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HomeMy WebLinkAbout2023-198 PO 20240199- Canopy LLC Purchase Order CITY fiECORDEPA ,as Fiscal Year 2024 Page: 1 of: 1. B City of Ashland �N-V 'AR� ��PIP� 7N1 �75 � ATTN: Accounts Payable Purchaseas L Ashland, OR 97520 Order# 20240199 T Phone: 541/552-2010 • , O Email: payable@ashland.or.us V H C/O Public Works Department E CANOPY LLC I 51 Winburn.Way N PO BOX 3511 p Ashland, OR 97520 ASHLAND, OR 97520 Phone: 541/488-5347 R • O Fax: 541/488-6006 tcle��tronum6er VerrdorFaaluerBegors�f►ou—mt�er = DieliyeWrfereric Fleury — k�a -Crdereda itd-Qrhr i tirM ikequiri F rnli tett eitWO � _D�ar�rr�ent/L a ror� Scott 11/16/2023 995 _ FOB ASHLAND OR/NET30 CityAccounts Payable =-ifem = _ cri anE arfC =-Q ; 0 _l Primo xter dtilde Trim Trees Airport Boundary • 1 Trim four trees within the Ashland Airport Safety Boundary 1.0 13,800.00 $3,800.00 Goods and Services Agreement(Less than $35,000) Completion date: 12/3T/2023 Project Account: ************* * GL SUMMARY*************** 1• 085700-704100 $3,800.00 I .1 • • By:' V 1 Date: ! _; Authorized Signa a $3,800.00 , (0 FORe'- ,,,-- CITY OF A request for a Purchase Order ,s S H LAN D REQUISITION %/� v / O ` Date of r est: 11/14/2023 Required date for delivery: Vendor Name Canopy LLC Address,City,State,Zip PO Box 3511 Ashland,OR 97520 Contact Name&Telephone Number Joshua Weigang 541-631-1462 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon © Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 State of Washington Date approved by Council:_ Contract# . _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council:_ ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: __ __(Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ' ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached i ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K i ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council:_ Valid until: __ (Date) Description of SERVICES Total Cost Trim four trees within the Ashland Airport Safety Boundary , 3800.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑■ Per attached quotelproposal • TOTAL COST g;. Project Number Account Number 0 8 5 7 0 0.7 0 4 6 0 0 _ Account Number - Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing thisuisition form,t certify that the City's public contracting requirements have been satisfied. r V 5 Employee: O UQ/1'r iktR,tAinetpal Department Head: � �� 11. ‘44.121? t! H1,-,Mr ater than$5,000) Department Manager/Supervisor: City Manager: (Equal to or greater than$35,000) Funds appropriated for current fiscal year: YES / NO Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT (LESS THAN $35,000) PROVIDER: Canopy LLC CITY OF PROVIDER'S CONTACT: Chris John �S H LAN D 20 East Main Street ADDRESS: PO Box 3511 Ashland,Oregon 97520 Ashland, OR 97520 Telephone: 541/488-5587 PHONE: 541-631-1462 Fax: 541/488-6006 This Goods and Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City") and Canopy LLC, a domestic business corporation(hereinafter"Provider"), for trimming of four trees within the Ashland Airport Safety Boundary. 1. PROVIDER'S OBLIGATIONS 1.1 Provide trimming of four trees within the Ashland Airport Safety Boundary as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general • liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability; and • Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; Page 1 of 6: Goods and Services Agreement between the City of Ashland and Canopy LLC • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $25,335.05 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$3,800.00 (three thousand eight hundred dollars) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$3,800.00 (three thousand eight hundred dollars)without express, written approval from the City official whose signature appears below,or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Canopy LLC 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.8 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.9 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.10 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts,accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.11 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.12 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.13 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Page 3 of 6: Goods and Services Agreement between the City of Ashland and Canopy LLC Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.14 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Quote dated October 01, 2023. