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Agreements/Contracts - Sheriff & Jail
GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Sheriff's Office REQUEST SUBMITTED BY: J. Sainsbury CONTACT PERSON ATTENDING ROUNDTABLE: J. Sainsbury CONFIDENTIAL INFORMATION: ❑YES 7m NO onre:6/26/24 PHONE:509-750-7306 I rd U fi!i�lj L km!j M. --j L I I a 1:40 NM11:141 Ly 4 NMI F." T UU Fm -]Agreement / Contract -1 ❑AP Vouchers ❑Appointment / Reappointment ❑ABPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget El Computer Related ❑County Code ❑Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel ❑Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant ❑ Support Letter [:]Surplus Re . q ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB m1m:6-11 A sm Execution of Warrant of Abatement contract with Groat Brothers Inc. The contract is to get the Engle property south of Mattawa clean up. The bid came in about $8,000 below the estimated cost. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO ❑ N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: � d DEFERRED OR CONTINUED TO: WITHDRAWN: APPROVE: DENIED ABSTAIN D1: REu I EU D3: JUN 2 7 2024 4/23/24 OA OOl..if� OOMII`10R .9[Ai64�Ya'..C�6f3[•x�=T^T6�YsEJ` K24-167 CONTRACT Execution of Warrant of Abatement "Property Abatement GCSO 2024- RFB001 THIS CONTRACT(4'Contract"),enteredintobyandbetweenGRANTCOUNTY�dulyorganiz edandoperat'ingunderandbyvirtueoftheConstitutionandthelawsof the State of Washington, ("County"), and Groat Brothers, ' Inc., duly formed and doing business in the State of Washington(" Contractor"). In consideration of the mutual promises and covenants contained herein, the partieshereto agree asfollows: Work- of Contract/Scope of Work# The Grant County Prosecuting Attorney's Office (PAG), acting on behalf of the Grant County Sheriff, obtained a. Warrant of Abatement for real property identified as 30458 SR 243 S, Mattawa, WA 99349, further identified as Assessor Parcel Number 1507-69000. The subject property has been found by a court of competent jurisdiction to exist in a state inconsistent with adopted County code and constitutes a public nuisance requiring abatement. Specifically, the Warrant of Abatement requires: A. Secure the Premises: the property at 30458 SR 243 S, Mattawa, WA 99349, Washington may, at the discretion of the County, be secured to prevent further illegal or nuisance use; B. Remove all litter and rubbish: Grant County, through its Offices, agents or contractors, shall abate, remove, and properly dispose of all refuse, rubbish and junk, including junk vehicles, left on or about the property, 'including the removal and impoundment of all vehicles, trailers, fifth -wheels, or motorhomes not immediately removed from the premises. Grant County shall also demolish and remove any structures that are unsafe and/or do not meet Grant County Code requirements. C. Inspection and visits- Grant County, shall enter and inspect the property located at 30458 SR 243 S, Mattawa, WA 99349, Washington at any time after issuance of this warrant for substandard condition, code violations, environmental or health hazards, or any condition relating to the safety of the property. County may also enter and 'inspect the property during daylight hours to document conditions, conduct bidding visits, inventory property as necessary and for any other reasonable purpose to prepare to safely abate the nuisance. D. Junk Vehicles: This Warrant of Abatement for 30458 SR 243 S, Mattawa, WA 99349, shall any junk vehicle and the abatement of the public nuisance shall serve in lieu of title(s) f or Property Abatement GCSO 2024-RFBOOt Contract Paget consist of removing, destroying, and disposing of any vehicle or parts thereof and stored at the Subject Property. E. Accounting: The County, its agents, or contractors, shall maintain an accurate accounting of the expense of executing this warrant. Said expenses shall be filed with the County and, upon application, reduced to judgment against the Defendant. The prime contractor is responsible for executing the scope of the warrant outlined above at the direction of Grant County. 411 materials removed from the subject property must be responsibly disposed of at a permitted refuse location or recycling facility. Documentation of appropriate disposal must be supplied to the County. The contractor shall provide all material, labor, equipment, tools, supervision, and whatever else is necessary to accomplish the contracted work. Theterm"worl�"shallmeanallworkindividuallyandlorcollectivelyperformedbytheContractor during theproject. 1. ProiectSites-Theworl.-,shallbeaccomplishedupontherealproperty'commonlyknownand situatedonorabout30458 SR 243 S, Mattawa, WA 99349. 2. DateofCommencementandDateofComple.tion.TheContractorshallcommencethework described herein upon receiving notice to proceed .from the County. Substantial completion ofthe work shall occur on or before August 23, 2024, or at such other time as may be mutually agreed uponbytheparties.Inanyevent,Contractorshallnotcommenceworl..