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PW16-016 - Original - K&D Services, Inc. - Traffic Control Plans - 01/06/2016
40 ec VA' ge en ' ' , KENT " � ��� � "'� " Document t i' xn.S:i4` I 1 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: K&D Services Inc. Vendor Number: ID Edwards Number Contract Number: P W` kr- of I This is assigned by City Clerk's Office Project Name: Traffic Control Plans Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/6/16 Termination Date: 1/29/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Joe Araucto Department: PW Operations Contract Amount: $1,200.00 Approval Authority: (CIRCLE ONE) epasrtment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare traffic control plans for the overlay and waterline replacement project on James St./SE 42E 0-St. As of: 08/27/14 -p- II K f was"iw�.ox CONSULTANT SERVICES AGREEMENT between the City of Kent and K&D Services INC. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and K&D ServicesIganized under the laws of the State of Washington, located and doing business at 2719 Rockefeller Ave./PO Box 12040, Everett, WA 98206, Phone: (800) 343-4049, Contact: Ben Ryan (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare traffic control plans for the overlay and waterline repplacement project on James Street/SE 240th St. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by January 29, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Thousand, Two Hundred Dollars ($1,200.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 1. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 1 / CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: BY (srgnat ) (signature) Print Name: Print Name: David A. Brock, P.E. Its: %us a9 (L< Its: Public Works Operations Manager g (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO,BE SENT TO: CONSULTANT: CITY OF KENT: Ben Ryan Timothy J. LaPorte, P.E. K&D Services !Vf-° City of Kent PO Box 12040 220 Fourth Avenue South Everett, WA 98206 Kent, WA 98032 (800) 343-4049 (telephone) (253) 856-5500 (telephone) 253 856-6500 facsimile K&o Services-Overlay/Ara0Q0 CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: tAw- Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. RR�� I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as i that was entered into on the R.SS _ 6 (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By. For: i BrvC. Title: 4 Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope Prepare traffic control plans for the overlay and waterline replacement on James Street/SE 240 St. Waterline Replacement: The sections of the waterline to be replaced are on the following street section a. Clark Ave N to Hazel Ave N b. Alvord Ave N to 94 Ave S Prepare a set of traffic control plans for this project to be done during weekday working hours in April/May/June 2016 with lane closures. Overlay: The project will overlay the entire section of James St/SE 240 St from Central Ave N to Benson/ 104 Ave SE. Prior to the overlay, the existing asphalt will be planned. 1 anticipate that oil the planning will be performed first prior to the overlay but the contractor could opt to plane asphalt one lane at a time. After the paving operation is complete the following items will still need to be performed: casting adjustments,traffic loop installation, permanent channelization. Prepare 2 sets of traffic control plans forthe overlay project for the following scenarios: 1. Performing the planing and paving worl� under traffic with one lane closure allowed at a time, Installation of miscellaneous items(ie. Casting adjustment,traffic loops, permanent channelization)to be performed under traffic. 2. Performing the planing and paving while road is closed with designated detour. Installation of miscellaneous items (le. Casting adjustment,traffic loops, permanent channelization)to be performed under traffic. Fee: TCP Cost: $225 forthe first sheet, $50.00 for each additional sheet. i I F- r � EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) AC®�® 1/7/2016 THIS CERTIFICATE 15 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 endorsements). PRODUCER FADDRESsM,nowL.un HUB International Northwest LLC _ - - OOO (AIICC No: 110 Unity Street Bellingham WA 98225 ityinfoahubinter ti a INSURER(SI AFFORDING COVERAGE __ NAIL# : ri yInsurance Company 4082 INSURED K&DSE-1 •Scottsdale Indemnity Compan 5580K&D Services Inc :Underwriters at Lloyd's London 15792 K&D Services of Oregon Inc INSURER D: PO Box 12040 -- Everett WA98201 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:388393088 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 INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY M IW MIDDYY _ COMMERCIAL GENERAL LIABILITY DAMAGE TO RE IT A GENERAL LIABILITY Y V BK555710276 1012420 10124/2016 EACH OCCURRENCE $1,000,000 x PREMISES Ira occurrence $1000000 CLAIMS MADE rX_I OCCUR IVIED EXP(Any one person) $10,000 PERSONAL&ADV.INJURY $1,000000 GENERAL AGGREGATE $2,000,000 GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS_-COMP/OPAGG $2,000,000 POLICY END- LOC Deductible $5,000 A AUTOMOBILE LIABILITY UUMBINLU SINGLE LIMIT Y Y BAS15711276 10124/2015 10/24/2016 Se accident _$1,000,000 X ANYAUTO BODILY INJURY(Per parson) $ ALL OWNED SCHEDULED BODILY INJURY(Por accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident)- $ B X UMBRELLA LIAB X OCCUR Y iY XLS0011111 10/24/2016 10/24/2016 EACH OCCURRENCE $5 000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $5 000,000 DED I I RETENTIONS $ A WORKERS COMPENSATION SK555710276 10/24/2015 10/24/2016 we LMID X OTH- WA StopGa AND EMPLOYERTUABILITY YIN ITOR L. P _. ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA FE L EACH ACCIDENT $1 000 000 _ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) IFE L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 C (Professional Liability 00169773E 10/24/2015 10/24/2016 Per Claim 1,000,000 Aggregate 11000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is requlredl Per forms and conditions: Primary/Non-Contributory& Blanket Additonal Insured form CG 88 10 04 13; Waiver of Subrogation form CG 24 ''.. 04 05 09; Per Location Aggregate CG 88 60 12 08; Per Project Aggregate CG 88 70 12 08; Auto Additional Insured and Waiver of Subrogation form CA 88 10 01 10; Business Auto Coverage Form CA 00 01 03 06; WA Cancellation Provision IL 01 46 08 10; OR Cancellation Provision IL 02 79 09 08. Excess Liability follows form to the General Liability and Auto Liability policies. RE:Asphalt Overlays Traffic Control Plans. Certificate holder is included per forms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue south Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD BAS55710276 Liberty' Mutual. COMMERCIAL 00 0103 06 INSURANCE BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION 1 — COVERED AUTOS Read the entire policy carefully to determine rights, duties and what is and is not covered. Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" following numerical symbols describe the "autos" that rotor to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next The words "we", "us" and "our" refer to the to a coverage on the Declarations designate the only Company providing this insurance. "autos" that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designatlon Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't Only own while attached to power units you own). This includes those "autos" you acquire ownership of afterthe policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private pas- Passenger senger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Other Than Pri- Liability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This includes those "autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Ownod "Autos" Only those "autos" you own that are required to have No-Fault benefits in the Subject To No- state where they are licensed or principally garaged. This includes those "autos" Fault you acquire ownership of after the policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un. Motorists Coverage. This includes those "autos" you acquire ownership of after insured Motor- the policy begins provided they are subject to the same state uninsured motorists ists Law requirement. 7 Specifically De- Only those "autos" described in Rem Throe of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Rem Three). 6 Hired "Autos" Only these "autos" you lease, hire, rent or borrow. This does not include any Only "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. m ISO Properties, Inc., 2005 CA 00 01 03 06 Page 1 of 12 f-t In RI Y"IYiMf IP.M1i mm I Symbol Deserlption Of Covered Auto Designation Symbols g Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owns (ifed by yoare ur a limited °employees", partners (if you are a partnership), . emborliability company), or members of their households but only while used in your business or your personal affairs. 