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date"),and shall continue in full force and effect until December 31,2023,unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause,by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. Page 4 of 6: Goods and Services Agreement between the City of Ashland and Canopy LLC 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Public Works Department Attn: Chance Metcalf 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5587 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5350 If to Provider: Canopy LLC Attn: Chris John P.O. Box 3511 • Ashland, OR 97520 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Canopy LLC 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: CANOPY LLC. (PROVIDER): By: —.1111111V`1Aggigiost� By: ', Manager Signature `� Christopher John Printed Name Printed Name �. ta.23 CEO k Date Title 11/09/2023 Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) • • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Canopy LLC CANOPY IIc nfT PO Box 263 - Talent, OR 97540 US (541) 631-8000 canopyarborcare@gmail.com rk www.canopyarborcare.org CANOPY. Quote ADDRESS QUOTE# 6741 Cance Metcalf DATE 10/01/2023 City Of Ashland Public Works Ashland, Or 97520 SERVICE AMOUNT Complete topping of 4 cottonwoods 3,800.00 within the Airport Safety Boundary. TOTAL $3,800.00 Accepted By Accepted Date *Payment due upon project completion* *Please make check payable to Canopy LLC and mail check to:P.O.Box 263 Talent,OR 97540* "'Please note,there is a 30 day grace period for all transactions,and then a past due interest rate of 1.5%per month(18%annual)will be charged. CCB#199334&Arborist#WE-9504B Ac R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/11/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christine Callahan Focus/ Insurance Group, Inc NAME: PHOE AX 720 E Jackson St (A/C.No.Ext): 541-772-3120 FAX No):541-772-7900 Medford, OR 97504 E-MAIL ADDRESS: Christine@focuslins.com License#: NPN: 16192192&CA INSURER(S)AFFORDING COVERAGE NAIC INSURER A: Mesa Underwriters Specialty Ins Co 36838 36838 INSURED INSURERB: Mutual of Enumclaw 14761 Canopy LLC INSURERC: SAIF 36196 1323 Lithia Way INSURERD: Talent,OR 97540 INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER: 00007321-2413006 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD WVD POLICY NUMBER BR POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) IMM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y MP003600210003401 07/28/2023 07/28/2024 EACH OCCURRENCE $ 2,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 2,00.0_,000 OTHER: $ B AUTOMOBILE LIABILITY Y CPP0018577 07/08/2023 07/08/2024 COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ OWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ Ni HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION 875358 10/01/2023 10/01/2024 Xl STATUTE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mom space Is required) City of Ashland,Oregon,its officers,agents and employees is included as additional Insured with respect General Liability and Auto Liability. Primary and nonconributory wording applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland,OR 97520 AUTHORIZED REPRESENTATIVE (CCI) ©1 8 - 15 ACORD CORPORATION. All rights reserved. Annorl 9P tom R/(141 Tho Af11RIl nomas onrl Innes ores runic*orcin morlrc of A!_ARf Prinfori by CC1 nn nail /9119/of 11R•9CAIV1 Th COMMERCIAL AUTO EA 9911 0318 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph C.1. is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser of the 1. Trailers following number of days: a. "Trailers" with a load capacity of 2,000 1. The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads; or of service; or b. "Trailers" designed primarily for travel on 2. 30 days. public roads when: The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph A.1.: Three of the Declarations as a covered d. Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form;and Any person or organization that you are required to include as an additional insured (2) Not used for business, farming or on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a motor by you before the"bodily injury"or"property vehicle of the private passenger, station damage" occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured" for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are The Limits of Insurance applicable to the also covered "autos" for Physical Damage Additional Insured are those specified in the Coverage: written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown; to the Limits of Insurance shown in the declarations for the Named Insured. 2. Repair; 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss"; or 5. Destruction. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 6 e. Broadened Named Insured 2. Towing Any business entity newly acquired or We will pay up to $200 for a covered "auto" for formed by you during the policy period towing and labor costs incurred each time the provided you own 51% or more of the covered "auto" is disabled. However, the labor business entity and the business is not must be performed at the place of disablement. separately insured for Business Auto This coverage is excess over Coverage. Coverage is extended up to a maximum of 180 days following acquisition a. any limit shown in the Declarations for or formation of the business entity or until towing and labor costs; and the end of the policy period, whichever b. any other collectible insurance. comes first. This coverage applies only for an "auto" f. Employee Hired Auto covered on this policy for An"employee"of yours is an"insured"while c. Comprehensive or Specified Causes of operating an "auto" hired or rented under a Loss Coverage; and contract or agreement in that "employee's" d. Collision Coverage. name, with your permission, while performing duties related to the conduct of The following is added to Paragraph A.3 your business. Glass Repair—Waiver of Deductible Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and No deductible will apply to glass breakage if replaced with the