Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: MAY 14, 2024
SUBJECT: APPROVAL OF AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC.
FOR REPLACEMENT OF THE HEATING, VENTILATION AND AIR
CONDITIONING (HVAC) SYSTEM AT BARBARA J. RILEY COMMUNITY AND
SENIOR CENTER
EXECUTIVE SUMMARY
The City Council will consider awarding a contract agreement to F.M. Thomas Air Conditioning, Inc. (F.M. Thomas) for the replacement of the HVAC system at the Barbara J. Riley Community and Senior Center. The project is listed in the Fiscal Year 2023-2024 Capital Improvement Program (CIP) as CIP 24-16.
RECOMMENDATION
That the City Council:
1. Approve an agreement with F.M. Thomas Air Conditioning, Inc. in the amount of $572,694 for the replacement of the HVAC system at the Barbara J. Riley Community and Senior Center; and
2. Authorize the City Manager to execute all amendments to the agreement in a form acceptable by the City Attorney.
BACKGROUND
The replacement of the HVAC system at the Barbara J. Riley Community and Senior Center was identified in the Fiscal Year 2023-2024 CIP budget due to the age of the system. The center is used for a variety of activities including senior-related activities that are hosted six days a week, serving as a venue for private events such as weddings, and serving as one of two designated cooling stations for the City. There are currently 11 roof-mounted HVAC units that service the center that are over 25 years old.
Public Works staff has maintained the deteriorating HVAC system but the useful life of the system has expired and needs replacement to continue to serve the programming needs of the center.
CONTRACT AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC.FOR THE REPLACEMENT OF THE HVAC SYSTEM AT THE BARBARA J. RILEY COMMUNITY AND SENIOR CENTER MAY 14, 2024
PAGE 2
ANALYSIS
In compliance with the City of Downey’s Cooperative Purchasing Policy, staff recommends piggybacking on an existing competitively bid contract between the Placentia-Yorba Linda Unified School District and F.M. Thomas to perform the replacement of the HVAC system at the Barbara J. Riley Community and Senior Center.
Piggybacking on the agreement from the Placentia-Yorba Linda Unified School District allows the City to take advantage of competitively priced labor, materials, and equipment costs. Additionally, F.M. Thomas is an HVAC company that has the personnel and experience necessary to perform the contract work in a quick and efficient manner. They were also responsible for the installation of the existing HVAC system at the center and have been performing routine maintenance on it through its maintenance contract with the City. As a result, this makes the firm best positioned to complete the work in a timely and effective manner.
On April 11, 2024, Public Works staff received a cost proposal from F.M. Thomas in the amount of $572,694 to furnish and install 11 roof-mounted HVAC units and related ancillary work at the Barbara J. Riley Community and Senior Center. As a comparison in the market, staff also received a bid from ACCO Engineered Systems, Inc. (ACCO) of $571,856 through Sourcewell, a nationally recognized cooperative procurement agency utilized by government agencies for competitively bid contract services. While this bid is slightly less than the one provided by F.M. Thomas, it does not include necessary scope of work items to replace the HVAC controls that was included by F.M. Thomas, which will make the ACCO bid higher. Ultimately, the analysis shows that the two independent bids are representative of the market based on recent competitive bidding processes and that F.M. Thomas has the lowest price for completing the scope of work.
Public Works and Parks & Recreation staff will coordinate with F.M. Thomas Air Conditioning, Inc. to perform work at the facility so as to limit the impact to scheduled programming and events at the Barbara J. Riley Community and Senior Center. F.M.
Thomas Air is scheduled to begin the work mid-May 2024 and pending weather will complete the work in June 2024.
CITY COUNCIL PRIORITIES
Quality of Life, Safety, & Infrastructure
FISCAL IMPACT
Approval of the recommended actions will result in an expenditure of $572,694.
Sufficient funds in the amount of $606,404 are available across various accounts in the fiscal year 2024-2025 Capital Improvement Program (CIP) budget to fund the
CONTRACT AGREEMENT WITH F.M. THOMAS AIR CONDITIONING, INC.FOR THE REPLACEMENT OF THE HVAC SYSTEM AT THE BARBARA J. RILEY COMMUNITY AND SENIOR CENTER MAY 14, 2024
PAGE 3
replacement of the HVAC system at the Barbara J. Riley Community and Senior Center Project, CIP No. 24-16. Available funds remaining from other CIP projects will be transferred to cover the full cost of the HVAC project.
