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HomeMy WebLinkAboutPD17-102 - Original - TrueBearing LLC - 2016-2017 STOP Grant Evaluation - 02/27/2017 ii/rr G/�iil%/i �ri;r/ir %/r r //� r /i%1 r r,✓�" /f��r % i�i 4^,O�,Skvkk� r S5 " W,KENT ri wnSN-ncrcrn �ii� rrrj, Document 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: TrueBearing LLC Vendor Number: 720467 JD Edwards Number Contract Number: F 1 — 10 7, This is assigned by City Clerk's Office Project Name: 2016-2017 STOP Grant Evaluation Description: Interlocal Agreement ❑ Change Order ❑ Amendment XX Contract ❑ Other: Contract Effective bate: 2/2.7/2017 Termination Date: 9/29/2017 Contract Renewal Notice (Days): N/A Number of ,days required notice for termination or renewal' or amendment Contract Manager: Sara "flood Department: Police Contract Amount: $4,714 Approval Authority: (CIRCLE LINE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): This contract is for the outside evaluator as part of our STOP grant program. As of: 08/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and TrueBearing LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TrueBearing LLC organized under the laws of the State of Washington, located and doing business at 121 Lakeside Avenue, Suite B, SEATTLE WA 98122 (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: As further described in Exhibit A, Consultant will prepare a program evaluation tool in order to evaluate grant process and outcomes. Consultant will develop survey tool to assess effectiveness of selected programs/presentations to assist with the overall program evaluation. 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 September 29, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $4,714, 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. J. 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. 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 CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) 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 bellow. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. - CONSULTANT: CITY CITY KE By:� By: (signature) (signature) Print Name: Jessica Carr, J.D. PrintName: Kenneth E. Thomas Its:.MePke.r/Dj rector of Evaluation Strategies Its: Chief of Police I (title) DATE: 2/22/17 DATE:NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jessica Carr, J.D. Sara Wood TrueBearing Consulting City of Kent 121 Lakeside Avenue, Suite B 220 Fourth Avenue South Seattle, WA 98122 Kent, WA 98032 2016-732-6568 (telephone) (253) 856-5856 (telephone) 866-815-3945 (facsimile) (253) 856-6800 (facsimile) (telephone) (facsimile) CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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: TrueBearing LLC Title: Member / Director of Evaluation Strategies Date: 2/22/17 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. 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 that was entered into on the (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: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A - Evaluation Deliverables Deliverable Approximate Timeframe 1 Consultation with program staff on January 2017 planning/design at outset of project. 2 Develop pre/post structured survey February - March instrument for collection and analysis of 2017 indicators in order to evaluate project outcomes. Program staff to assist with data collection. 3 Oversee deployment of survey instruments. March - July 2017 4 High-level summary analysis of pre/post By September survey results. 2017 Consultant Billing Rates - Evaluation Deliverable (Approximate Hours Cost 1 - Initial consultation on planning/design (2 $250.00 hours 2 - Pre/post survey development and $1 437.50 preparation (11.5 hours) 3 - Oversee deployment of pre/post surveys (4.5 $562.50 hours 4 - High level summary analysis of results $1,924.00 (15.39 hours) 4 174.00 Terms: Cost calculations based on an hourly rate of $125.00 hour. Unless otherwise arranged, TrueBearing will invoice client according to the following schedule: Initial invoice (January): 20 percent of project total ($834.80) Remaining invoices (February - September): Eight monthly installments at $417.40 Invoices are due 30 days after e-mail delivery. 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liabittty insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. 