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Statewide Stripes Inc; 2022-02-14; PWM22-1762TRAN
PWM22-1762TRAN TAMARACK AVE RESTRIPING NEAR HOPE ELEMENTARY Page 1 of 6 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT TAMARACK AVE. RESTRIPING NEAR HOPE ELEMENTARY Work Orders: 656732-656747 This agreement is made on the ______________ day of _________________________, 2022, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Statewide Stripes, Inc., a California corporation whose principal place of business is P.O. Box 600710, San Diego, CA 92160-0710 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Michael O'Brien (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 14th February PWM22-1762TRAN TAMARACK AVE RESTRIPING NEAR HOPE ELEMENTARY Page 2 of 6 City Attorney Approved 1/20/2020 Jason McElveny Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 PWM22-1762TRAN TAMARACK AVE RESTRIPING NEAR HOPE ELEMENTARY Page 3 of 6 City Attorney Approved 1/20/2020 BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete job within seven (7) working days after commencement of work. CONTRACTOR’S INFORMATION. Statewide Stripes, Inc. P.O. Box 600710 (name of Contractor) 788286 (street address) San Diego, CA 92160-0710 (Contractor’s license number) C2 12/31/22 (city/state/zip) 858-560-6887 (license class. and exp. date) 1000001334 (telephone no.) N/A (DIR registration number) 6/30/23 (fax no.) sean@statewidestripes.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 PWM22-1762TRAN TAMARACK AVE RESTRIPING NEAR HOPE ELEMENTARY Page 4 of 6 City Attorney Approved 1/20/2020 AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR STATEWIDE STRIPES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Jason McElveny, Vice-President & Secretary Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 PWM22-1762TRAN TAMARACK AVE RESTRIPING NEAR HOPE ELEMENTARY Page 5 of 6 City Attorney Approved 1/20/2020 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 PWM22-1762TRAN TAMARACK AVE RESTRIPING NEAR HOPE ELEMENTARY Page 6 of 6 City Attorney Approved 1/20/2020 EXHIBIT B Tamarack Ave. Restriping Near Hope Elementary Contractor shall provide all labor, equipment and materials necessary to complete the installation of various roadway lines, legends and pavement markings as directed in City of Carlsbad Work Orders 656732 – 656747 (Exhibit C), located on Tamarack Ave., excluding sign and curb paint work. All work shall conform with the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD), the Carlsbad Engineering Standards, and the latest edition of the Standard Specifications for Public Works Construction “Greenbook” including removal of existing materials being replaced. Contractor shall be responsible for color matching, apply for and receive approved no-fee Right-of-Way (ROW) permit and traffic control plans (if needed) and provide all required traffic control prior to commencing work. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 11 Tamarack Ave. Roadway Repaint: Work Orders #656732- 656747 $9,728 TOTAL* $9,728 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 Exhibit CDocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 DocuSign Envelope ID: 9ED3AE3A-5212-42BD-90C0-89853BF3D525 02/04/2022 CMR Risk & Insurance Services License #0E59760 110 W A Street, Ste. 725 San Diego CA 92101 Hannah McGarvey (619) 297-3160 (619) 297-3111 hmcgarvey@cmrris.com Statewide Stripes, Inc. 7320 Mission Gorge Rd. San Diego CA 92120 National Fire Ins of Hartford 20478 Transportation Insurance Company 20494 Continental Insurance Company 35289 American Casualty Co of Reading, PA 20427 2022 All Lines A BI/PD Deductible: $3,000 7017922796 01/01/2022 01/01/2023 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 B 7017922801 01/01/2022 01/01/2023 1,000,000 C 0 7017922829 01/01/2022 01/01/2023 10,000,000 10,000,000 D Y 70117922815 01/01/2022 01/01/2023 1,000,000 1,000,000 1,000,000 SWS Job #3825 - PWM22-1759TRAN - Various Long Lines Restriping City of Carlsbad Additional Insured Status is provided per the terms and conditions of form CNA74705XX/CNA75079XX (General Liability) and CNA63359XX (Auto). Primary and Non-contributory status is provided per the terms and conditions of form CNA74705XX (General Liability) and CNA63359XX (Auto). Waiver of Subrogation status is provided per the terms and conditions of form CNA74705XX (General Liability), CNA63359XX (Auto), and G19160B(Workers Compensation). Should any of the above referenced policies be cancelled before the expiration date thereof, notice will be provided per the policy provisions. City of Carlsbad 1635 Faraday Ave Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 01/01/2022 01/01/2023 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed ass follows: I.WHO IS AN INSURED Insured NamedThesectionisamendedtooaddassananypersonororganizationwhomthe Insured written contract coverage part,is required byby too add ass an additional insured on this including any such person or organization,if any,specifically set forth on the Schedule attachment too this endorsement.However,such Insuredpersonororganizationisan only with respect too such person or organization’s liability for: A.B.unless paragraph below applies, 1.bodily injury property damage personal and advertising injury,or caused in whole or in part byby the acts Named Insured Named Insured’soromissionsbybyoronbehalfofoftheandintheperformanceofofsuch written contractongoingoperationsassspecifiedinsuch;or 2..bodily injury property damage your work products-or caused in whole or in part byby and included in the completed operations hazard,and only if a..written contract Named Insuredtherequiresthe too provide the additional insured such coverage;and b.coverage partthis provides such coverage. B.bodily injury,property damage,personal and advertising injury your workorarisingoutofof described in such written contract,but only if: 1.coverage part bodily injury property damage productsthisprovidescoveragefororincludedwithinthe completed operations hazard;and 2..written contract Named Insuredthespecificallyrequiresthe too provide additional insured coverage under the 11-85 or 10-01 edition ofof CG2010 or the 10-01 edition ofof CG2037. II.Subject always too the terms and conditions ofof this policy,including the limits ofof insurance,the Insurer will not provide such additional insured with: A.written contractcoveragebroaderthanrequiredbybythe;or B.written contractahigherlimitofofinsurancethanrequiredbybythe. III.bodily injury propertyTheinsurancegrantedbybythisendorsementtootheadditionalinsureddoesnotapplytoo damage personal and advertising injury,or arising out of: A.the rendering of,or the failure too