following: such glass is repaired in a manner acceptable 2. Coverage Extensions to us rather than replaced. a. Supplementary Payments Paragraph A.4.a. is deleted and replaced with the (2) Up to $5,000 for cost of bail bonds following: (including bonds for related traffic law 4. Coverage Extensions violations) required because of an a. Limited Rental Reimbursement or Travel "accident"we cover. We do not have to Expense furnish these bonds. We will pay up to $75 per day to a (4) All reasonable expenses incurred by maximum of $2,250 for rental the "insured" at our request, including reimbursement expenses for the rental of actual loss of earnings up to$500 a day an "auto" or other transportation expense because of time off from work, incurred by you because of "loss" to a Paragraph B.5. is deleted and replaced with the covered "auto" which is covered by following: Comprehensive, Specified Causes of Loss, 5. Fellow Employee or Collision coverage under this policy. No deductible applies to this coverage. "Bodily Injury"to: • (1) We will pay only for those expenses a. Any fellow "employee" of the "insured" incurred as a result of a covered "loss" arising out of and in the course of the fellow occurring during the policy period "employee's" employment or while beginning 24 hours after the "loss" and performing duties related to the conduct of ending, regardless of the policy's your business. This exclusion does not expiration, with the lesser of the apply to an "insured" who occupies a following number of days: position as an officer, manager or (a) The number of days reasonably supervisor.; or required to repair or replace the b. The spouse, child, parent, brother or sister covered "auto". If "loss" is caused of that fellow"employee"as a consequence by theft, this number of days is of Paragraph a.above. added to the number of days it The following changes revise SECTION III—PHYSICAL takes to locate the covered "auto" DAMAGE COVERAGE and return it to you; or This coverage applies only for a covered "auto" for (b) 30 days. which Physical Damage Coverage is provided for on (2) Our payment under this Coverage this policy. Extension (4.a.) is limited to the lesser Paragraph A.2. is deleted and replaced with the of the necessary and actual expenses following: incurred or the maximum amount shown, $2,250. A. COVERAGE EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 6 (3) Coverage under this Coverage "loss", and such equipment is Extension (4.a.) does not apply while designed to be solely operated by there are spare or reserve "autos" use of the power from the "auto's" available to you for your operations. electrical system, in or upon the (4) If a covered "auto" is described or covered "auto". designated as a covered "auto" on (b) We will pay with respect to a endorsement EA 99 01, the coverage covered "auto" described in the provided by this extension is excess Schedule for "loss" to any over coverage provided by accessories used with the endorsement EA 99 01. electronic equipment described in The following is added to paragraph A.4. Paragraph (1)(a) above. However, this does not include tapes, records c. Tapes, Records and Discs or discs. We will pay for "loss" to tapes, records, (2)Exclusions compact discs, or other similar devices used with audio, visual or data electronic The exclusions that apply to Physical devices. Damage Coverage, except for the exclusion relating to Audio, Visual and (1) We will pay only•if the tapes, records, Data Electronic Equipment, also apply compact discs, or other similar devices: to coverage provided by this extension. (a) Are your property or that of a family In addition, the following exclusions member; or apply: (b) Are the property of an "employee" We will not pay, under this extension, using a covered "auto" in your for either any electronic equipment or business affairs at the time of the accessories used with such electronic "loss"; and equipment that is: (c) Are in a covered "auto" which (a) Necessary for the normal operation sustains other covered "loss" under of the covered "auto" or -the Comprehensive or Collision monitoring of the covered "auto's" coverage at the time of the "loss"to operating system; or tapes, records, compact discs, or (b) An integral part of the same unit other similar devices. housing any sound reproducing (2) The most we will pay for "loss" under equipment designed solely for the this Coverage Extension (4.c.) is$200. reproduction of sound if the sound (3) Physical Damage Coverage provisions reproducing equipment is permanently installed in the apply to this coverage, except that any „ deductible applicable to covered auto in the opening of the Comprehensive or Collision coverage dash or console normally used by does not apply to this Coverage the manufacturer for the installation of a radio. Extension (4.c.). d. Audio, Visual and Data Electronic (3) Limit of Insurance Equipment With respect to coverage under this (1) Coverage extension the Limit of Insurance provision of Physical Damage (a) We will pay with respect to a Coverage is replaced by the following:• covered "auto" described in the (a) The most we will pay for all"loss"to Schedule for"loss"to any electronic audio, visual or data electronic equipment that receives or equipment and any accessories transmits audio, visual or data used with