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. CERTIFICATE OF LIABILITY INSURANCE r ATE(UM/DDNVVV) `--� 1 112 812 0 1 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 CONrACT NAME: - Hiscox Inc. 1HON -E,U, (888)202-3007 FAx — 520 Madison Avenue E-MAIL-AM COntaU@hi5cox.com 32nd Floor WSURER(S)AFFOR DING COVERAGE NAICIf New York,NY 10022 INSURER A: Hiscox Insurance Company Inc 1C200 INSURED INSURER B: _ _ True Bearing LLC INSURERC: 121 Lakeside Ave INSUERD: Suite B [1�.SUU:F'1.RE:Seattle WA 98122 RER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI ItS IS TO CERTIFY THAT THE POLICIFS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREME7J7,TERM OR CONDITION OF ANY CONTRACT OR OTT IER 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 CONUITIONS OF SUCH POLICIES.LIMITS ShOWN_MAY HAVE BEEN REDUCED BY PAID CLAIMS. �LTR TYPE OF INSURANCE D UBR POLICY NUMBER ,POLICY EY POLICY EXP LIMITS rMYI IX I COMMERCIAL GENERAL LIABILITY EAC tOCCURRENCE s 1.000.000 cLAlys-+ADS ^1 OCCUR I�CSDCCET"9NT — PRFMI5Es(Ea oceurronce) S 100.000 —. - MEDEXP(Myonepdrsonl $ 5.000 A _ Y UDC-1307968-CGL-16 11/05/2016 11/0512017 P�RSONALSADVIN.;URY $ 1,000,OCO GENL AGGREGATE LIMIT APPLIES PER GENERRAL AGGREGATE $ 2,000,000 X POL:CY❑JEC PROT `S PRODUCTS-COLA PLOPAG_G $ SIT Gen. OTHER: I S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea acddmdl _ _ ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED -- AUTOS AUTOS BODILY INJURY(Per acbdanl) NON-OWNED PROPERTYDAMAGE HIRED AUTOS AOTUS (Per 4"Adonl) $ UMBRELLA LIAR OCCUR LACH OCCJRRENCE S EXCESS LIAR C AIIAS-M_.DE AGGREGATE 0--71 RF TFNTION S is WORKERS COMPENSATION I PER OTH- ANDEMPLOVERS'LIASILITY Y/N STATUTE_. ER ANYPROPRIETDPIPARTNEW'cXECUTIVE ❑NyA E,L.EACH ACCIDENT S OFFICERIMEMBEREXCLUDEI)? - --- (Mandatory in NH) E.L.DISEASE EA EMPLOYEEI$ If yes,dascrbe vole, - - -- DESCRIPIIONOFOPERATIONSbelow E.I. D1ZEASE-POLICY UkTT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be etlaehod It more Space Is required) The City of Kent is named as additional insured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION The City of Kent 220 Fourth Avenue South SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kent,WA 98032 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD elto HI SGOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: True8earing LLC Endorsement Number: 1 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINITION OF EMPLOYEE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In Section V — DEFINITIONS, Definition 5. "Employee" is deleted and replaced with the following: 5. "Employee" Includes a''leased worker"and a "temporary worker". CGL E5401 CW(03110) Page 1 of 1 Incicdss copyrighted material of Insurance Services Office.Inc.,with its permission. 'A0 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 2 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE INFORMATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Where To Send Notice Phone: 866-424-8508 Email: reportaclaim@hiscox.com Mail: Hiscox 520 Madison Avenue-32nd Floor Attn:Direct Claims New York, NY, 10022 Subparagraph 2. Duties In The Event Of Occur- rence, Offense, Claim Or Suit in Section IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended to include the following: Any not ification required by this policy s hall be pr o- vided t o us at t he addr ess I isted in the above SCHEDULE. CGL E5403 CW(03M 0) Page 1 of 1 Includes copyrighted material of Insurance 5ervlces Office,Inc.,with its permission. 011ty HISCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 3 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PERSONAL INFORMATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 2. Exclusions under Section I — COV- ERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE C — MEDICAL PAYMENTS is amended to Include the following exclusion: Personal Information "Bodily Injury", "property damage" or "personal and advertising injury' caused by the insured's failure to protect any non-public, personally identifiable infor- mation in the insured's care,custody or control. CGL E5404 CW(03110) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,wilh its permission. 40 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 4 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DAMAGE TO PRIMARY RESIDENCE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to a premises that is an insured's primary residence: A. The last paragraph ("Exclusions c. through n. do C. Paragraph 6. of Section III — Limits Of Insur- not apply.. . ")of Paragraph 2., Exclusions un- ance is deleted. der Section I—Coverage A—Bodily Injury And D. Any reference in the Declarations to"Damage To Property Damage Liability is deleted. Premises Rented To You"is deleted. B. The first exception ("Paragraphs (1), (3) and (4) of this exclusion do not apply . . . ")to Exclusion j., Damage To Property of Paragraph 2., Exclu- sions of Section I—Coverage A—Bodily Injury And Property Damage Liability is deleted. CGL E5405 CW(03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 40 HISCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 5 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 2.Exclusions under Section I— This exclusion applies even if the claims allege neg- COVERAGE A — BODILY INJURY AND PROPER- ligence or other wrongdoing in the supervision, hlr- TY DAMAGE LIABILITY, and COVERAGE B — ing, employment, training or monitoring of others by PERSONAL AND ADVERTISING INJURY an insured, if the "occurrence" which caused the LIABILITY, is amended to include the following "bodily injury' or "property damage", or the offense exclusion: which caused the "personal and advertising injury', involved the rendering or failure to render any pro- fessional service. Professional Services "Bodily injury", "property damage" or "personal and advertising injury' caused by the rendering or failure to render any professional service. CGL E5407 CW(03110) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its perrrlsslon. 