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PW17-409 - Amendment - #1 - Arborwell, Inc. - Remove or Trim Hazardous Trees Various Locations - 07/03/2018
•./K NT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: Arborwell, Inc. Vendor Number (JDE): Contract Number (City Clerk): 00 Z.. Category: Contract Agreement Sub-Category (if applicable): Amendment."__.I,___ Project Name: Trees and Foliaqe Removal Contract Execution Date: 7/3/18 Termination Date: 8/31/18 Contract Manager: Joe Codiga Department: PW: Operations Contract Amount: $0 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: Extend the time of comDletion to August 31, 2018. S w ` .. ;�T AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Arborwell, Inc. CONTRACT NAME & PROJECT NUMBER: Trees and Foliage Removal ORIGINAL AGREEMENT DATE: ]uly 20. 2017 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to remove or trim hazardous trees or foliage on City right-of-ways or other City property through August 31, 2018. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: .........— --------- ............._ Original Contract Sum, $100,000.00 including applicable WSST ... ..... ..... .... ...... ._.. ...... Net Change by Previous Amendments $0 including applicable WSST _. ............... Current Contract Amount $100,000.00 including all previous amendments ... ............. ....... ..._..... Current Amendment Sum $0 _........_� _ _.......... Applicable WSST Tax on this $0 Amendment Revised Contract Sum $100,000.00 AMENDMENT - I OF 2 Original Time for Completion 7/6/18 (insert date) Revised Time for Completion under n/a _ prior Amendments (insert date) al -- Add'I Days Required (f) for this - calendar days Amendment Revised Time for Completion 8/31/18 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. [By: 6 CONSULTANT/VENDOR: CI KENT _ „ Byr(signature) ✓ (b'l , durtrint Name: Brad Carson Print Name: Timothk ), Laporte P,E. s Sr. Vice President/Chief Financial Officer Its Public Works Director (title) Itl' DATE:m 7/3/2018 DATE: __ O _. ..----------- ........._..... ...... _............. - APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Arb—'IJ-„ee RepmoBI 201]Fmd k,CO3iy9 AMENDMENT - 2 OF 2 i r CITY OF KENT: 4 sy: V (slgr I tire,) Print Name: Kimberl A. Komoto Its: City Clerk DATE: l — r hi CERTIFICATE OF LIABILITY INSURANCE DATE 03/22/2018 YYYI 2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE. CERTIFICATE HOLDER. THIS RTIFICATE. DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE. POLICIES .:.LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WNSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSUREd,lho policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsonarma e'j. PRODUCER ON T Marsh USA Inc. NAME:PHONE .... FAX One Towne Square,Suite 1100 N%Nq,Exk1. ..... ..... .. _.., �1 p,Net ,.... _... Southfield,MI 48076 E-MAIL Alto:DersilGroupCaptive,certrequesl@marsh.com ADDRESS --- ---. NSURERISLAFKOROING COVERAGE ....,_ I NAfCN ...... .... __.._.......... GAWX 1T19 INSURER A.Zullch Arnencan lnsuranrz l7nmGdeY 16535 INSURED INsuaeo ArbOrW¢ ,Inc INSURER NavI ato r;Insurance Company 42307 �_ 2337 American Avenue INSURER c Hayward,CA 94545 .._'. INSURER O INSURER E; NSURER F; COVERAGES CERTIFICATE NUMBER: CHI-008483362-06 REVISION NUMBER: 7 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' ...... _.._........ FAlMLSUAIN .._.. ..... .. .. ..... PpI ICY EFF POLICY EKP .........—.._..__.. ... ., -___ TR TYPE OF INSURANCE I tiRgLICYNUMBER MMtlODPlYYY M1 OM'YY LIMITS A X COMMERCIAL GENERAL LIABILITY GL04637341-07 04V112018 '0410V2019 EACH OCCU RRENCE S 1000000 --�CLAIMS MADE X.�OCCUR FSAMA4a TDTIFNY"Fth" S 500,000 F. MISF:.$_dLa Roo rvgnpeY -_ ---. _....., _ �.,......... MEDEXIP(Aiany one porsoo) a PERSONA, 10000 .I .. _..,...... -_...... --. , ...... La A.v INJURY YS 10D0000..._ � GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGRE(?ATF S 2000000 ...X , POLICY d X jEt° Loc PRODUCTS.COMPAwPACG�g 200500 ,AUTOMOSILE LIABILITY EAP462734JOX 04MI17018 041(112018 COMBINCDSu LELIMT g 1,000,000 -.X.., ANY AUTO ....__ (Ea aa;OUPrepY ____. _ BODILY INJURY(Par person) 8 OWNED SCHEDULED - -- AITOSDIVLV BODILY INJURY(Per accident) 8 ..X... HIRE. NON-OWNE❑ Ofip PART YbtAMAGF „ AUTOS ON „__ AUTos oNLY ,fear A6L1d®{,ipp„ s S umeRELU LIAB X OCCUR AF'tlOEX077174TIV 04f0112018 04/01/2019 - EmCH OCCURRENCE ? 1,000,000 X EXCESSLIAB AGCRLCATE k 1,D00,00'_. . CLAIMS MADE e0 DED __. RETENTIONS .. -.._..... .,, .... A WORKERS COMPENSATION NOC4(5A739g ep S AND EMPLOYERS LIABILITY V I X 3EAVUrE _ER ....mm _ ANYPROPRILrOPxP'ARTNtFi ExE00 YIN'nvE (�''"—'� -Does notapply to the Monopolistic OFFICER/MEMREREXCLUDED 7000000(Martini m,Nutv T 1 NIA EL EACH ACUDENt 5 y l DISEASE ..�. ..... 1,006,000 DE6CRI oMbe ri RattIOpaS 6wluw Puereto lRico or the Virgin lslanlds E L DINeAs PCr�ICY LIMIT s 1 00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES tACORD 101,Atltllrlonal Remarks Schatlule,may be eaachetl lrmore apace ie requlra0l _ Re Project name:Annual On callTree Removal The certificate hoidens included as additional insured for general liability as required by writlen contract or written agreement,per policy terms and conditions. Insurance is primary and PoncoNnbutery where required by written contract. CERTIFICATE HOLDER CANCELLATION City Kenl P SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Public Works Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent,WA 98032 Ave.S ACCORDANCE WITH THE POLICY PROVISIONS. Kent, - AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley -_......-__. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Coverage Extension Endorsement ZURICH Policy No I Eff. Date of Pol, I Exp. Date of Pol. I Eff. Date of End I Producer No. MITI.Preen Return Prer. 8AP4637340-07 /112018 4/1/2019 4/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided underthe: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire i borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto"referenced in Paragraphs A.1.a. and A.1.11b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organizations) where required bywritten contract or written agreement with you executed prior to any "accident", including those person(s) or organizations) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, orthe Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law 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. U-CA-424-F CW(04114) Page 1 of 300 Includes copyrighted materlal of Insurance SeMces Oftice, Inc„with Its permisslon, Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II— Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II —Covered Autos Liability Coverage: This exclusion does not apply to covered "autos' participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos' participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total 'loss"to a covered "auto', we will pay any unpaid amount due on the lease or loan for a covered "auto", less. a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage, (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto' of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04114) Page 2 of 300 Includes copyrighted mated al of Insurance SeMces Ottice, Ina, with Its permission (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any coverer "auto (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Lass Coverage is provided for any covered "auto", or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However,the most we will pay for any expenses for loss of use is$100 per day, to a maximum of$3000, I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for loss"to personal effects which are: (1) Personal property owned by an "insured" and (2) In or on a covered "auto'. I Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of, (1) The reasonable cost to replace, or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for 'loss' to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watche, precious or semi-precious stones, (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio,visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss", J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 6.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio,visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto'at the time of"loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such loss", U-CA-424-F CW(04114) Page 3 of 300 Includes copyrighted material of Insurance Services Office, Inc„with Its permission, r Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto"on a pervehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest) deductible, it will be waived, or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. W Physical Damage —Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen,the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater, N. Temporary Substitute Autos— Physical Damage 1. The following is added to Section I —Covered Autos, Temporary Substitute Autos— Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered .auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3, Servicing, 4. "Loss'; or 5. Destruction. 2. The fallowing is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos —Physical Damage We will pay the owner for"loss"to the temporary substitute"auto" unless the "loss"results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following; a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or 'loss"is known to you (if you are an individual), a partner (if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW(04/14) Page 4 of 300 Includes copyrighted material of Insurance SeMces Ottice,Inc.,with Its permission, agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit"or"loss" shall not invalidat, the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses, If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you, P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos—Physical Damage Paragraph i of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee"i elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, ary "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto'is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following'. "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW(04/14) Page 5 of 300 Includes copyrighted material of Insurance Services Office,Inc.,with its permission, 'I. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II —Covered Auto Liability Coverage is replaced by the following: 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. V. Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III— Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss"to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or 'auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by blofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same„ U-CA-424-F CW(04114) Page 6 of 300 Includes copyrighted material of insurance SeM ces Office,Inc„with Its permisslon. Blanket E Notification to Others of Cancellation ZURICH Policy No. Eff, Date of Poi, Exp. Date of Pol, EH. Dale of End, Producer No. Add'I. Prem Return Prern. BAP4637340-07 04101f2018 1 04/01/2019 04/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided underthe: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification providing 60 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule provided to us by the first Named Insured. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will deliver electronic notification providing 10 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule prov ded to us by the first Named Insured. C. The Schedules described in Paragraphs A. and B. of this endorsement: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to the policy; 2. Must contain the names and e-mail addresses of only the persons nr organizations requiring notification that suc' Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedules may be updated and provided to us by the first Named Insured during the policy period. Such updated Schedules must comply with Paragraphs 2. 3. and 4. above. D. Our delivery of the electronic notification as described in Paragraphs A. and B. of this endorsement will be based on the most recent Schedules in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A., B. and D. of this endorsement. F. Our delivery of electronic notification described in Paragraphs A., B. and D. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date, 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. G. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedules provided to us as described in Paragraphs A-, B., C. and D. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-388-A(7194) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc„wth its permission. POLICY NUMBER: GLO 4637341-07 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizationts) Location(s)Of Covered Operations Any person or organization other than an Architect Any Location or project, other than a wrap-up or Engineer or Surveyor, to whom or to which you are other consolidated insurance program location required to provide additional insured status in a or project for which insurance is otherwise written contract or written agreement, except where separately provided to you by a wrap-up or other such contract or agreement is prohibited by law. consolidated insurance program r Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liabi'ity for "bodily injury', 'property This insurance does not apply to "bodily injury" or damage" or 'personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project, required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 113 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 04 13 POLICYNUMBER: GLO 4637341-07 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Or anization s Location And Description Of Completed Operations Any person or organization other than an Architect, Any Location or project, other than a wrap-up or Engineer or Surveyor, to whom or to which you are other consolidated insurance program location required to provide additional insured status in a or project for which insurance is otherwise written contract or written agreement, except where separately provided to you by a wrap-up or other such contract or agreement is prohibited by law. consolidated insurance program Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in pat, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required bythe contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 0 General Liability Extended Coverages ZURICH Policy No, Eff. Date of Pol I Exp. Date of Pol. Eff. Date of End I Producer No. AM1 Prem Return Prem, GL04637341-07 V1/2018 4l1/2019 11/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. A. Fellow Employee And Incidental Medical Malpractice Coverage Paragraph 2.&(1) of Section II —Who Is An Insured is replaced by the following: 2. Each of the following is also an insured. a Your"volunteer workers"only while performing duties related to the conduct of your business, or your "employees", otherthan either your "executive officers"(if you are an organization otherthan a partnership,joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees"or'Volunteer workers"are insureds for: (1) "Bodily injury" or"personal and advertising Injury": (a) To you,to your partners or members (if you are a partnership or joint venture) or to your members(if you are a limited liability company); (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described In Paragraph (1)(a) above, or (c) Arising out of his or her providing or failing to provide professional health care services, except any "bodily injury"or"personal and advertising injury"arising out of: (1) Medical or paramedical services to persons performed by any physician, dentist, nurse, emergency medical technician, paramedic or other licensed medical care person employed by you to provide such services; or (2) Emergency cardiopulmonary resuscitation (CPR) orfirst aid services performed by any other employee of yours who is not a licensed medical professional. B. Additional Insureds—Lessees Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law, b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and U-GL-1477-B CW(04113) Page 1 of 500 Includes copyrighted material of Insurance Services Office, Inc with its permission. I c. Ends when the person or organization ceases to lease or rent premises from you. 2. With respect to the insurance afforded to the additional insureds under this endorsement,the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph B.