1g Mobile Equip- only those "autos" that are land vehicles and that would qualify under the defi- mera Subject To compulsoryfn ofm obilo equipment" responsibility under hlaw or motorother it h veh were rietlo Insurance law Compulsory Or Financial Re- where they are licensed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only SECTION 11 — LIABILITY COVERAGE B. Owned Autos You Acquire After The Policy Begins A- Coverage 1, H Symbols 1, 2, 3, 4, 5, 6 or 19 are entered We will pay all sums an "insured" legally must next to a coverage in Rem Two of the Dec- pay as damages because of "bodily injury" or larations, then you have coverage for "property damage" to which this insurance ap- "autos" that you acquire of the typo de- plios, caused by an "accident" and resulting from scribed for the remainder of the policy pe• the ownership, maintenance or use of a covered nod. „auto„ 2, But. if Symbol 7 is entered next to a cover- We will also pay all sums an "Insured cost age in Item Two of the Declarations, an must pay as a "covered pollution "auto" you acquire will be a covered "auto" expense"to which this insurance applies, caused for that coverage only it: by an "accident' and resulting from the owner- se a wen for that coveragl uautos" that e Or it replaces an ou However,nwe will only pay for the "covered poi "auto" you previously owned that had lution cost or expense" if there wh either this bodily that coverage; and injury" or "property dis c the same once applies that is caused by b. You tell us within 3o days after you ac- "accident". quire it that you want us to cover It for that coverage. We have the right a 'suit" asking ford efend any insured" against such dam- certain Trailers, Mobile Equipment And Tem- ages or a "covered pollution coot or refxpensany porary Substitute Autos However, we have no duly If Liability Coverage is provided by this Coverago "insu Yd" against gY nst a "suet"errekidam ggoag oros foa Form, the fallowing types of vehicles are also ,covered pollution cost or orexpense" to which this covered "autos" for Liability Coverage: ,cover d does not apply,expense" may investigate.whcc this 1. "Trailers" with a load capacity of 2,000 insuraand settle any claim or "suit" as we consider pounds or loss designed primarily for travel appropriate. Our duty to defend or settle ends on public roads. when the Llale4ity Coverage Limit of Insurance 2. "Mobile equipment" while being carried or has been exhausted by payront of judgments or towed by a covered "auto". settlements. 3. Any "auto" you do not own while used with 1. Who Is An insured the permission of its owner as a temporary The following are "insureds substitute for a covered "auto' you own that a. You for any covered "auto is out of service becauso of its: a. Breakdown; b. Anyone else while using with your per. mission a covered "auto" you own, hire b. Repair; or borrow except: c. Servicing; (1) The owner or anyone else from d. -Loss or whom you hire or borrow a covered e. Destruction. Paco 2 of 12 "auto". This exception does riot ap- the "insured" we defend, but our ply if the covered "auto" is a duty to pay interest ends when we •trailer" connected to a covered have paid, offered to pay or depos- "auto" you own. ited in court the part of the judgment Your "employee" if the covered that is within our Limit of Insurance. (2} "auto" is owned by that "employee" These payments will not reduce the or a member of his or her house- Limit of Insurance. hold. b. Out-Of-State Coverage Extensions (3) Someone using a covered "auto" While a covered 'auto" is away from while he or she is working in a bu- the state where it is licensed we will: siness of selling, servicing, repair- ing, parking or storing "autos" (1) Increase the Limit of Insurance for unless that business is yours. Liability Coverage to meet the limits specified by a compulsory or finan- (4) Anyone other than your cial responsibility law of the jurisdic- "employees", partners (if you are a tion where the covered "auto' is partnership), members (if you are a tieing used. This extension does not limited liability company), or a les- apply to the limit or limits specified see or borrower or any of their by any law governing motor carriers "employees", while moving prop- of passengers or property. erty to or from a covered 'auto". (2) Provide the minimum amounts and (5) A partner (it you are a partnership), types of other coverages, such as or a member (if you are a iim@eo li- no-fault, required of out-of-stato ve- ability company) for a covered hicles by the jurisdiction where the "auto" owned by him or her or a covered "auto" is being used. member of his or her household. We will not pay anyone more than once c. Anyone liable for the conduct of an for the same elements of loss because "insured" described above but only to of these extensions, the extent of that liability, 2. Coverage Extensions B. Exclusions a, Supplementary Payments This insurance does not apply to any of the fol- lowing: We will pay for the "insured": t, Expected Or Intended Injury (1) All expenses we incur 'Bodily injury" or "property damage" ex- (2) Up to $2,000 for cost of bail bonds petted or intended from the standpoint of the (including bonds for related traffic "insured". law violations) required because of an "accident" we cover. We do not 2. Contractual have to furnish these bands. Liability assumed under any contract or ® (3) The cost of bonds to release at- agreement. tachments in any "suit" against the But this exclusion does not apply to liability "insured" we defend, but only for for damages: bond amounts within our Limit of In- surance. a. Assumed in a contract or agreement that is an "insured contract" provided (4) All reasonable expenses incurred by the "bodily injury" or "property the "insured" at our request, in- damage" occurs subsequent to the ex-eluding actual loss of earnings up to ecution of the contract or agreement; or $250 a day because of time off from work. b. That the °insured" would have in the absence of the contract or agreement- (5) All costs taxed against the "insured" in any "suit" against the 3. Workers' Compensation "insured" we defend. Any obligation for which the "insured" or the (s) All interest on the full amount of any "insured's" insurer may be held liable under judgment that accrues after entry of any workers' compensation, disability Wine- the judgment in any "suit" against fits or unemployment compensation law or any similar law. GA 00 01 03 06 Pags 3 of I? LP r.M-21-3NINT901 C80.OMJ g. Movement Of Properly 13y Mechanical 4. Employee Indemnification And Employ- Device er's Uabillty "Bodily injury" or "property damage" result- ing from the movement of property by a me - "Bodily injury" to'. hen a hand truck) device other t a, An "employee" of the "Insured" arising chanicaunless tlhe device(is attached to the covered out of and in the course of: „auto". (1) Employment by the "insured"; or rations 9. operations (2) Performing the duties related to the „ or "property damage" arising conduct of the "insured's" busi out of the operation of: noss; or hs 6.b. child, parent, brother or a. Any equipment listed in paragraphs b. The spouse, oe" as a cone- and 6.c. of the definition of "mobile sister of that "employ equipment"; or quence of Paragraph a. above. This exclusion applies: b. Machinery or equipment lof a land vehicle that Cached to, or p would qur the "insud" may be Ila- alify under the definition of �1) ble asean employer or in any other mobile equipment" if it were not sub- capacty; and re- ject to a compulsory r financial motor vehicle ponsitilit law or (2) noobligation share damages else who insurannceylaw where itis licensed of with of ay someone must pay damages because of the principally garaged. 10. Completed Operations injury. I to "bodily "Bodily injury" or 1proporly damage" arising But this exclusion does not apply injury" to domestic "employees" not entitled ort of your work after that work has been to workers' compensation benefits or to li- completed or abandoned. ability assumed by the "insured" under an thO In this exclusion, Your work means: "insured contract". For the purposes "is performed by you Coverage Form, a domestic "employee a, Work or operations p a person engaged in household or domestic or on your behalf; and work performed principally In connection with b Materials, parts or equipment furnished a residence promises. in connection with such work or apex 5. Fellow Employee ' ations. "Bodily injury" to any fellow "employee" of your work includes warranties or represen- the "insured" arising out of and in the course tations made at any time with respect to the of the fellow "employee's" employment or fitness, quality, durability or performance of while performing duties related to the can- any of the items included in Paragraph a. or duct of your business b, above. S. Care, Custody Or Control your work will be deemed completed at the "Property damage" to or "covered pollution earliest of the following times: cost or expense" involving property owned (1) When all of the work called for in or transported by the "insured" or in the your contract has been completed. "insured's" care, custody or control. But this When all of the work to be done at exclusion does n (2)(lot apply to liability assumed the site has been completed if your under a sidetrack agreement. contract calls For work at more than 7. Handling Of Property one site. "Bodily injury" or "property damage" result- (3) When that part of the work done at ing from the handling of property, a job site has been put to its in- s. Before it is moved from the place where tonded use by any person or organ- R is accepted by the "insured" for i7ation other than another contractor or subcontractor working on the movement into or onto the covered same project. "auto"; or b. After it is moved From the covered Work that may need service, maintenance, "auto" to the place whore it is finally correction, repair or replacement, but which delivered by the "insured". Para 4 of 17 is otherwise complete, will be treated as "insured" with respect to "pollutants" not in completed, or upon a covered "auto" if: 11. Pollution (1) The "pollutants° or any property in which the "pollutants" are contained "Bodily injury" or "property damage" arising are upset, overturned or damaged out of the actual, alleged or threatened dis- as a result of the maintenance or charge, dispersal, seepage, migration, re- use of a covered "auto"; and lease or escape of "pollutants": (2) The discharge, dispersal, seepage, a. That are, or that are contained in any migration, release or escape of the property that is: "pollutants" is caused directly by (1) Being transported or towed by, such upset, overturn or damage, handled, or handled for movement 12. War into, onto or from, the covered "auto"; "Bodily injury" or "property damage" arising (2) Otherwise in the course of transit directly or indirectly out of: by or or behalf of the "insured"; or a. War, including undeclared or civil war, (3) Being stored, disposed of, treated b- Warlike action by a military force, in- or processed in or upon the covered eluding action in hindering or defending "auto"; against an actual or expected attack,by any government, sovereign or other au- b. Before the "pollutants' or any property thority using military personnel or other in which the "pollutants" are contained agents; or are moved from the place where they are accepted by the "insured" for c. Insurrection, rebellion, revolution, movement into or onto the covered usurped power, or action taken by gov- "auto"; or ernmental authority in hindering or de- fending against any of these. a After the "pollutants" or any property in which the "pollutarts" are contained are 13. Racing moved from the covered "auto" to the Covered "autos" while used in any profes- place where they are finally delivered, sional or organized racing or demolition con- disposed of or abandoned by the test or stunting activity, or while practicing "insured". for such contest or activity. This insurance Paragraph a. above does not apply to fuels, also does not apply while that covered lubricants, fluids, exhaust gases or other "auto" is being prepared for such a contest similar "pollutants" that are needed for or or activity- result from the normal electrical, hydraulic C Limit Of Insurance or mechanical functioning of the covered "auto" or its parts, if: Regardless of the number of covered "autos", (1) The "pollutants" escape, seep, mi- "insureds", premiums paid, claims made or ve- grate, or are discharged, dispersed hicles involved in the "accident", the most we or released directly from an 'auto" will pay far the total of all damages and "covered part designed by its manufacturer to pollution cost or expense" combined, resulting hold, store, receive or dispose of from any one "accident" is the Limit of Insurance such "pollutants"; and for Liability Coverage shown in the Declarations. (2) The "bodily injury", "property All "bodily injury", "property damage" and damage" or "covered pollution cost "covered pollution cost or expense" resulting or expense" does not arise out of from continuous or repeated exposure to sub- the operation of any equipment stantially the same conditions will be considered listed in Paragraphs 6.b. and 6.c, of as resulting from one "accident", the definition of "mobile No one will be entitled to receive duplicate pay- equipment ments for the same elements of "loss" under this O Paragraphs b. and c. above of this exclusion Coverage Form and any Medical Payments Cov- do not apply to "accidents" that occur away erage Endorsement, Uninsured Motorists Cover- from premises owned by or rented to an age Endorsement or Underinsused Motorists Coverage Endorsement ati led to this Cover- age Part. CA 00 0103 06 Page S of 17 EP G 1021 PNINFOOm m.I SECTION III — PHYSICAL DAMAGE COVERAGE 4. Coverage Extensions a. Transportation Expenses A. Coverage We will pay up to$20 per day to a maximum 1, We will pay for "loss" to a covered "auto" of $600 for temporary transportation expense or its equipment under: incurred by you because of the total theft of a. Comprehensive Coverage a covered "auto" of the private passenger type. We will pay only for those covered From any cause except: "autos" for which you carry either Comoro (1) The covered "auto's" collision with hensive or Specified Causes of Loss Ciever- another object; or ago. We will pay for temporary transportation expenses incurred during the period begin- (2) The covered "auto's" overturn. Wing All hours after the thoft and onding, re. b. Specified Causes Of loss Coverage gardless of the pelicy's expiration, when the Caused by: covered "auto" is returned to use or we pay For its "loss". (1) Fire, lightning or explosion; b, Loss Of Use Expenses (2) Theft' For Hired Auto Physical Damage, we (3) Windstorm, hail or earthquake; will pay expenses for which an "insured" becomes legally responsible (4) Flood; to pay for loss of use of a vehicle rented (s) Mischief or vandalism; or or hired without a driver, under a written (6) The sinking, burning, collision or rental contract or agreement. We will derailment of any conveyance pay for loss of use expenses if caused transporting the covered "auto". by: (1) Other than collision only if the Dec- c Collision Coverage larations indicate that Cornprehen- Caused by sive Coverage is provided for any (1) The covered "auto's" collision with covered "auto"; another abject; or (2) Specified Causes Of Loss only I the (2J The covered "auto's" overturn. Declarations indicate that Specified Causes Of Loss Coverage is pro- (. Towing vided for any covered "auto"; or to the limit shown in the 3 Collision only I the Declarations in- We will pay up O dicate that Collision Coverage is Declarations for towing and labor costs he provided for any covered "auto"• curred each time a covered "auto" of the private passenger type is disabled. However, However, the most we will pay for any the labor must be performed at the place of expanses for loss of use is $20 per day, disablement. to a maximum of $600. m 3. Glass Breakage — Hitting A Bird Or Ani- mal — Failing Objects Or Missiles B. Exclusions if you carry Comprehensive Coverage for the 1, We will not pay for °loss" caused by or re- damaged covered "auto", we will pay for the sulting from any of the following. Such "loss" following under Comprehensive Coverage: is regardless of any other cause or event that dcontributes concurrently or in any a. Glass breakage; sequence to the "loss b. "Loss" caused by hitting a bird or ani- a. Nuclear Hazard mal; and (1) The explosion of any weapon em- c. "Loss" caused by falling objects or ploying atomic fission or fusion; or missiles. (2) Nuclear reaction or radiation, or ra- However, you have the option of having dioactive contamination, however glass breakage caused by a covered caused. "auto's" collision or overturn considered a "loss" under Collision Coverage. Pago 6 of 12 ''.. it b. War Or Military Action Exclusions 4.c. and 4.d. do not apply to: (1) War, including undeclared or civil a. Equipment designed solely for the re- war; production of sound and accessories used with such equipment, provided (2) Warlike action by a military force, such equipment is permanently installed including action in hindering or de- in the covered "auto" at the time of the fending against an actual or ex- "loss" or such equipment is removable petted attack, by any government, from a housing unit which is perma- sovereign or other authority using nently installed in the covered "autc" at military personnel or other agents; the time of the "loss", and such equip- or ment is designed to be solely operated (3) insurrection, rebellion, revolution, by use of the power from the "auto's" usuuped power or action taken by electrical system, in or upon the cov- governmental authority in hindering erod "auto or or defending against any of these- b. Any other oleetronic equipment that is: 2. We will not pay for "loss' to any covered (1) Necessary for the normal operation "auto' while used in any professional or or- of the covered "auto" or the monl- ganized racing or demolition contest or toning of the covered 'aull oper- stunting activity, or while practicing for such ating system; or contest or activity. We will also not pay for "loss" to any covered "auto" while that cov- (2) An integral part of the same unit ered "auto" is being prepared for such a housing any sound reproducing contest or activity. equipment described in Paragraph a. above and permanently installed 3. We will not pay for "loss" caused by or re- in the opening of the dash or con- sulting from any of the following unless sole of the covered "auto" normally caused by other "loss" that is covered by used by the manufacturer for instal- this insurance: lation of a radio. a. Wear and tear, freezing, mechanical or 5. We will not pay for "loss" to a covered electrical breakdown. "auto" due to "diminution in value". b. Blowouts, punctures or other road dam- C. Limit Of Insurance age to tires- 4. We will not pay for "loss" to any of the fol- 1. The most we will pay for "loss° in any one lowing: "accident" is the lesser of: a. Tapes, records, discs or other similar a. The actual cash value of the damaged audio, visual or data electronic devices or stolen property as of the time of the designed for use with audio, visual or "loss or data electronic equipment- b. The cost of repairing or replacing the b. Any device designed or used to detect damaged or stolen property with ether speed measuring equipment such as property of like kind and quality. radar or laser detectors and any jam- 2. An adjustment for depreciaton and physical ming apparatus intended to elude or condition will he made in determining actual disrupt speed measurement equipment. cash value in the event of a total "loss". c. Any electronic equipment, without re- 3, 3 a repair or replacement results in better gard to whether this equipment is per- than like kind or quality, we will not pay for manentiy installed, that receives or the amount of the betterment, transmits audio, visual or data signals and that is not designed solely for the D. Deductible reproduction of sound. For each covered "auto", our obligation to pay d. Any accessories used with the elec- for, repair, return or replace damaged or stolen tronic equipment described in Para- property will be reduced by the applicable