render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing too 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;or B.any premises or work for which the additional insured is specifically listed ass an additional insured on another coverage partendorsementattachedtoothis IV.COMMERCIAL GENERAL LIABILITY CONDITIONS,Notwithstanding anything too the contrary in the section entitled Other InsurancetheConditionentitled,this insurance is excess ofof all other insurance available too the additional writteninsuredwhetheronaprimary,excess,contingent or any other basis.However,if this insurance is required byby CNA75079XX (1-15)Policy No: 2Page1ofof2EndorsementNo: VALLEY FORGE INSURANCE COMPANY EffectiveDate:Insured Name: Copyright CNA All Rights Reserved.Includes copyrightedmaterialofof Insurance Services Office,Inc.,with its permission.10020003660246056362147: Statewide Stripes,Inc. 7017922796 01/01/2022 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement contract too bee primary and non-contributory,this insurance will bee primary and non-contributory relative solely too insurance on which the additional insured is a named insured. V.COMMERCIAL GENERALSolelywithrespecttootheinsurancegrantedbybythisendorsement,the section entitled LIABILITY CONDITIONS is amended ass follows: Duties In The Event ofof Occurrence,Offense,Claim or SuitTheConditionentitled is amended with the addition ofof the following: Any additional insured pursuant too this endorsement will ass soon ass practicable: 1.claim occurrence claimgivetheInsurerwrittennoticeofofany,or any or offense which may result in a ; 2..except ass provided in Paragraph IV.ofof this endorsement,agree too make available any other insurance the coverage partadditionalinsuredhasforanylosscoveredunderthis 3..send the Insurer copies ofof all legal papers received,and otherwise cooperate with the Insurer in the claiminvestigation,defense,or settlement ofof the ;and 4..claimtenderthedefenseandindemnityofofany too any other insurer or self insurer whose policy or program coverage part written contractappliestooalossthattheInsurercoversunderthisHowever,if the requires (4)this insurance too bee primary and non-contributory,this paragraph does not apply too insurance on which the additional insured is a named insured. The Insurer has noo duty too defend or indemnify an additional insured under this endorsement until the Insurer claimreceiveswrittennoticeofofa from the additional insured. VI.DEFINITIONSSolelywithrespecttootheinsurancegrantedbybythisendorsement,the section entitled is amended too add the following definition: Written contract Named Insuredmeansawrittencontractorwrittenagreementthatrequiresthe too make a person coverage partororganizationanadditionalinsuredonthis provided the contract or agreement: A.is currently in effect or becomes effective during the term ofof this policy;and B.was executed prior to: 1.bodily injury property damagetheor;or 2..personal and advertising injurytheoffensethatcausedthe for which the additional insured seeks coverage. Any coverage granted byby this endorsement shall apply solely too the extent permissible byby law. All other terms and conditions ofof the Policy remain unchanged. This endorsement,which forms a part ofof and is for attachment too the Policy issued byby the designated Insurers,takes effect on the effective date ofof said Policy atat the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX (1-15)Policy No: 2Page2ofof2EndorsementNo: VALLEY FORGE INSURANCE COMPANY InsuredName: Copyright CNA All Rights Reserved.Includes copyrightedmaterialofof Insurance Services Office,Inc.,with its permission. 7017922796 Statewide Stripes, Inc. EffectiveDate:01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY COVERAGE PARTIt is understood and agreed that this endorsement amends the as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3.Bodily Injury –Expanded Definition 4.Broad Knowledge of Occurrence/Notice of Occurrence 5.Broad Named Insured 6.Broadened Liability Coverage For Damage To Your Product And Your Work 7.Contractual Liability -Railroads 8.Electronic Data Liability 9.Estates,Legal Representatives and Spouses 10.Expected Or Intended Injury –Exception for Reasonable Force 11.General Aggregate Limits of Insurance –Per Project 12.In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership/Limited Liability Companies 15.Legal Liability –Damage To Premises /Alienated Premises /Property In The Named Insured's Care, Custody or Control 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury –Discrimination or Humiliation 21.Personal And Advertising Injury -Contractual Liability 22.Property Damage -Elevators 23.Supplementary Payments 24.Unintentional Failure To Disclose Hazards 25.Waiver of Subrogation –Blanket 26.Wrap-Up Extension:OCIP CCIP,or Consolidated (Wrap-Up)Insurance Programs Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 1of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139001/01/2022Statewide Stripes, Inc,. CNA PARAMOUNT Contractors'General Liability Extension Endorsement 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED Insuredisamendedtoinclude as an any person or organization described in paragraphsA. H.Named Insured Coverage Partthroughbelowwhomaisrequiredto add as an additional insured on this under a written contract or written agreement,provided such contract or agreement: (1)Coverage Partiscurrentlyineffectorbecomeseffectiveduringthetermofthis;and (2)was executed prior to: (a)bodily injury property damagetheor;or (b)personal and advertising injurytheoffensethatcausedthe, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement;or (2)coverage broader than required by such contract or agreement,and in no event broader than that described A. H.by the applicable paragraph through below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Named InsuredAnypersonororganizationwithacontrollinginterestina,but only with respect to such person or bodily injury property damage personal and advertising injuryorganization's liability for ,or arising out of: 1.Named Insuredsuchpersonororganization's financial control of a ;or 2.Named Insuredpremisessuchpersonororganizationowns,maintains or controls while a leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. B.Co-owner of Insured Premises Named InsuredAco-owner of a premises co-owned by aandcoveredunderthis insurance but only with respect bodily injury property damage personal and advertising injurytosuchco-owner's liability for ,or as co-owner of such premises. C.Lessor of Equipment Named InsuredAnypersonororganizationfromwhoma leases equipment,but only with respect to liability forbodilyinjurypropertydamagepersonalandadvertisinginjuryNamed,or caused,in whole