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph B. shall not increase the applicable Limits of Insurance shown in the Declarations. C. Additional Insured —Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury'and"property damage"included in the"products-completed operations hazard": Section II—Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph C. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to"bodily injury'or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor 2. With respect to the insurance afforded to these vendors,the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) 'Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) 'Bodily injury'or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or(6) above; or U-GL-1477-B CW(04113) Page 2 of 500 Includes copyrighted material of Insurance Services Office, Inc.,with its pnmisslon. (b) Such inspections,adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This insurance does not apply to any of"your products"for which coverage is excluded under this Coverage Part. 3. With respect to the insurance afforded to these vendors under this Paragraph C., the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a Required by the written contract or written agreement referenced in Subparagraph C.I. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2., Exclusions of Section I —Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c.through n. do not apply to damage by fire, lightning, explosion; windstorm or hail; smoke; aircraft or vehicles, vandalism weight of snow, ice or sleet; leakage from fire extinguishing equipment, including sprinklers; or accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam to premises while rented to you or temporarily occupied by you with permission of the owner A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III— Limits Of Insurance. 2. Paragraph 6. of Section III —Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above,the Dam age To Premises Rented To You Limit is the most we will pay under Coverage A for damages because ofproperty damage"to any one premises while rented to you, or in the case of damage by one or more covered perils to any one premises,while rented to you or temporarily occupied by you with permission of the owner. E. Limited Contractual Liability Coverage —Personal and Advertising Injury 1. Exclusion e. of Section I —Coverage B—Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for"personal and advertising injury"if, (a) The"personal and advertising injury'arises out of the offenses of false arrest, detention or imprisonment, U-GL-1477-6 CW(04113) Page 3 of 500 Includes copyrighted material of Insurance Services Office, Inc,with its permission, (b) The liability pertains to your business and is assumed in a written contractor written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assum ed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by orfor a party otherthan an insured are deemed to be damages because of"personal and advertising injury" described in Paragraph (a) above, provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section I —Supplementary Payments —Coverages A and B is replaced by the following: d. The allegations in the "suit"and the information we know about the "occurrence"or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee, 3. The following is added to the paragraph directly following Paragraph 21 of Section I —Supplementary Payments—Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2)of Section I— Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for"personal and advertising injury' and will not reduce the limits of insurance, Medical Payments —Increased Reporting Period Paragraph 1. a. of Section I - Coverage C—Medical Payments is replaced by the following; a. We will pay medical expenses as described below for"bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the"coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident, and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require, G. Supplementary Payments The following changes apply to Supplementary Payments —Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: b. Up to$2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. H. Broadened Property Damage 1. Elevator Property Damage U-GL-1477-IS CW{04113) Page 4 of 500 Includes copyrighted material of Insurance Services Office, Inc„with Its permission a The following is added to Exclusion j. of Section I —Coverage A— Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to "property damage"arising out of the use of an elevator at premises you own, rent or occupy. I The following is added to Section III —Limits Of Insurance: Subject to Paragraphs 2., 3. and 5. above,the most we will pay under Coverage A for damages because of"property damage"to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is$25,000 any one "occurrence". 