf♦ `.m'�Sr�114�,�C� •�S`3R�q��+s&Y MX'Ll,Ce6 iii Member Center '.. Need Coverage? How Does Your Insurer Rate? State Insurance Information Find Insurers by state of ocandage type. Emera company Name Ir�pr, SeleUe Stole Consumer —Home I Terms a Koow I Vary a Bests Raging is Imponam contact Us Q Life & Reltrement © Health & Disability Q Car& Home O Other Life Events Continental Western Insurance Company iA Pa.[ his oape P ins. cow R. eenay Is..—ei AM. Beal, Weil N4Kr 10se FEIN* 42-0594770 Address: P.O. Box 1594 Phone: 515- 473 -3000 Des Moines, IA 50306-1594 Fex: 5154733015 UNITED STATES Wee: www mains corn Best's Ratings View Definition Need More information? Financial Strength Rating: Ae Pub as insurer report, complete with Outlook. Stable rating history, market share and a list of Effective Date. January 22, 2016 (Affirmed) competitive insurers for $ 9 95. Financial Size Category: %V ($2 Billion or greater) View Sample Reopen Licensing: The company is licensed in the District of Columbia, AL, AK, AZ, AR, CO, CT, DE, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, Mi, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, SC. SO, TN, T%, UT, VT, VA, WA, M. WI aM M. Top Line(s) of Business I.. econ Deedarere —w+c.p 1. Commercial Multiple Peril Mew Denmknl 2. Auto (Commercial) K. bell 3. Workers'Compensalion Mew Cordon I 4. Other Liability (Occurrence) New Diner nn 5. 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