-,unt'l'lnoticetoproceed has been provided by the County. 3. ContraQtSumandTerms.TheagreedContractsum and with payment of such Contract Sum subj ect to provisions set forth below in Paragraphs7, 8and I I and/oranyotherprovisioncontainedwithintheContractwhich-rnayaffectsuch Contract Sum to be paid to Contractor and the timeframe for the County to pay the amount to Contractor,, is asfollows: -Subtotal $75!1000.00 Washington State Sales Tax $ 6,150.00 Total $81,150.00 -Bond $ 4,057.50 TheContractsum shallbe$81,150.00includingallapplicabletaxesanyadditionalcostsresultingfromjurisdictionaI requirementsmaintainedbyanadditionalauthority;permitcostsasneeded;and,allmaterialsand/or labor to complete the scope of work describedherein is the responsibility of the Contractor. Contractorshallsubmitasinglebillingstatementand/orinvoicetotheCounty at the completion of the project.Suchbillingstatementand/orinvoiceshallsetoutthenatureofworkperformed,aswelI Property Abatement GCSO 2024-RFB00I Contract Paget asthetimeandmaterialsinvolvedinsuchwork or percentage of work completed as mutually agreed upon by the Contractor and the County. TheCountywillpaysuchstatementand/orinvoice within thirty (3 0) days ofreceipt, 4. Performance and Payment Bonds. Required for this project. 5. Indemnily,andHoldHarmless.TheContractorshalldefend.indemnifyandholdtheCounty, itsofficers,officials,employeesandvolunteersharmlessfromanyandallclaims,injuries,darnages, lossesorsuits,includingattorneyfees,arisingoutoforinconnectionwiththeperformanceofthe contract,exceptforinjuriesanddamagescausedbythesolenegligenceoftheCounty. It is further specifically and expressly understood that the indemnification provided herein const*itutestheContractor'swaiverofimmunityunderindustriallnsurance,title5lRCW,solelyfor the purposes of indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration of termination of thiscontract. 6. Insurance. The Contractor shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damage to property which may arise from orin connectionwiththeperformanceoftheworl�ereunderbytheContractor,itsagelits,representatives, employeesorsubcontractors.TheContractorshallprovideaCertificationoflnsuranceevidencl*ng: • AutomobileLiabilityinsurancewithlimitsnolessthan$1,000,000combinedsingle limit per accident for bodily injury and propertydamage; and CommercialGeneralLiabililyinsuranc'ewrittenonanoccurrencebasiswithlimitsno lessthan$1 000,000combinedsinglelimitperoccurrenceand$I 000,000aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/competed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer'sliability. • Worker's Compensation insurance at the limits established by the State of Washington. Anypaymentofdeductibleorself-insuredretentionshallbethesoleresponsibilityoftheContractor. The County shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the county as additionalinsuredshallbeattachedtotheCertificateoflnsurance.TheContractor'sinsuranceshalI be primary insurance with respect the County and the County shall be given thirty (3 0) days prior written notice of any cancellation, suspension or material change incoverage. 7. Payments Withheld. The County may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect Property Abatement GCSO 2024-RFBO01 Contract Page3 County from loss or damage for reasons including but not limitedto: • Work not in accordance with theContract; • Reasonable evidence that the work required by the Contract cannot be completed for the unpaid balance of the contractsum; * Work by the County to correct defective work or complete thework; o Failure by the Contractor to perform in accordance with the Contract;or * Cost or liability that may occur to the County as the result of Contractor's faultor negligent acts oromissions. PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory performance, the County shall notify Contractor in accordance with RCW39.76.01 I (b). 8. Authorityofco IftheContractorfa'l'lstoperformtheworkaccordingtorequirements oftheContractDocument,theCountyshallprovidewrittennoticeofth-edefic'iencytotheContractor andContractorshallhavesevendaystocoffectthedeficiencyinthework.IftheContractorfailstocoffectth edeficiency*lntheworkwithinthesevendayper'lodortotakeandcontinueallappropriate step stoinitiatethecoffectionsintheeventcorrectionscannotbereasonablycompletedinthe seven day period, the County may, without prejudice to other remedies, (a) use County forces, other contractors, or other means to make good the Contractor's deficiency and (b) deduct from the Contractor's payments the cost of sucheffort. 9. Warranties. In addition to any special warranties provided elsewhere in the Contract Document and/or companion or applicable documents, the Contractor 'warrants that all workconformstotherequl'rementsoftheContractandisfreeofanydefectinequipment,material, or design furnished, or workmanship performed byContractor. With respect to all warranties, express or implied, for work performed or materials furnished according to the Contract, and/or companion or applicable documents, the Contractorshall: * Obtain all warranties that would be given in normal commercialpractice,- e Require all warranties to be executed., in writing, for the benefit of the County;and e Enforce all warranties for the benefit of the County, if directed by the County, includinganysubcontractor's,manufacturers,orsupplier'swarrantythatextendsbeyondthe period specified in theContract. o The obligations under this Section shall survivecompletion. 