Loading...
HomeMy WebLinkAboutInsurance Certificate: Batzer ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 S~ DATE (MMlDD/YYVYI BATZE-l 04/30/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Anchor Insurance - Portland HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1201 SW 12th Ave. , Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97205-2030 Phone: 503-224-2500 Fax: 503-224-9830 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Bituminous Casualty COrD INSURER B: St. Paul Fire , Marine Ins. Co Batzer Inc. INSURER C: PO Box 4460 INSURER D: Medford OR 97501 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER PD~~~1ri~6'~~E 'li'k~"Ell~~b"lf~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - A X X COMMERCIAL GENERAL LIABILITY CLP 3252389 05/01/08 05/01/09 UAMAljl= ! U_ KI=N I ioU $ 300,000 PREMISES (Ea occurence) I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000 - , PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I 'Ixl PRO- n POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 A ~ ANY AUTO CAP 3521063 05/01/08 05/01/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 B ~ OCCUR D CLAIMS MADE QK 08300356 05/01/08 05/01/09 AGGREGATE $ 5,000,000 $ =x:l DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND I TORY LIMITS I Iu~r- ER " EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~MtS~~ov~sf~~s below E.L. DISEASE - POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: SCENIC PARK SITE IMPROVEMENTS THE CITY OF ASHLAND, OREGON, ITS OFFICERS, EMPLOYEES AND AGENTS ARE ADDITIONAL INSUREDS PER ATTACHED ENDORSEMENT GL3084 (12/01) WHICH FORMS A PART OF THE INSURED'S GENERAL LIABILITY POLICY. CERTIFICATE HOLDER CANCELLATION ASHLA-l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ R CITY OF ASHLAND PUBLIC WORKS DEPARTMENT 20 EAST MAIN ST. ASHLAND OR 97520 ACORD 25 (2001108) 6/fY ReCORDER .HATZER INC. POLICY NO. CLP 3252389 .,. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDERS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of such provision. . 00 in the box next to the caption of A. [[] Partnership and Joint Venture Extension B. [[] Contractors Automatic Additional Insured Coverage C. [[] Automatic Waiver of Subrogation D. [[] Extended Notice of Cancellation, Nonrenewal E. [[] Unintentional Failure to Disclose Hazards F. W Broadened Mobile Equipment G. [[] Personal Injury - Contractual Coverage H. [[] Nonemployment Discrimination I. [[] Liquor Liability J. [[] Broadened Conditions A. PARTNERSHIP AND JOINT VENTURE EXTENSION K. [[] Automatic Additional Insureds - Equipment Leases L. [[] Insured Contract Extension - Railroad Property and Construction Contracts M. [[] Turnkey Jobs - Coverage For Alienated Premises N. []] Construction Project General Aggregate Limits o. [[] Fellow Employee Coverage P. []] Property Damage Liability - ElevatoJs a. [[] Property Damage to the Named Insured's Work R. [[] Care, Custody or Control S. W Concrete Rework Labor Reimbursement Coverage The last full paragraph which reads as follows: The following provision is added to SECTION II - WHO IS AN INSURED: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you, and others identified in items 1.a., 1.b., and 1.c., subject to the conditions and limitations contained therein, are insureds, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. GL-3084 (01/06) -1- BATZER INC. POLICY NO. CLP 3252389 ~ .. A partnership or joint venture, not shown as a Named Insured in the Declarations, of which you have 33% or more ownership interest at the time of "bodily injury" or "property damage" caused by an "occurrence" or "personal and advertising injury" caused by an offense, is an insured, provided that no other similar liability insurance is available to that partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE SECTION II- WHO IS AN INSURED is amended to include: Any "owner", .contractor", "construction manager", "engineer" or "architect. if it is required in .your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy but only for the project designated in your written contract or written agreement and only with respect to .bodily injury," "property damage" or .personal and advertising injury" caused, at least in part, by .your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional insured(s), or B. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. With respect to the insurance afforded such additional insureds pursuant to this endorsement and the above referenced General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any .suit" seeking damages for "bodily injury," "property damage" or "personal and advertising injury," until We receiVe written notice from the additional insured I'eqliesting that we defend it in the "suit.. 2. The Limits of Insurance applicable to the additional insureds under this endorsement are the minimum limits specified in the written contract or agreement requiring this coverage, or as stated in SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in SECTION III of that form. 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: 8. Give written notice to us of an "occurrence" or an offense which may result in a claim. This shall include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Give written notice to us of a claim or "suit" brought against the additional insured including specifics of the claim or "suit" and the date it was received. c. Give written notice of such claim or "suit," including a demand for defense and indemnity, to any other insurer who had coverage for the claim or "suit" under its policy(ies), either at the time of, or at any time subsequent to the occurrence of the "bodily injury," "property damage" and/or the offense causing the "personal and advertising injury," which is the basis for such claims or "suit". (1) Such notification must demand the full coverage available under that policy; and GL-3084 (01/06) -2- jjATZ,t;K .IN\,;. ~UL.l\.;r NU. ~Lr ~L~L~O~ !";, (2) The additional insured shall not take any action to waive or limit such other coverage available to it. 4. This insurance does not apply to: a. "Bodily injury' "property damage' or 'personal and advertising injury" occurring after: (1) All work on the project (other than service, maintenance, or repairs) to be performed by you or on your behalf for the additional insured(s) has been completed; or (2) That portion of 'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. "Bodily injury' 'property damage' or 'personal and advertising injury' resulting from any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. c. 