de- graph c. above, ductible shown in the Declarations. Any Compre- hensivo Coverage deductlb;o shown in the Declarations does not apply to "iciss" caused by fire or lightning. GA 00 01 03 06 Pace 7 of 1? C P f In�I [IG IYTMI rLM MM 1 i SECTION IV — BUSINESS AUTO CONDITIONS (4) Authorize us to obtain medical re- cords or other pertinent information. The following conditions apply in addition to the (5) Submit to examination, at our ex- Common Policy Conditions: pense, by physicians of our choice, as often as we reasonably require, A. Loss Conditions 1. Appraisal For Physical Damage Loss C. If there is "loss" to a covered "auto"its equipment you roust also do the fof- l- If you and we disagree on the amount of lowing "loss", either may demand an appraisal of (1) promptly notify the police if the the "loss". In this event, each party will se- covered "auto" or any of its equip- lect a competent appraiser. The two ap. mont is stolen. praisers will select a competent and impartial umpire. The appraisers will state separately (2) Take all reasonable steps to protect the actual cash value and amount of "loss". the covered "auto" from further If they fail to agree, they will submit their (N- damage. Also keep a record of your forencos to the umpire. A decision agreed to expenses for consideration in the by any two will be binding. Each party will: settlement of the claim. a. Pay its chosen appraiser, and (3) Permit us to inspect the covered "auto" and records proving the b. Bear the other expenses of the ap- "loss" before its repair or disposi- praisal and umpire equally. lion. If we submit to an appraisal, we will still re- (4) Agree to examinations under oath tain our right to deny the claim. at our request and give us a signed 2. Dulles In The Event Of Accident, Claim, statement of your answers. Suit Or Loss 3. Legal Action Against Us We have no duty to provide coverage under No one may bring a legal action against us this policy unless there has been full compli- under this Coverage Form until ance with the following duties: a a. In the event of "accident". claim, "suit" . There has been full compliance with all or "loss", you must give us or our au- thorized representative prompt notice of b. Under Liability Coverage, we agree in the "accident" or "loss", Include: writing that the "insured" has an obli- {t) How, when and where the gation to pay or until the amount of that obligation has finally been determined "accident" or "loss" occurred; by judgment after trial. No one has the (2) The "insured's" name and address; right under this policy to bring us into an and action to determine the "insured's" li- ability. (3) To the extent possible, the names d and addresses of any injured per- 4. Loss Payment — Physical Damage COV- sons and witnesses erages b. Addilicnaliy, you and any other involved At our option we may_ "insured" must: a. Pay for, repair or replace damaged or (1) Assume no obligation, make no stolen property; payment or incur no expense with- b, Return the stolen property, at our ex- out our consent, except at the penso. We will pay for any damage that "insurod's" own cost. results to the "auto" from the theft; or (2) Immediately send us copies of any c. Take all or any part of the damaged or request, demand, order, notice, stolen property at an agreed or ap- summons or legal paper received praised value. concerning the claim or "suit". (3) Cooperate with us in the investi- If we pay for the "loss sales", our tax for for the dam- will in- clude or settlement of the claim or elude the applicable aged or stolen property. defense against the "suit". Pago a cf 12 S. Transfer Of Rights Of Recovery Against (1) Excess while it is connected to a Others To Us motor vehicle you do net own- If any person or organization to or for whom (2) Primary while it is connected to a we make payment under this Coverage Form covered "auto" you own. has rights to recover damages from another, b. For Hired Auto Physical Damage Cov- those rights are transferred to us. That per- erage, any covered "auto" you lease, son or organization must do everything nec- hire, rent or borrow is deemed to be a essary to secure our rights and must do covered "auto" you own. However, any nothing after "accident" or "loss" to impair "auto" that is leased, hired, rented or them. borrowed with a driver is not a ccvored B. General Conditions "auto`, 1. Bankruptcy c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Bankruptcy or insolvency of the "insured" or Liability Coverage is primary for any li- the "insured's" estate will not relieve us of ability assumed under an "insured any obligations under this Coverage Form. contract". 2. Concealment, Misrepresentation Or d. When this Coverage Form and any Fraud other Coverage Form or policy covers This Coverage Form is void in any cos© of on the same basis, either excess or pri- mary,fraud by you at any time as it relates to this s t will pay only our share, Our s Coverage Form. It is also void if you or any sharrpe the proportion that the Limit of other "insured", at any time, intentionally Insurance of our Coverage Farm bears to the total of the limits of all the Cover- conceal or misrepresent a material fact con- cerning: age Forms and policies covering on the same basis. a. This Coverage Form: S. Premium Audit b. The covered "auto"; a. The estimated premium for this Cover- t. Your interest in the covered "auto"; or age Form is based on the exposures d. A claim under this Coverage Form. you told us you would have when this policy began. We will compute the final 3. Liberalization premium due when we determine your actual exposures. The estimated total If we revise this Coverage Form to provide more coverage without additional premium nal premium will he credited against the charge, your policy will automatically provide premium due and the first Named Ins the additional coverage as of the day the re- Insured will billed for the balance, if vision is effective in your state. any. The due date for the final premium or retrospective premium is the date 4. No Benefit To Ballee — Physical Damage shown as the due date on the bill. If the Coverages estimated total premium exceeds the fi- nal premium due, the first Named In- We will not recognize any assignment or sured will get a refund. grant any coverage for the benefit of any person or organization holding, storing or b. If this policy is issued for more than one transporting property for a fee regardless of year, the premium for this Coverage any other provision of this Coverage Form. Form will be computed annually based on our rates or premiums in effect at the 5, Other Insurance beginning of each year of the policy. a. For any covered "auto" you own, this 7, Policy Period, Coverage Territory Coverage Form provides primary insur- ance. For any covered "auto" you don't Under this Coverage Form, we cover 0 own, the insurance provided by this "accidents" and "losses" occurring: Coverage Form is excess over any a. During the policy period shown in the other collectible insurance. However, Declarations; and white a covered "auto" which Is a "trailer" is connected to another vehicle, b. Within the coverage territory. the '"Liability Coverage this Coverage The coverage territory is: Form provides for the 'trailer" is: = a. The United States of America; CA 00 01 05 06 Page 9 of 12 EP r in T PN NInn14 aamr.i cost or ex ution b. The territories and possessions of the D. coslvareexponfso arising out Ofpense" means any United States of America; 1. Any request, demand, order or statutory or or o. Puerto Rico; regulatory requirement that any „ `Sruremove, d. Canada; and others test for, monitor, clean up, in any contain,treat, detoQiY assess Y orneu the effects or is of e. Anywhere in the world if: way respond to, (1) A covered "auto" of the private °pollutants"; or Passenger type is leased, hired, 2 Any claim or "suit" by or on behalf of a gov rented or borrowed without a driver ornmental authority for damages because Of for a period of 30 days or loss; and testing for, monitoring, 9 p ng, containing, treating, detaxifying Ortonauof [2) The "insured's" responsibility to tralizing, or in any way responding pay damages is determined in a assessing the effects of "pollutants". "suit" on the morits, in the United State s s of America, the territories "Covered pollution cost or expense"o oes not of the and possessions of the United include any cost or expense arising States of America, Puerto Rico, or Canada or in a settlemo t we agree actual, alleged or threatened discharge, die, persal, seepage, migration, release or escape of to. "pollutants": We also cover "loss" to, or "accidents" In- a, That are, or that are containod in any volving, a covered "auto" while being trans- property that is: ported between any of these places. (1) Being transported or towed by, g. Two Or More Coverage Forms Or Poll- handled, or handled for movement cles issued By us into, onto or from the covered H this Coverage Form and any other Cover- "auto"; age Form or policy issued to you by us or (2) otherwise in the course of transit any company affiliated with us apply to the by or on behalf of the "insured"; same "accident", the aggregate maximum (3) Being stored, disposed of, treated Limit of Insurance under all the Coverage Forms or policies shall not exceed the high- or processed in or upon the covered est applicable Limit of Insurance under any "auto"; ono Coverage Form or policy. This condition b, Beforo the "pollutants" or any property does not apply to any Coverage Form or in which the "pollutants" are contained policy issued by us or an affiliated company are moved from the place where they specifically to apply as excess insurance are accepted by the "insured" for over this Coverage Form. movement Into or onto the covorod "auto"; or SECTION V — DEFINITIONS c. After the -pollutants" or any property in „ A. "Accident" includes continuous or repeated ox- which the "pollutants" are contained are posure to the same conditions resulting In "bodily moved from the covered "auto" to the injury" or "property damage", place where they are finally delivered, disposed of or abandoned by the 5, "Auto" means: "insured". 