Account No. Funding Source Amount
40-1-6917 HVAC Improvements at BJR Senior Center $300,000 40-1-6913 Parking Structure Painting & Cameras $190,000 40-1-6893 Independence Park Storm Drain Repair $100,000 40-1-6909 Warehouse Door Upgrade at Maintenance Yard $16,404 Total Funding: $606,404
ATTACHMENTS
Attachment A: Contract Agreement
CONTRACT AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 24-16
HVAC IMPROVEMENTS AT BARBARA J. RILEY COMMUNITY
AND SENIOR CENTER PROJECT
THIS CONTRACT is made and entered into at Downey, California this day of , 2024, by and between the CITY OF DOWNEY, a chartered municipal corporation (hereinafter "City") and F.M. THOMAS AIR CONDITIONING, INC., (hereinafter 'Contractor’)
THE PARTIES HERETO AGREE AS FOLLOWS
1 CONTRACT DOCUMENTS - Contractor agrees to perform all work specified in the attached 9;ope of Work included in the Bidder’s Proposal for HVAC Improvements at Barbara J. Riley Community and Senior Center Project No, 24- 16 ("Project"), in accordance with the documents hereinafter described, which are by reference incopomted herein and made a part hereof, and are in the Office of the City Engineer.
A. Plans for HVAC Improvements at Barbara J. Riley Community and Senior Center under Capital Improvement Project No. 24-16.
B. Specifications for HVAC Improvements at Barbara J. Ri£ey Community and Senior Center Project under Capital Improvement Project No 24-16.
C. Proposal, including ascertainment of prevailing wage D. Instructions to Proposers
E.Proposal for HVAC Improvements at Barbara J. Riley Community and Senior Center Project under Capital Improvement Project No 24-16, executed by the Contractor.
2. PAYMENT - in consideration thereof the City agrees to pay to the Contractor the sum of Five Hundred Seventy- Two Thousand Six Hundred Ninety•Four Dollars ($572,694.00), payable as set forth in the General Conditions, and in accordance with the Contractor’s Price Proposal and Unit Prices shown in the Bid Form:
BASE BID
ITEM DESCRIPTION
255,788.00
1 ,000.00
25,578.00Sales Tax
Supply and return ductwork aIx)ve roofTine and
stainless steel pd covers = 5,725 lbs of stainless
and demolitionsteel ductwork
4 Ton, High Efficiency, Electric Cooling, Gas Heat,
DX Unitary Package Rooftop Unit (Trane
YH
CONTRACT AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 2&16
SUBTOTAL
8,248.00
218,640.00
,694.00TOTAL BASE COST - Items 1 to 3 (in F}gures)
TOTAL BASE COST - Items 1 to 3 (1,Five Hundred Seventy•Two Thousand Six HundredWcxds)
CONTRACT AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 24-16
3 INDEMNIFICAT10N. To the fullest extent allowed by law, Contractor and its subcontractors hereby agree to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees. representatives and volunteers (hereinafter collectively referred to as 'lndemnitees'), through legal counsel acceptable to City, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following A.Performance or nonperformance of the Project by Contractor or its subcontractors of any lower tier; B. Performance or nonperformance of any of the obligations under the Contract Documents by Contractor or its subcontractors of any lower tier;
C. The construction activities of Contractor or its subcontractors of any lower tier, either on the Project site or on other properties;
D. The payment or nonpayment by Contractor or any of its subcontractors of any lower tier for work performed on or off the Project site; and
E. Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance of the Project by Contractor or its subcontractors of any lower tier.
The indemnity obligations of subcontractors provided by this section shall be included in all subcontract documents issued by Contractor. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee,
CONTRACT AGREEMENT
CAPITAL IMPROVEMENT PROJECT NO. 24-16
IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first a&)ve written F.M. THOMAS AIR coNDrrioNiNG, INC
By:
A u t h o N !:: En a tJ: Fp it M e )
Date: JT+l+naH_
CITY OF DOWNEY
By:
Roger BradFey, City Manager
Date
APPROVED AS TO FORM:ArrEST
By:%,.t„I
M. Funk, City Attorney
S-3 -zR
By:
Maria Alicia Duane, CMC, City Clerk
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract.
