ACCEPTED ANY_ALL GL,WC 02.01.25-02.01.26.pdf

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Attached to
Master Agreement AZ|CTR073794
Contract number
CTR073794
Issued by
Arizona

About this file

This document is a comprehensive commercial general liability insurance policy and related endorsements issued by State Automobile Mutual Insurance Company and CopperPoint Indemnity Insurance Company to The DM Caldwell Corp dba Environmental Management, based in Tucson, Arizona. The policy is specifically designed for a contractor and includes coverage for the State of Arizona and the Arizona Department of Transportation (ADOT), with an effective period from February 1, 2025 to February 1, 2026.

The insurance policy provides multi-faceted liability coverage including commercial general liability, automobile liability, umbrella liability, workers' compensation, and contractor's pollution liability. Key coverage limits include $1,000,000 per occurrence for general liability, with an aggregate limit of $2,000,000. The policy includes specialized endorsements covering areas such as additional insured status, pollution incidents, property damage, and coverage for joint ventures and partnerships. Notable features include a voluntary property damage coverage with a $2,500 per occurrence limit and a $10,000 annual aggregate, and a contractor's pollution liability coverage with specific provisions for environmental damage and clean-up costs. The policy also offers contract penalty reimbursement up to $10,000 per policy year for failure to timely deliver products.

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ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT

NAME:

FAXPHONE

(A/C, No):(A/C, No, Ext):

E-MAIL

ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

AUTHORIZED REPRESENTATIVE

EACH OCCURRENCE $

DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT

OTHER: $

COMBINED SINGLE LIMIT

$(Ea accident)

ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED

BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE

$AUTOS ONLY AUTOS ONLY (Per accident)

OCCUR EACH OCCURRENCE

CLAIMS-MADE AGGREGATE $

DED RETENTION $

PER OTH-

STATUTE ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE $

If yes, describe under

E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below

INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY

Y / N N / A

(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION

© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

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

The ACORD name and logo are registered marks of ACORD

1/30/2025

(520) 795-8511 (520) 795-8542

25135

The DM Caldwell Corp. dba Enviromental Management Attn: Dallas Caldwell P.O. Box 90502 Tucson, AZ 85752

13928

A 1,000,000

X X 10057789CP 2/1/2025 2/1/2026 100,000

5,000

1,000,000 2,000,000 2,000,000

1,000,000A

10057795CU 2/1/2025 2/1/2026 1,000,000

10,000 B

X 1029708-1 2/1/2025 2/1/2026 1,000,000 1,000,000 1,000,000

Holder Includes: Any and All work performed for or on behalf of The State of Arizona/ADOT Certificate Holder is additional insured per attached forms.

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

ENVIMAN-01 JPARRA

The Mahoney Group - Tucson 5330 N. La Cholla Blvd Tucson, AZ 85741

State Automobile Mutual Insurance Company CopperPoint Indemnity Insurance Company

X

X X

X

X

X

X

Cindy Lewis GL Only

Cindy Lewis WC Only

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

STATE AUTO PEAK SERIES FOR LIABILITY

Unless otherwise amended by separate endorsement this endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CONTENTS:

1. EXPECTED OR INTENDED PROPERTY DAMAGE

2. BROADENED NON-OWNED WATERCRAFT

3. AMENDED SUPPLEMENTARY PAYMENTS

4. BROADENED DAMAGE TO PREMISES RENTED OR OCCUPIED BY YOU

5. ADDITIONAL INSURED - BROAD FORM VENDORS

6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES

7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT

8. ADDITIONAL INSURED – GRANTOR OF FRANCHISE

9. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN NON-

CONSTRUCTION CONTRACT OR AGREEMENT

10. AUTOMATIC INSURED STATUS FOR NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES

11. PROJECT/LOCATION GENERAL AGGREGATE

12. PROJECT/LOCATION PRODUCTS-COMPLETED OPERATIONS AGGREGATE

13. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION

14. INCIDENTAL HEALTH CARE MALPRACTICE LIABILITY

15. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION)

16. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE

17. "MOBILE EQUIPMENT" REDEFINED

18. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS

19. FELLOW EMPLOYEE COVERAGE

20. BROADENED BODILY INJURY DEFINITION

21. ALIENATED PREMISES AMENDMENT

22. UNMANNED AIRCRAFT COVERAGE

23. COORDINATING COVERAGE

1. EXPECTED OR INTENDED PROPERTY DAMAGE

Exclusion 2.a. in SECTION I - COVERAGE A is replaced by the following:

a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

2. BROADENED NON-OWNED WATERCRAFT

A. If Endorsement CG 21 09, CG 21 10, CG 24 50 or CG 24 51 is attached to the Policy, the following is added to Paragraph 2.g.(2)(b) - Exclusions under SECTION I - COVERAGE A – BODILY INJURY AND

PROPERTY DAMAGE LIABILITY:

Paragraph 2.g.(2)(b) of SECTION I – COVERAGE A is replaced by the following:

(b) A watercraft you do not own that is:

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Policy Number: 10057789CP

(i) Less than 51 feet long; and

(ii) Not being used to carry persons or property for a charge;

B. If Paragraph 2.A. does not apply, the following is added to Paragraph 2.g.(2) - Exclusions under SECTION I - COVERAGE pertaining to non-owned watercraft, is changed to the following:

This exclusion does not apply to:

(2) A watercraft you do not own that is:

(a) Less than 51 feet long; and

(b) Not being used to carry persons or property for a charge.

3. AMENDED SUPPLEMENTARY PAYMENTS

Paragraphs b. and d. of the SUPPLEMENTARY PAYMENTS - COVERAGES A and B section are changed as shown:

b. Up to $5,000 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.

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 $750 a day because of time off from work.

4. BROADENED DAMAGE TO PREMISES RENTED TO YOU

A. The paragraph immediately following Exclusion 2.j.(6) in SECTION I - COVERAGE A, is amended as follows:

Paragraph (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III – LIMITS OF INSURANCE.

B. The last paragraph under Exclusion 2. in SECTION I - COVERAGE A, is amended as follows: Exclusions

c. through n. do not apply to damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage 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 Insurance.

C. SECTION III - LIMITS OF INSURANCE is amended as follows:

Paragraph 6. is deleted and replaced with the following:

6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under

Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage, while rented to you or temporarily occupied by you, with permission of the owner. Subject to all the terms of SECTION III - LIMITS OF INSURANCE, the Damage to Premises Rented To You Limit is the greater of:

a. $500,000; or

b. The amount shown in the Declarations for Damage to Premises Rented To You Limit.

D. Paragraph 4.b.(1)(a)(ii) in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following:

(ii) That is Fire, Smoke, Lightning, Explosion, Water Damage, or Sprinkler Leakage Insurance for premises while rented to you or temporarily occupied by you with the permission of the owner.

E. Paragraph 9.a. in SECTION V - DEFINITIONS is amended to read:

a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, smoke, lightning, explosion, or water damage or sprinkler leakage to premises, while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract".

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5. ADDITIONAL INSURED - BROAD FORM VENDORS

A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any “vendor”, but only with respect to "bodily injury" or "property damage" arising out of "your product" which is distributed or sold in the regular course of the “vendor's” business.

However, the insurance afforded to such “vendor":

1. Only applies to the extent permitted by law; and

2. Will not be broader than that which you are required by the contract or agreement to provide for such

“vendor”.

