2024-01-01_COI.pdf

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Attached to
Master Agreement AZ|CTR068959
Contract number
CTR068959
Issued by
Arizona

About this file

This document is a comprehensive insurance certificate and policy package for HAWK Contracting, LLC, issued by CWI Insurance and underwritten by Westfield Insurance Company and American Liberty Insurance Company. The policies cover commercial general liability, automobile liability, workers' compensation, and other business insurance for HAWK Contracting, with the State of Arizona, ADOT (Arizona Department of Transportation), and its various departments, agencies, boards, commissions, and universities listed as certificate holders and additional insureds.

The insurance package provides coverage for all work performed for or on behalf of the State of Arizona/ADOT, with policy limits including $1,000,000 for general liability, $1,000,000 for automobile liability, $6,000,000 in umbrella coverage, and workers' compensation coverage with $1,000,000 limits. The policies are effective from January 1, 2023, to January 1, 2024, and include provisions for rented/leased equipment with a $100,000 limit and a $500 deductible. The policies also feature additional insured status, primary non-contributory coverage, and a waiver of subrogation for the State of Arizona and ADOT, ensuring comprehensive protection for contracted work and operations.

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The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER

© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY

GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY

PREMISES (Ea occurrence) $

DAMAGE TO RENTED

EACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AGG $

$RETENTIONDED

CLAIMS-MADE

OCCUR

AGGREGATE $

EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY) LIMITS

PER

STATUTE

OTH-

ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

ANY PROPRIETOR/PARTNER/EXECUTIVE

If yes, describe under DESCRIPTION OF OPERATIONS below

(Mandatory in NH)

OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS

AUTOS

COMBINED SINGLE LIMIT

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE $

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.

INSD

ADDL

WVD

SUBR

N / A

(Ea accident)

(Per accident)

OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED

PHONE

(A/C, No, Ext):

PRODUCER

ADDRESS:

E-MAIL

FAX

(A/C, No):

CONTACT

NAME:

NAIC #

INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

12/6/2023

CWI Insurance 2152 South Vineyard, Suite 107 Mesa AZ 85210

Caitlin Coon 480-961-5400 480-961-5401

Caitlin@trycwi.com

Westfield Insurance Company 24112 HAWKC-1 American Liberty Insurance Co. 12200

HAWK Contracting, LLC 1022 E Loyola Dr Tempe AZ 85282

174579898

A X 1,000,000 X 500,000

5,000

1,000,000

2,000,000

X

Y Y CWP064371Y 1/1/2023 1/1/2024

2,000,000

A 1,000,000 X

Y Y CWP064371Y 1/1/2023 1/1/2024

UM/UIM 1,000,000

A X X 6,000,000CWP064371Y

6,000,000

1/1/2023 1/1/2024

B

N

Y WCN-02005305-323 12/13/2023 12/13/2024 X

1,000,000

1,000,000

1,000,000 A Rented/Leased Equipment CWP064371Y 1/1/2023 1/1/2024 Limit/Deductible 100,000/500

Re: any and all work performed for or on behalf of the State of Arizona/ADOT Sate of Arizona, ADOT and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees are additional insured when required by written contract per the attached forms. Insurance is primary non-contributory per the attached forms. Waiver of Subrogation included per the attached forms.

The State of Arizona/ADOT 206 S. 17th Ave Phoenix AZ 85007 a8812 Accepted

COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations

All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

POLICY NUMBER: CWP 064371Y

A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and adver-tising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf;

in the performance of your ongoing oper-ations for the additional insured(s) at the location(s) designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent per-mitted by law; and

2. If coverage provided to the additional in-sured is required by a contract or agree-ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following addi-tional exclusions apply:

This insurance does not apply to "bodily in-jury" 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 addi-tional 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 or-ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement;

or

2. Available under the applicable limits of insurance;

whichever is less.

This endorsement shall not increase the ap-plicable limits of insurance.