F.M. THOMAS AIR coNDrrioNiNG, INC.
By
By:
Date
Note: ThIs Contract Agreement must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California
County of a -}
personally appeared
Date e of the Officer
Wa\l,ILI Ecj~dyk
Name(s) of Signer(s) I
who proved to me on the basis of satisfactory evidence to be the person(# whose name(s) is/M subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tEar authorized capacity(iB), and that by his/her/t_M signature(#on the instrument the person(8), or the entity upon behalf of which the personMacted, executed the instrument, I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
eg-i £dd-GSignature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Signer(s) Other Than Named Above
Document Date:Number of Pages
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
D Corporate Officer – Title(s)
a Partner – D Limited a General
n Individual a Attorney in Fact
D Trustee a Guardian or Conservator
O Other:
Signer is Representing:
Signer’s Name
D Corporate Officer – Title(s):
D Partner – a Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other:
Signer is Representing
'2019 National Notary Association
WMWHH
Bond No
PERFORMANCE BOND
HVAC IMPROVE©ENTS AT BARBARA J. RILEY COMMUNITY
AND SENIOR CENTER PROJECT
CAPITAL IMPROVEMENT PROJECT NO. 24-16
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey, California ('City''), has awarded Capital Improvement Project No. 2416 ('Contract") to F,M. Thomas Air Conditioning Inc. ('Principal-), for the HVAC Improvements at Barbara J, Riley Community and Senior Center Project
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract,
NOW, THEREFORE, we, the undersigned Principal, and (-Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly tx3und unto the City in the penal sum of Five Hundred Seventy-Two Thousand Six Hundred Ninety-Four Dollars ($572,694.00), this amount being not less than the total Contract price, in lawfUI money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDIT10N OF THIS 0BLIGAT10N IS SUCH THAT, if the hereby bounded Principal, or his/her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the City, its officers, agents and others as therein provided, then this obligation shall become null and void; otherwise. it shall in and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees as part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligalon, all to be treated as cost and included in any resolution,
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or m(xiification to the terms of the Contract, or of the work to be performed thereunder, or the Specifications for the same, shall in any way affect its obligations under this tx)nd, and it does hereby waive notice of any such change, extension of time, alteration, aidition, or modification to the terms of the Contract or to the work or to the Specifications thereunder
PERFORMANCE BOND
CAPITAL IMPROVEMENT PROJECT NO. 2&16
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned repesentative(s) pursuant to authority of its governing bay.
Date,
"Principal""Surety'
Its
ItsIts
(Seal) (Seal)
Note: This tx>nd must tn executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached
Bond No
PAYMENT BOND
(LABOR AND MATERIAL)
CAPITAL IMPROVEMENT PROJECT NO. 24.16
HVAC IMPROVEMENTS AT BARBARA J. RILEY COMMUNITY
AND SENIOR CENTER PROJECT
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Downey, California ('City'), has awarded Capital Improvement Project No. 2+16 ('Contract') to F,M. Thomas Air Conditioninq, Inc. ('Principal"), for the HVAC Improvements at Barbara J. Riley Community and Senior Center Project.