10, Successors and Assigns. The County and Contractor respectively bind themselves, their partners,, successors, assigns, and legal representatives to the other art hereto and to partners.,, successors, assignsandl egalrepresentativesofsuchotherpartyin-respecttocovenants,agreements, and Property Abatement GCSO 2024-RFB00I Contract Page4 obligations contained in the Contract. Neither party shall assign the work without written consentoftheother.Ifeitherpartyattemptstomakesuchanassignmentwithoutsuchconsent,that party shall nevertheless remain legally responsible for all obligations set forth in theContract, 11. Changes in Work. The County may, at any time and without notice to Contractor's surety, orderadditions deletions revisions orotherchangesinthework. The sechanges intheworkshall beincorporatedintotheContractDocumentthroughtheexecutionofChangeOrders.Ifanychange in the work ordered by County causes an increase or decrease in the Contract 'Sum or the time of performance, anequitableadj ustmentshallbemade,andsuchadj ustments(s)shallbeincorporated into a ChangeOrder. IftheCountydesirestoorderachange*lnthework,.itmayrequestawrittenChangeOrderproposaI from Contractor. Contractor shall submit a Change Order proposal within 14 days of the request from the County, or within such other period as mutually agreed. Contractor's Change Order proposal shall include full compensation for implementing the proposed change in the work, includinganyadjustmentinthecontractsumortimeofperformance,and'includingcompensation for all delays in connection with such change in the work and for any expense or inconvenience, disruptionofschedule,orlossofefflc*lencyorproduct*lvityoccasionedbythechange'lntheworl,c-. UponreceiptoftheChangeOrderproposal,orarequestforequitableadjustmentinthecontractsum or time of performance, or both, the County may accept or reject the proposal, request further documentation.omegotl*ateacceptabletermswithContractor.Pendingagreementonthetermsof theChangeOrder,theCountymaydirectContractortoproceedimmediatelywiththeChangeOrder work. Contractor shall not proceed with any change in the work until it has obtained theCounty's approval. All work done pursuant to any County -directed change in the work shall be executed in accordance with theContract. 12. No Agency Relationship. Neither the Contract, nor any agreement implied therefrom, constitutes the Contractor as an agent or legal representative of the County for any purpose whatsoever, andtherelationshipoftheContractortotheCountybyreasonoftheContractDocument shallbethatofanindependentcontractor,TheContractorisnotgrantedanyexpressorimpliedright or authority to assume or create any obligation or responsibility on behalf of or in the name ofthe County or to bind the County in any manner or thingwhatsoever. 13, Clea. Contractor shall at all times, keep the project site, including hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing the work, Contractor shall remove from the premises its rubbish, tools, scaffolding, equipment, and materials. Upon completing the Work, Contractor shall leave the project site in a clean, neat, and orderly condition satisfactory to the County. If Contractor fails to clean up as provided herein, and after reasonable notice from the County, the, County may do so and the cost thereof shall be charged toContractor. 14. Survival.In the event any clause or provision of this Contract shall be held to be invalid, thentherema*lninglausesandprovisionsshallneverthelessbeandrema*ln'lnfullforceandeffect. Property Abatement GCSO 2024-RFB00I Contract Page5 15. EntireAgreement.TheContractembodiestheentireagreementbetweentheparties,allother agreements, oral or written, are hereby merged into and superseded by the Contract. There areno other agreements which modify or affect the terms hereof. No amendment hereto shall bebinding unlessthetermsthereofareinwritingsignedbybothparties.Timeisoftheessence.Noverbalor other agreements modify or affect theContract. 16. Explanation of Documents. The Contract been fully reviewed by the Contractor. The Contractorhashadtheopportunitytoconsultw"thlegalcounselastothelegaleffectoftheContract. 17. 'Not ices. Allnotice swhichmayberequiredpursuanttothetermshereofaretobeinwriting anddeliveredpersonallytothepartytoreceivethe,sameormailedbyregularmail,postageprepaid totheaddressspecifiedadj acenttotheparties'signatures.Allnoticesshallbedeemedservedupon deliverythereoforthree(3)daysfollowingdepositofthenot'l'ceintheU.S.mailsasrequiredherein. 