140 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 6 Endorsement Effective:November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CANCELLATION PROVISION (14 DAY FULL REFUND) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All Coverage Parts included in this policy are subject to the following condition: Notwithstanding anything in the "COMMON POLICY CONDITIONS" or any other cancellation provision to the contrary, if the first Named Insured cancels within 14 days of the inception of the policy period shown in the Declarations without there having been: (1) an 'occurrence" that caused "bodily in- jury" or "property damage"; (ii) an offense arising out of your business that caused a "personal and advertising injury'; or (iii) an accident that caused "bodily injury"; then we shall return in full any pre- mium amount actually paid to us. In such event, the effective date of cancellation shall be deemed to be the inception date of the policy period shown in the Declarations. CGL E5408 CW(03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 40 HISCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 7 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RIGHT AND DUTY TO SELECT DEFENSE COUNSEL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In regard to any covered "suit" seeking damages under Section I — COVERAGE A — BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, our right and duty to defend shall include the right to select defense counsel. CGL E5409 CW(03/10) Page 1 of 1 ITN HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 8 Endorsement Effective: November 05, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to include as an additional insured any per- sons) or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organiza- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tions) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to lia- bility for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing opera- tions;or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. CGL E5421 CW(02/14) Includes copyrighted material of Insurance Services Office,Inc.,with its Page 1 of 1 permission. Vito HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 9 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Loss Of Electronic Data Limit: J$ 25,000 Information required to complete this Schedule if not shown above,will be shown in the Declarations. A. Exclusion 2.p.of Coverage A—Bodily Injury And D. For the purposes of the coverage provided by this Property Damage Liability in Section 1 — Cove- endorsement, the definition of "Property Damage" rages is replaced by the following: in the Definitions Section is replaced by the fol- 2. Exclusions lowing: This insurance does not apply to: 17. "Property damage" means: p. Electronic Data a. Physical injury to tangible property, includ- ing all resulting loss of use of that property. Damages arising out of the loss of, loss of All such loss of use shall be deemed to oc- use of, damage to, corruption of, inability to cur at the time of the physical injury that access, or inability to manipulate"electronic caused it; data" that does not result from physical in- b. Loss of use of tangiblepropertythat is not jury to tangible property. 9 is added to Section III — physically injured. All such loss of use shall B. The following paragraph be deemed to occur at the time of the "oc- Limits Of Insurance: currence"that caused it;or Subject to 5. above, the Loss of Electronic Data c. Loss of, loss of use of, damage to, corrup- Limit shown in the Schedule above is the most we tion of, inability to access, or inability to will pay under Coverage A for "property damage" properly manipulate"electronic data",result- because of all loss of "electronic data" arising out ing from physical injury to tangible property. of any one"occurrence". All such loss of "electronic data" shall be C. The following definition is added to the Definitions deemed to occur at the time of the "occur- Section: rence"that caused it. "Electronic data" means information, facts or pro- For the purposes of this insurance, "electronic grams stored as or on, created or used on, or data"is not tangible property. transmitted to or from computer software (includ- ing systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CG 04 3712 04 01SO Properties, Inc.,2003 Pagel of 1 ETA HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 10 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 it the policy that are less favorable Coverage Part and the Capital Assets Program to the insured. (Output Policy) Coverage Part, if made a part A. Cancellation of this policy, by mailing or delivering to the first Named Insured and the first Named Insured's 1. The first Named Insured shown in the agent or broker written notice of cancellation at Declarations may cancel this policy by notifying least five days before the effective date of us or the insurance producer in one of the cancellation for any structure where two or following ways: more of the following conditions exist: a. Written notice by mail,fax or e-mail; a. Without reasonable explanation, the b. Surrender of the policy or binder;or structure is unoccupied for more than 60 c. Verbal notice. consecutive days, or at least 65% of the rental units are unoccupied for more than Upon receipt of such notice, we will cancel this 120 consecutive days, unless the structure policy or any binder issued as evidence of is maintained for seasonal occupancy or is coverage, effective on the later of the following: under construction or repair; a. The date on which notice is received or the b. Without reasonable explanation, progress policy or binder is surrendered;or toward completion of permanent repairs to b. The date of cancellation requested by the the structure has not occurred within 60 first Named Insured. days after receipt of funds following 2. We may cancel this policy by mailing or satisfactory adjustment or adjudication of delivering to the first Named Insured and the loss resulting from a fire; first Named Insured's agent or broker written c. Because of its physical condition, the notice of cancellation, including the actual structure is in danger of collapse; reason for the cancellation, to the last mailing d. Because of its physical condition, a address known to us, at least: vacation or demolition order has been a. 10 days before the effective date of issued for the structure, or it has been cancellation if we cancel for nonpayment of declared unsafe in accordance with premium;or applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have been cancellation if we cancel for any other removed from the structure, indicating an reason; intent to vacate the structure; except as provided in Paragraphs 3. and 4. f. Without reasonable explanation, heat, below. water, sewer and electricity are not furnished for the structure for 60 consecutive days;or IL 0146 0810 0 Insurance Services Office, Inc., 2010 Page 1 of 4 g. The structure is not maintained in 7. If this policy is cancelled, we will send the first substantial compliance with fire, safety and Named Insured any premium refund due. If we building codes. cancel, the refund will be pro rata. If the first 4. If: Named Insured cancels, the refund will be at a. You are an individual; least 90% of the pro rata refund unless the following applies: b. A covered auto you own is of the "private a. For Division Two— Equipment passenger type";and Breakdown. if the first Named Insured cancels, the c. The policy does not cover garage, refund will be at least 75% of the pro rata automobile sales agency, repair shop, refund. service station or public parking place operations hazards; b. If: we may cancel the Commercial Automobile (1) You are an individual; Coverage Part by mailing or delivering to the (2) A covered auto you own is of the first Named Insured and the first Named "private passenger type"; Insured's agent or broker written notice of (3) The policy does not cover garage, cancellation, including the actual reason for automobile sales agency, repair shop, cancellation, to the last mailing address known service station or public parking place to us: operations hazards;and a. At least 10 days before the effective date of (4) The first Named Insured cancels; cancellation if we cancel for nonpayment of premium;or the refund will be not less than 90% of any b. At least 10 days before the effective date of unearned portion not exceeding $100, plus cancellation for any other reason if the 95%of any unearned portion over$100 but not exceeding $500, and not less than 97/o policy is in effect less than 30 days; or of any unearned portion in excess of$500. c. At least 20 days before the effective date of The cancellation will be effective even if we cancellation for other than nonpayment if have not made or offered a refund. the policy is in effect 30 days or more;or d. At least 20 days before the effective date of 8. sufficient proof of notice. If notice is mailed, proof of mailing will be cancellation if the policy is in effect for 60 s days or more or is a renewal or continuation