1. A land motor vehicle, "trailer" or semitrailer paragraph a. above does not apply to designed for travel on public roads', or fuels, lubricants, fluids, exhaust gases at are 2. Any other I odf finacle ncial rest is onsibilitlyct to a or law or needed forolraresultllfromsthehnormal compulsory P electrical, hydraulic or mechanical func- other motor vehicle insurance law whore it is licensed or principally garaged, tioning of the covered "auto" or is parts, if: However, "auto" dons not include "mobile (1) The "pollutants" escape, seep, mi- equipment". grata, or are discharged, dispersed C. "Bodily injury" means bodiiy injury, sickness or or roloased directly from an "auto" disease sustained by a person including death part designed by its manufacturer to resulting from any of these. hold, store, receive or dispose of such "pollutants"; and Pug,10 Dt':? (2) The "bodily injury", "property 6. That part of any contract or agreement en- damage" or "covered pollution cost tered into, as part of your business, pertain- or expense" does not arise out of ing to the rental or lease, by you or any of the operation of any equipment your "employees", of any "auto". However, Psted in Paragraphs 6.b. or 6.c. of such contract or agreement shall not be the definition of "mobile considered an "insured contract" to the ex- equipment". tent that it obligates you or any of your b. and C. above not a - "employees" to pay for "property damage" Paragraphs p to any "auto" rented or leased by you or any ply to "accidents" that occur away from of your 'employees". premises owned by or rented to an "insured" with respect to "pollutants" An "insured contract" does not include that part not in or upon a covered "auto" if: of any contract or agreement: (1) The "pollutants" or any property in a. That indemnifies a railroad for "0odily which the "pollutants" are contained injury" or "property damage" arising out are upset, overturned or damaged of construction or demolition operations, as a result of the maintenance or within 50 feet of any railroad property use of a covered "auto"; and and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, un- (2) The discharge, dispersal, seepage, migration, release or escape of the do pass or crossing; or "pollutants" is caused directly by b. That pertains to the loan, lease or rental such upset, overturn or damage. of an "auto" to you or any of your "employees", if the "auto" is loaned, E. 'Diminution in value" means the actual or per- leased or rented with a driver; or ccivod loss in market value or resale value which C. That holds a person or organization en- resuts from a direct and accidental "loss . gaged in the business of transporting F. "Employee" includes a "leased worker', property by "auto" for hire harmless for "Employee" does not include a "temporary your use of a covered "auto" over a worker". route or territory that person or organ- ization is authorized to serve by public G. "Insured" means any person or organization authority, qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with I. "Leased worker" means a person leased to you respect to the Lima of Insurance, the coverage by a labor leasing firm under an agreement be- afforded applies separately to each insured who tween you and the labor leasing firm, to perform is seeking coverage or against whom a claim or duties related to the conduct of your business. "suit" is brought. "Leased worker" does not include a "temporary worker". H. "'insured contract" means: J. "Loss" means direct and accidental lass or 1. A lease of premises; damage. 2. A sidetrack agreement: K. "Mobile equipment" means any of the following I Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment: operations on or within 50 feet of a railroad; 1. Bulldozers, farm machinery, forklifts and 4. An obligation, as required by ordinance, to other vehicles designed for use principally indemnify a municipality, except In con- off public roads; rloction with work for a municipality: 2. Vehicles mat [a red for use solely on or next 5. That part of any other contract or agreement to premises you own or rent; o pertaining to your business (including an in- 3. Vehicles that travel on crawler treads; damnification of a municipality in connection with work performed for a municipality) under 4. Vehicles, whether self-propelled or not, which you assume the tort liability of another maintained primarily to provide mobility to to pay for "bodily injury" or "property permanently mounted: damage" to a third party or organization. Tort liability means a liability that would be im- a. Power cranes, shovels, loaders, diggers posed by law in the absence of any contract or drills; or or agreement; CA 00 01 03 DB Pap 11 0112 LP I`Ifl M OG IY1M1 K11]II'/1 i i b. Road construction or resurfacing equip- compulsory or financial responsibility law or merit such as graders, scrapers or roll- other motor vehicle insurance law where it is ers. licensed or principally garaged. Land vehi- 5. Vehicles not described in Paragraph 1., 2., clos subject to a compulsory orfinancial re- 3., or 4, above that are not self-propelled and sponsibility law or other motor vehicle are maintained primarily to provide mobility. insurance law are considered "autos". to permanently attached equipment of the L "Pollutants" means any solid, liquid, gaseous or following types: thermal irritant or contaminant, including smoke, a. Air compressors, pumps and genera- vapor, soot, fumes, acids, alkalis, chemicals and tors, including spraying, welding, build- waste. Waste includes materials to be recycled, ing cleaning, geophysical exploration, recwnditioned or reclaimed. lighting and well servicing equipment; M. "Property damage' means damage to or loss of or use of tangible property. b. Cherry pickers and similar devices used to raise or lower workers. N. "Suit" means a civil proceeding in which: 6. Vehicles not described in Paragraph 1., 2., 1. Damages because of 'bodily injury" or 3, or 4. above maintained primarily for pur- property damage"; or poses other than the transportation of per- 2, A "covered pollution cost or expense", sons or cargo. However, self-propelled vehicles with the following types of perma- to which this insurance applies, are alleged. nontly attached equipment are not `mobile "Suit" includes: equipment" but will be considered `autos": a. An arbitration proceeding in which such a. Equipment designed primarily for: damages or `covered pollution costs or 11) Snow removal; expenses" are claimed and to which the "insured" must submit or does submit (2) Road maintenance, but not con- with our consent; or struction or resurfacing; or (3} Street cleaning; b. Any other alternative dispute resolution proceeding in which such darnages or b. Cherry pickers and similar devices "covered pollution costs or expenses" mounted on automobile or truck chassis are claimed and to which the insured and used to raise or lower workers; and submits with our consent. C. Air compressors, pumps and genera- O. "Temporary worker" means a person who is fur- tors, including spraying, welding, build- nished to you to substitute for a permanent ing cleaning, geophysical exploration, "employee" on leave or to moot seasonal or lighting or well servicing equipment. short-term workload conditions. However, "mobile equipment" does not in- P. "Trailer" includes semitrailer. elude land vehicles that are subject to a x Page 1;of 12 BKS55710276 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OFSUPPLEMENTARY PAYMENTS - COVERAGESAANDB 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY. ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS(MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 D4 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I • Coverage o - Bodily an Injury And provided: Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not app y 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of esignating her or him a commercial or airline pilot; and the United States of America or Canada, d 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured dcifiother s valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT -Coverage A- Bodily Injury And Property Damage Liability, Under Paragraph 2. Exclusions of Section I e Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: s� This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b, Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) & If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A•Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance Page 2 of 8 CG 88 10 04 13 Includes copyrighted material of Insurance Services office,Inc.,with its permission. g b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afar damages because of "property damage" to: a. Any one premise: (1) While rented to you, or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection Sys- tems, or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.