or in part,by theInsured's occurrencemaintenance,operation or use of such equipment,provided that the giving rise to suchbodilyinjurypropertydamagepersonalandadvertisinginjury,or the offense giving rise to such takes place prior to the termination of such lease. D.Lessor of Land Named Insured bodilyAnypersonororganizationfromwhomaleaseslandbutonlywithrespecttoliabilityfor injury property damage personal and advertising injury,or arising out of the ownership,maintenance or use occurrence bodily injury property damageofsuchland,provided that the giving rise to such ,or the offense personal and advertising injurygivingrisetosuch takes place prior to the termination of such lease.The Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 2of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. E.Lessor of Premises Named InsuredAnownerorlessorofpremisesleasedto the ,or such owner or lessor's real estate manager,but bodily injury property damage personal and advertising injuryonlywithrespecttoliabilityfor,or arising out of Named Insuredtheownership,maintenance or use of such part of the premises leased to the ,and provided that occurrence bodily injury property damage personalthegivingrisetosuchor,or the offense giving rise to such and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver's bodily injury property damage personal and advertising injury Namedliabilityfor,or arising out of the Insured's Named Insuredownership,maintenance,or use of a premises by a . The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. G.State or Governmental Agency or Subdivision or Political Subdivisions –Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but bodilyonlywithrespecttosuchstateorgovernmentalagencyorsubdivisionorpolitical subdivision's liability for injury property damage personal and advertising injury,or arising out of: 1.Named Insuredthefollowinghazardsinconnectionwithpremisesa owns,rents,or controls and to which this insurance applies: a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b.the construction,erection,or removal of elevators;or c.the ownership,maintenance or use of any elevators covered by this insurance;or 2.Named Insured Named Insured'sthepermittedorauthorized operations performed by a or on a behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury property damage personal and advertising injury,or arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b.Bodily injury property damage products-completed operations hazardorincludedwithinthe. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H.Trade Show Event Lessor 1.Named Insured'sWithrespectto a participation in a trade show event as an exhibitor,presenter or displayer, Named Insuredanypersonororganizationwhomthe is required to include as an additional insured,but only bodily injury property damage personal andwithrespecttosuchpersonororganization's liability for ,or advertising injury caused by: Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 3of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139101/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement a.Named Insured'sthe acts or omissions;or b.Named Insured'stheactsoromissionsofthoseactingon the behalf, Named Insured'sintheperformanceof the ongoing operations at the trade show event premises during the trade show event. 2.bodily injury property damageThecoveragegrantedbythisparagraphdoesnotapplytoor included within products-completed operations hazardthe. 2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE Other Insurance COMMERCIAL GENERAL LIABILITY CONDITIONSTheConditioninthe Section is amended to add the following paragraph: Named InsuredIfthe has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not 2.seek contribution from that other insurance.For the purpose of this Provision ,the additional insured's own insurance means insurance on which the additional insured is a named insured.Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.BODILY INJURY –EXPANDED DEFINITION DEFINITIONS bodily injuryUnder,the definition of is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE CONDITIONS Duties in The Event of Occurrence,Offense,Claim or SuitUnder,the condition entitled is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE Named Insured occurrenceThemustgivetheInsurerortheInsurer's authorized representative notice of an , claim occurrence claim Named Insuredoffenseoronlywhenthe,offense or is known to a natural person ,to a Named Insured employeepartner,executive officer,manager or member of a ,or an designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE Named Insured's Coverage Part Named InsuredTherightsunderthiswillnot be prejudiced if the fails to give occurrence claim Named Insured'stheInsurernoticeof an ,offense or and that failure is solely due to the bodily injury property damage Coverage Partreasonablebeliefthat the or is not covered under this .However, Named Insured occurrence claimtheshallgivewrittennoticeofsuch,offense or to the Insurer as soon as the Named Insured occurrence claimisawarethatthisinsurancemayapplytosuch,offense or . 5.BROAD NAMED INSURED WHO IS AN INSURED 3.is amended to delete its Paragraph in its entirety and replace it with the following: 3.4.Named InsuredPursuantto the limitations described in Paragraph below,any organization in which a has management control: a.Coverage Parton the effective date of this ;or Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 4of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement b.Named Insured policy periodbyreasonof a creating or acquiring the organization during the , Named Insuredqualifiesasa,provided that there is no other similar liability insurance,whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit,and without regard to whether its coverage is broader or narrower than that provided by this insurance. BROAD NAMED INSUREDButthis provision does not apply to: (a)any partnership,limited liability company or joint venture;or (b)Coverage Partanyorganizationforwhichcoverageisexcludedbyanotherendorsementattachedtothis. For the purpose of this provision,management control means: A.owning interests representing more than 50%of the voting,appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B.having the right,pursuant to a written trust agreement,to protect,control the use of,encumber or transfer or sell property held by a trust. 4.Named Insureds 3.With respect to organizations which qualify as by virtue of Paragraph above,this insurance does not apply to: a.bodily injury property damageor that first occurred prior to the date of management control,or that first occurs after management control ceases;nor b.personal or advertising injury caused by an offense that first occurred prior to the date of managementcontrolorthatfirstoccursaftermanagementcontrolceases. 