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborer, mechanics, material suppliers, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and ('Surety-) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Five Hundred Seventy-Two Thousand Six Hundred Ninety-Four Dollars (§572,694.00), this amount being not less than the total Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Principal, or his/her heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13030 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety wiN pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this tx)nd, Surety further agrees to pay aN court costs incuITed by the City in the suit and attorneys' fees.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, a[teration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or these Specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to these Specifications thereunder
PAYMENT BOND
CAPITAL IMPROVEMENT PROJECT NO. 24-16
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Pdncipal and Surety, on the date set forth below. the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Date:
"Principal'"Surety"
By:
By:
Its
Its
Its
Its
(Seal) (Seal)
Note: This tx)nd must be executed in duplicate and dated , all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
GENERAL LIABILITY/AUTOMOBILE LIABILITY
INSURANCE DOCUMENTATION FOR CONTRACT AGREEMENT
FOR THE CITY OF DOWNEY, CALIFORNIA
HVAC IMPROVEMENTS AT BARBARA J. RILEY coMMUNrrY
AND SENIOR CENTER PROJECT: CIP 2416
This document acknowledges insurance provided under the following & COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE PART
Er AUTOMOBILE LIABILITY INSURANCE COVERAGE PART
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this document is attached or in any endorsement which now or later attaches to the policy, the Company agrees as follows:
ADDITIONAL INSURED: The City of Downey, its officers, agents and employees are included as additional insured, with respect to liability and defense of claims and suits arising out of the operations and uses performed by or on tnhalf of the named nsured
CONTRIBUT10N WAIVED: This insurance is primary. The City of Downey's insurance program shall be excess of this insurance. The Company shall not seek contribution from the City and its insurers SEPARAT10N OF INSURED: This insurance applies separately to each insured against whom claim is made or suit is brought, except that the naming of multiple insured shall not increase the Company’s limits of liability, The inclusion of any person, organization, firm or entity as an insured under the policy shall not affect any right which such person, organization, firm or entity would have as a claimant if not so included,
CANCELLATION NOTICE: if the Company elects to cancel or terminate this insurance before the stated expiration date, or declines to renew a continuous policy, or reduces the stated limits other than by impairment of an aggregate limit, the Company shall mail written notice to the City at least 30 days in advance of such election. For non-payment of premium, the Company shall give the City at least ten (10) days advance written notice of cancellation or termination Except as stated above, all other endorsements, provisions, conditions, limits and exclusions of this insurance shall remain unchanged.
cJ
By my signature On
this document:
AU
;Y hIm'Oh£
&oS IAL-gt,63IALL,
document, I warrant that I have authority to bind the insurance company and do so bind the company to
GUIDANCE FOR SUBMITTING EVIDENCE OF INSURANCE
TO THE CITY OF DOWNEY
1 For faster processing of your permit application, lease, contract or purchase order, please give this insurance document to your insurance company, or its authorized representative, for completion of this form. No modifications to this form are permitted.
2.If your insurance company or the authorized representative chooses instead to use its own endorsement form, you should allow for extra processing time by the City. The City Attorney's office must review all insurance company forms for compliance with the conditions of your permit, lease, contract or purchase order, or other City insurance requirements.
3.In addition to this insurance document, or your insurance company’s endorsement form, you must submit to the City a “certificate of insurance” from your insurance company. The certificate must comply with the City’s insurance requirements.
4 YOUR CERTIFICATE OF INSURANCE AND THIS INSURANCE DOCUMENT MUST SHOW COMMERCIAL GENERAL LIABILITY COVERAGE AND AUTOMOBILE LIABILITY COVERAGE. UNLESS CITY PERSONNEL INSTRUCT YOU OTHERWISE.
5 Please return this insurance document and the certificate to the City Department below:
Permit Applicants:
Vendors:
Engineering Division
Purchasing
Contractors, Consultants,
Lessees:
City Department responsible for your
Contract or requesting your services
CERTIFICATE OF LIABILITY INSURANCE DATE (MH/DDrYYW)
3/25/2024
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.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Bowermaster Insurance Broker:
P.O. Box 6026
10805 Holder St Suite 350
Cypress CA 90630
SRI:eCT Shea Henderson
!TrIfo. Ext): 714-733.6200
i##Ess, [email protected]
FAX
' {A/CINe):
INSURED
FM Thomas Air Conditioning. Inc.
231 Gemini Ave
Brea CA 92821
INSURER(S) AFFORDING COVERAGE
iNSURER A , Val19JFojge Insurance Company
18SURER B , Continental Casualty Co.