B. With respect to the insurance afforded to these “vendors”, the following additional exclusions apply:

1. The insurance afforded the “vendor” does not apply to:

a. "Bodily injury" or "property damage" for which the “vendor” is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the “vendor” would have in the absence of the contract or agreement;

b. Any express warranty unauthorized by you;

c. Any physical or chemical change in the product made intentionally by the “vendor”;

d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;

e. Any failure to make such inspections, adjustments, tests or servicing as the “vendor” has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;

f. Demonstration, installation, servicing or repair operations, except such operations performed at the “vendor's” premises in connection with the sale of the product;

g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the “vendor”; or

h. "Bodily injury" or "property damage" arising out of the sole negligence of the “vendor” for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:

(1) The exceptions contained in Sub-paragraphs d. or f.; or

(2) Such inspections, adjustments, tests or servicing as the “vendor” has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.

3. This insurance does not apply if "'bodily injury" or "property damage" included within the "products completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement.

C. With respect to the insurance afforded to these “vendors”, the following is added to SECTION III – LIMITS

OF INSURANCE:

The most we will pay on behalf of the "vendor" 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 provision shall not increase the applicable Limits of Insurance shown in the Declarations.

SL 60 00 01 23 Includes copyrighted material of Page 3 of 12

D. The following definition is added to the Definitions section:

"Vendor" means any person or organization who distributes or sells "your product" in the regular course of its business when you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy.

6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES

A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) from whom you lease a building or premises when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by some negligent act or omissions by you, your employees, your agents, or your subcontractors as a result of your occupancy, maintenance or use of that part of the premises leased to you, provided that:

1. The "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and

2. The written agreement is in effect at the time of the "bodily injury", "property damage", "personal and advertising injury" for which coverage was sought.

However:

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

2. If coverage provided to the additional insured is required by a contract or agreement, 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. Exclusions This insurance does not apply to:

1. Any "occurrence" which takes place after you cease to be a tenant in that premises.

2. Any structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) from which you lease a building or premises.

3. Any premise for which coverage is excluded by endorsement.

4. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured.

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 provision shall not increase the applicable Limits of Insurance shown in the Declarations.

7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT

A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s).

SL 60 00 01 23 Includes copyrighted material of Page 4 of 12

However, the insurance afforded to such additional insured:

1. Only applies to the extent permitted by law; and

2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.

B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires.

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

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 provision shall not increase the applicable Limits of Insurance shown in the Declarations.

8. ADDITIONAL INSURED – GRANTOR OF FRANCHISE

A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) with respect to their liability as grantor of a franchise to you.

However:

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

2. If coverage provided to the additional insured is required by a contract or agreement, 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 shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

9. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN NON-

CONSTRUCTION CONTRACT OR AGREEMENT

A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) for whom you have agreed in writing in a non-construction contract or agreement that such person

(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for:

1. "Bodily injury" or "property damage" not included in the "products-completed operations hazard"; or

2. "Personal and advertising injury";

caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your operations.

B. The insurance afforded to such additional insured described in Paragraph A. of this endorsement:

1. Only applies to the extent permitted by law; and

2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

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Policy Number: 10057789CP

Highlight

C. With respect to insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to rendering of or failure to render any professional service. This includes but is not limited to:

1. Legal, accounting or advertising services;

2. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications;

3. Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager;

4. Engineering services, including related supervisory or inspection services;

5. Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction;

6. Any health or therapeutic service treatment, advice or instruction;

7. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy;

8. Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs;

9. Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices;

10. Body piercing services;

11. Services in the practice of pharmacy;

12. Law enforcement or firefighting services; and

13. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service.

D. Paragraph 9.f. of SECTION V - DEFINITIONS is amended as follows:

f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law.

Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

10. AUTOMATIC INSURED STATUS FOR NEWLY ACQUIRED OR FORMED LIMITED LIABILITY

COMPANIES

A. Paragraph 3. under SECTION II – WHO IS AN INSURED is replaced by the following:

3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization.

However:

a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier;

b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and

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c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.

B. The last paragraph of SECTION II – WHO IS AN INSURED is replaced by the following:

No person or organization is an insured with respect to the conduct of any current or past:

1. Partnership or joint venture; or

2. Limited liability company, unless Paragraph A. above applies;

that is not shown as a Named Insured in the Declarations.