5.Coverage Part Named InsuredsTheinsuranceprovidedbythisappliesto when trading under their own namesNamedInsuredorundersuchothertradingnamesordoing-business-as names (dba)as any should choose to employ. 6.BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A.COVERAGES Coverage A –Bodily Injury and Property Damage LiabilityUnder,,the paragraph entitled Exclusions k.I.is amended to delete exclusions and and replace them with the following: This insurance does not apply to: k.Damage to Your Product Property damage your productto arising out of it,or any part of it except when caused by or resulting from: (1)fire; (2)smoke; (3)collapse;or (4)explosion. I.Damage to Your Work Property damage your work products-completedtoarisingout of it,or any part of it and included in the operations hazard. This exclusion does not apply: (1)NamedIfthedamagedwork,or the work out of which the damage arises,was performed on the Insured's behalf by a subcontractor;or Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 5of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139201/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement (2)If the cause of loss to the damaged work arises as a result of: (a)fire; (b)smoke; (c)collapse;or (d)explosion. B.LIMITS OF INSURANCEThefollowingparagraphisadded to : 5.Coverage A damagesSubjecttoabove,$100,000 is the most the Insurer will pay under for the sum of arising occurrence property damage your product your workout of any one because of to and that is caused by fire, product-completed operations hazardsmoke,collapse or explosion and is included within the .This sublimit property damage your workdoesnotapplytoto if the damaged work,or the work out of which the damage Named Insured'sarises,was performed on the behalf by a subcontractor. C.Broadened Liability Coverage For Damage To Your Product And Your WorkThis Provision does not apply if an endorsement of the same name is attached to this policy. 7.CONTRACTUAL LIABILITY –RAILROADS insured contractWithrespecttooperationsperformedwithin50 feet of railroad property,the definition of is replaced by the following: Insured Contract means: a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies Named Insuredanypersonororganizationfordamagebyfiretopremiseswhilerentedto a or temporarily Named Insured insured contractoccupiedbyawithpermissionof the owner is not an ; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.Named Insured'sThatpartofanyothercontractoragreementpertainingto the business (including an Namedindemnificationof a municipality in connection with work performed for a municipality)under which the Insured bodily injury property damageassumesthetortliabilityofanotherpartytopayforor to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. f.Paragraph does not include that part of any contract or agreement: (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage; (2)InsuredUnderwhichthe,ifan architect,engineer or surveyor,assumes liability for an injury or damage (1)arising out of the insured's rendering or failure to render professional services,including those listed in above and supervisory,inspection,architectural or engineering activities. 8.ELECTRONIC DATA LIABILITY Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 6of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement A.COVERAGES Coverage A –Bodily Injury and Property Damage LiabilityUnder,,the paragraph entitled Exclusions p.Electronic Dataisamendedtodeleteexclusion and replace it with the following: This insurance does not apply to: p.Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1)any access to or disclosure of any person's or organization's confidential or personal information, including patents,trade secrets,processing methods,customer lists, financial information,credit card information,health information or any other type of nonpublic information;or (2)the loss of, loss of use of,damage to,corruption of, inability to access,or inability to manipulateelectronicdatathatdoesnotresultfromphysicalinjurytotangibleproperty. (1)damages bodilyHowever,unless Paragraph above applies,this exclusion does not apply to because ofinjury. This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses, Namedforensicexpenses,public relation expenses or any other loss,cost or expense incurred by the Insured (1) (2)or others arising out of that which is described in Paragraph or above. B.LIMITS OF INSURANCEThefollowingparagraphisadded to : 5.Coverage A damagesSubjecttoabove,$100,000 is the most the Insurer will pay under for all arising out of occurrence property damageanyonebecauseof that results from physical injury to tangible property and electronic dataarisesout of . C.DEFINITIONSThefollowing definition is added to : Electronic data means information,facts or programs stored as or on,created or used on,or transmitted to or from computer software (including systems and applications software),hard or floppy disks,CD-ROMS,tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D.ELECTRONIC DATA LIABILITYForthepurposeof the coverage provided by this Provision,the definition of property damage DEFINITIONSin is replaced by the following: Property damage means: a.Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b.Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at occurrencethetimeof the that caused it;or c.Loss of, loss of use of,damage to,corruption of, inability to access,or inability to properly manipulate electronic data electronic data,resulting from physical injury to tangible property.All such loss of shall be occurrencedeemedtooccurat the time of the that caused it. electronic dataForthepurposesofthisinsurance,is not tangible property. E.If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy,then the ELECTRONIC DATA LIABILITY$100,000 limit provided by this Provision is part of,and not in addition to,that higher limit. 9.