INSURER c , In§Llrance Company of the West
iNSURER o , Continental Insurance Company
NAIC #
20508
20443
27847
35289
FMTHOMA-01
INSURER E
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 IM , mPE OF INSURANCE .f£SDJ Wg: POLICY NUMBER {;&HgWY) {£8FWS) LIMITS CLAIM$MADE IT OCCUR 1 - B:yIBE!?=,FI„, t m)
COVERAGES CERTIFICATE NUMBER: 1595418056 REVISION NUMBER:
MED EXP (Any one person) $ 15.000
GEN'L AGGREGATE LIMIT
POLICY X TEPf
PERSONAL & ADV INJURY
PRODUCTS . COMP/OP AGG $2,000,000
$
X ANY AUTO
OWNED
AUTOS ONLY
BL AU+OS ONLY
mN WsmTMn–TTo=Tdi
BODILY INJURY (Per person) $
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per
PToTERIY DAMAGEPer accidentl
D X UMBRELLAUAB $ 4,000.000
$ 4.000.000
OED X RETENTIONS
V
AND EMPLOYERS' UABILrrY
ANYPROPRIETOR/'PARTNER'EXECUTIVE
OFFICER'MEMBEREXCLUDED I
(Mandatory in NH)qPr
b£i-diiP-fl6ri 6F-6PERATIONS b,1,w
X :FIT UTE
E.L. EACH ACCIDENT
ER
E,L,ASE INIIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AddItional Remarks Schedule, may be attached if more space is requIred) City of Downey Department of Public Works is Additional Insured as respects General Liability and Automobile Liability per attached policy endorsement forms Waiver of Subrogation applies to Workers' Compensation per attached form City of Downey Department of Public Works11111 Brookshire Ave Downey CA 90241
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
EXPIRATION DATE THEREOF, NOTICE WILL BE IN
WITH THE POLICY
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: 6057223216
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART 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,
1. Additional Insureds
3. Bodily Injury – Expanded Definition
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
ned 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 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
TABLE OF CONTENTS
g
g
i
CNA74705XX (1-15) Policy No: 6057223216
ALLEY FORGE 1 NSURANCE COMPANY EKective Date : 04/01/2024 Insured Name: F U THOmAS AIR CONDrTIONINb INC
CopyrIght CNA All Rights Reserved. Includes mpynghted material of Insurance ServIces CXfim. Inc.. with ItS permISSIon.
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement (1 ) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury 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 by the applicable paragraph A. through H. below,
Any coverage granted by this endorsement shall apply only to the extent permissible by law A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1.such person or organization's financial control of a Named Insured; or 2 premises such person or organization owns, maintains or controls while a Named Insured 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
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises,
C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance. operation or use of such equipment. provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease
D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15)
VALLEY FORGE INSURANCE COMPANY
Insured Name: r U THO bUS AIR CONDITIONING INC
CopyrIght CNA AI RIghts Reserved. IndtxJes aopynghted material of Insurance ServIces CXfioe. Inc.. WIth ItS perm6son.
Policy No:
Endorsement No:
6057223216
2 CNN 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,
An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager. but only with respect to liabIlity for bodily injury, property damage or personal and advertising injury arising out of the ownership. maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal 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
Lessor of Premises
F,
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured Mortgagee, Assignee or Receiver
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 FX)litical subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
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 g
g
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b.the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf The coverage granted by this paragraph does not apply to:
Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or 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 b.Bodily injury or property damage included within the products<ompleted operations hazard H
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by'
Trade Show Event Lessor
CNA74705XX (1-15)
VALLEY FORGE INSURANCE COMPANY
Insured Name: F t. I THor'IAS AIR CON31TIOFilt.JG INC
CopyrIght CNA AI RIghts Rw8rved. IndLXles copyrIghted materIal of Insurance ServIces (Xfim. Inc.. WIth ItS permISSIon Policy No
Endorsement No
6057223216
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
a. the Named Insured's acts or omissions; or
in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event
b.the acts or omissions of those acting on the Named Insured's behalf
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products{ompleted operations hazard
2 ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph
If the Named Insured 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 seek contribution from that other insurance. For the purpose of this Provision 2., 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
Under DEFINITIONS, the definition of bodily injury 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 physica injury, sickness or disease
4.BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS. the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However. the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim
5.BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following
3. Pursuant to the limitations described in Paragraph 4. below. any organization in which a Named Insured has management control
a on the effective date of this Coverage Part; or
CNA74705XX (1-1 5)
VALLEY FORGE INSURANCE COMPANY
Insured Name: F M THO[4AS AIR CONDITIONING INC
CopyrIght CNA AH Rights Reserved. Includes oopynghted materIal of Insurance ServIces (Xfioe. Inc . WIth ItS permbsion.