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, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident, and F. EXTENSION OFSUPPLEMENTARY PAYMENTS -COVERAGESAAND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d, is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work, G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2, under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement, or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization, or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising p signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, F _ hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or �_ (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (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) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or darnage 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. With respect to Paragraph 1.b, above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. b With respects to Paragraph 1,c, above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,wlth Its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2, Exclusions under Section I -Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "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) at the location of the covered operations has been completed, or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. s This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured(s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured(s policy for damages we cover- © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 miss b. The following is added to Paragraph b. Excess Insurance: es rental contract when a written contra equipment or written or lease agreement, ntraotother r than agre a pre or permit eissued tl r by a state or political ogre does subdivision between you and alhisddisuranceltlsreticess ove�tany otherhfisurancecfor twhich o be prthe raddir primary and non-contributory, tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance Is excess or on any other basis for which the over any other insurance whether primary, excess, contingent additional insured has been added as an additional insured on other policies. o I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" !s person or organization who qualifies as an additional insured under any form This provision applies to any p 0 or endorsement under this policy. s 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: s An additional insured under this endorsement will as soon as practicable: MMa. Give written notice of an "occurrence" or an offense that may result in a claim or "suit' under y this insurance to us; N indemnity of any claim or "suit" b. Tender the defense and to all Insurers whom also have insurance available to the additional insured; and s c. Agree to make available any other insurance which the additional Insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of in applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS I MALPRACTICE E WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": to our members (if (a) To you, to your partners or members to you area partnership or joint venture), Y you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph ( ) (a) (c) For which there is any obligation to share damages with or repay some eonoe else who must pay damages because of the injury described in Paragraphs (1) (a) (b) rofessional health care services or providing (d) Arising out of his or her providing or failing to provide professional health care services. However, it you are not in the business of providing p proles- d does not sional health care personnel to others, or if coverage for providing professional health care se - vices is not otherwise excluded by separate endorsement, this provision (Paragraph ( )) apply. caused by Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" ry an "employee" who is acting in asupervisory capacity for yoincudesuthevdiroect supervision of other capacity as used e11employs the "employee's" job responsibilities assigned by y or "personal and ees" of yours. However, none of these "employees" are insureds for "bodily injury" © 2013 Liberty Mutual Insurance Pa e 6 of 8 CG 88 10 04 13 Includes copyrighted material of Insurance services Office,lnc.,with its permission. 9 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you: b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". e N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. O 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU e Under Section IV - Commercial General Liability Conditions, the following is added to Condition B. Trans- far Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we s 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" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. c ' 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 BKS55710276 COMMERCIAL GENERAL LIABILITY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom you have a written contract or agreement, executed prior to the"bodily injury" or"property damage", that requires you to waive your rights of recovery. nforma ion require o com e e t is Sc e u e, no s o vn a ove, wi e s own—in e ec ara ions The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against _.. the person or organization shown in the Schedule above 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". This waiver applies only to the,arson nr organization chnwn in _the - -- ---- Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ i BKS55710276 COMMERCIAL GENERAL LIABILITY CG 88 6012 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH LOCATION GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to operations at s single "location" owned by or rented to you: 1. A separate Each Location General Aggregate Limit applies to each 'location",and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, 2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regard- less of the number of; a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Location General Aggregate Limit for that "location". Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Each Location General Aggregate Limit for any other "location". 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 Each Location General Aggregate Limit. B. For all sums which the Insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib- uted only to operations at a single 'location" owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Each Location General Aggregate Limit, C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Each Location General Aggregate Limit. D. Forthe purposes of this endorsement,the following definition is added to Section V-Definitions: "Location" means premises involving the same or Connecting lots, or premises whose connection Is interrupted only by a street, roadway,waterway or right-of-way of a railroad. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CO 88 60 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 I i BKS55710276 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 —._ THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) —phis-endersemenYmodifiesynsnrance provided-fig: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises ownedby or rents to you: 1. A separate 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 Construction Project General Aggregate Limit is the most we will pay for the sum of all damages�rnder-Eoverage-A. Canso-af�odiiY-info ,• ' ge included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of, a. Insureds; b. Claims made or "suits" brought; or - ----c:. -Persons ororganizationsmakingg-claims arbringing-� 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the 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 Construction Project General Aggregate Limit for any other construction project. 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 Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents; ex- sun er ection - v Medical Paymalrts.whictrcanno uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and _ 2. Such payments shall not reduce any 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 a an one , e eyed, or a an Jonect 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 Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 7012 08 Includes copyrighted material of ISO Properties,Inc.,with its permission- Page 1 of 1 BAS55710276 COMMERCIAL AUTO CA88100110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement; the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX PROVISION NUMBER SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 312 ACCIDENTAL AIRBAG DEPLOYMENT 18 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 5 AMENDED FELLOW EMPLOYEE EXCLUSION 13 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 1 BROAD FORM INSURED 21 BODILY INJURY REDEFINED 2 EMPLOYEES AS INSUREDS (including employee hired auto) 22 EXTENDED CANCELLATION CONDITION 10 EXTRA EXPENSE—BROADENED COVERAGE 15 GLASS REPAIR—WAIVER OF DEDUCTIBLE 6 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 20 HIRED AUTO COVERAGE TERRITORY 14 LOAN (LEASE GAP 16 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 11 PERSONAL EFFECTS COVERAGE 8 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 RENTAL REIMBURSEMENT 4 SUPPLEMENTARY PAYMENTS 7 TOWING AND LABOR 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION 11—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II —LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an Insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy, p or nt e oAny wn moranization you e than 50 percent of theuire or form,voting stock.other Th sthan a autom tic coverage sfalffo afforded ornly for 80 dch aou ys from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization, m2010 Liberty Mutual Insurance company.All rights reserved. pa e 1 Of 7 CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. g (2) If the Limits of Insurance of any other insurance policy have been exhausted, or (3) To "bodily injury" or `property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II —LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any`employee'. g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II —LIABILITY COVERAGE; paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract; agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However; such person or organization is an"insured": (1) Only with respect to the operation; maintenance or use of a covered "auto"; (2) Only for "bodily injury" or"property damage" caused by an "accident"which takes place after you executed the written contract or agreement, or the permit has been issued to you', and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request; including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II— LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto"you own or hire. SECTION III— PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Farm for any"auto"you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow. or 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that"employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss"in any one"accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss", or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that Is hired, rented or borrowed with a driver;or (2) Any"auto" that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor Costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles,we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For"medium trucks" , we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8, PHYSICAL DAMAGE.ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III —PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 02010 Liberty Mutual Insurance Company.All rights reserved. Page 3 of 7 CA 88 10 01 10 Includes copyrighted material of Insurance Services office,with Its permission. g 9. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE; A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a ''loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident"or"loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage_ For the purposes of this endorsement provision, materials and equipment do not include "personal effects"as defined in provision 11. 1D. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000, 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects"stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V— DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13, AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: C�2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 4 of 7 Exclusion 4.c, and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals,whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss"and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN J LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" Is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto"is subject at the time of the"loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f, The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, j. Loan or lease termination fees, or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered`auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. (92010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with its permission. Page 6 Of 7 16. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following' No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto"is designed to carry while it is: a. In the charge of an `insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV— BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit"or"loss'', you must promptly notify us when it is known to: 1. You, if you are an individual, 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident"or"loss" took place; (2) The"insureds" name and address, and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV— BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services office,with its permission. Page 6 of 7 20. WIRED Auro COVERA GE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V— DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services office,with its permisslon. Page 7 of 7 BKS55710276 IL 01 46 08 10 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included In this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less favor- Coverage Part and the Capital Assets Pro- able to the insured. gram (Output Policy) Coverage Part, if A. Cancellation made a part of this policy, by mailing or 1. The first Named Insured shown in the delivering to the first Named Insured and Declarations may cancel this policy by the first Named Insured's agent or broker notifying us or the insurance producer in written notice of cancellation at least five one of the fallowing ways days before the effective date of ca- or more tion for any structure where two or more a. Written notice by mail, fax or e-mail, of the following conditions exist: b. Surrender of the policy or binder; or a. Without reasonable explanation, the c. Verbal notice. structure is unoccupied for more Upon receipt of such notice, we will can- than 60 consecutive days, or at least cel this policy or any binder issued as evi- 65% of the rental units are unoccu- dence of coverage, effective on the later pied for more than 120 consecutive of the following: days, unless the structure is main- tained for seasonal occupancy or is a. The date on which notice Is received under construction or repair; or the policy or binder is surren- dered: or b. Without reasonable explanation, b. The date of cancellation requested progress toward completion of per- b the first Named Insured. manent repairs to the structure has y not occurred within 60 days after re- 2. We may cancel this policy by mailing or ceipt of funds following satisfactory delivering to the first Named Insured and adjustment or adjudication of loss re- the first Named Insured's agent or broker sulting from afire. written notice of cancellation, including c. Because of its physical condition, the the actual reason for the cancellation, to structure is in danger of collapse: the last mailing address known to us, at least: d. Because of its physical condition, a vacation or demolition order has a. 10 days before the effective date of cancellation if we cancel for nonpay- been issued for the structure, it has been declared unsafe in accor- ment of premium, or dance with applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have cancellation if we cancel for any oth- been removed from the structure, in- s erreason; dicating an intent to vacate the struc- except as provided in Paragraphs 3. and Lure: 4. below. f. Without reasonable explanation, heat, water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 01 46 08 10 0 Insurance Services Office, Inc., 2010 Page 1 of 4 4. If. 7. If this policy is cancelled, we will send a. You are an individual; the first Named Insured any premium re- b. A covered auto you own is of the fund due. If we cancel, the refund will be "private passenger type"; and pro rata. If the first Named Insured can- cels, the refund will be at least 90% of the c. The policy does not cover garage, pro rata refund unless the following ap- automobile sales agency, repair plies: shop, service station or public park- a. For Division Two - Equipment Break- ing place operations hazards; down, if the first Named Insured can- we may cancel the Commercial Auto- cels, the refund will be at least 75% mobile Coverage Part by mailing or of the pro rata refund. delivering to the first Named Insured and b. If: the first Named Insured's agent or broker written notice of cancellation, including (1) You are an individual; the actual reason for cancellation, to the (2) A covered auto you own is of the last mailing address known to us: "private passenger type"; a. At least 10 days before the effective (3) The policy does not cover ga- date of cancellation if we cancel for rage, automobile sales agency, nonpayment of premium; or repair shop, service station or b. At least 10 days before the effective public parking place operations date of cancellation for any other rea- hazards, and son if the policy is in effect less than (4) The first Named Insured cancels, 30 days; or the refund will be not less than 90% c, At least 20 days before the effective of any unearned portion not exceed- date of cancellation for other than ing $100, plus 95% of any unearned nonpayment if the policy is in effect portion over S100 but not exceeding 30 days or more; or $500, and not less than 97% of any d. At least 20 days before the effective unearned portion in excess of $500. date of cancellation if the policy is in The cancellation will be effective even if effect for 60 days or more or is a re- we have not made or offered a refund. newal or continuation policy, and the 8. If notice is mailed, proof of mailing will reason for cancellation is that your be sufficient proof of notice. driver's license or that of any driver B. Changes who customarily uses a covered "auto" has been suspended or The policy contains all the agreements be- revoked during policy period. tween you and us concerning the insurance 5. We will also mail or deliver to any mort- afforded. The first Named Insured shown in the Declarations is authorized to make gage holder, pledgee or other person changes shown in this policy to have an interest in T the terms of this policy with our consent. T any loss which may occur under this poli- his policy's terms can b amended cy, at their last mailing address known to or waived only by endorsement issued ued by us v us, written notice of cancellation, prior to and made a part of this policy. the effective date of cancellation. If can- C. Examination Of Your Books And Records cellation is for reasons other than those We may examine and audit your books and contained in Paragraph A.3. above, this records as they relate to this policy at any notice will be the same as that mailed or time during the policy period and up to three delivered to the first Named Insured. If years