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HomeMy WebLinkAboutPro Track and Tennis Inc.-10/6/2014CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2014 BYRNES TENNIS COMPLEX RESURFACING PROJECT This Contract made and entered into this 6th day of October 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Pro Track and Tennis Inc., Bennington, Nebraska, hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the 2014 BYRNES TENNIS COMPLEX RESURFACING PROJECT described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond f. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and CONTRACT page 1 of 2 in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Sum of Fifty -One Thousand Six Hundred twenty Dollars($51,620.00) City f Waterloo, Iowa rnest G. .lark, Mayor Contractor: Pro Track and Tennis Inc. Lance Laurent, resident Suzy Schares,,Ci • lerk Approved by the City Council of the City of Waterloo, Iowa, this 6th day of October 2014. CONTRACT page 2 of 2 IADocument A312TM - 2010 Performance Bond CONTRACTOR: Pro Track and Tennis, Inc. 7409 North 160th Street Bennington NE 68007 OWNER: City of Waterloo, IA - Department of Leisure Services 620 Mulberry Street Waterloo IA 50703 Bond Number 1001029870 SURETY: American Contractors Indemnity Company 601 S. Figueroa St. Ste 1600, Los Angeles, CA 90017 CONSTRUCTION CONTRACT Date: 10/6/2014 Amount $51,620.00 Fifty One Thousand Six Hundred Twenty and 00/100's Dollars Description: Recolor Coat 16 Tennis Courts 2014 Byrnes Tennis Complex Resurfacing Project Location: Waterloo, IA BOND Date: 9/25/2014 Amount $51,620.00 Fifty One Thousand Six Hundred Twenty and 00/100's Dollars Modifications to this Bond: None 0 See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Pro Track and Tennis, Inc. Signature: Name and Title:1A....eda 4Re-Ses: Address: Pres This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY Company: (Corporate Seal) American Contractors Indemnity Company Signature; /�/ ° �� " U � Y-ftwiu\-„, Name and Title: Chelsea A Bremer, Attorney -in -Fact Address: 7191 Knoilwood Drive, Mounds View, MN 55112 74e 9 -V /64:, s r $��..-4.�i.� fc�ria..� .a6 a= roecs 7 (FOR INFORMATION ONLY— Name, address and telephone) AGENT of BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other pare} .) Intl: § 1 The Contractor and Surety, jointly and severally. bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 lithe Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 52 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable pro rupoless, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. MA Document A312" — 2010. The American Institute of Architects. 2 Mit t § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Defnitlons § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Oirmer Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Const action Contract § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A312"' —2010. The American Institute of Architects. 3 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing an the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address NA Document A312n — 2010. The American institute of Architects. 4 ACKNOWLEDGEMENT OF SURETY State of Minnesota County of Hennepin On this the 91541' day of S bo+ b'V , 2014, before me, Kerri Ann Hatton Notary Public, personally appeared Chelsea A. Bremer , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me all that he/she executed the same in his/her authorized capacities, and that by his/her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EsAAM VVVV Vvv��/V\nnn §�;� bERRI ANN HATTON _'_ N7i�ac' „`'UB,_I - MINNESOTA 1��,'. +r COMMISSION � ; FX ,FRES JP 31, 2016 o ACKNOWLEDGEMENT OF PRINCIPAL (Corporation) State of tAeio rets County of -Pettkin36.7 On this the y`' day of S -e V 3ie4' , 20 Or , before me personally appeared ` . , to me known, who, being duly sworn, did say th/she is the of f)rt Trac [c A� S ,a corporation, that the seal affixed to the foregoing bond is the corporate seal of the corporation, and that said bond was executed on behalf of the corporation by authority of its Board of Directors. State of County of ACKNOWLEDGEMENT OF PRINCIPAL (Individual or Partnership) On this the day of , 20 , before me personally appeared , to me known to be the person described in and who executed the foregoing bond and acknowledges to me that he/she executed the same. Notary Public er---"m=ksictr, ,6r 4,. detis 04,2,12xy (4,.•0111 owiro POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STI, DIST PINY U.S. SPECIAY INSURM OMPANY O ILL BY THESE TI �i' iX kT rican Contracts M , a California - rpora ion— ocas- oMing Company, an assumed nanie"of Ainericaii Contractors Indemnit mpany, United States Surety Company, fatilaryWid corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: - - Kerri Ann Ilielsea A Bremer or pav41 J d t -ue anlasttorne -tn-i ._a in eii a capacity f mote t$ian Y(s) � P ty ione is mairi�d above, with full P herehy conl•erred in its name, place and stems o execute, acknowledge and deliver any and all bonds, recognizanct mMwtakfts or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). on December 08, 2016. This Power of is graned under and by win resolutionst 4p of Directors of Co ie y g expire eI -tl Ir This Power o i� den anyvI�a�� � �' without mach Io Ili = fit i t t ide Pte dedt, a y ASsiita tl t Llrioe'-President, any _t, ��t�n shall be and i� ere�yteii11 - a mt anyone or m _=-- = ppo ore suitable persons as Atltomey(s)-in-Fact to rept aas€Thr a on�tialf of the Company siliject login provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability =hereunder, and instruments so executecl= anysuch act shall be binding uponth Pm anf Signed d by the President and sealedand effeeter Cariorate &cremeI. q I &t Rlv tsignature of any atuisieeC4n Company heretofore or hereafter affixed to any power of attorney sr-anveicaret therets sy facsimile, and any power of attoitie4fsr, certificate be ing facsimile signature or facsimile seal shall be valid and binding upon the ( ny ei rrespe to -- any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day ofDec tuber, 2012. AMERIC, NCOMPM4Y t i MPANY UNITED STATES SURETY COMPANY U.S. SP' M`''SIN PANY .'11cTictraTe INCORPORATED - 5 DEFT. 25, is9D-'"_c e ofCalifaiti g y so -4.4;x 3 y: t�etuui°w,nl �l' to tauwlur b,1NG "unsure r % _C 11117.lEi 2g= xi.a uwiimt+`° - _C-owitrof-F s geles SS: On 10th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument -ikhlekniMaEgtto me or t e ty upon that theolds he yrs eiil f„ his authorized _capa ity d signature on the inst en�te=- behalf Of which s) acted, executed Thz Daniel P. Aguilar, Vice President I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true ad -correct. WITNESS my hand and official seal. Cainntissicit **558319 Mabr-Mends alas AMR* Cttstn#tr cram. ExpostJ1&1) I nnie=U ssistant Secretary tan asntractors Indemnity Company, Texas Bonding Company, U t ty—' Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. -1_ I have hereunto set Corporate Seals iced the seals ofdteles, Californiathis tttAttpLy,� '77 ,MtItUNlUp�l `4o�Z'S'5CTO�-..