B. Changes policy, and the reason for cancellation is The policy contains all the agreements between that your driver's license or that of any you and us concerning the insurance afforded. driver who customarily uses a covered The first Named Insured shown in the Declarations "auto" has been suspended or revoked is authorized to make changes in the terms of this during policy period. policy with our consent.This policy's terms can be 5. We will also mail or deliver to any mortgage amended or waived only by endorsement issued holder, pledgee or other person shown in this by us and made a part of this policy. policy to have an interest in any loss which C. Examination Of Your Books And Records may occur under this policy, at their last We may examine and audit your books and mailing address known to us, written notice of records as they relate to this policy at any time cancellation, prior to the effective date of during the policy period and up to three years cancellation. If cancellation is for reasons other afterward. than those contained in Paragraph A.3.above, this notice will be the same as that mailed or D. Inspection And Surveys delivered to the first Named Insured, If 1. We have the right to: cancellation is for a reason contained in a. Make inspections and surveys at any time; Paragraph A.3, above, we will mail or deliver this notice at least 20 days prior to the effective b. Give you reports on the conditions we find; date of cancellation. and 6. Notice of cancellation will state the effective c. Recommend changes. date of cancellation. The policy period will end on that date. Page 2 of 4 ©Insurance Services Office, Inc., 2010 1L 01 46 0810 2. We are not obligated to make any inspections, G. Nonrenewal surveys, reports or recommendations, and any 1. We may elect not to renew this policy by such actions we do undertake relate only to mailing or delivering written notice of insurability and the premiums to be charged. nonrenewal, stating the reasons for We do not make safety inspections.We do not nonrenewal,to the first Named Insured and the undertake to perform the duty of any person or first Named Insured's agent or broker, at their organization to provide for the health or safety last mailing addresses known to us. We will of workers or the public. And we do not warrant also mail to any mortgage holder, pledgee or that conditions: other person shown in this policy to have an a. Are safe or healthful;or interest in any loss which may occur under this b. Comply with laws, regulations, codes or policy, at their last mailing address known to standards. us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before 3. Paragraphs 1.and 2. of this condition apply not the: only to us, but also to any rating, advisory, rate service or similar organization which makes a. Expiration of the policy;or insurance inspections, surveys, reports or b. Anniversary date of this policy if this policy recommendations. has been written for a term of more than 4. Paragraph 2.of this condition does not apply to one year. any inspections, surveys, reports or Otherwise,we will renew this policy unless: recommendations we may make relative to a. The first Named Insured fails to pay the certification, under state or municipal statutes, renewal premium after we have expressed ordinances or regulations, of boilers, pressure our willingness to renew, including a vessels or elevators. statement of the renewal premium, to the E. Premiums first Named Insured and the first Named The first Named Insured shown in the Insured's insurance agent or broker,at least Declarations: 20 days before the expiration date; 1. Is responsible for the payment of all premiums; b. Other coverage acceptable to the insured and has been procured prior to the expiration 2. Will be the payee for any return premiurns we date of the policy;or pay. c. The policy clearly states that it is not renewable and is for a specific line, F. Transfer Of Your Rights And Duties Under This subclassification,or type of coverage that is Policy not offered on a renewable basis. Your rights and duties under this policy may not be 2. If: transferred without our written consent except in the case of death of an individual Named Insured. a. You are an individual; If you die, your rights and duties will be transferred b. A covered auto you own is of the "private to your legal representative but only while acting passenger type";and within the scope of duties as your legal c. The policy doos not cover garago, representative. Until your legal representative is automobile sales agency, repair shop, appointed, anyone having proper temporary service station or public parking place custody of your property will have your rights and operations hazards; duties but only with respect to that property. IL 0146 0810 ©Insurance Services Office, Inc.,2010 Page 3 of 4 the following applies to