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES spouses InsuredTheestates,heirs,legal representatives and of any natural person shall also be insured under thisspousespolicy;provided,however,coverage is afforded to such estates,heirs,legal representatives,and only for Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 7of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139301/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement claims spouse claimarisingsolelyout of their capacity or status as such and,in the case of a ,where such seeks damages from marital community property,jointly held property or property transferred from such natural person Insured spousetosuch.No coverage is provided for any act,error or omission of an estate,heir,legal spouserepresentative,or outside the scope of such person's capacity or status as such,provided however that the spouse Named Insured spousesof a natural person and the of members or partners of joint venture or partnership Named Insureds Insureds spouses'Namedarewithrespecttosuch acts,errors or omissions in the conduct of the Insured's business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitled Exclusions Expected or Intended Injuryisamendedtodeletetheexclusionentitled and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury property damage Insuredorexpectedorintendedfromthestandpointof the .This exclusion does not bodily injury property damageapplytoor resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.Named InsuredForeachconstructionprojectawayfrompremisesthe owns or rents,a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1.damages Coverage A damages bodily injury property damageAllunder,except because of or included in products-completed operations hazardthe;and 2.Coverage CAllmedicalexpensesunder, occurrencesthatarisefrom or accidents which can be attributed solely to ongoing operations at that construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Construction Project General Aggregate Limit of any other construction project. B.All: 1.Damages Coverage Bunder,regardless of the number of locations or construction projects involved; 2.Damages Coverage A occurrencesunder,caused by which cannot be attributed solely to ongoing damages bodily injury property damageoperationsat a single construction project,except because of or products-completed operations hazardincludedinthe;and 3.Coverage CMedicalexpensesunder caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate Limit occurrenceortheGeneralAggregateLimit shown in the Declarations,depending on whether the can be attributed solely to ongoing operations at a particular construction project. D.products-completed operations hazardWhencoverageforliabilityarisingout of the is provided,any payments damages bodily injury property damage products-completed operationsforbecauseoforincludedinthe hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless of the number of projects involved. Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 8of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement E.InsuredIfasingleconstructionprojectawayfrompremisesownedbyorrentedto the has been 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. F.LIMITS OF INSURANCETheprovisionsof not otherwise modified by this endorsement shall continue to apply as stipulated. 12.IN REM ACTIONS Named InsuredAquasiinremactionagainst any vessel owned or operated by or for the ,or chartered by or for theNamedInsuredNamed, will be treated in the same manner as though the action were in personam against theInsured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE bodily injury health care incidentSolelywithrespecttothatarisesout of a : A.COVERAGES Coverage A –Bodily Injury and Property Damage LiabilityUnder,,the paragraph entitled Insuring Agreement 1.b.(1) 1.b.(2)is amended to replace Paragraphs and with the following: b.bodily injuryThisinsuranceappliesto provided that the professional health care services are incidental to Named Insured'sthe primary business purpose,and only if: (1)bodily injury occurrence coverage territorysuchiscausedbyanthattakes place in the . (2)bodily injury policy period bodily injury occurrencethefirstoccursduringthe.All arising from an will occurrencebedeemedtohaveoccurredat the time of the first act,error,or omission that is part of the ; and B.COVERAGES Coverage A –Bodily Injury and Property Damage LiabilityUnder,,the paragraph entitled Exclusions is amended to: i.Employers Liabilityadd the following to the exclusion: bodily injury health care incidentThisexclusionappliesonlyifthearisingfroma is covered by other Insuredliabilityinsuranceavailableto the (or which would have been available but for exhaustion of its limits). ii.Contractual Liabilitydeletetheexclusionentitled and replace it with the following: This insurance does not apply to: Contractual Liability Insured'sthe actual or alleged liability under any oral or written contract or agreement,including but not limited to express warranties or guarantees. iii.add the following additional exclusions: This insurance does not apply to: Discrimination claimsanyactualorallegeddiscrimination,humiliation or harassment,including but not limited to based on an individual's race,creed,color,age,gender,national origin, religion, disability,marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 9of17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139401/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement health care incidentAny for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident Named Insured's employees volunteermeansanact,error or omission by the or workers in the rendering of: a.professional health care services Named Insuredonbehalfof the or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages,medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.occurrencedeletethedefinitionof and replace it with the following: Occurrence health care incidentmeansa.Allacts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a occurrencesingle; iii.Insuredamendthedefinitionof to: a.add the following: Named Insured's employees Insuredstheare with respect to: (1)bodily injury employee employee'sto a co-while in the course of the co-employment by the Named Insured Named Insured'sorwhileperformingdutiesrelatedto the conduct of the business;and Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 10 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement (2)bodily injury volunteer workerto a while performing duties related to the conduct of theNamedInsured's business; bodily injury health care incidentwhensucharisesout of a . Named Insured's volunteer workers Insuredstheare with respect to: (1)bodily injury volunteer workerto a co-while performing duties related to the conduct of the Named Insured's business;and (2)bodily injury employee employee's Namedto an while in the course of the employment by the Insured Named Insured'sorwhileperformingdutiesrelatedto the conduct of the business; bodily injury health care incidentwhensucharisesout of a . b.(a)(b)(c)and (d)2.a.(1)WHO IS AN INSUREDdeleteSubparagraphs,,of Paragraph of . D.Other Insurance b.(1)The condition is amended to delete Paragraph in its entirety and replace it with the following: Other Insurance b.Excess Insurance (1)To the extent this insurance applies,it is excess over any other insurance,self insurance or risk transfer instrument,whether primary,excess,contingent or on any other basis,except for insurance purchased Named Insuredspecificallybythe to be excess of this coverage. 