11. LOCATION/PROJECT GENERAL AGGREGATE

A. For all sums which the insured become legally obligated to pay as damages caused by an “occurrence” under SECTION I – COVERAGE A, and for all medical expenses caused by accidents under SECTION I

– COVERGE C, which can be attributed only to:

(i) ongoing operations at a single project away from premises owned or rented to you or;

(ii) a single “location” owned or rented to you:

1. A separate Project/”Location” General Aggregate Limit applies to each applicable project or “location”, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.

2. The Project/”Location” General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”, and for medical expenses under COVERAGE C regardless of the number of:

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 Project/”Location” General Aggregate Limit for each applicable project or “location”. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Project/”Location” General Aggregate Limit for any other project or “location”.

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 Project/”Location” General Aggregate Limit.

B. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be attributed only to ongoing operations at a single project or only to operations at a single “location”:

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

2. Such payments shall not reduce any Project/”Location” General Aggregate Limit.

C. When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, except where addressed by a separate provision, and not reduce the General Aggregate Limit nor the Project/”Location” General Aggregate Limit.

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

E. For the purposes of this endorsement, SECTION V - DEFINITIONS is amended by the addition of the following definition:

“Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

F. The provisions of SECTION III – LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

12. LOCATION/PROJECT PRODUCTS-COMPLETED OPERATIONS AGGREGATE

When coverage for the “products-completed operations hazard” is purchased under this policy the following applies:

A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A because of "bodily injury" and "property damage" included in the "products-completed operations hazard" which can be attributed only to:

(i) "your work" at a single project; or

(ii) operations at; or “your products” manufactured, sold, handled or distributed at, from or in connection with: a single “location”.

1. A separate Project/”Location” Products-Completed Operations Aggregate Limit applies to each project or covered “location”, and that limit is equal to the amount of the Products-Completed Operations Aggregate Limit shown in the Declarations.

2. The Project/”Location” Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A because of "bodily injury" and "property damage" included in the "products-completed operations hazard", regardless of the number of:

a. Insureds;

b. Claims made or “suits” brought; or

c. Persons or organization making claims or bringing “suits”

3. Any payments made under COVERAGE A for damages shall reduce the Project/”Location” Products-Completed Operations Aggregate Limit for that project or covered “location”. Such payments shall not reduce the Products-Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce any other Project/”Location” Products-Completed Operations Aggregate Limit for any other project or covered “location”.

4. The limit shown in the Declarations for Each Occurrence continues to apply. However, instead of being subject to the Products-Completed Operations Aggregate Limit shown in the Declarations, such limit will be subject to the applicable Project/”Location” Products-Completed Operations Aggregate Limit.

B. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTION I - COVERAGE A, because of “bodily injury” and “property damage” included in the “products-completed operations hazard” which cannot be attributed only to:

(i) "your work" at a single project; or

(ii) operations at; or “your products” manufactured, sold, handled or distributed at, from or in connection with: a single “location”:

1. Any payments made under COVERAGE A for damages because of “bodily injury” and “property damage” included in the “products-completed operations hazard” shall reduce the amount available under the Products-Completed Operations Aggregate Limit; and

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2. Such payments shall not reduce any Project/”Location” Products-Completed Operations Aggregate Limit.

C. Any payments for damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the General Aggregate Limit, and will not reduce the Products-Completed Operations Aggregate Limit nor any Project/”Location” General Aggregate Limit.

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

E. For the purposes of this endorsement, SECTION V - DEFINITIONS is amended by the addition of the following definition:

“Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

F. The provisions of SECTION III – LIMIT OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

13. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION

Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

Paragraphs e. and f. are added to 2. Duties In the Event of Occurrence, Offense, Claim Or Suit, as shown:

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 partnership; or

(3) An "executive officer" or insurance manager, if you are a corporation.