nonrenewal of the b. We will not refuse to renew Liability Commercial Automobile Coverage Part in Coverage or Collision Coverage solely place of G.1.: because an "insured" has submitted claims a. We may elect not to renew or continue this under Comprehensive Coverage or Towing policy by mailing or delivering to you and And Labor Coverage. your agent or broker written notice at least c. If we fail to mail or deliver proper notice of 20 days before the end of the policy period, nonrenewal and you obtain other insurance, including the actual reason for nonrenewal. this policy will end on the effective date of If the policy period is more than one year, that insurance. we will have the right not to renew or continue it only at an anniversary of its original effective date. If we offer to renew or continue and you do not accept, this policy will terminate at the and 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. Page 4 of 4 ©Insurance Services Office, Inc.,2010 IL 0146 0810 40 H I SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 11 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The insurance does not apply: B. Under any Medical Payments Coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily in- or"property damage": jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- (1) With respect to which an "insured" under eration of a "nuclear facility" by any person or the policy is also an insured under a nuc- organization. lear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mu- C. Under any Liability Coverage, to "bodily injury" tual Atomic Energy Liability Underwriters, or "property damage" resulting from "hazard- Nuclear Insurance Association of Canada ous properties"of"nuclear material", if: or any of their successors, or would be an (1) The"nuclear material"(a) is at any "nuclear insured under any such policy but for its facility"owned by, or operated by or on be- termination upon exhaustion of its limit of half of, an "insured" or (b) has been dis- liability;or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in of "nuclear material" and with respect to "spent fuel" or "waste" at any time pos- which (a) any person or organization is re- sessed, handled, used, processed, stored, quired to maintain financial protection pur- transported or disposed of, by or on behalf suant to the Atomic Energy Act of 1954, or of an"insured";or any law amendatory thereof, or (b) the "in- (3) The "bodily injury" or "property damage" sured"is, or had this policy not been issued arises out of the furnishing by an "insured" would be, entitled to indemnity from the of services, materials, parts or equipment in United States of America, or any agency connection with the planning, construction, thereof, under any agreement entered into maintenance, operation or use of any"nuc- by the United States of America, or any lear facility", but if such facility is located agency thereof, with any person or organi- within the United States of America, its terri- zation. tories or possessions or Canada, this Ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. IL 01 98 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 2. As used in this endorsement: (c) Any equipment or device used for the "Hazardous properties" includes radioactive, toxic processing, fabricating or alloying of "special or explosive properties; nuclear material" if at any time the total amount "Nuclear material" means "source material", 'S a of such material in the custody of the "insured p at the premises where such equipment or de- cial nuclear material"or"by-product material"; vice is located consists of or contains more "Source material", "special nuclear material", and than 25 grams of plutonium or uranium 233 or "by-product material" have the meanings given any combination thereof, or more than 250 them in the Atomic Energy Act of 1954 or in any grams of uranium 235; law amendatory thereof; (d) Any structure, basin, excavation, promises or "Spent fuel" means any fuel element or fuel corn- place prepared or used for the storage or dis- ponent, solid or liquid, which has been used or ex- posal of"waste"; posed to radiation in a"nuclear reactor"; and includes the site on which any of the foregoing is "Waste"means any waste material (a)containing "by- located, all operations conducted on such site and all product material" other than the tailings or wastes premises used for such operations; produced by the extraction or concentration of ura- "Nuclear reactor" means any apparatus designed or nium or thorium from any ore processed primarily for used to sustain nuclear fission in a self-supporting its "source material" content, and (b) resulting from chain reaction or to cowaln a critical mass of flssiona- the operation by any person or organization of any ble material; "nuclear facility" included under the first two para- "Property