2. Property Damage To Borrowed Equipment a The following is added to Exclusion j. of Section I —Coverage A— Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a jobsite. I The following is added to Section III —Limits Of Insurance: Subject to Paragraphs 2., 3. and 5. above, the most we will pay under Coverage A for damages because of"property damage"to equipment you borrow from others at ajobsite is$25,000 any one"occurrence". I. Expected or Intended Injury or Damage Exclusion a. of Section I—Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury Or Damage "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. J. Definition— Bodily Injury Definition 3. in Section V —Definitions is replaced by the following: 3. "Bodily injury"means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock,fright or death sustained by a person which results from that bodily injury, sickness or disease. I Insured Status—Amateur Athletic Participants Section II —Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. "Bodi I y injury"to. (1) Your"employee", "volunteer worker"or any person you sponsor while participating in such amateur athletic activities; or (2) You, any partner or member(if you are a partnership orjoint venture), or any member(if you are a limited liability company)while participating in such amateur athletic activities; or I "Property damage"to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (f) Your "employee", 'Volunteer worker"or any person you sponsor; or (2) You, any partner or member(if you are a partnership orjoint venture), or any member(if you are a limited liability company). L. Aircraft,Auto Or Watercraft U-GL-1477-3 CW(04113) Page 5 of 500 Includes copyrighted material of Insurance SeNces Office, Inc„with Its permission. Exclusion g, of Section I —Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage"arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which caused the "bodily injury" or"property damage"involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto"on, or on the ways next to, premises you own or rent, provided the"auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract"for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury"or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3)of the definition of"mobile equipment". M. Definitions— Leased Worker, Temporary Worker and Labor Leasing Firm 1. Definitions 10. and 19. in Section V -- Definitions are replaced by the following: 10. "Leased worker"means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker"does not include a'temporary worker". 19. 'Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee"absences, temporary skill shortages, upturns or downturns In business orto meet seasonal or short-term workload conditions. "Temporary worker"does not include a"leased worker". 2. The following definition is added to Section V— Definitions: "Labor leasing firm"means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; I Professional employer organization; or C. Temporary help service. N. Definitions—Your Product and Your Work Definitions 21. and 22. in Section V— Definitions are replaced by the following: 21. 'Your product": a. Means: U-GL-1477-B CW(04/13) Page 6 of 500 Includes copyrighted material of Insurance SeMces Office, Inc.,with Its permission. (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name, or (a) A person or organization whose business or assets you have acquired; and (2) Containers(other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the Fitness, quality, durability, performance, use, handling, maintenance, operation or safety of"your product" and (2) The providing of or failure to provide warnings or instructions. C. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. 'Your work": a. Means: (1) Work, services or operations performed by you or on your behalf, and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of"your work"; and (2) The providing of or failure to provide warnings or instructions. O. Priority Of Limits The following paragraph is added to Section III — Limits Of Insurance: In the event a claim is made or"suit" is brought against more than one insured seeking damages because of"bodily injury"or"property damage"caused by the same "occurrence"or "personal and advertising injury"caused by the same offense, we will apply the Limits of Insurance in the following order: (a) You; (b) Your"executive officers", partners, directors, stockholders, members, managers(if you are a limited liability company) or"employees" and (c) Any other insured in any order that we choose. P. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II — Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or"suit"does not imply that you also have such knowledge. In the event that an insured reports an "occurrence"to the workers compensation carrier of the Named Insured and this"occurrence"later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence"to us at the time of the "occurrence"shall not be deemed to be a violation of this condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. U-GL-1477-B CW(04/13) Page 7 of 500 Includes copyrighted material of Insurance Services Office, Inc,with its permission. r P Q. Other Insurance Condition Paragraphs 4.a. and 4.11p.(1) of the Other Insurance Condition of Section IV—Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If othervalid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows, a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, However, this insurance is also primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excesslnsurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for"your work'; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof)to cover premises rented to you or temporarily occupied by you with permission of the owner, (iii)That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to the extent not subject to Exclusion g, of Section I —Coverage A—Bodily Injury And Property Damage Liability; or (v) That is property insurance(including any deductible or self insurance portion thereof) purchased by you to cover damage to: (i) Equipment you borrowfrom others at ajobsite; or III) Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance(including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an U-GL-1477-B CW(04/13) Page 8 of 500 Includes copyrighted material of Insurance Services Office, Inc,with its pertnlsslon. additional insured on another policy providing coverage for the same "occurrence", claim or..suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. R. Unintentional Failure to Disclose All Hazards Condition 6. Representations of Section IV— Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us, and C. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: i. Fail to disclose all hazards existing at the inception of this policy; or ii. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. S. Transfer Of Rights Of Recovery Against Others To Us/Waiver of Right of Subrogation Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Commercial General Liability Conditions is renamed and replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us/Waiver of Right of Subrogation a If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss,we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins or when it is signed, whichever happens frst. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. T. Liberalization Condition The following condition is added to Section IV—Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy All other terms and conditions of this policy remain unchanged u-cL-f a7 7-a cw(oaif a) Page 9 of 500 Includes copyrighted material of Insurance Services Office, Inc„with its permission. lr Blanket E Notification to Others of Cancellation ZURICH Policy No, ER Date of Pol„ Exp. Date of Pol. Eff, Date of End, I Producer No, Add'I, Prem Return Prem. GLO4637341-07 1112018 4fl/2019 4/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provded underthe: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products(Completed Operations Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification providing 60 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule provided to us by the first Named Insured. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will deliver electronic notification providing 10 days notice that such Coverage Part is being cancelled to each person or organization shown in a Schedule provided to us by the first Named Insured. C. The Schedules described in Paragraphs A. and B. of this endorsement: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to the policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedules may be updated and provided to us by the first Named Insured during the policy period. Such updated Schedules must comply with Paragraphs 2., 3. and 4. above. D. Our delivery of the electronic notification as described in Paragraphs A. and I of this endorsement will be based on the most recent Schedules in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A., B. and D. of this endorsement. F. Our delivery of electronic notification described in Paragraphs A., B. and D. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negatethe cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. G. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedules provided to us as described in Paragraphs A., B., C. and D. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1 114-A D W(t M2) Page 1 of 1 Includes copyrighted material of insurance Services Ottice,Inc.,vAth its permisslon. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-332-A BLANKET E NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX—CONDITIONS Notification To Others Of Cancellation 1. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will deliver electronic notification providing 60 days notice that such policy is being cancelled to each person or organization shown in a Schedule provided to us by you, 2. If we cancel this policy by written notice to you for nonpayment of premium, we will deliver electronic notification providing 10 days notice that such policy is being cancelled to each person or organization shown in a Schedule provided to us by you. 3. The Schedules described in Paragraphs 1. and 2. of this endorsement: a. Must be initially provided to us within 15 days: (1) After the beginning of the policy period shown in the Declarations; or (2) After this endorsement has been added to the policy; I Must contain the names and e-mail addresses of only the persons or organizations requiring notification that this policy has been cancelled, I Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedules may be updated and provided to us by you during the policy period. Such updated Schedules must comply with Paragraphs b., c. and d. above. 4. Our delivery of the electronic notification as described in Paragraphs 1. and 2. of this endorsement will be based on the most recent Schedules in our records as of the date the notice of cancellation is mailed or delivered to you. 5. Proof of ern ailing the electronic notification will be sufficient proof that we have complied with Paragraphs 1., 2. and 4. of this endorsement. 6. Our delivery of electronic notification described in Paragraphs 1., 2. and 4. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: a. Extend the policy cancellation date; It. Negate the cancellation; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 7. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedules provided to us as described in Paragraphs 1., 2., 3. and 4. of this endorsement. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation oithe policy.) Endorsement Effective 4/1/2018 Policy No.WC 4637339-07 Endorsement No, Insured Arborwell, Inc. Premium $ Insurance Company Zurich American Insurance Company U-WC-332-A (Ed. 07-94) Includes copyrighted material of National Council on Compensation Insurance, Inc used with its permission. Page 1 of 1