18. Headings, Construction. The headings of the sections and paragraphs are inserted solely 0 fortheconvenienceofthe-partiesandarenotapartofandarenotintendedtogovem,limitoraid'l'n theconstructionofanytermorprovi sionhereof. Inc onstruin'gthepartie s'intentwl"thregardtothi s contract,nogreaterorstricterconstructionofanytermorprovisionhereofshallbeassertedagainst the County asdrafter. 19. Disputes,AttomeysFees.Inanycontroversy,claimord*lsputearisingoutoforrelatingto, thiscontract'orthemethodandmannerofperformancethereoforthebreachthereof,theprevailing Partyshallbeent*itledtobeawardeditsreasonableattorney'sfeesinadditiontosuchotherdamages as are appropriate. If neither party wholly prevails, the party that substantially prevails, shall be awardeditsreasonableattorneys'feesaslit-igationexpenses.Forthepurposesofthisprov'l'sion,,the terms "proceeding" and" I itigation" shall'includearbitration,adrninistrativebanlcruptcy - andjudicial proceedings, including appeals therefrom. For purposes of this contract, the actual attorneysTees incurred shall be deemed "reasonable". 20. GoygmingjLaw,4Venue.TheperformanceandinterpretationoftheContractDocumentshalI begovemedandinterpretedinaccordancewiththelawsofthe Stateofwashington.Anylitl'gat ion arisingoutoforinconnectionwiththisContractshallbeconductedinGrantCounty,,Wash'ington. Property Abatement GCSO 2024-RFB001 Contract Page6 Datedthe a`Y of juv►,e. 2024. CONTRACTOR: Groat Brothers, Inc By: 'b-�t� �G'c- llG�c LicenseNo. GROATBI174MR UBI No. 600056141 Datedthe ��LA of zitt 2024. 6 1 BOARDOFCOUNTYC 1'V NE MISSIORS C UNT WA INGTON C Cindy Carterthair Danny Stol/e,vice Chair Robo J&re_S_;0Member ATTEST: Barbara J. Vigavez Clerk of theBoard Approved as toform: By Barb G. DW6ck, WSBA #53946 Deputy Prosecuting Attor ey Date: Property Abatement GCSO 2024-RFB00I Contract Pagel r:liant##- 1 R'35RA GROASROS ACORDTm CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D D/YYYY) 6/20/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance CONTACT Trisha Baldovinos NAME: PHONE FAx 866 577-1326 A/C, No, Ext): 503.467.7595 A/C, No 805 SW Broadway; Suite 2300 ADDRESS: trisha.baldovinos@propelinsurance.com COM Transportation Portland, OR 97205-3363 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Western National Mutual Insurance Co. 15377 INSURED INSURER B: Underwriters At Lloyds London 15792 Groat Brothers, Inc. INSURER C: Mt. Hawle Insurance Company 37974 PO Box 1630 INSURER D: Travelers Property TravelPerty y Casualt CoofAmerica 25674 p 608 West Scott Ave. Woodland, WA 98674-1500 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPP126741702 7/01/2023 07/01/2024 EACH OCCURRENCE $15000,000 CLAIMS -MADE F_X] OCCUR PREMISES (Ea RENTED ) $100,000 MED EXP (Any one person) $ 5,000 X BI/PD Ded:5,000 PERSONAL & ADV INJURY $110005000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ECOT LOC POLICYF� F-] PRODUCTS - COMP/OP AGG $ 2,000,000 WA Stop Gap $1,000,000 OTHER: AUTOMOBILE LIABILITY CPP126279002 07/01/2023 07/01/202 CMBI• Ea acccidentSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNEDSCHEDULED AUTOS ONLY X AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB X OCCUR UMB104523002 7/01/2023 07/01/2024 EACH OCCURRENCE $150001000 AGGREGATE $110001000 B X EXCESS LIAB CLAIMS -MADE DED X RETENTION $1 O 000 Each Occ/A $110007000 SCT1185923 07/01/2023 07/01/202 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / NISTATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A PER OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Pollution EGL0010801 7/01/2023 07/0112024 $2,000,000 A Trl Interchange CPP126279002 07/01/2023 07/011202. $25,000 1 $1,000 Ded. D I Motor Truck Caro I I 16309T261174TIL23 P7/01/2023107/0112024 $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Operations of the named insured subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION Grant County Commissioner's Office PO Box 37 Ephrata, WA 98823 ACORD 25 (2016/03) 1 of 1 #S6714932/M6025392 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KAJ 00 This page has been left blank intentionally. WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES Accidental Airbag Deployment Coverage Auto Loan/Lease Gap Coverage Blanket Additional Insured Blanket Waiver of Subrogation Broadened Definition of Insured includes: Newly Acquired Organizations for up to 180 Days Employees as Insureds Subsidiaries in Which You Own 50% or More Deductible Waiver for Glass Repair Employee Hired Auto Fellow Employee Coverage Hired Auto Physical Damage Coverage Knowledge of Accident, Claim, Suit or Loss Loss Of Use Expenses - Amended Personal Effects Rental Reimbursement Coverage Supplementary Payments - Amended: Bail Bonds up to $5,000 Loss of Earnings up to $500/Day Transportation Expense Limits — Amended Unintentional Failure to Disclose Hazards PAGE 4 4 2 5 2 2 2 3 2, 5 3 4 5 3 3 4 2 2 3 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 WN 'CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under a contract or agreement in the A. Who Is An Insured' 49'21 employee's name, with your permission, SECTION II — COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE, A. Coverage, 1. Who Is An Insured of your business. is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy, or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. e. Any