(4) A member or manager if the named insured is 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 partnership; or

(3) An "executive officer" or insurance manager, if you are a corporation.

(4) A member or manager if the named insured is a limited liability company.

14. INCIDENTAL HEALTH CARE MALPRACTICE LIABILITY

Only with respect to “bodily injury” arising out of a “health care incident” described in this endorsement, the following applies:

A. The following is added to Paragraph 1.b.Insuring Agreement of COVERAGE A – BODILY INJURY AND

PROPERTY DAMAGE LIABILITY; SECTION I – COVERAGES

Incidental Health Care Malpractice Liability This insurance applies to "bodily injury" arising out of a “health care incident” providing the professional health care services are incidental to the named insured’s primary business purpose when the “bodily injury” is caused by an “occurrence” that takes place in the “coverage territory” and occurs during the policy period.

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B. Paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY;

SECTION I – COVERAGES is amended as follows:

1. Paragraph 2.b., Contractual Liability is deleted and replaced with the following:

b. Contractual Liability "Bodily injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.

2. The following is added:

Any “health care incident” for which coverage is excluded by separate endorsement.

C. The following replaces to Paragraph 2.a.(1)(d) of SECTION II – WHO IS AN INSURED

(d) Arising out of his or her providing or failing to provide “professional health care services”.

However, if your primary business purpose is not providing “professional health care services”, paragraph (d) does not apply to “bodily injury” arising out of a “health care incident” and will be considered within the performance of their duties related to the conduct of your business.

D. SECTION V - DEFINITIONS is amended to:

1. Add the following definitions:

a. “Health care incident” means an act, error or omission by the named insured’s “employee’s” or “volunteer workers” in the rendering of:

(1) “Professional health care services” on behalf of the named insured; or

(2) Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

b. “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:

(1) Physician;

(2) Nurse;

(3) Nurse practitioner;

(4) Emergency medical technician;

(5) Paramedic;

(6) Dentist;

(7) Physical therapist;

(8) Psycho therapist;

(9) Psychologist;

(10) Speech therapist; or

(11) Other allied health professional

2. The definition of “occurrence” is deleted and replaced with the following:

“Occurrence” means a “health care incident”. All acts, errors or omission that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single “occurrence”;

E. Paragraph 4.b.(1) Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by 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 of on any other basis, except for insurance purchased specifically by the named insured to be excess of this coverage.

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15. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) Condition 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following:

We waive any right of recovery against any person(s) or organization(s), because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to the loss.

16. PRIMARY AND NONCONTRIBUTORY

Subparagraph a. Primary Insurance of Paragraph 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the following additional paragraph:

However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under the terms of this Coverage Form or amendatory endorsement provided that:

a. The additional insured is a Named Insured under such other insurance; and

b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

17. "MOBILE EQUIPMENT" REDEFINED

SECTION V - DEFINITIONS is amended as follows:

a. Paragraph 12.f.(1)(a), (b), and (c) of the "mobile equipment" definition does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight.

18. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS

Unless otherwise amended by separate endorsement to this Coverage Form, the following paragraph is added to Paragraph 6. of SECTION IV - CONDITIONS: Based on our reliance on your representations as to existing hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Form, we shall not deny coverage under this Coverage Form because of such failure.

19. FELLOW EMPLOYEE COVERAGE

For the purpose of this coverage, paragraph 2.a.(1), in SECTION II – WHO IS AN INSURED, is replaced by the following:

(1) "Bodily injury" or "personal and advertising injury":

(a) To you, to your partners or member (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business.

(b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above;

(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or

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

However, this does not apply to "bodily injury" to a co -"employee" when caused by your "employee", except with respect to claims for "bodily injury" to:

(a) A person arising out of any:

(i) Refusal to employ that person;

(ii) Termination of that person's employment; or

(iii) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person;

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Policy Number: 10057789CP

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(b) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs (a) (i), (ii), or (iii) above is directed; or

(c) Any person due to alleged negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others.