¢ Insurance Services Office, Inc., 2018 CG 20 10 12 19

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)

Or Organization(s) Location(s) And Description Of Covered Operations All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CWP 064371Y

A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig-nated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional insured only applies to the extent per-mitted by law; and

2. If coverage provided to the additional in-sured is required by a contract or agree-ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement;

or

2. Available under the applicable limits of insurance;

whichever is less.

This endorsement shall not increase the ap-plicable limits of insurance.

¢ Insurance Services Office, Inc., 2018 CG 20 37 12 19

COMMERCIAL GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY CONTRACTORS ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

SCHEDULE

The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details effecting each coverage please refer to the terms and condi-tions in this endorsement.

A. Expected or Intended Injury Reasonable force

B. Liquor Liability Coverage Extension C. Non-Owned Watercraft

Increased to 60 feet D. Non-Owned Aircraft E. Damage To Property - Borrowed Equipment F. Damage To Premises Rented To You G. Personal And Advertising Injury

Contractual Personal and Advertising Injury Exclusions

H. Supplementary Payments Bail Bonds - $2,500 Loss of Earnings - $1,000

I. Additional Insureds - Automatic Status State or Governmental Agency or Subdivision or Political Subdivision Controling Interest Managers or Lessors of Premises Mortgagee, Assignee or Receiver Owners or Other Interests From Whom Land Has Been Leased Co-Owners of Insured Premises Lessor of Leased Equipment

J. Who Is An Insured broadened Joint Ventures / Partnership / Limited Liability Company Health Care Professionals (Incidental Medical Malpractice) Individual Owners of Building are Insured's Newly Formed or Acquired Entities

K. Knowledge and Notice of Occurrence L. Other Insurance Condition Amended M. Unintentional Failure To Disclose Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us - Automatic Status O. Liberalization P. Definitions

Bodily Injury redefined Insured Contract redefined Expanded Personal and Advertising Injury definition

A. EXPECTED OR INTENDED INJURY

Under SECTION 1, COVERAGES, COVERAGE

A. BODILY INJURY AND PROPERTY DAMAGE

exclusion a. is replaced with the following:

a. Expected Or Intended Injury

"Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This ex-clusion does not apply to "bodily in-jury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property.

CG 7137 12 17

B. LIQUOR LIABILITY COVERAGE EXTENSION

SECTION 1, COVERAGES, COVERAGE A

BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, Item 2. Exclusions c. Liquor Li-ability is deleted.

C. NON-OWNED WATERCRAFT

Under SECTION 1, COVERAGES, COVERAGE

A BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, Item 2. Exclusions g.2(a) is re-placed with the following:

(a) Less than 60 feet long; and

D. NON-OWNED AIRCRAFT

Under SECTION 1, COVERAGES, COVERAGE

A BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, Item 2. Exclusions g. Aircraft, Auto or Watercraft, the following is added:

(6) An aircraft you do not own pro-vided that:

(a) The pilot in command holds a currently effective certif-icate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

(b) It is rented with a trained, paid crew; and

(c) It does not transport per-sons or cargo for a charge.

E. DAMAGE TO PROPERTY - BORROWED

EQUIPMENT

Under SECTION 1, COVERAGES, COVERAGE

A BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, Item 2. Exclusions j. is deleted and replaced by the following:

j. Damage To Property:

(1) Property you own, rent or oc-cupy;

(2) Premises you sell, give away or abandon, if the "property dam-age" arises out of any part of those premises;

(3) Property loaned to you;

(4) Personal property in the care, custody or control of the in-sured;

(5) That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing op-erations, if the "property dam-age" arises out of those operations; or

(6) That particular part of any real property that must be restored, replaced, or repaired because "your work" was incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion do not apply to:

(i) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to per-form operations at the time of loss; or

(ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied to you with the permission of the owner or to the con-tents of premises rented to you for a pe-riod of seven (7) or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as de-scribed in Section III - Limits Of Insurance.