damage" includes all forms of radioactive graphs of the definition of"nuclear facility contamination of property. "Nuclear facility"means: (a) Any"nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plu- tonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; Page 2 of 2 ©ISO Properties, Inc.,2007 IL 01 98 09 08 140 HISCOXHiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 12 Endorsement Effective: November 05,2016 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAIN EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec- B. Exclusion p. of Paragraph 2. Exclusions of Sec- tion I—Coverage A—Bodily Injury And Proper- tion I—Coverage B—Personal And Advertising ty Damage Liability is replaced by the following: Injury Liabillty is replaced by the following; 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: q. Recording And Distribution Of Material p. Recording And Distribution Of Material Or Information In Violation Of Law Or Information In Violation Of Law "Bodily injury" or"property damage" arising "Personal and advertising injury" arising di- directly or indirectly out of any action or rectly or indirectly out of any action or omis- omission that violates or is alleged to vi- sion that violates or is alleged to violate: olate: (1) The Telephone Consumer Protection (1) The Telephone Consumer Protection Act (TCPA), including any amendment Act (TCPA), including any amendment of or addition to such law; of or addition to such law; (2) The CAN-SPAM Act of 2003, including (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such any amendment of or addition to such law; law; (3) The Fair Credit Reporting Act (FCRA), (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to and any amendment of or addition to such law, including the Fair and Accu- such law, including the Fair and Accu- rate Credit Transaction Act(FACIA);or rate Credit Transaction Act (FACTA);or (4) Any federal, state or local statute, ordin- (4) Any federal, state or local statute, ordin- ance or regulation,other than the TCPA, ance or regulation,other than the TCPA, CAN-SPAM Act of 2003 or FCRA and CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that their amendments and additions, that addresses, prohibits, or limits the print- addresses, prohibits, or limits the print- ing, dissemination, disposal, collecting, ing, dissemination, disposal, collecting, recording, sending, transmitting, com- recording, sending, transmitting, com- municating or distribution of material or municating or distribution of material or information. information. CG 00 68 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 40 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 13 Endorsement Effective:November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any claim for dam- ages by any Named Insured against another Named Insured because of "bodily injury" or "property dam- age" arising out of "your products" and included within the"products-completed operations hazard." CG 2141 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 A& HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 14 Endorsement Effective: November 05,2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion e. of Coverage A — Bodily Injury And a. Your "employees", other than either your Property Damage Liability(Section I—Coverages) "executive officers" (if you are an organiza- applies only to "bodily injury" to any"employee" of tion other than a partnership, joint venture the insured whose employment is not subject to or limited liability company) or your manag- the Industrial Insurance Act of Washington (Wash- ers (if you are a limited liability company), ington Revised Code Title 51). but only for acts within the scope of their With respect to "bodily injury" to "employees" of employment by you or while performing du- the insured whose employment is subject to the ties related to the conduct of your business. Industrial Insurance Act of Washington, Exclusion However, none of these "employees" is an e. is replaced with the following: insured for: This insurance does not apply to: (1) "Bodily injury" or"personal and advertis- 1. "Bodily injury" to an "employee" of the insured ing injury": arising out of and in the course of: (a) To you, to your partners or members (if you are a partnership or joint ven- a. Employment by the insured;or ture), to your members (if you are a b. Performing duties related to the conduct of limited liability company), or to a co- the insured's business;or "employee"while that co-"employee" 2. Any obligation to share damages with or repay is either in the course of his or her someone else who must pay damages bc- employment or performing duties re- cause of the Injury. lated to the conduct of your busi- ness; This exclusion does not apply to liability assumed (b) For which there is any obligation to by the insured under an"insured contract". share damages with or repay some- B. Paragraphs 2.a.