Policy No:
Endorsement No
6057223216
2 CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
b.by reason of a Named Insured creating or acquiring the organization during the policy period qualifies as a Named Insured, 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
But this BROAD NAMED INSURED provision does not apply to (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part For the purpose of this provision, management control means A.owning interests representing more than 50% of the voting, appointment or designation selection of a majority of the Board of Directors of a corporation; or power for the
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.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage 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 management control or that first occurs after management control ceases 5 The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ
6 BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK g
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A.Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following:
This insurance does not apply to
k.Damage to Your Product
(1) fire;
(2) smoke
Property damage to your product arising out of it, or any part of it except when caused by or resulting from ==nnHl•
=
===••Hl•
(3) collapse; or
I. Damage to Your Work
(4) explosion
Property damage to your work arising out of it, or any part of it and included in the products{ompleted operations hazard
This exclusion does not apply
(1) if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or
CNA74705XX (1-1 5)
VALLEY FORGE INSURANCE COMPANY
Insured Name: F M THOMAS AIR CONDITIONING INC
Copwght CNA All RIghts Reserved. Includes mpynghted materIal of Insurance ServIces Office. Inc., WIth ItS permISSIon.
Policy No:
Endorsement No
6057223216
CAIA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) if the cause of loss to the damaged work arises as a result of (a) nre
(b) smoke
(c) collapse; or
(d) explosion
B.The following paragraph is added to LIMITS OF INSURANCE Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product€ompleted operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor.
C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7 With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following:
CONTRACTUAL LIABILITY – RAILROADS
Insured Contract means
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 to premises while rented to a Named Insured or temporarily occupied by a Named Insured 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 ordinance, to indemnify a municipality, except in connection with work for a municipality;
f.
An elevator maintenance agreement
That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability 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 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) Under which the Insured, if an architect, engineer or surveyor. assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services. including those listed in (1) above and supervisory, inspection, architectural or engineering activities.
8.ELECTRONIC DATA LIABILITY
CNA74705XX (1-15)
VALLEY FORGE INSURANCE COMPANY
Insured Name: F I.I THOr-LAS AIR CONDITIONING INC
COpyrIght CNA All Rights Reserved. Includes mpynghted material of Insurance Services CXfioe, Inc.. with its permISsion.
Policy No:
Endorsement No
6057223216
CAIA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
A.Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data 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 manipulate electronic data that does not result from physical injury to tangible property However. unless Paragraph (1 ) above applies, this exclusion does not apply to damages because of bodily Injury
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above.
B.
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data
The following paragraph is added to LIMITS OF INSURANCE C. The following definition is added to DEFINITIONS
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.For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following g
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Property damage means
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 physica[ly injured. Al such loss of use shall be deemed to occur at the time of the occurrence that caused it; or
Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it E If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 1imit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit.
For the purposes of this insurance, electronic data is not tangible property 9 ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates. heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-1 5)
VALLEY FORGE INSURANCE COMPANY
Insured Name: r u THOMAS AIR CONDITIONING INC
CopyrIght CNA AH Rights Ruewed. Indrxies oopynghted materIal of Insurance ServIces (Xfioe. Inc,. WIth ItS perrrysslon.
Policy No:
Endorsement No
6057223216
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
claims arising solely out of their capacity or status as such and, in the case of a spouse. where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative. or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business,
10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following This insurance does not apply to
Expected or Intended Injury
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
11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured 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. All damages under Coverage A, except damages because of bodily injury or property damage included in the products{ompleted operations hazard ; and
that arise from occurrences 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. 2 All medical expenses under Coverage C
B
1 2.
All
Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products€ompleted operations hazard; and Damages under Coverage B, regardless of the number of locations or construction projects involved
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project.
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 or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. will reduce the General Aggregate Limit shown in the Declarations D.When coverage for liability arising out of the products{ompleted operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products{ompleted operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved
CNA74705XX (1-15)
VALLEY FORGE INSURANCE COMPANY
Insured Name: F 14 THOmAS AIR CONDITIONING INC
Copyright CNA AI RIghts Reserved. Indtxles oopynghtod materIal of Insurance ServIces (Xfioe. Inc., WIth ItS permissIon.