14.JOINT VENTURES /PARTNERSHIP /LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: InsuredNopersonororganizationisan with respect to the conduct of any current or past partnership,joint venture or Named Insured Named Insuredlimited liability company that is not shown as a in the Declarations,except that if the was a joint venturer,partner,or member of a limited liability company and such joint venture,partnership or limited policy period Named Insured Insuredliabilitycompanyterminatedpriortoorduringthe,such is an with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a.personal and advertising injuryanyoffensegivingriseto occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b.bodily injury property damagetheor first occurred after such termination date; and c.there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company;and consolidated (wrap-up)If the joint venture,partnership or limited liability company is or was insured under a insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c.bodily injury property damage personal and advertisingabove.But this provision will not serve to exclude ,or injury Contractors General Liability Extension Endorsementthatwouldotherwisebecoveredunderthe provision WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMSentitled. consolidated (wrap-up)insurance programPleaseseethatprovisionforthedefinitionof. 15.LEGAL LIABILITY –DAMAGE TO PREMISES /ALIENATED PREMISES /PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A.COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitled Exclusions j.Damage to Propertyisamendedtodeleteexclusion in its entirety and replace it with the following: This insurance does not apply to: Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 11 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139501/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement j.Damage to Property Property damage to: (1)Named InsuredPropertythe owns,rents,or occupies,including any costs or expenses incurred by you, or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2)Named Insured property damagePremisesthesells,gives away or abandons,if the arises out of any part of those premises; (3)Named InsuredPropertyloanedto the ; (4)InsuredPersonalpropertyinthecare,custody or control of the ; (5)Named InsuredThatparticularpartofrealpropertyonwhichthe or any contractors or subcontractors Named Insured's propertyworkingdirectlyorindirectlyon the behalf are performing operations,if the damage arises out of those operations;or (6)your workThatparticularpartofanypropertythatmustberestored,repaired or replaced because was incorrectly performed on it. (1),(3) (4)property damageParagraphsand of this exclusion do not apply to (other than damage by fire)to Named Insured Named Insuredpremisesrentedto the or temporarily occupied by the with the permission of Named Insuredtheowner,nor to the contents of premises rented to the for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described LIMITS OF INSURANCEin. (2)your workParagraphofthisexclusiondoesnotapplyifthepremisesare. 3),(4),(5) (6)Paragraphs (and of this exclusion do not apply to liability assumed under a sidetrack agreement. (6)property damage products-completedParagraphofthisexclusiondoesnotapplytoincludedinthe operations hazard. (3) (4)property damageParagraphsand of this exclusion do not apply to to: i.Named Insuredtools,or equipment the borrows from others,nor ii.Named Insured'sotherpersonalpropertyofothersinthe care,custody or control while being used in the Named Insured's Named Insured'soperationsawayfromany premises. (3) (4)However,the coverage granted by this exception to Paragraphs and does not apply to: a.property at a job site awaiting or during such property's installation,fabrication,or erection; b.mobile equipment Insuredpropertythatisleasedbyan; c.autopropertythatisan, aircraft or watercraft; d.property in transit;or e.property damage Insuredanyportionofforwhichthe has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. LIMITS OF INSURANCEAseparatelimitofinsuranceanddeductibleapplytosuchpropertyofothers.See as amended below. Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 12 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitledExclusionsisamendedtodeleteits last paragraph and replace it with the following: c.n.Named InsuredExclusionsthroughdo not apply to damage by fire to premises while rented to a or Named Insuredtemporarilyoccupiedbya with permission of the owner,nor to damage to the contents of Named Insuredpremisesrentedto a for a period of 7 or fewer consecutive days. LIMITS OF INSURANCEAseparatelimitofinsuranceappliestothiscoverageasdescribedin. C.LIMITS OF INSURANCEThefollowingparagraphisadded to : 5.Coverage A damagesSubjecttoabove,$25,000 is the most the Insurer will pay under for arising out of any occurrence property damageonebecauseof the sum of all to borrowed tools or equipment,and to other Named Insured's Namedpersonalpropertyofothersinthecare,custody or control,while being used in the Insured's Named Insured's propertyoperationsawayfromanypremises.The Insurer's obligation to pay such damage property damagedoesnotapplyuntiltheamountofsuch exceeds $1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement.If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for any such amount. D.6.LIMITS OF INSURANCEParagraph,Damage To Premises Rented To You Limit,of is deleted and replaced by the following: 6.5.Subject to Paragraph above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit Coverage A damages property damageisthemosttheInsurerwillpayunderforbecauseof to any one Named Insured Named Insuredpremiseswhilerentedto the or temporarily occupied by the with the Named Insuredpermissionof the owner,including contents of such premises rented to the for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a.$500,000;or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.4.b.(1)(a)(ii)Other InsuranceParagraphof the Condition is deleted and replaced by the following: (ii)Named InsuredThatispropertyinsuranceforpremisesrentedto the ,for premises temporarily occupied by Named Insured Namedthewiththepermissionof the owner;or for personal property of others in the Insured's care,custody or control; 16.LIQUOR LIABILITY COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitled Exclusions Liquor Liabilityisamendedtodeletetheexclusionentitled. LIQUOR LIABILITYThis provision does not apply to any person or organization who otherwise qualifies as an Coverage Partadditionalinsuredonthis. 