organization which is newly acquired or formed by you and over which you maintain majority ownership. However, coverage under this provision: (1) is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first; (2) does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization; (3) does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does not apply to an "insured" under any other automobile liability policy, or would be an "insured" under such a policy but for termination of such policy or the exhaustion of, such policy's limits of insurance. SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. Liability Coverage Extensions — Supplementary Payments SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage. Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 D. Fellow Employee Coverage SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, S. Fellow Employee, the following is added: Co -Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for "bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. SECTION III — PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Transportation Expense — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 maximum. B. Hired Auto Physical Damage — Loss Of Use Expenses — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. C. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage D. Glass Repair — Deductible Waiver SECTION III — PHYSICAL DAMAGE COVERAGE,, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. E. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use, subject to the following: a. The most we will pay for any one "loss" is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deductible does not apply to "loss" caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage, is amended by adding the following: 6. Rental Reimbursement This coverage applies only to a covered "auto" of the private passenger or light truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type "auto" because of "loss" to a covered private passenger or light truck type "auto' . Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type "auto." No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you; or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000. d. This coverage does not apply while there are spare or reserve private passenger or light truck type "autos" available to you for your operations. e. If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. G. Accidental Airbag Deployment Coverage SECTION 111 — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered "auto". This coverage is excess over any other collectible insurance or reimbursement by manufacturer's warranty. H. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered "auto" described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total "loss" to a covered "auto" described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. . Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with, a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But, this section does not amend the provisions relating to notification of police, protection or examination of the property which was subject to the "loss". B. Blanket Waiver of Subrogation Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer' of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss") provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Coverage Part because of such failure. D. Employee Hired Auto SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY 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 or or- ganization for whom you are performing opera- tions when .you and such person or organization have agreed in writing in a 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 re- spect to liability for "bodily injury", "property dam- age" 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are complet- ed. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing op- erations for a principal as a part of the same project. C. With respect to the insurance afforded - to these additional insureds, the following is added to Sec- tion III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. The following is added to the Other Insurance Condition and supersedes any provision to the. contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek any contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. WN GL 49 07 15 Page 2of2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements.The following isasummary of broadened coverages provided by this endorsement. No coverage ispro- vided bythisoummery.rofertofo|lowingendonaementforohangeoinyourpo|icy. SUMMARY OF COVERAGES Bodily Injury And Property Damage Liability Property Damage Liability � Elevators ----------------------..`------------.--------.3 � Fire, Lightning, Explosion C)rSprinkler Leakage Exception ....................................................... 