'Bodily injury" "property damage' or 'personal and advertising injury" resulting from work performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated (wrap-up) Insurance Program. d. 'Bodily injury," 'property damage' or "personal and advertising injury': (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (8) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer: architect or surveyor, and (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include: (8) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory or inspection activitieS performed as part of any related architectural or engineering activities, but does not include the general supervision of your operations on such project. (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added: 'Owner" means a person or organization who has ownership in the project premises, designated in your written contract or written agreement, at which you are performing operations. .Contractor" means a person or organization with whom you have agreed in a written contract or written agreement to perform operations for at the project designated in the written contract or written agreement. GL-3084 (01/06) -3- BATZER INC. POLICY NO. CLP 3252389 1 It .Construction Manager" means a person or organization designated as .construction manager" in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated in your written contract or written agreement. "Engineer" means a person or organization who has been engaged by the "owner", "contractor. or .construction manager" to perform engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. . Architect" means a person or organization who has been engaged by the "owner", "contractor. or .construction manager" to perform architectural services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agreed i? a written contract or written.a,greelTlent executed priClr to any los~. that this,insurance will be primary.t:lO~Ely~r, any other insurance specifically purchased for a designated project(s);rncludiflQ but n9t limited to additional insured coverage, owners contractors protective coverage, etc., will be primary with the insurance provided by this endorsement being excess. If this insurance is determined to be primary, we agree not to seek contribution from such other insurance only if you have so agreed in the written contract or written agreement. G AUTOMATIC WAIVER OF SUBROGATION ---- Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. TllInsfer of Rights of Recovery Agelnst Others to Us end Autometic Welver of Subrogation. e. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed priorto loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW e. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non renewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not GL-3084 (01/06) -4- , ACORD~. CERTIFICATE OF LIABILITY INSURANCE OP 10 S~ DATE (MM/DDIYYYV) BATZE-l 04/30/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Anchor Insurance - Portland HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1201 SW 12th Ave. , Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97205-2030 Phone: 503-224-2500 Fax: 503-224-9830 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Bituminous Casualty Corp INSURER B: St. Paul Fire , Marine Ins. Co Batzer Inc. INSURER C: PO Box 4460 INSURER D: Medford OR 97501 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'D~';!~1MMlDDlYYf P2~LC_Y EX~!.~R~N LIMITS LTR NSRI TYPE OF INSURANCE POLICY NUMBER DATE' (MMlDDIYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r-- A X X COMMERCIAL GENERAL LIABILITY CLP 3252389 05/01/08 05/01/09 PREMISES (Ea o~~~nce) $ 300,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 "I POLICY [Xl FJr8i n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 r-- A X ANY AUTO CAP 3521063 05/01/08 05/01/09 (Ea accident) r-- ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) r-- X HIRED AUTOS BODILY INJURY r-- (Per accident) $ X NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 B ~ OCCUR D CLAIMS MADE QK 08300356 05/01/08 05/01/09 AGGREGATE $5,000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND I TORY LIMITS I IVEir EMPLOYERS' LIABILITY EL. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER. EXCLUDED? EL. DISEASE - EA EMPLOYEE $ If yes, describe under EL. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: ENCLOSURE OF METAL BUILDING AT 90 NORTH MAOUNTAIN AVENUE - ASHLAND, OR THE CITY OF ASHLAND, OREGON, ITS OFFICERS, EMPLOYEES AND AGENTS ARE ADDITIONAL INSUREDS PER ATTACHED ENDORSEMENT GL 3084(12/01) WHICH FORMS A PART OF THE INSURED'S GENERAL LIABILITY POLICY. ~. tf/ ~;2C'J ( CERTIFICATE HOLDER CANCELLATION ASHLA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ R CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET ASHLAND OR 97520 @) CORD CORPORATION 1988 ACORD 25 (2001/08) TY RECORDER BATZER INC. POLICY NO. CLP 3252389 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDERS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of such provision. []] in the box next to the caption of A. IT] Partnership and Joint Venture Extension 8. m Contractors Automatic Additional Insured Coverage c. m Automatic Waiver of Subrogation D. m Extended Notice of Cancellation, Nonrenewal E. IT] Unintentional Failure to Disclose Hazards F. m Broadened Mobile Equipment G. m Personal Injury - Contractual Coverage H. IT] Nonemployment Discrimination I. m Liquor Liability J. m Broadened Conditions A. PARTNERSHIP AND JOINT VENTURE EXTENSION K. IT] Automatic Additional Insureds - Equipment Leases L. III Insured Contract Extension - Railroad Property and Construction Contracts M. m Turnkey Jobs - Coverage For Alienated Premises N. IT] Construction Project General Aggregate Limits o. m Fellow Employee Coverage P. m Property Damage Liability - Elevators o. m Property Damage to the Named Insured's Work R. [I] Care, Custody or Control s. III Concrete Rework Labor Reimbursement Coverage The last full paragraph which reads as follows: The following provision is added to SECTION 11- WHO IS AN