Paragraph (2) of this exclusion does not apply if the premises are "your work" and were not occupied, rented or held for rental by you beyond one year from the date "your work" was completed.

Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of this exclu-sion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard."

F. DAMAGE TO PREMISES RENTED TO YOU

Under SECTION I - COVERAGES, COVERAGE

A BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, Item 2. Exclusions, the last para-graph of Item 2. Exclusions is replaced with the following:

Exclusion c. through n. do not apply to dam-age by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSUR-

ANCE.

G. PERSONAL AND ADVERTISING INJURY

Under SECTION 1, COVERAGES, COVERAGE

B PERSONAL AND ADVERTISING INJURY LI-

ABILITY, Item 2. Exclusions e. Contractual Liability is deleted.

Under SECTION I - COVERAGES, COVERAGE

B PERSONAL AND ADVERTISING INJURY LI-

ABILITY, the following are added to Item 2.

Exclusions:

q. Discrimination Relating To Room, Dwelling or Premises

Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured.

r. Fines or Penalties

Fines or penalties levied or imposed by a governmental entity because of discrimination.

H. SUPPLEMENTARY PAYMENTS

Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.b. is replaced with the following:

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.

Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.d. is replaced with the following:

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 $1,000 a day because of time off from work.

I. ADDITIONAL INSUREDS - AUTOMATIC STA-

TUS

SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs a. through g. below whom you are required to add as an addi-tional insured on this policy under a written contract or written agreement. However the written contract or written agreement must be:

1. Currently in effect or becoming effective during the term of the policy; and

2. Executed prior to the "bodily injury", "property damage" or "personal injury and advertising injury", but

Only the following persons or organizations are additional insureds under this endorse-ment and coverage provided to such addi-tional insureds is limited as provided herein:

a. State or Governmental Agency or Subdivision or Political Subdivisions

A state or governmental agency or subdivision or political subdivision subject to the following provisions:

(1) This insurance applies only with respect to the following hazards for which the state or govern-mental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies;

(a) The existence, repair main-tenance, erection, con-struction, or removal of advertising signs, awnings canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar ex-posures; or

(b) The construction, erection, or removal of elevators.

(2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or poli-tical subdivision has issued a permit or authorization.

This insurance does not apply to "bodily injury", "property dam-age" or "personal and advertis-ing injury" arising out of operations performed for the federal government, state or municipality.

b. Managers or Lessors of Premises

A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclu-sions:

This insurance does not apply to:

(1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or

(2) Structural alterations, new con-struction or demolition oper-ations performed by or on behalf of such additional in-sured.

c. Mortgagee, Assignee or Receiver

A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance, or use of a premises by you.

This insurance does not apply to structural alterations, new con-struction or demolition operations performed by or for such additional insured.

d. Owners Or Other Interests From Whom Land Has Been Leased

An owner or other interest from who land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the fol-lowing additional exclusions:

This insurance does not apply to:

(1) Any "occurrence" which takes place after you cease to lease that land; or

(2) Structural alterations, new con-struction or demolition oper-ations performed by or on behalf of such additional in-sured.

e. Co-owner of Insured Premises

A co-owner of a premises co-owned by you and covered under this in-surance but only with respect to the co-owners liability as co-owner of such premises.

f. Lessor of Equipment

Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, op-eration or use by you of equipment leased to you by such person or or-ganization.

A person's or organization's status as an insured under this endorse-ment ends when their written con-tract or written agreement with you for such leased equipment ends.

With respect to the insurance af-forded these additional insureds, the following exclusions apply:

This insurance does not apply:

(1) To any "occurrence" which takes place after the equipment lease expires; or

(2) To "bodily injury", "property damage", or "personal and ad-vertising injury" arising out of the sole negligence of such ad-ditional insured.

Any insurance provided to an addi-tional insured designated under par-agraphs a. through f. above does not apply to "bodily injury" or "property damage" included within the "pro-ducts-completed operations hazard".