17.MEDICAL PAYMENTS A.LIMITS OF INSURANCE 7.is amended to delete Paragraph (the Medical Expense Limit)and replace it with the following: 7.5.Subject to Paragraph above (the Each Occurrence Limit),the Medical Expense Limit is the most theCoverageC–Medical Payments bodily injuryInsurerwillpayunderforallmedicalexpensesbecauseof sustained by any one person.The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here:$N,NNN,NNN,NNN;or (2)the amount shown in the Declarations for Medical Expense Limit. Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 13 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139601/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.COVERAGES Insuring Agreement Coverage C Medical PaymentsUnder,the of –is amended to replace 1.a.(3)(b)Paragraph with the following: (b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18.NON-OWNED AIRCRAFT COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitled Exclusions is amended as follows: Aircraft,Auto or WatercraftTheexclusionentitled is amended to add the following: Named InsuredThisexclusiondoesnotapplyto an aircraft not owned by any ,provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2.Named Insuredtheaircraft is rented with a trained,paid crew to the ;and 3.the aircraft is not being used to carry persons or property for a charge. 19.NON-OWNED WATERCRAFT COVERAGES,Coverage A –Bodily Injury and Property Damage LiabilityUnder,the paragraph entitledExclusions(2)Aircraft,Auto or Watercraftisamendedtodeletesubparagraphof the exclusion entitled ,and replace it with the following. This exclusion does not apply to: (2)Named Insuredawatercraftthatisnotownedbyany,provided the watercraft is: (a)less than 75 feet long;and (b)not being used to carry persons or property for a charge. 20.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.DEFINITIONS personal and advertising injuryUnder,the definition of is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.COVERAGES Coverage B –Personal and Advertising Injury LiabilityUnder,,the paragraph entitled Exclusions is amended to: 1.Knowing Violation Of Rights Of AnotherdeletetheExclusionentitled and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury Insuredcausedbyorat the direction of the with the knowledge that the act personal and advertising injurywouldviolatetherightsofanotherandwouldinflict.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)Named Insuredthe;or (b)executive officer Named Insuredany,director,stockholder,partner,member or manager (if the is a Named Insuredlimited liability company)of the . 2.add the following exclusions: Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 14 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment,past Insuredemploymentorterminationofemploymentofanypersonbyany. Premises Related Discrimination discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental, Insuredleaseorsub-lease of any room,dwelling or premises by or at the direction of any . Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATIONThecoverageprovidedbythis InsuredProvisiondoesnotapplytoanypersonororganizationwhosestatusasan derives solely from 1.ADDITIONAL INSUREDProvision of this endorsement;or Coverage Partattachmentof an additional insured endorsement to this . PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATIONThis Provision does not apply to Coverage Partanypersonororganizationwhootherwisequalifiesasanadditionalinsuredonthis. 21.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A.COVERAGES Coverage B –Personal and Advertising Injury LiabilityUnder,,the paragraph entitled Exclusions Contractual Liabilityisamendedtodeletetheexclusionentitled. B.PERSONAL AND ADVERTISING INJURY -Solely for the purpose of the coverage provided by thisCONTRACTUALLIABILITYprovision,the following changes are made to the section entitledSUPPLEMENTARYPAYMENTS–COVERAGES A AND B: 1.2.d.Paragraph is replaced by the following: d.suit suitTheallegationsinthe and the information the Insurer knows about the offense alleged in such Insuredaresuchthat no conflict appears to exist between the interests of the and the interests of the indemnitee; 2.2.f.(2)(b)The first unnumbered paragraph beneath Paragraph is deleted and replaced by the following: So long as the above conditions are met,attorneys fees incurred by the Insurer in the defense of that indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred defense costsbytheindemniteeat the Insurer's request will be paid as .Such payments will not be deemed damages personal and advertising injuryto be for and will not reduce the limits of insurance. C.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITYThis Provision does not apply ifCoverageB–Personal and Advertising Injury Liability is excluded by another endorsement attached to thisCoveragePart. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITYThis Provision does not apply to any Coverage Partpersonororganizationwhootherwisequalifiesasanadditionalinsuredonthis. 22.PROPERTY DAMAGE –ELEVATORS A.COVERAGES Coverage A Bodily Injury and Property Damage LiabilityUnder,–,the paragraph entitledExclusionsDamagetoYourProduct(3) (4) (6)is amended such that the Exclusion and subparagraphs ,and ofDamagetoPropertypropertydamagetheExclusiondo not apply to that results from the use of elevators. Policy No: 7017922796 Endorsement No: 1 Effective Date: 01/01/2022 CNA74705XX (1-15) Page 15 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.30020001360459894131397 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.PROPERTY DAMAGE –ELEVATORSSolelyforthepurposeof the coverage provided by this Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.SUPPLEMENTARY PAYMENTS SUPPLEMENTARY PAYMENTS –COVERAGES A AND BThesectionentitled is amended as follows: A.1.b.Paragraph is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B.1.d.Paragraph is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Named Insured NamedIftheunintentionallyfailstodiscloseall existing hazards at the inception date of the Insured's Coverage Part Coverage Part,the Insurer will not deny coverage under this because of such failure. 25.WAIVER OF SUBROGATION -BLANKET CONDITIONS Transfer Of Rights Of Recovery Against Others To UsUnder,the condition entitled is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.Named Insured'sthe ongoing operations;or 2.your work products-completed operations hazardincludedinthe. Named InsuredHowever,this waiver applies only when the has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1.Coverage Partis in effect or becomes effective during the term of this ;and 2.bodily injury property damage personal and advertising injurywasexecutedpriorto the ,or giving rise to the claim. 