20. BROADENED BODILY INJURY DEFINITION

Unless otherwise amended by separate endorsement to this Coverage Form, the following replaces paragraph

3. in SECTION V - DEFINITIONS:

a. "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death, shock, mental anguish or mental injury sustained by that person at any time resulting from the bodily injury, sickness or disease.

21. ALIENATED PREMISES AMENDMENT

Paragraph 2.J.(2), Exclusions, of SECTION I - COVERAGE A. Bodily Injury and Property Damage Liability is replaced as follows:

(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned.

22. UNMANNED AIRCRAFT COVERAGE

A. The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Section I - Coverage A - Bodily

Injury and Property Damage Liability This exclusion does not apply to:

(6) Unmanned Aircraft

“Bodily Injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an “unmanned aircraft” weighing 15 lbs or less. Use includes operation and “loading or unloading”.

B. The following is added to SECTION V - DEFINITIONS:

“Unmanned aircraft” means an aircraft that is not:

a. Designed;

b. Manufactured; or

c. Modified after manufacture;

to be controlled directly by a person from within or on the aircraft.

If forms CG 21 09, CG 21 10 or CG 21 11 are attached to this policy, they do not apply to the extent that coverage is provided under this Paragraph 19. UNMANNED AIRCRAFT COVERAGE

23. COORDINATING COVERAGE

If the coverage provided by any provision within this endorsement, any other endorsement, form, or policy issued to you by us or any company affiliated with us apply to the same "occurrence", the maximum applicable per “occurrence” and aggregate limits of insurance available under all the endorsements, forms or policies shall not exceed the highest applicable per “occurrence” and aggregate limits of insurance under any one endorsement, form, or policy.

This condition does not apply to any coverage or policy issued by us or an affiliated company to apply specifically as excess insurance over the applicable coverage.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

STATE AUTO PEAK SERIES FOR CONTRACTOR’S LIABILITY

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CONTENTS:

A. PROPERTY OF OTHERS IN THE CARE, CUSTODY OR CONTROL OF THE INSURED & VOLUNTARY

PROPERTY DAMAGE

B. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION

AGREEMENT

C. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED FOR PERMITS

D. ADDITIONAL INSURED – ENGINEERS, ARCHITECTS, OR SURVEYORS

E. CONTRACTOR’S POLLUTION LIABILITY COVERAGE

F. AUTOMATIC LIMITED CONTROLLED (WRAP-UP) INSURANCE PROGRAM WITH EXCESS COVERAGE

G. BROADENED LIABILITY COVERAGE FOR DAMAGE TO “YOUR PRODUCT” AND “YOUR WORK”

H. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES

I. CONTRACT PENALTY REIMBURSEMENT

J. COORDINATING COVERAGE

A. PROPERTY OF OTHERS IN THE CARE, CUSTODY OR CONTROL OF THE INSURED & VOLUNTARY

PROPERTY DAMAGE

1. Care, Custody or Control Liability Coverage

a. With respect to Care, Custody or Control Liability Coverage provided in this endorsement only:.

(1) Exclusions 2.j.(3), and 2.j.(4) of Section I – Coverages – Coverage A - Bodily Injury And

Property Damage Liability do not apply to “property damage” to:

(a) Tools or equipment you borrow from others, nor;

(b) Other personal property of others in the care, custody or control of the Named Insured while being used in your operations away from premises owned, occupied by or rented to an insured.

However, the coverage granted by this exception to Exclusions 2.j.(3), and 2.j.(4) does not apply to:

(a) Property that is “mobile equipment” leased by an insured;

(b) Property that is an “auto”, aircraft or watercraft;

(c) Property in transit; or

(d) Any portion of “property damage” for which the insured has other valid and collectible insurance available, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions.