Policy No:
Endorsement No:
6057223216
2 eND,CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
E.If a single construction project away from premises owned by or rented to the Insured 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.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured. will be treated in the same manner as though the action were in personam against the Named Insured
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if:
(1 ) such bodily injury is caused by an occurrence that takes place in the coverage territory (2) the bodily injury first occurs during the policy period. Nl bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence and
B Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to:
add the following to the Employers Liability exclusion
This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits)
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delete the exclusion entitled Contractual Liability and replace it with the following This insurance does not apply to
Contractual Liability
the Insured's 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
•
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:
BI
b
This insurance does not apply to
Discrimination
any actual or alleged discrimination. humiliation or harassment, including but not limited to claims based on an individual's race, creed, color. age, gender, national origin, religion, disability, marital status or sexual orientation
Any actual or alleged dishonest, criminal or malicious act, error or omission Dishonesty or Crime
CNA74705XX (1-15) Policy No: 6057223216Page 9 of 17 Endorsement No: 2
VALLEY FORGE INSURANCE COMPANY
Insured Name: r M THOMAS AIR CONDITIONING INC
Copyright CNA All Rights Reserved. Includes mpynghted materIal of Insurance Services OfHm. Inc.. WIth ItS permISsion.
Medicare/Medicaid Fraud
CNN 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
Any health care incident for which coverage is excluded by endorsement C. DEFINITIONS is amended to'
add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured 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
Nurse practitioner;
d,Emergency medical technician
Paramedic:
f.Dentist :
g. Physical therapist;
h. Psychologist;
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 ,
delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event. advice or decision will be considered to constitute a single occurrence,
amend the definition of Insured to:
11 a. add the following:
the Named Insured's employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and
CNA74705XX (1-15) micy No: 6857223216
VALLEY FORGE INSURANCE COMPANY
Insured Name: r u THorns AIR CONDITIONING INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., wIth Its permission.
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2)bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business
when such bodily injury arises out of a health care incident the Named Insured's volunteer workers are Insureds with respect to (1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and
(2)bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business when such bodily injury arises out of a health care incident D.The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following
b delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED b. Excess Insurance
Other 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 specifically by the Named Insured 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 No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period. such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that g
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a any offense giving rise to personal and advertising injury occurred prior to such termination date personal and advertising injury arising out of such offense first occurred after such termination date and the
b.the bodily injury or property damage first occurred after such termination date; and there is no other valid and collectible insurance purchased specifically to insure the partnership limited liability company; and
joint venture or
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Please see that provision for the definition of consolidated (wrap.up) insurance program
15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE. CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entided Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
CNA74705XX (1-15)
VALLEY FORGE INSURANCE COMPANY
Insured Name: F 1.1 THOMAS AIR coNDrTioNrric INC
CcpWight CNA All RIghts Reserved. Includes copyrIghted material of Insurance Services Office. Inc., WIth ItS permission.
Policy No:
Endorsement No
6057223216
CAIA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
J.Damage to Property
(1) Property the Named Insured 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;
Property damage to
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises:
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it
Paragraphs (1 ), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. nor to the contents of premises rented to the Named Insured 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 LIMITS OF INSURANCE.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement,
Paragraph (2) of this exclusion does not apply if the premises are your work Paragraph (6) of this exclusion does not apply to property damage included in the products<ompleted operations hazard
Paragraphs (3) and (4) of this exclusion do not apply to property damage to tools, or equipment the Named Insured borrows from others, nor other personal property of others in the Named Insured's care. custody or control while being used in the Named Insured's operations away from any Named Insured's premises. a. property at a job site awaiting or during such property's installation, fabrication, or erection b. property that is mobile equipment leased by an Insured However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to d
property that is an auto, aircraft or watercraft
property in transit; or
any portion of property damage for which the Insured 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
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below,
CNA74705XX (1-15) Policy No: 6057223216
VALLEY FORGE INSURANCE COMPANY
Insured Name: F M THor.iAS AIR CONDITIONING INC
Copyr}ght CNA All RIghts Reserved. Includes copyrighted material of Insurance Services CXfioe. Inc.. with its pormission.
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days C
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE Subject to 5. above. $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care. custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. Tbe Insurer's obligation to pay such property damage does not apply until the amount of such property damage 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 The following paragraph is added to LIMITS OF INSURANCE D,Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following
6.Subject to Paragraph 5. above. (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured 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
E.Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following b.The Damage To Premises Rented To You Limit shown in the Declarations (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control;
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16. LIQUOR LIABILITY
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part,
17. MEDICAL PAYMENTS
a
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A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following
7 Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1 ) $15.000 unless a different amount is shown here:
(2) the amount shown in the Declarations for Medical Expense Limit $N,NNN.NNN.NNN:or
CNA74705XX (1-1 5)
VALLEY FORGE INSURANCE COMPANY
Insured Name: r M THOMAS AIR CONDITIONING INC
CopyrIght CN A All RIghts Reserved. Includes mpynghted material of Insurance Services Office. Inc.. WIth ItS permISsion.