As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV - Commercial General Liability Conditions is deleted and replaced with the following:

4. Other Insurance

b. Excess Insurance

(1) This insurance is excess over:

Any other insurance naming the additional insured as an insured whether primary, excess, con-tingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and non-contributing. Where re-quired by written contractor written agreement, we will con-sider any other insurance main-tained by the additional insured for injury or damage covered by this endorsement to be excess and non-contributing with this insurance.

J. WHO IS AN INSURED BROADENED

Under SECTION II - WHO IS AN INSURED the following is added to item 1:

f. Joint Ventures / Partnership / Lim-ited Liability Company Coverage

You are an insured when you had an Interest in a joint venture, partner-ship or limited liability company which is terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This cov-erage does not apply:

(1) Prior to the termination date of any joint venture, limited liability company or partnership; or

(2) If there is other valid and collectible insurance purchased specifically to insure the joint venture, legal liability company or partnership.

Under SECTION II - WHO IS AN INSURED, 2.a.(1)(d) is deleted and replaced with the fol-lowing:

(d) Arising out of his or her providing or failing to pro-vide professional health care services.

This does not apply to nurses, emergency medical technicians or paramedics employed by you to provide health care services, but only if you are not in the business or occupation of providing such professional services.

Under SECTION II - WHO IS AN INSURED the following is added:

4. For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in your corporation or a partner in your partnership insured by this policy, and only with respect to li-ability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply:

a. To any "occurrence" or offense which takes place after you cease to be a tenant in the premises; or

b. To structural alterations, new con-struction or demolition operations performed by or on behalf of the building owner.

Under SECTION II - WHO IS AN INSURED, 3.a.

is deleted and replaced with the following:

a. Coverage under this provision is af-forded only until the end of the policy period or the next anniversary of this policy's effective date after you ac-quire or form the organization whichever is earlier.

Under SECTION II - WHO IS AN INSURED the last paragraph in this section is deleted and replaced with the following:

Except as provided in 3. above, no per-son or organization is an insured with respect to the conduct of any current or past joint venture, limited liability com-pany or partnership that is not shown as a named insured in the Declarations.

K. KNOWLEDGE AND NOTICE OF OCCURRENCE

Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offense, Claim Or Suit, the following is added:

e. The requirement in Condition 2.a.

applies only when the "occurrence" or offense is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partner-ship;

(3) An "executive officer" or insur-ance manager, if you are a cor-poration; or

(4) A manager, if you are a limited liability company.

f. The requirement in Condition 2.b.

will not be breached unless the breach occurs after such claim or "suit" is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partner-ship;

(3) An "executive officer" or insur-ance manager, if you are a cor-poration; or

(4) A manager, if you are a limited liability company.

g. Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim, or "suit" and that failure is solely due to your reason-able belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim, or "suit" to us as soon as you are aware this insurance may apply to such "occurrence," offense, claim or "suit."

L. OTHER INSURANCE CONDITION AMENDED

When required by written contract with any additional insured owner, lessee, or contrac-tor to provide insurance on a primary and noncontributory basis, Condition 4 of Section IV - Commercial General Liability Conditions is deleted and replaced by the following:

4. Other Insurance

If other valid and collectible insurance is available for a loss we cover under Cov-erage A or B of this Coverage Part, our obligations are limited as follows:

a. Primary Insurance

This insurance is primary and non-contributory except when b. below applies.

b. Excess Insurance

This insurance is excess over any of the other insurance, whether pri-mary, excess, contingent, or on any other basis:

(1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for your work;

(2) That is Fire insurance for prem-ises rented to you or temporar-ily occupied by you with permission of the owner; or

(3) If the loss arises out of the maintenance or use of aircraft, "autos," or watercraft to the ex-tent not subject to Exclusion g.

of Section I - Coverage A.

(4) If the loss is caused by the sole negligence of any additional in-sured, owner, lessee, or con-tractor.

When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other defends, we will undertake to do so, but we will be entitled to the other insured's rights against all those other insur-ers.

When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of:

(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and

(2) The total of all deductibles and self-insured amounts under all that other insurance.

