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HomeMy WebLinkAbout492167 TETRA TECH CONSTRUCTION SERVICES INC - INSURANCE CERTIFICATECERTIFICATE OF LIABILITY INSURANCE DATE09k/ 5/D2D1) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. - Los Angeles CA Office CONTACT NAME: PHONE A/C No. Ext): �866) 283-7122 FAX No ): (847) 953-5390 E-MAIL ADDRESS: 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA CUSTDOMERID#:570000036654 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 Tetra Tech, Inc. 1576 Sherman St., Suite 100 Denver Co 80203 USA INSURERB; Insurance Company of the State of PA 19429 INSURERC: Chartis specialty Insurance Company 26883 INSURER D: Lexington Insurance Company 19437 INSURER E: INSURER F: COVFRAGFS CFKIIFICAIF NLJMIit K_ b/004U"LUU1b3 KtVI51UN NL)Mt3CK: 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. Limits shown are as requested 1 TR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD Xp MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY GL SIR applies per policy terns & conditions - EACH OCCURRENCE $1,000,000 DAMAGEO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10 , 000 CLAIMS -MADE ❑X OCCUR PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 , 000, 000 POLICY X PRO- X LOC A AUTOMOBILE LIABILITY CA 826 36 72 10 01 2010 10 01 2011 COMBINED SINGLE LIMIT accident) $2 , 000, 000 BODILY INJURY ( Per person) X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per accident) SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS Per accident X NON OWNED AUTOS D X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE TH1000027 SIR applies per policy terns 10 01 2010 & conditions 10 01 2011 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DEDUCTIBLE X RETENTION $100,000 B _ _ __ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN' ANY PROPRIETOR / PARTNER / EXECUTIVE N _OFFiCER/MEMBER EXCLUDED? (Mandatory in'NH) '` "' "" -� N / A "' - "` WC14770806 - - - 10/01/2010 _ - 10/O1/2011 - X WC STATU- OTH- TORY LIMITS R E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE ` -- - $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 c Contractor Prof COPS1952583 10/01/2010 10/01/2011 Each Claim $5,000,000 Deductible $250,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Stop Gap Coverage for the following states: OH, WA, WY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ft. Collins AUTHORIZED REPRESENTATIVE Attn: Opal Dick PO Box l l i Fort Collins CO 80522-0580 USA (�(l{• y/I� Fyn e�►6 JUi_ r'X' GIL 1M tlGNt�YO � �Pt4 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD co N I` 0 N 0 O N O Z N itl t> 1: O) V INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver CO 80203 USA 100983 (2/09) page 8 of 11 e. An elevator maintenance agreement; 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 "propperty 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; or (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 Paragraph (1) above and supervisory, inspection, architectural or engineering activities; and B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. - other Insurance, b. EXcess Insurance, (1) (a) , is amended to include the following: (V) That is a Railroad Protective insurance Policy or similar coverage. XI. COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO -EMPLOYEE INJURIES SECTION II - WHO IS AN INSURED, 2.a. (1), (a) and (b) are clarified to hold that: Your supervisory or managerial " employees " are insureds for " bodily injury " to " co - employees " while in the course of their employment or performing duties related to the conduct of your business if claims or suits arise out of liability assumed by an insured 100983 (2/09) Page 8 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver CO 80203 USA 100983 (2/09) page 9 of 11 under an " insured contract " as provided by SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, e. Employer ' S Liability. XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. - Transfer Of Rights Of Recovery Against others To Us, is amended by the addition of the following: We waive any right of recovery we may have against any person or organization pursuant to applicable written contract or agreement you enter into because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". XIII. AMENDMENT OF OTHER INSURANCE A SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- other Insurance, b. - Excess Insurance, (1), is amended to include the following: This insurance shall not be excess where (i) such other insurance is specifically purchased to apply as excess of this policy, or (ii) where you are obligated by contract to provide primary insurance to an additional insured, unless there is other additional insurance coverage available to that additional insured. B SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- other Insurance, b. - Excess insurance, (2), is deleted in its entirety and replaced with the following: when this insurance is excess, we will have no duty under Coverages A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other 100983 (2/09) Page 9 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., suite 100 Denver CO 80203 USA 100983 (2/09) page 10 of 11 insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), offense under COVERAGE B (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project: 1. A separate Per Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Construction Project General Aggregate Limit is the most we will pay for the sum of (i) all damages under COVERAGE A, except damages because of "bodily injury 1. or "property damage" included in the "products -completed operations hazard", (ii) all damages under COVERAGE B and (iii) all medical expenses under COVERAGE C regardless of the number of: a. insureds; b. Claims made or "suits" broM t; or C. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A or B for damages or under COVERAGE C for medical expenses shall reduce the Per Construction Project General Aggregate Limit for that construction project. such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Per Construction Project General Aggregate Limit for any other construction project covered under this policy. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Construction Project General Aggregate Limit. 