Policy No:
Endorsement No
6057223216
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Under COVERAGES. the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) 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
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows
The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following Ttlis exclusion does not apply to an aircraft not owned by any Named Insured. 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. the aircraft is rented with a trained, paid crew to the Named Insured; and
3. the aircraft is not being used to carry persons or property for a charge
19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, 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. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, B. Under COVERAGES, Coverage B - Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
Tbis insurance does not apply to
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. 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) the Named Insured; or
(b) any executive officer, dIrector, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured
2. add the following exclusions:
CNA74705XX (1-1 5) Policy No, 60572232r 6
VALLEY FORGE INSURANCE COMPANY
Insured Name: r 14 THOmAS AIR CONDITIONING INC
CopyrIght CNA AI Rights R%erved. IndtxJes CopyrIghted materIal of Insurance ServIces (Xfioe. Inc.. WIth ItS permissIon.
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement I
This insurance does not apply to
Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured discrimination or humiliation arising out of the sale. rental, lease or sub-lease or prospective sale, renta lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured Premises Related Discrimination
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination,
The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives scHely from attachment of an additional insured endorsement to this Coverage Part Provision 1. ADDITIONAL INSURED of this endorsement; or This PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part 21 PERSONAL AND ADVERTISING INJURY . CONTRACTUAL LIABILITY A.Under COVERAGES, Coverage B –Personal and Advertising Injury Liability.
Exclusions is amended to delete the exclusion entitled Contractual Liability. the paragraph entitled
B,Solely for the purpose of the coverage provided by this PERSONAL AND CONTRACTUAL LIABILITY provision. the following changes are made SUPPLEMENTARY PAYMENTS – COVERAGES A AND B
ADVERTISING INJURY .
to the section entitled
1 Paragraph 2.d. is replaced by the following
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d,The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;
2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) 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 by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.=
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This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part,
22. PROPERTY DAMAGE – ELEVATORS
A,Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entjtled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators CNA74705XX (1-15) Policy No: 6a57223216
/ALLEY FORGE INSURANCE COMPANY
Insured Name: r M THObrAS AIR CONDITIONING INC
Copyright CNA All RIghts Reserved. Includes copyrIghted material of Insurance Services Offim. Inc,. with its permissIon.
CNN CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS 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
The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows A. Paragraph 1.b. is amended to delete the $250 1imit shown for the cost of bail bonds and replace it with a $5,000 limit; and
B Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. 1imit
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure
25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us 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. the Named Insured's ongoing operations; or
2. your work included in the products{ompleted operations hazard However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement,
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim
1 is in effect or becomes effective during the term of this Coverage Part; and
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 construction project in the state of Alaska. that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation If the endorsement EXCLUSION - CONSTRUCTION WRAP'UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled [nsurance Programs (O.C.LP.) or Contractor Controlled [nsurance Programs (C.C.I.P.) is attached, then the following changes apply A The following wording is added to the above-referenced endorsement With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf: nor
CNA74705XX (1-15) hUey No: 6057223216Page 16 of 17 Endorsement No: 2 'ALLEY FORGE INSURANCE COMPANY
Insured Name: F I'l THOMAS AIR CONDITIONING INC
CopyrIght CNA All Rights Reserved. Includes mpyrighted material of Insurance Services CXfioe. Inc., with its permissIon.
CAIA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
2. Bodily injury or property damage included within the products{ompleted operations hazard that arises out of those portions of the project that are not residential structures B,
This insurance is excess over
Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c) (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program
C
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.).
DEFINITIONS is amended to add the following definitions 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,the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs detached garages, guest houses or any similar structures) However, when there is no individual ownership of units, residential structure does not include military housing college/university housing or dormitories, long term care facilities. hotels or motels. Residential structure also does not include hospitals or prisons,
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part a\
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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.
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CNA74705XX (1-15) Policy No: 6057223216
VALLEY FORGE INSURANCE COMPANY
Insured Name: r M THOMAS AIR CONDITIONING INC
CopyrIght CNA AH RIghts Reserved. Indtxles oopynghted materIal of Insurance ServIces CXfioe, Inc.. WIth ItS pum6slon.