(1)(a), (b) and (c) of Section II — one else who must pay damages Who Is An Insured apply only to "employees" of because of the injury described in the insured whose employment is not subject to Paragraph(1)(a)above;or the Industrial Insurance Act of Washington (Wash- (c) Arising out of his or her providing or ington Revised Cade Title 51). failing to provide professional health With respect to "employees" of the insured whose care services. employment is subject to the Industrial Insurance Act of Washington, the reference to "volunteer workers" is removed from Paragraph 2.(a) of Sec- tion II — Who Is An Insured and Paragraph 2.a.(1)of Section II is replaced with the following: 2. Each of the following is also an insured: CG 01 81 05 08 0 ISO Properties, Inc.,2007 Page i of 1 40 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 15 Endorsement Effective: November 05, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person s Or Organization(s) City of Kent 220 Fourth Avenue South Kent,WA 98032 Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 16 Endorsement Effective: November 05,20i6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. If aggregate insured losses attributable to terrorist "Certified act of terrorism" means an act that is acts certified under the federal Terrorism Risk In- certified by the Secretary of the Treasury, in ac- surance Act exceed$100 billion in a calendar year cordance with the provisions of the federal Terror- and we have met our insurer deductible under the ism Risk Insurance Act, to be an act of terrorism Terrorism Risk Insurance Act, we shall not be lia- pursuant to such Act. The criteria contained in the ble for the payment of any portion of the amount of Terrorism Risk Insurance Act for a"certified act of such losses that exceeds$100 billion,and in such terrorism"include the following: case insured losses up to that amount are subject 1. The act resulted in insured losses in excess of to pro rata allocation in accordance with proce- $5 million in the aggregate, attributable to all dures established by the Secretary of the Trea- types of insurance subject to the Terrorism sury. Risk Insurance Act;and 2. The act is a violent act or an act that is dan- gerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu- lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclu- sion, or the inapplicability or omission of a terror- ism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 2170 01 15 ©Insurance Services Office. Inc., 2015 Page 1 of 1 Am HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1307988-CGL-16 Named Insured: TrueBearing LLC Endorsement Number: 17 Endorsement Effective: November 05,2016 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT.THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE—PART I Terrorism Premium(Certified Acts)$ 4.00 This premium is the total Certified Acts premium attributable to the following Coverage Part(s),Cover- age Form(s)and/or Policy(ies): Additional information,if any,concerning the terrorism premium: SCHEDULE—PART II Federal share of terrorism losses 85%year 2015;84%year 2016;83%year 2017;82%year 2018;81% year 2019 and 80%year 2020. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk In- surance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certi- fied under the Terrorism Risk Insurance Act. The portion of your premium attributable to such cov- erage is shown in the Schedule of this endorse- ment or in the policy Declarations. IL 09 85 01 15 ©Insurance Services Office, Inc., 2015 Page 1 of 2 B. Disclosure Of Federal Participation In Payment C. Cap On Insurer Participation In Payment Of Of Terrorism Losses Terrorism Losses The United States Government, Department of the If aggregate insured losses attributable to terrorist Treasury, will pay a share of terrorism losses in- acts certified under the Terrorism Risk Insurance sured under the federal program. The federal Act exceed$100 billion in a calendar year and we share equals a percentage (as shown in Part II of have met our insurer deductible under the Terror- the Schedule of this endorsement or in the policy ism Risk Insurance Act, we shall not be liable for Declarations) of that portion of the amount of such the payment of any portion of the amount of such insured losses that exceeds the applicable insurer losses that exceeds$100 billion, and in such case retention. However, if aggregate insured losses at- insured losses up to that amount are subject to pro tributable to terrorist acts certified under the Ter- rata allocation in accordance with procedures es- rorism Risk Insurance Act exceed$100 billion in a tablished by the Secretary of the Treasury. calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds$100 billion. Page 2 of 2 0 insuranco Services Office, Inc., 2015 IL 09 85 01 15