this equipment as a result signals and that is not designed of any one "accident" is the lesser solely for the reproduction of sound. of: This coverage applies only if the equipment is permanently installed (i) The actual cash value of the in the covered "auto" at the time of damaged or stolen property as the "loss" or the equipment is of the time of the"loss"; removable from a housing unit which is permanently installed in the covered "auto" at the time of the EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 6 (ii) The cost of repairing or g. Camper Bodies replacing the damaged or In the event of a "loss" to a detached stolen property with other "camper," physical damage coverage will property of like kind and quality; apply as if it were part of the covered "auto" or on which it is rated. (iii)$500. h. Contents of a Travel Trailer, Camper or (b) An adjustment for depreciation and Motor Home physical condition will be made in When a Travel Trailer, "Camper" or Motor determining actual cash value at Home is a scheduled auto for physical the time of the"loss". damage coverage, we will pay up to $1,000 (c) If a repair or replacement results in for "loss" to personal property belonging to better than like kind or quality, we you or a family member that is within the will not pay for the amount of Travel Trailer, "Camper" or Motor Home. betterment. We will pay up to$250 for"loss"to personal (4) Deductible property belonging to you or a family member that is outside the Travel Trailer, No deductible applies to this coverage. "Camper"or Motor Home. The insurance provided by this extension is (1) We will not pay for"loss"to: excess over any other collectible insurance. (a) Articles carried or held for sale, e. Custom Signs and Decorations storage or repairs, or for later Physical Damage coverage on a covered delivery; goods kept to show or sell; "auto" may be extended to"loss"to custom or theatrical wardrobes. signs and decorations including custom (b) Business, store of office furniture or murals, paintings or other decals or equipment. graphics. (c) Records or accounts, money, Our limit of liability for loss to custom signs bullion, deeds, contracts, evidences and decorations shall be the least of: of debt, securities,tokens or tickets, (1) Actual cash value of the stolen or stamps in current use or damaged property; manuscripts. (2) Amount necessary to repair or replace (d) Animals, private passenger"autos," the property; or motorcycles, aircrafts, boats or any (3) $500. other motorized vehicles or their equipment, furnishings or f. Personal Effects Coverage appurtenances. (1) Physical Damage Coverage on a (e) Equipment or accessories while covered "auto" may be extended to your Travel Trailer, "Camper" or "loss" to your "personal effects" or, if Motor Home is leased or rented to you are an individual, the "personal any organization or any person effects" of a family member, that are in other than you or a family member. the covered "auto" at the time of the (2) The maximum we will pay for "loss" is "loss". the lesser of: (2) "Personal effects" as used in this extension means tangible property that (a) The actual cash value of the is worn or carried by the "insured". personal property at the time of "Personal effects" does not include "loss"; tools, jewelry, money, securities, radar (b) The cost of repairing the damage; or laser detectors, or tapes, records, or discs or similar audio, visual or data (c) The cost of replacing the damaged electronic equipment. personal property with other (3) The most we will pay for any one "loss" personal property of like kind, under this coverage extension is$500. condition, quality and value. No deductible applies to this extension. The insurance provided by this extension is excess over any other collectible insurance. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 6 i. Vacation Expense Allowance If hired "autos" are covered "autos" for Liability We will pay you $50 per day to a maximum Coverage and if Comprehensive, Specified of $500 for extra expenses when a Travel Causes of Loss or Collision Coverages are Trailer, "Camper or Motor Home is a provided under this coverage form for any scheduled auto for physical damage "auto" you own, then the Physical Damage coverage, and the Travel Trailer, "Camper" Coverages provided are extended to "autos" or Motor Home: you hire of like kind and use, subject to the (1) Is damaged or destroyed and is following: uninhabitable; and a. The most we will pay for any one "loss" is While beingused for vacation purposes $50,000 or the actual cash value or the cost (2) p p to repair and replace, whichever is less, within the policy period. minus a deductible; Extra expenses must by supported by b. The deductible will be equal to the largest receipts or other valid evidence. deductible applicable to any owned "auto" The following is added to Paragraph A.: for that coverage; 5. Extra Expense—Broadened Coverage c. Hired Auto Physical Damage coverage is We will pay for the direct expense of returning a excess over any other collectible insurance; stolen covered "auto" to you. We will pay only and for those covered "autos" for which you carry d. Subject to the above limit, deductible and Comprehensive or Specified Causes of Loss excess provisions, we will provide coverage Coverage. This coverage