INSURED: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you, and others identified in items 108., 1.b., and 1.c., subject to the conditions and limitations contained therein, are insureds, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. GL-3084 (01/06) -1- BATZER INC. POLICY NO. CLP 3252389 ~ ;:" A partnership or joint venture, not shown as a Named Insured in the Declarations, of which you have 33% or more ownership interest at the time of .bodily injury" or .property damage" caused by an "occurrence" or "personal and advertising injury" caused by an offense, is an insured, provided that no other similar liability insurance is available to that partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDmONAL INSURED COVERAGE SECTION II- WHO IS AN INSURED Is amended to Include: Any "owner", "contractor", "construction manager", "engineer" or "architect" if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy but only for the project designated in your written contract or written agreement and only with respect to "bodily injury," "property damage" or "personal and advertising injury" caused, at least in part, by your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional insured(s), or B. Acts or omissions of the additional insured(s) in connection with their general supervision of such operations. With respect to the insurance afforded such additional insureds pursuant to this endorsement and the above referenced General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any "suit" seeking dama~es for "bodily injury," "property damage" or "personal and advertising injury,. until we receiVe written notice from the additional insured requesting that we defend it in the .suit." 2. The Limits of Insurance applicable to the additional insureds under this endorsement are the minimum limits specified in the written contract or agreement requiring this coverage, or as stated in SECTION III- LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in SECTION III of that form. 3. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Give written notice to us of an "occurrence" or an offense which may result in a claim. This shall include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Give written notice to us of a claim or "suit" brought against the additional insured including specifics of the claim or .suit" and the date it was received. c. Give written notice of such claim or "suit," including a demand for defense and indemnity, to any other insurer who had coverage for the claim or .suit" under its policy(ies), either at the time of, or at any time subsequent to the occurrence of the "bodily injury," "property damage" and/or the offense causing the .personal and advertising injury,. which is the basis for such claims or "suit", (1) Such notification must demand the full coverage available under that policy; and GL-3084 (01/06) -2- BATZER INC. POLICY NO. eLP 3252389 (2) The additional insured shall not take any action to waive or limit such other coverage available to it. 4. This insurance does not apply to: 8. "Bodily injury" "property damage" or "personal and advertising injury" occurring after: (1) All work on the project (other than service, maintenance, or repairs) to be performed by you or on your behalf for the additional insured(s) has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. "Bodily injury" .property damage" or "personal and advertising injury. resulting from any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. c. "Bodily injury" .property damage" or .personal and advertising injury" resulting from work performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated (wrap-up) Insurance Program. d. "Bodily injury," "property damage" or .personal and advertising injury.: (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (8) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer, architect or surveyor, and \ (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include: (8) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does not include the general supervision of your operations on such project. (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added: "Owner" means a person or organization who has ownership in the project premises, designated in your written contract or written agreement, at which you are performing operations. "Contractor" means a person or organization with whom you have agreed in a written contract or written agreement to perform operations for at the project designated in the written contract or written agreement. GL-3084 (01/06) -3- BATZER INC. POLICY NO. CLP 3252389 . ~ ~ .Construction Manager" means a person or organization designated as .constructlon manager" in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated in your written contract or written agreement. "Engineer" means a person or organization who has been engaged by the "owner", "contractor" or "construction manager" to perform engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. "Architect" means a person or organization who has been engaged by the "owner., .contractor" or "construction manager" to perform architectural services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insured(s) whether primary, excess, contingent or on any other basis unless you have agree<;l i? a written contract or written.ag(e~rn~ntexecuted priqrtoany los~ !hat this >.insurance will be' primary. Howe~~r,any other insurance specifically plJrchased for a designated project(s)ilhcludi~g but n()t limited to additional insured coverage, owners contractors protective coverage, etc., will be primary with the insurance pr't>vided by this endorsement being excess. If this insurance is determined to be primary, we agree not to seek contribution' from such other insurance only if you have so agreed in the written contract or written agreement. G AUTOMATIC WAIVER OF SUBROGATION - Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDmONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are fransferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring .suit. or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of .your work" for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDmONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDmONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not GL-3084 (01/06) -4-