~e °�J'SutyFrJ-�'. Kant Kopy' K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kant Kopy K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free Kant Kopy K1 Security Paper • Hiddgtr 11.311344,9 p9, ° . Cur Mptgh Ar itietal WaieM i /k •, ,Ar.;irCopy Coin'r.u!'i' • Erasure Protection Security Featyr?.13 Sox !' Microprint Patb%!iion • Acid Frge Kan't Kopy' K1 Security Paper • Hidden Pantograph • Color Match • Artificial Watermark • Anti -Copy Coin Rub • Erasure Protection • Security Features Box • Microprint Protection • Acid Free ...-.......,......E.•CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Elite Insurance Services Inc 11909 P Street, Suite 203 Omaha NE 68137 CONTACT Kris Grube NAME: MID. No(402) 691-8118 FAX (402)691-8140 (ANC. NM: E-MAIL ADDRESS: kris@elitins4u.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Columbia National Insurance Co. 19640 INSURED Pro Track & Tennis, Inc. Lance Laurent 7409 N 160th St Bennington NE 68007 cnvroArnre ...-.-.�..-....,_....----- --- -- -- - - INSURER B :Progressive Northern 38628 INsuRERc:Columbia Mutual Insurance Co. 40371 INSURER D : $ 2,000,000 INSURERS: $ 100, 000 INSURER F: -- THIS INDICATED. CERTIFICATE EXCLUSIONS INSR ----------•• ---- Rrinolunirvumtstrt: IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADM INSR SUBR WVD POUCY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) UMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X CMPNE0000013206 6/16/2014 6/16/2015 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100, 000 A CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL BADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n jE n LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE X X UABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS '--- x SCHEDULED AUTOS AUTOS NON -OWNED 08076710-3 6 / 2 16/014 6/16/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ BED $ A X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE CUPNE0000013206 6/16/2014 6/16/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A WCPNE000 00132 0 6 6/16/2014 6/16/2015 X WC STATU- TORY LIMITS OTH- FR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The City of Waterloo, Iowa is included as an additional insured per form CG500 attached. CANCELLATION (319) 291-4297 Travis.nichols@waterloo-ia Waterloo Leisure Services Travis Nichols Facilities/Project Manager 1101 Campbelle Ave Waterloo, IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Tim Lorang/GRUBE ACORD 25 (2010/05) INS025 onlnnnl m © 1988-2010 ACORD CORPORATION. All rights reserved. Tho Artom l name and Innn aro ranictararl marlrc of Armmn CMPNE0000013206 CG -500 (12-11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PREMIER ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The following paragraph is replaced under 2. Exclusions, g. Aircraft, Auto Or Watercraft: (2) A watercraft you do not own that is: (a) 50 feet or less; and (b) Not being used to carry persons or property for a charge; The following paragraph is replaced under 2. Exclusions, j. Damage To Property: (4) Personal property in the care, custody or control of the insured. However, coverage for personal property in the care, custody or control of the insured will be covered up to $10,000 per "occurrence" subject to a $1,000 per claim deductible. The aggregate limit for this coverage is $20,000. The following paragraph is added to 2. Exclusions, j. Damage To Property: This exclusion does not apply to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The most we will pay for water damage to the premises, however, is $25,000. This amount shall not be in addition to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. The following is added to 2. Exclusions, n. Recall Of Products, Work Or Impaired Property: This exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the following additional exclusions apply to "product recall expense": (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause Toss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean-up resulting from asbestos or asbestos containing materials; (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found; (9) "Bodily injury" or "property damage"; (10) Any actual or alleged violation of any copyright, patent, trade dress, trademark, trade name, trade secrets, or any other intellectual property right laws; or (11) "Product recall expenses" you incur for "your products" which are excluded from any other insurance written by this company. The most we will pay for "product recall expense" arising out of the same defect or deficiency is $25,000 per occurrence. CG -500 (12-11) Page 1 of 7 CG -500 (12-11) The last paragraph under 2. Exclusions is replaced by the following: With respect to the premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c., d., e., g., h., j., k., I., m., and n. do not apply to "property damage". A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B The following is revised: 1 .b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1 .d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED Paragraph 3. is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; d. "Product recall expense" does not apply to "product recall expenses" arising out of any withdrawal or recall that occurred before you acquired or formed any organization; and e. If you are engaged in the business of construction of dwellings three stories or Tess in height, or other buildings three stories or less in height and Tess than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. But, this provision only applies if you maintain or maintained an interest of at least 50 percent in that partnership or joint venture for the period of that relationship. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than 36 months. This coverage extension will be excess over any other coverage, on any basis, available to the insured, and will be subject to the Other Insurance provisions of this policy for Excess Insurance. The following paragraphs are added: 4. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: CG -500 (12-11) Page 2 of 7 CG -500 (12-11) a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (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. 5. Any person(s) or organization(s) (referred to below as vendor) but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 6. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (5) (7) (8) CG -500 (12-11) Page 3 of 7 CG -500 (12-11) A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 7. 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 and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization. SECTION III — LIMITS OF INSURANCE The following paragraphs are replaced by the following: 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and "product recall expense". 6. Subject to 5. above, the Damage To Premises Rented To You Limit of $300,000 is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is $10,000. Coverage is amended to include the following: Designated Location General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION I), and for all medical expenses caused by accidents under Coverage C (SECTION I), which can be attributed only to operations at a single designated "location": a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Location General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per "location". b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location". d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION I), and for all medical expenses caused by accidents under Coverage C (SECTION I), which cannot be attributed only to operations at a single designated "location": CG -500 (12-11) Page 4 of 7 CG -500 (12-11) a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location General Aggregate Limit. 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 the General Aggregate Limit nor the Designated Location General Aggregate Limit. For the purposes of Designated Location General Aggregate Limit, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only be a street, roadway, waterway or right-of-way of a railroad. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. Designated Construction Project General Aggregate Limit For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION I), and for all medical expenses caused by accidents under Coverage C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project: a. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Construction Project General Aggregate Limit will apply, however, only when a written contract exists requiring the General Aggregate Limit to apply per designated construction project. b. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (SECTION I), and for all medical expenses caused by accidents under Coverage C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project: a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. 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 the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. CG -500 (12-11) Page 5 of 7 CG -500 (12-11) If the applicable designated 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. The provisions of Limits Of Insurance not otherwise modified shall continue to apply as stipulated. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The following paragraphs are added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expenses": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; As often as may be reasonably required, permit us to inspect "your product" and examine your books and records to prove the loss. Also permit us to take damaged and undamaged samples of "your product" for inspection, testing, and analysis, and let us make copies of your books and records. (4) Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and Permit us to examine under oath, away from the presence of other insureds, at such times as may reasonably be required, about any matter, relating to this insurance or your claim, including any insured's books and records in the event of an examination. An insured's answers must be signed. (6) Cooperate with us in the investigation or settlement of the claim. Coverage is amended to include the following: Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Transfer of Rights of Recovery Against Others to Us 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 ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver, however, applies only when required to waive such right of recovery by written contract with that person or organization. Knowledge Of Occurrence, Claim, Suit Or Loss The requirements for reporting and sending claim or "suit" information to us, including provisions related to the subsequent investigation of such claims or "suits," do not apply until after the "occurrence" or offense is known to: (3) (5) (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. CG -500 (12-11) Page 6 of 7 CG -500 (12-11) SECTION V — DEFINITIONS The following are added to SECTION V — DEFINITIONS: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product recall expense" means necessary and reasonable expenses for: a. Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; b. Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; c. Remuneration paid to your regular "employees" for necessary overtime; d. Hiring additional persons other than your regular "employees"; e. Expenses incurred by "employees" including transportation and accommodations; f. Expense to rent additional warehouse or storage space; g. Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; you incur exclusively for the purpose of recalling "your product"; and h. Transportation expenses incurred to replace recalled products. CG -500 (12-11) Page 7 of 7