We will share the remaining loss, if any with any other insurance that is not described in this Excess Insur-ance provision and was not bought specifically to apply in excess of the limits of Insurance shown in the declarations of this Coverage Part.

M. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS

Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representa-tions, the following is added:

d. Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "oc-currences" is not intentional.

N. WAIVER OF TRANSFER OF RIGHTS OF RE-

COVERY AGAINST OTHERS TO US - AUTO-

MATIC STATUS

Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following:

We waive any right of recovery we may have against any person or organization with re-spect to which the insured has waived its right of recovery.

It is further agreed that work commenced un-der letter of intent or work order, subject to subsequent reduction to writing, with cus-tomers whose customary written contracts would require a waiver of recovery rights against them also falls within this blanket waiver of recovery rights.

O. LIBERALIZATION

If we adopt a change in our forms or rules which would broaden coverage for contrac-tors under this coverage form without an ad-ditional premium charge, your policy will automatically provide the additional cover-age's as of the date the broadened coverage is effective in your state.

P. DEFINITIONS

Under SECTION V - DEFINITIONS, item 3. is deleted and replaced with the following:

3. "Bodily Injury" means bodily injury, disa-bility, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury".

Under SECTION V - DEFINITIONS, item 9. is deleted and replaced with the following:

9. "Insured Contract" means:

a. A contract for a lease of premises.

However, that portion of the contract for a lease of premises that indem-nifies any person or organization for damage by fire to premises while rented to you or temporarily occu-pied by you with permission of the owner is not an "insured contract";

b. A sidetrack agreement;

c. Any easement or license agreement;

d. An obligation, as required by ordi-nance, to indemnify a municipality, except in connection with work for a municipality;

e. An elevator maintenance agree-ment;

f. That part of any other contract or agreement pertaining to your busi-ness (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort li-ability of another party to pay for "bodily injury" or "property damage" 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.

Paragraph f. does not include that part of any contract or agreement:

(1) That indemnifies an architect, engineer, or survey or for injury or damage arising out of:

(a) Preparing, approving or failing to prepare or ap-prove, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or

(b) Giving directions or in-structions, or failing to give them, if that is the primary cause of the injury or dam-age; or

(2) Under which the insured if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in-sureds rendering or failure to render professional services in-cluding those listed in (1) above and supervisory, inspection, ar-chitectural or engineering, ac-tivities.

Under SECTION V - DEFINITIONS, item 14. the following is added to the definition of "Personal and advertising injury":

h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such dis-crimination or humiliation is:

(1) Not done intentionally by or at the direction of:

(a) The insured; or

(b) Any "executive officer", director, stockholder, partner, member or manager (if you are a limited liability company) of the insured;

(2) Not directly or indirectly related to the employment, prospective em-ployment, past employment or ter-mination of employment of any person or persons by any insured.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Designated Construction Projects:

All Projects

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CWP 064371Y

A. For all sums which the insured becomes le-gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by acci-dents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above:

1. 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.

2. 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 op-erations hazard", and for medical ex-penses under Coverage C regardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims or bringing "suits".

3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des-ignated Construction Project General Aggregate Limit for that designated con-struction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Con-struction Project General Aggregate Limit for any other designated con-struction project shown in the Schedule above.

4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit.

B. For all sums which the insured becomes le-gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by acci-dents under Section I - Coverage C, which cannot be attributed only to ongoing oper-ations at a single designated construction project shown in the Schedule above:

1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag-gregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit.

¢ Insurance Services Office, Inc., 2008 CG 25 03 05 09

C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages be-cause of "bodily injury" or "property damage" included in the "products-completed oper-ations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit.

D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the au-thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

E. The provisions of Section - III Limits of Insur-ance not otherwise modified by this endorse-ment shall continue to apply as stipulated.

CG 25 03 05 09

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Hawk Contracting, LLC

01/01/2023

All persons or organizations when you have agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured.

File details come from the government source that posted it. Updated .