100983 (2/09) Page 10 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver CO 80203 USA 100983 (2/09) page 11 of 11 Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I ), offenses under COVERAGE B (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single construction project: 1 . Any pa ments made under COVERAGE A or B 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 Construction Project 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, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. if the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION III ) not otherwise modified by this endorsement shall continue to apply as stipulated. 100983 (2/09) Page 11 Certificate No : 570040206792 A�oRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) I 09/25/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard suite 2600 Los Angeles CA 90017-0460 USA .CONTACT NAME: (AIC NNo. Ext): (866) 283-7122 lac. No.): (847) 953-5390 E-MAIL ADDRESS' CUSTOMER ID#:570000036654 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: National union Fire Ins Co of Pittsburgh 19445 Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver CO 80203 USA INSURERB; insurance Company of the State of PA 19429 INSURERC: Chartis Specialty Insurance Company 26883 INSURERD: Lexington Insurance Company 19437 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570040206792 REVISION NUMBER: 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. Limits shown are as requested INSLT LTR TYPE OF INSURANCE ADD INSRDDL S B WVD POLICY NUMBER MOLL OL C F MOLC M1 C DDfYYYYI LIMITS A GENERAL LIABILITY GL 1 1 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY SIR applies per policy terns & conditions DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE Fx -1 OCCUR MED EXP (Any one person) $10, 000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 , 000 , 000 POLICY X PRQ X LOC A AUTOMOBILE LIABILITY CA 826 36 72 10/01/2010 10/01/2011 COMBINED SINGLE LIMIT Ea ccident $2 , 000, 000 BODILY INJURY ( Per person) X ANY AUTO ALL OWNED AUTOS . BODILY INJURY (Per accident) SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS Per accident) X NON OWNED AUTOS D X UMBRELLA LIAB X OCCUR TH1000027 10 01 2010 10 01 2011 EACH OCCURRENCE $5 , 000, 000 EXCESS LIAB CLAIMS -MADE SIR applies per policy terns & condl ions AGGREGATE $5,000,000 DEDUCTIBLE X RETENTION $100,000 B WORKERS COMPENSATION AND EMPLOYER� LIABILITY Y/N ANY PROPRIETOR / PARTNER / EXECUTIVE WC14770806 10/01/2010 10/01/2011 X WC STAT ORTH- E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ❑ N I A E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 c Contractor Prof COPS1952583 ---J10/01/2010 10/01/2011 Each Claim $5,000,000 I Aggregate $5,000,000 Deductible 1 $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Fort Collins is included as additional insured with respect to the General Liability policy where required by written contract. Insurance is Primary and Non -Contributory. A waiver of Subrogation is granted in favor of City of Fort Collins on the General Liability policy. see Attached endorsements. SStop Gap Coverage for the following states: OH, WA, WY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Collins AUTHORIZED REPRESENTATIVE Attn: Opal Dick P.O. BOX so Jell ✓14—fl9r1w. r�ni �GJL Ft. Collins co 80522 USA ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD V"' INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver CO 80203 USA 100983 (2/09) page 1 of 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. I. ADDITIONAL INSUREDS Section II - WHO IS AN INSURED, 1. is amended to include as an insured any person or organization described in paragraphs A through I below, whom you are required to add as an additional insured under a written contract or agreement. The written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to " bodily injury property damage, or " personal injury and advertising injury A. BY CONTRACT Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you . to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. 100983 (2/09) Page 1 Certificate No : 570040206792 MURED Tetra Tech RMC Inc. 1576 Sherman St., suite 100 Denver Co 80203 USA 100983 (2/09) page 2 of 11 B. CONTROLLING INTEREST 1. Any person or organization having a greater than a 50% interest in you, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease these premises. 2. The insurance afforded to these additional insureds under Paragraph I.B.1does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. C. CO-OWNER OR INSURED PREMISES A Co-owner of insured premises co -owned by you and covered by this insurance but only with respect to their liability as co-owner of the premises. D. LESSOR OF LEASED EQUIPMENT 1. Any person or organization from whom you lease equipment, but 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 such equipment leased to you by such person(s) or organization(s). 2. with respect to the insurance afforded to these additional insureds under Paragraph I.D.1, this insurance does not apply to any "occurrence" which takes place: a) after the equipment lease expires, or b) after the equipment is returned or no longer in your possession, whichever takes place later. E. MANAGERS OR LESSORS OF PREMISES Managers or Lessors of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance under this paragraph does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 100983 (2/09) Page 2 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver Co 80203 USA 100983 (2/09) page 3 of 11 2. Structural alterations, new construction or demolition operations performed by or on behalf of such Managers or Lessors. F. MORTGAGEE, ASSIGNEE, OR RECEIVER 1. A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. 