3 � Borrowed Equipment ($2S.00OPer Occurrence, $50.DDOAggregate, Supplementary Payments —Amended ° Bail Bonds UpTo$5.O0O........................................................................................................... 3 ~ Loss ofEarnings UpTo ------------------------------..3 Who Is An Insured Amendments • Employee Bodily Injury ToACo-Employee ............................................................................... 4 • Newly Formed Cr Acquired Organizations For UpTo18ODays ............................................... 4 ` BlanketAdditional|naurod—Vendor —AoRequired ByContract ............................................ 4 ° Blanket Additional Insured — Lessor CfLeased Equipment ...................................................... 8 ~ BlanhetAdditiona|naured— Managers Or Lessors CfPremises .............................................. G ~ Blanket Additional Insured —State Or Governmental Agency Or Subdivisions OrPolitical Subdivision — Permits OrAuthorizations .............................................................. 7 ° Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises ........................... 8 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ............................. 9 Conditions ~Knowledge ofOccurrence, Offense, Claim <]rSuit Amended ................................................... 9 • Unintentional Failure ToDisclose Hazards ................................................................................ 8 Personal And Advertising Injury Redefined CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, |nc..with its permission. Page 1of1O COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERAGES AMENDMENTS COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. -Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for "property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that It occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 3 of 10 COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub -paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B E. Supplementary Payments — Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co -Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you area partnership or joint venture), to your members (if you area limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co2employee1) or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co -"employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co2employee" or other "volunteer worker", is brought against you or a co -"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: 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; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured — Vendors — As Required By Contract 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contractor agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 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, except when 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; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or (6); or (ii) 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. 3. This Provision C. does not apply: a. 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; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the "products -completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable. Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 5 of 10 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured — Lessor Of Leased Equipment 1. Section II — Who Is An Insured is amended to include as an additional. insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for. "bodily injury", "property damage" or "personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any "occurrence" which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury" or "property damage" arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured — Managers Or Lessors Of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to Liability arising out of the ownership, maintenance or use of that part of the premises leased to you, 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 in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, , field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 7 of 10 F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization 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. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 8 of 10 However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,* reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III — LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 9 of 10 SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; • C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, 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. SECTION V — DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is 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 or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels aerson or organization or disparages a person's or organization's goods, p e, products or service; p e. Oral, written, televised, videotaped or electronic publication of material that violates a person'sht ri of privacy; g p y, CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. Page 10 of 10