will only apply to equal to the broadest coverage applicable vehicles recovered inside the 48 contiguous to any covered"auto"you own. United States. This coverage does not apply to If a limit for Hired Auto Physical Damage is an"auto"we deem a total"loss". indicated in the Declarations, then that limit 6. Auto Loan/Lease Gap Coverage replaces, and is not in addition to, the $50,000 In the event of a covered total "loss" to a limit indicated above. covered "auto" described or designated in the The following is added to Paragraph B.3.a.: Schedule or in the Declarations, we will pay up Airbag Coverage—Accidental Deployment to $2,000 for any unpaid amount due on the lease or loan for a covered "auto"less: However, this exclusion does not apply to the unintended inflation of an airbag if the inflation a. The Amount paid under the Physical is caused by mechanical or electrical Damage Coverage section A.1. of the breakdown. policy; and The following is added to Paragraph C.2. b. Any: New Vehicle Replacement Cost (1) Overdue lease/loan payments at the time of the"loss"; If, however, a "loss" occurs to your covered "auto" within 180 days of your purchase of the "auto" and, (2) Financial penalties imposed under a we deem the covered "auto"to be a total"loss" and lease for excessive use, abnormal wear it has not been previously titled under the motor and tear or high mileage; vehicle law of any state,we will pay at your option: (3) Security deposits not returned by the a. the cost to replace the covered "auto" with a Lessor; new"auto"of like make, model and year; or (4) Costs for extended warranties, Credit b. an amount equal to the original purchase price Life Insurance, Health, Accident or you paid to acquire the vehicle, including taxes, Disability Insurance purchased with the but excluding any extended warranties and loan or lease; and licensing fees. (5) Carry-over balances from previous This coverage applies only to a covered "auto" of loans or leases. the private passenger, light truck or medium truck 7. Hired Auto Physical Damage Coverage type (20,000 lbs. or less gross vehicle weight). EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 5 of 6 • The following changes revise SECTION IV — The following changes revise SECTION V — BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added: Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used "accident"is known to: for casual travel or camping. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: 6. Blanket Waiver of Subrogation We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"because of payments we make for damages under this coverage form. The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: a. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (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". The following is added to Paragraph B.5. d. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision,then Paragraph a.above will apply. EA 99 11 03 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 6 of 6 MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY BUNDLE GOLD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. Summary of Coverages Provided by This Endorsement: Blanket Additional Insureds—As Required by Contract with Completed Operations Page 5 Blanket Waiver of Transfer of Rights of Recovery Page 7 Construction Per Project General Aggregate Limit-$5,000,000 Page 4 Contractual Liability (Railroads) Page 8 Contractual Liability Amendment (Personal and Advertising Injury) Page 5 Damage to Premises Rented to You -$1,000,000 Page 6 Liberalization Clause Page 7 Lost Key Coverage -$10,000 sublimit Page 3 Primary and Non-Contributory Provision Page 7 Property Damage—Care, Custody, or Control -$100,000 sublimit Page 3 Short-Term Pollution Event— Limited Coverage -$50,000 Page 2 Waiver of Governmental Immunity Page 8 • MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 Insured Copy SHORT TERM POLLUTION EVENT- LIMITED COVERAGE Paragraph 2.Exclusions f. Pollution of SECTION I -COVERAGES—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, does not apply to"bodily injury"or"property damage"due to an "occurrence"arising out of a"short-term pollution event"if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. • Subject to SECTION III—LIMITS OF INSURANCE,the most we will pay under Coverage A for"bodily injury"or"property damage"due to an`occurrence"arising out of a"short-term pollution event"is a sublimit of$50,000.This limit is included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. The following is added to SECTION V-DEFINTIONS: A. "Short-term pollution event"means a discharge, dispersal, release or escape of"pollutants" which: 1. Begins during the policy period; 2. Begins at an identified time and place; 3. Ends, in its entirety, at an identified time within forty-eight(48) hours of the beginning of the discharge, dispersal, release or escape of the"pollutants"; 4. Is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same pollutant from essentially the same source within twelve(12) months of a previous discharge, dispersal, release or escape; 5. Does not originate from an"underground storage tank"; and 6. Is not heat, smoke or fumes from a"hostile fire." To be a"short-term pollution event",the discharge, dispersal, release or escape of "pollutants"need not be continuous. However, if the discharge,dispersal, release or escape is not continuous,then all discharges,dispersals, releases or escapes of the same "pollutants"from essentially the same source, considered together, must satisfy Provisions 1. through 6. of this definition to be considered a "short-term pollution event." B. "Underground storage tank"means any storage tank, including any attached pumps, valves or piping, buried below the surface of the ground or water,or which, at any time, had been buried under the surface of the ground or water and then subsequently exposed by any means. For the purposes of this definition, buried means that at least 10%of it is below the surface of the ground or water. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 Insured Copy LOST KEY COVERAGE The following is added to Paragraph 2. Exclusions j. Damage to Property(4) under SECTION I- COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY: We will pay up to$10,000 for each"occurrence"for the actual and necessary expense you incur to rekey or to adjust locks to accept new keys or, if required, new locks including cost of their installation at the customer's premises as a result of direct physical loss of or damage to their keys entrusted to you, subject to the following: A. Such insurance as is afforded by this endorsement shall not apply to damages caused by misappropriation, conversion, secretion, infidelity or any act of dishonesty on the part of any Insured, its"employees"or agents; B. The total liability of the Company for all damages as the result of any one"occurrence"shall not exceed the limit of liability stated above; C. The Company's obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount set forth in the policy. D. The Limit of Insurance for this coverage is based on each"occurrence"and is subject to a $25,000 aggregate limit. PROPERTY DAMAGE-CARE, CUSTODY, OR CONTROL The following is added to Paragraph 2. Exclusions j. Damage to Property under SECTION I— COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4)and (5)do not apply for the limited purpose of providing the coverage and sublimits of liability as set forth below. We will pay those sums that the insured becomes legally obligated to pay as damages arising out of "property damage"to: A. Personal property in the care, custody or control of the insured; and B. 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. The most we will pay under A. and B. above in any one"occurrence"or for all damages during any one policy period is a sublimit of$100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any"suit"for damages under A. and B. above ends when we have used up the applicable sublimit of liability in the payment of judgments or settlements under it. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 Insured Copy CONSTRUCTION PER PROJECT AGGREGATE A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES - COVERAGE C—MEDICAL PAYMENTS,which can be attributed only to ongoing operations at a single construction project: 1.A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to a maximum of$5,000,000. 2. The 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: (a) Insureds; (b)Claims made or"suits"brought; or (c) Persons or organizations making claims or bringing"suits." 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for any given construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You 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 Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES- COVERAGE C—MEDICAL PAYMENTS,which cannot be attributed only to ongoing operations at a single construction project: 1.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 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C.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 nor the Construction Project General Aggregate Limit. D. If the applicable construction project 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. E.The provisions of SECTION III—LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 Insured Copy • CONTRACTUAL LIABILITY AMENDMENT- (PERSONAL AND ADVERTISING INJURY) If it is required in a written contract,written agreement or written permit with the Named Insured that any contractual liability exclusion for"personal and advertising injury" be removed from the policy, then Paragraph 2. Exclusions e. Contractual Liability of SECTION I—COVERAGES-COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is deleted in its entirety and replaced with the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement." This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. BLANKET ADDITIONAL INSUREDS -AS REQUIRED BY CONTRACT Subject to the Primary and Non-Contributory provision set forth in this endorsement,SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in a written contract,written agreement or written permit to add as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury"or"property damage"or,to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"caused, in whole or in part, by: A. Your ongoing operations, "your product,"or premises owned or used by you. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage"or,to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury"arising out of the rendering of,or the failure to render, any professional architectural, engineering or surveying services by or for you, 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; and 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong-doing 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,to the extent applicable under the Coverage Part to which this endorsement applies,the offense which caused the"personal and advertising injury," involved the rendering of, or failure to render, any professional architectural,engineering or surveying services. B. Your maintenance, operation or use of equipment, other than aircraft, "auto"or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the rental agreement or equipment lease expires. C. Your lease of premises from any person or organization, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any"occurrence"which takes place after you cease to be a tenant of that premises. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 Insured Copy D. Your ownership, maintenance or use of your premises but only with respect to the liability of any person or organization as mortgagee,assignee or receiver. This insurance does not apply to any"occurrence"which takes place after the mortgage is satisfied, or the assignment or receivership ends. E. Your operations performed by you or on your behalf for any state or governmental agency or subdivision or political subdivision, but only with respect to that state or governmental agency or subdivision or political subdivision for which a permit or authorization has been issued. F. Your completed operations arising out of"your work." Such person or organization is an additional insured only with respect to their liability arising out of"your work"performed under that contract, agreement,or permit and included in the"products-completed operations hazard"when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of"your work" performed under that contract, agreement, or permit and included in the"products-completed operations hazard". With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury" caused by or arising out of work or operations performed by any "insured"or any contractor(s)or subcontractor(s)working directly or indirectly on behalf of any"insured"in connection with the new residential construction of the following: 1. Condominium or cooperative unit; 2.Town house; or 3. Single family house. New residential construction includes the conversion of an existing structure or structures to condominium or cooperative building(s)or complex(es), but does not include remodeling, • repair or maintenance operations performed on any individual condominium, cooperative unit, town house, single family house or any other residential unit after it has been certified for occupancy or put to its intended use. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured,or the written permit issued,prior to the"bodily injury" or "property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You referenced in Paragraph 6 of SECTION III is increased to$1,000,000. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 Insured Copy • PRIMARY AND NON-CONTRIBUTORY PROVISION The following is added to Paragraph 4.Other Insurance, b. Excess Insurance under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: With respect to any person or organization included as an additional insured under this policy,this insurance shall be excess over any other insurance that person or organization has and such other insurance shall be primary unless: A. The additional insured is a Named Insured under such other insurance; B. You have agreed in a written contract,written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; and • C. The written contract or written agreement has been signed by the Named Insured,or written permit issued, prior to the"bodily injury"or"property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." LIBERALIZATION The following condition is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our company rules, your policy will automatically provide the additional coverage as of the day the revision is effective. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8.Transfer of Rights Of Recovery Against Others To Us under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury"or"property damage"arising out of your ongoing operations or"your work" done under a written contract or written agreement and included in the"products-completed operations hazard," if: A. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement prior to loss; B. Such person or organization is an additional insured on your policy; and C. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the"bodily injury" or"property damage"occurs subsequent to the execution of the written contract or written agreement. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 Insured Copy • CONTRACTUAL LIABILITY (RAILROADS) The following is added to Paragraph 9. "Insured Contract"of SECTION V—DEFINITIONS: Paragraph c.is deleted in its entirety and replaced with the following: c.Any easement or license agreement; Paragraph f. (1)is deleted in its entirety. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and in the defense of"suits"against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. All other terms and conditions of this policy remain unchanged. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 Insured Copy