2. The insurance afforded to the additional insureds under Paragraph I.F.1 does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee, or receiver. G. OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS (1) Any owner, Lessee or Contractor, but only with respect to liability arising out of " your work " performed for that additional insured and included in the " products -completed operations hazard " . H. OWNERS, LESSEES, OR CONTRACTORS - ONGOING OPERATIONS Any.Owners, Lessees, or Contractors, but only with respect to liability arising out of your ongoing operations performed for that additional insured. This insurance does not- apply to " bodily injury " or property damage " occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) has been completed; or, (2) that portion of " your work " out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project: I.STATE OR POLITICAL SUBDIVISION - PERMITS Any State or Political Subdivision, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for 100983 (2/09) Page 3 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., suite 100 Denver CO 80203 USA 100983 (2/09) page 4 of 11 which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage" or" personal and advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard". II PRIMARY INSURANCE -ADDITIONAL INSUREDS' where persons or organizations have been added to your policy as additional insureds to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to: a) the performance of your ongoing operations for the additional insureds; or b) " your work " performed for the additional insureds and included in the " products - completed operations hazard, then with respect to these additional insureds as defined above in this Section only, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. - Other Insurance, a. - Primary Insurance , is deleted in its entirety and replaced with the following: This insurance is primary over any similar insurance available to.any person, dr organization we. have added to this policy as an additional insured to comply with insurance requirements -of written contracts mandating primary coverage for such additional insureds relative to (a) the performance of your ongoing operations for the additional insureds, or (b) " your work performed for the additional insureds and included in the " products -completed operations hazard. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured of the other similar insurance. we will not require contribution of limits from the other similar insurance if the insurance afforded is primary. 100983 (2/09) Page 4 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver CO 80203 USA 100983 (2/09) page 5 of 11 III INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE SECTION II - WHO IS AN INSURED, 2. a. (1) (d) is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services, except for " bodily injury " arising out of incidental Medical Malpractice injury" by any physician, dentist, nurse or other medical practitioner employed or retained by you unless such " bodily injury " is covered by another primary policy. However, the insurance provided hereunder to such persons will not apply to liability arising out of services performed outside of the scope of their duties as your " employees. " Any series of continuous, repeated or related acts will be treated as the occurrence of a single negligent professional healthcare service, which will be assignable to the same policy and policy year in which the originating act occurred. SECTION V - DEFINITIONS - is amended t0 add: "incidental Medical Malpractice injury" means "Bodily Injury" arising out of the rendering of or failure to render the following services: a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. The Coverage provided by this endorsement does not apply to you or any insured if you are engaged in the business or occupation of providing any of the services described in the definition of "Incidental Medical Malpractice Injury". IV. JOINT VENTURES / PARTNERSHIPS / LIMITED LIABILITY COMPANIES The paragraph under SECTION II - WHO IS AN INSURED which states: 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. is hereby deleted and replaced with the following: 100983 (2/09) Page 5 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver CO 80203 USA 100983 (2/09) page 6 of 11 No person or organization, other than you, 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. Coverage under this policy, however, will not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. if there is valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. V. SUPPLEMENTARY PAYMENTS under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B , Paragraph 1.b , is deleted in its entirety and replaced with the following: b. up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. we do not have to furnish these bonds. VI. LIBERALIZATION CLAUSE if we revise or replace our standard policy form to provide more coverage, your policy will automatically provide the additional. coverage as of the day the revision is effective,in your StatP_. VII.-UNINTENTIONAL ERRORS AND OMISSIONS SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. - Representations is amended by adding: d. The unintentional failure by you or any insured to provide accurate and complete nonmaterial representations as of the inception of the policy will not prejudice the coverages afforded by this policy. VIII. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. - Duties in the Event of occurrence, offense, Claim or suit, a. is hereby deleted and replaced with the following: a. You must see to it that we are notified as soon as practicable of any "occurrence" 100983 (2/09) Page 6 Certificate No : 570040206792 INSURED Tetra Tech RMC Inc. 1576 Sherman St., Suite 100 Denver Co 80203 USA 100983 (2/09) page 7 of 11 B. or an offense, which may result in a claim. Knowledge of an "occurrence" or an offense by your agent your servant, or your employee will not in itself constitute knowledge to you unless the Director of Risk Management (or one with similar or equivalent title) or his/her designee will have received such notice. To the extent possible notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. IX. AMENDMENT OF EXPECTED OR INTENDED INJURY EXCLUSION SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY , 2. - Exclusions, a. - Expected or intended injury , is deleted and 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. X. CONTRACTUAL LIABILITY - RAILROADS only with respect to (i) operations performed within 50 feet of railroad property and'(ii) for which a Railroad Protective Liability Policy in the name of the railroad has been provided, then A. SECTION V - DEFINITIONS, Paragraph 9, is deleted in its entirety and replaced with the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; C. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 100983 (2/09) Page 7 Certificate No : 570040206792