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2. Voluntary Property Damage Coverage For the purpose of Voluntary Property Damage Coverage in this endorsement only, the following applies:

a. Section I - Coverages is amended to include the following:

VOLUNTARY PROPERTY DAMAGE COVERAGE

(1) Insuring Agreement

(a) We will pay the cost to repair or replace "property damage" to property of others arising out of operations incidental to your business when:

1) Damage is caused by you; or

2) Damage occurs while in your possession.

At your written request, we will make this payment regardless of whether you are at fault for the "property damage".

If you, at our request, replace or make any repairs to, damaged property of others, the amount we will pay under Voluntary Property Damage Coverage will be determined by your actual cost to replace or repair the damaged property, excluding any profit or overhead.

Any payment we make under Voluntary Property Damage Coverage shall not be interpreted as an admission of liability by you or by us.

(b) This insurance applies to "property damage" only if:

1) The "property damage" takes place in the "coverage territory"; and

2) The "property damage" occurs during the policy period.

(2) Exclusions Exclusions 2.j.(5) and 2.j.(6) of Section I – Coverages – Coverage A - Bodily Injury And Property Damage Liability do not apply to "property damage" to property of others as described under this Voluntary Property Damage Coverage. All other applicable exclusions under Coverage A – Bodily Injury And Property Damage Liability apply.

(3) Definitions For purposes of this Voluntary Property Damage Coverage only, the following definitions under Section V - Definitions are replaced by the following:

13. "Occurrence" means an incident, including continuous or repeated exposure to substantially the same general harmful conditions that result in "property damage".

17. "Property damage" means physical injury to tangible property. “Property Damage” does not include disappearance, abstraction or theft.

Electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs, stored as or on, created or used on, 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.

3. With respect to the Care, Custody or Control Liability, paragraph A.1. above, and Voluntary Property Damage Coverage, paragraph A.2. above in this endorsement:

a. We shall have no duty whatsoever to defend claims and/or lawsuits for which the only coverage provided is under this limited grant of coverage;

b. Any payment we make shall not be interpreted as an admission of liability by you or by us; and

c. Supplementary Payments – Coverages A And B under Section I – Coverages does not apply.

4. Limit of Insurance With respect to this Care, Custody or Control Liability Coverage and Voluntary Property Damage Coverage afforded in this endorsement, the following is added to Section III – Limits of Insurance:

Regardless of the number of insureds, claims made or “suits” brought, or persons or organizations making claims or bringing “suits”:

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a. Subject to b. below, the most we will pay for “property damage” including all resulting loss of use is:

1) $2,500 as a result of any one “occurrence” and the most we will pay for the sum of all occurrences during the policy period is the aggregate limit of $10,000; or

2) The amount shown in the Declarations, if greater than 1) above, for Property Of Others In The

Care, Custody, And Control Of The Insured & Voluntary Property Damage.

b. The limit in 3.a. above is part of and not in addition to the Commercial General Liability Each

Occurrence limit described in Paragraph 5. of Section III – Limits of Insurance of the Commercial General Liability Coverage Form.

We will not pay for “property damage” in any one “occurrence” until the amount of loss or damage exceeds the deductible shown for this coverage in the policy declarations. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable limit of insurance. The limits of insurance will not be reduced by the application of such deductible amount.

We may pay any part or the entire deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as has been paid by us.

c. The amount we pay for the sum of all occurrences in an annual policy period is the Aggregate Limit for this coverage. This amount is part of and not in addition to the Commercial General Liability General Aggregate Limit described in Paragraph 2. of Section III – Limits of Insurance of the Commercial General Liability Coverage Form.

B. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION

AGREEMENT

The words “you” and “your” as used in this provision refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under the policy to which this endorsement is attached. “You” and “your” do not refer to an additional insured.

1. SECTION II – WHO IS AN INSURED is amended to include any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” and subject to the following:

a. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements:

(1) The Insurance Services Office (ISO) CG 20 10 (10/01 edition); or

(2) The Insurance Services Office (ISO) CG 20 37 (10/01 edition), such person…

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