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any consolidated (wrap-up)construction project in the state of Alaska,that is not permitted to be insured under a insurance program by applicable state statute or regulation. EXCLUSION –CONSTRUCTION WRAP-UPIftheendorsement is attached to this policy,or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: consolidated (wrap-up)insurance program Named InsuredWithrespectto a project in which the is or was Named Insuredinvolved,this exclusion does not apply to those sums the become legally obligated to pay as damages because of: 1.Bodily injury property damage personal or advertising injury Named Insured's,,or that occurs during the Named Insured'songoingoperationsat the project,or during such operations of anyone acting on the behalf;nor Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 16 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 01/01/2022 CNA PARAMOUNT Contractors'General Liability Extension Endorsement 2.Bodily injury property damage products-completed operations hazardorincludedwithinthe that arises residential structuresout of those portions of the project that are not . B.4.Other Insurance 4.b.(1)(c)Condition is amended to add the following subparagraph : This insurance is excess over: (c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available Named Insured Named Insured consolidated (wrap-up)to the as a result of the being a participant in a insurance program Named Insured's consolidated (wrap-up),but only as respects the involvement in that insurance program. C.DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up)insurance program means a construction,erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project,such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit developments;and 2.1.the common areas and structures appurtenant to the structures in paragraph (including pools,hot tubs, detached garages,guest houses or any similar structures). residential structureHowever,when there is no individual ownership of units,does not include military housing,Residential structurecollege/university housing or dormitories,long term care facilities,hotels or motels.also does not include hospitals or prisons. WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMSThis Provision Coverage Partdoesnotapplytoanypersonororganizationwhootherwisequalifiesasanadditionalinsuredonthis. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. Policy No: 7017922796 1EndorsementNo: Effective Date: CNA74705XX (1-15) Page 17 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: Statewide Stripes, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.3002000136045989413139801/01/2022 CNA63359XX (Ed. 04/12) CNA63359XX Copyright, CNA Corporation, 2000.Page 1 of 3 (Ed. 04/12)Includes copyrighted material of the Insurance Services Office used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a.Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1.does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2.Any organization you newly acquire orform, other than a limited liability company,partnership or joint venture, and over whichyou maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1)"Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2)Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3.Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II – Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4.An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1.Which are no longer in force; or 2.Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2.In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a.is revised, with respect to transportation expense incurred by you, to provide: a.$60 per day, in lieu of $20; subject to Policy # 7017922801 CNA63359XX (Ed. 04/12) CNA63359XX Copyright, CNA Corporation, 2000.Page 2 of 3 (Ed. 04/12)Includes copyrighted material of the Insurance Services Office used with its permission. b.$1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b.is revised, with respect to loss of use expenses incurred by you, to provide: a.$1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damagecoverage is extended to: a.Any covered "auto" you lease, hire, rent or borrow without a driver; and b.Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c.The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d.The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e.Such physical damage coverage forhired "autos" will: (1)Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2)Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d.aredeleted and replaced by the following: c.Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d.A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a.Any covered "auto" of the private passenger type you lease, hire, rent orborrow, without a driver for a period of30 days or less, while performing duties related to the conduct of your business; and b.Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a "diminution invalue" loss arising directly out ofaccidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d.The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1)$5,000; or (2)20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage – Executive Officers The following is added to Sections II and III: 1.Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage whilebeing used by, and for Physical DamageCoverage while in the care, custody or control of, any of your "executive officers," except: a.An "auto" owned by that "executive officer" or a member of that person's household; or CNA63359XX (Ed. 04/12) CNA63359XX Copyright, CNA Corporation, 2000.Page 3 of 3 (Ed. 04/12)Includes copyrighted material of the Insurance Services Office used with its permission. b.An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1)Equal to the greatest of those coverages afforded any covered "auto"; and (2)Excess over any other collectible insurance. 2.For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4)Your "employees" may know of an"accident" or "loss." This will not meanthat you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6)Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known toyou or if you are not an individual, toany of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an"accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall notprejudice you with respect to the coverage affordedprovided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d.above, the coverage provided by thispolicy shall be on a primary non-contributorybasis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a).is revised to provide: a.45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C.is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mentalanguish, mental injury or death resulting from anyof these.