afterward. cancellation is for a reason contained in D. Inspection And Surveys Paragraph A.3. above, we will mail or de- 1. We have the right to: liver this notice at least 20 days prior to the effective date of cancellation. a. Make inspections and surveys at any 6. Notice of cancellation will state the effec- time; tive date of cancellation. The policy pe- b. Give you reports on the conditions riod will end on that date. we find; and c. Recommend changes. Page 2 of 4 C) Insurance Services Office, Inc., 2010 IL 01 46 08 10 2. We are not obligated to make any inspec- G. Nonrenewal tions, surveys, reports or recommenda- 1. We may elect not to renew this policy by tions, and any such actions we do under- mailing or delivering written notice of take relate only to insurability and the nonrenewal, stating the reasons for premiums to be charged. We do not nonrenewal, to the first Named Insured make safety inspections. We do not un- and the first Named Insured's agent or dertake to perform the duty of any person broker, at their last mailing addresses or organization to provide for the health known to us. We will also mail to any or safety of workers or the public. And we mortgage holder, pledgee or other per- do not warrant that conditions: son shown in this policy to have an inter- a. Are safe or healthful: or est in any less which may occur under b. Comply with laws, regulations, this policy, at their last mailing address codes or standards. known to us, written notice of nonrenewal. We will mail or deliver these 3. Paragraphs 1. and 2. of this condition ap- notices at least 45 days before the: ply not only to us, but also to any rating, advisory, rate service or similar organiza- a. Expiration of the policy, or tion which makes insurance inspections, b. Anniversary date of this policy if this surveys, reports or recommendations. policy has been written for a term of 4. Paragraph 2. of this condition does not more than one year. apply to any inspections, surveys, reports Otherwise, we will renew this policy un- or recommendations we may make rela- less: tive to certification, under state or mu- a. The first Named Insured fails to pay nicipal statutes, ordinances or regula- the renewal premium after we have tions, of boilers, pressure vessels or expressed our willingness to renew, elevators. including a statement of the renewal E. Premiums premium, to the first Named Insured The first Named Insured shown in the Dec- and the first Named Insured's insur- larations: ance agent or broker, at least 20 days 1. Is responsible for the payment of all pre- before the expiration date: miums: and b. Other coverage acceptable to the in- sured has been procured prior to the 2. Will be the payee for any return premi- expiration date of the policy; or ums we pay. F. Transfer Of Your Rights And Duties Under c. The policy clearly states that it is not renewable and is for a specific line, This Policy subclassification, or type of coverage Your rights and duties under this policy may that is not offered on a renewable ba- not be transferred without our written con- sis. sent except in the case of death of an individ- 2 If: ual Named Insured. a. You are an individual; If you die, your rights and duties will be trans- ferred to your legal representative but only b. A covered auto you own is of the while acting within the scope of duties as "private passenger type": and your legal representative. Until your legal re- c. The policy does not cover garage, presentative is appointed, anyone having automobile sales agency, repair proper temporary custody of your property shop, service station or public park- will have your rights and duties but only with ing place operations hazards, respect to that property. IL 01 46 08 10 c Insurance services Office, Inc., 2010 Page 3 of 4 the following applies to nonrenewal of b. We will not refuse to renew Liability the Commercial Automobile Coverage Coverage or Collision Coverage sole- Part in place of GA.: ly because an "insured" has submit- a. We may elect not to renew or con- ted claims under Comprehensive tinue this policy by mailing or Coverage or Towing And Labor Cov- delivering to you and your agent or erage. broker written, notice at least 20 days C. If we fail to mail or deliver proper no- before the end of the policy period, tice of nonrenewal and you obtain including the actual reason for other insurance, this policy will end nonrenewal. If the policy period is on the effective date of that insur- more than one year, we will have the ance. right not to renew or continue it only at an anniversary of its original effec- tive date. If we offer to renew or con- tinue and you do not accept, this a policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. I n � Page 4 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 BKS55710276 IL 02 79 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERGEPART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common violation of the insurance laws Policy Condition is replaced by the following: of Oregon or any other state, or 2. If this policy has been in effect for: (7) Loss or decrease in reinsurance a. Fewer than 60 days and is not a re- covering the risk. newal policy, we may cancel for any c. 60 days or more or is a renewal poli- reason. cy, we may cancel for any other rea- son approved by the commissioner p. 60 days or more or is a renewal poli- cy, we may cancel only for one or by rule, but only with respect I more of the fallowing reasons: surance provided under the follow- more (1) Nonpayment of premium; (2) Fraud or material misrepresenta- (1) A package policy that includes tlon made by you or with your commercial property and com- knowledge in obtaining the poli- mercial liability insurance, cy, continuing the policy or in (2) Commercial Automobile Cover- presenting a claim under the age Part, policy, (3) Commercial General Liability (3) Substantial increase in the risk Coverage Part; of loss after insurance coverage (4) Commercial Property Coverage ° has been issued or renewed, in- Part - Legal Liability Coverage cluding but not limited to an in- Form, crease in exposure due to rules, x legislation or court decision; (5) Commercial Property Coverage Part - Mortgageholders Errors (4) Failure to comply with reason- And Omissions Coverage Form; able loss control recommenda- (6) Employment-related Practices tions; Liability Coverage Part; (5) Substantial breach of contrac- tual duties, conditions or war- (7) Farm Coverage Part - Farm Li- ranties; ability Coverage Form, (6) Determination by the (8) Liquor Liability Coverage Part, commissioner that the continu- (9) ProductslCompleted Operations ation of a line of insurance or Liability Coverage Part, or class of business to which the (10) Medical Professional Liability policy belongs will jeopardize Coverage Part. our solvency or will place us in IL 02 79 09 08 @ISO Properties, Inc., 2007 Page 1 of 2 B. Paragraph 3. of the Cancellation Common However, if this policy is issued for a Policy Condition is amended by the addition term of more than one year and for addi- of the following: tional consideration the premium is guar- 3. We will mail or deliver to the first Named anteed, we may not refuse to renew the Insured written notice of cancellation, policy at its anniversary date. stating the reason for cancellation. Nonrenewal will not be effective until at C. The following is added to the Cancellation least 45 days after the first Named In- Common Policy Condition: sured receives our notice. 7. Number Of Days' Notice Of Cancellation: 2• Mailing Of Notices a. With respect to insurance provided a. If notice of cancellation or _ under 2.c.(1) through (10) above, nonrenewal is mailed, a post office cancellation will not be effective until certificate of mailing will be conclu- at least 10 working days after the sive proof that the first Named In- first Named Insured receives our no- sured received the notice on the third _ Lice. calendar day after the date of the cer- b. With respect to insurance other than tificate of mailing. that provided under 2.c.(1) through b. The following provision applies with (10) above, cancellation will not be respect to coverage provided under effective until at least: the Farm Coverage Part: (1) 10 days after the first Named In- If the first Named Insured has affir- sured receives our notice, if we matively consented to our use of an cancel for nonpayment of premi- electronic record to deliver notice of um, or cancellation or nonrenewal and has not withdrawn such consent, then (2) 30 days after the first Named In- sured receives our notice, if we the electronic record delivering no- tice of cancellation or nonrenewal cancel for any other reason. satisfies the requirement that the no- D. Paragraph 6. of the Cancellation Common lice of cancellation or nonrenewal be Policy Condition does not apply. provided, or made available, to the E. The following are added and supersede any first Named Insured in writing if we provision to the contrary: send the first Named Insured the 1. Nonrenewal electronic record with a request for a We may elect not to renew this policy by return receipt and we receive the re- mailing or delivering to the first Named turn receipt. t,we do not receive the Insured, at the last mailing address nonrereturn receipt, policy may cancel or known to us, written notice of viding ew the policy only after pro- nonrenewal before the: ceding or delivering the notice of cant cellation or nonrenewal to the first a. Expiration date of the policy; or Named Insured in writing, subject to b. Anniversary date of the policy if the Paragraph 2.a. above_ policy is written for a term of more b than one year or without a fixed ex- piration date. n I, I Page 2 of 2 ©ISO Properties, Inc., 2007 IL 02 79 09 08