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CAG2019-101 - Original - All Battery Sales and Services, Inc. - 2019 Recycling Events - 02/26/2019
ANT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office, A,H portions are to 6a cornpk2ted If YOU LhOV,-:� qUeSdol):5, J)iease contace the City Clerk's Offict! at 253-256-57215. Vendor Name: All Battery Sales and Service, Inc. Vendor Number (IDE): Contract Number (City Clerk): 610L, 101-to Category: _Contract Agreement Sub-Category (if applicable): None Project Name: 2019 Recycling Events Contract Execution Date: 2/26/19 Termination Date: 12/31/19 Contract Manager: Tony Donati Department: PVV: Engineering Contract Amount: $3,500.00 Budgeted: Fv-/] Grant? Part of NEW Budget: 7-1 Local: 0 State: F] Federal: 0 Related to a New Position: 1:1 Basis for Selection of Contractor? Other Approval Authority: 1A Director 11 Mayor City Council Other Details: Provide battery recvclina services for three recycling events, N T GOODS & SERVICES AGREEMENT between the City of Kent and All Battery Sales and Service, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Battery Sales and Service, Inc. organized under the laws of the State of Washington, located and doing business at 727 134"' St. SW, Everett, WA 98204, Phone: (425) 743-7677, Contact: Jack Bradbury (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide battery recycling services for three City of Kent 2019 Recycling 'Events. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand, Five Hundred Dollars ($3,500.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid per recycling event after submittal of invoice, If the City objects to all or any portion of an invoice, it shall notify Vendor 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. GOODS & SERVICES AGREEMENT - 1 ($20,000or Less, incl. NSST) A. ©elective ar 4nauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Cla9rns. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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: A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason,, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreernent, with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim,. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Re�coCc. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor°s Duty tta Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materiails and services required by the City under this Agreement. D. Failure to Protest Consitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Cnsiutes Vl'aNver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 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 Vendor 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 jurisddction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. XIV. MISCELLANEOUS PROVISIONS. A. Rgcyci1ate 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 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 XI of this Agreement. D. 'Wri en 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. 6�iaWnm n . Any assignment of this Agreement by either party without the written consent of the non-assigning party shall Ibe 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. Modiflcation. 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 Vendor,. 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 wiCh Laws, The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equdpment, and personnel engaged in operations covered by this Agreerent or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act, The Vendor 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 Vendor agrees to cooperate fully with the City in satisfying the Clty's duties and obligations under the Public Records Act. J. City Bu,hi Luce;nse R4 gujred. 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. COU ¢ aa.rEg, Slg i@ tlrr; j 5x 9L 1i:Y11. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as If the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 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. .,... /// _... . VENDOR CITY OF KENT � r 4 j By'YO Print Name V(2 � _ 7 ,tic( Print Name: Michael Mactutis, P.E. Its - C Gi.twK (IYc (�',r�}ty�, Nr-fug Its: Environmental Engineering Manager DATE: --I .-4. .�. ra-�- d7 ._._. DATE. 7— L61 1 __._.. ......_ _. __ __...__f.._____ _! _ .............. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jack Bradbury Timothy J. LaPorte, P.E. All Battery Sales and Service, Inc. City of Kent 727 134`r' St. SW 220 Fourth Avenue South Everett, WA 98204 Kent, WA 98032 (425) 743-7677 (telephone) (253) 856-5500 (telephone) (425) 742-1739 (facsimile) (253) 856-6500 (facsimile) ----- __....,_._. _ _ ....,,_..�..._,...... . A'fTE I: t Kent .its Clerk nn omiery sues e szry-i>ew=imp evenos si000noi GOODS & SERVICES AGREEMENT - 6 (.$20,000 or Less, inducting WSsT) 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 regquuiireemer7ts-referenced above. For: ,' T)r.\_?..7 o Title. Date: _ .Ll ._ J.� 4{ ..... _.�..... EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 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 of 3 EXHIBIT A ,. Battery Recycling Scope of Work for Kent Recycling Events 2019 All Battery Sales and Service will provide battery recycling for municipal recycling events including the following: • 1 trained staff member • 1transportvan • All collection buckets, bins, pallets, containment kit, eyewash station, first aid and fire extinguisher. Recycle event charges are as follows: • Staff/truck (LSE)=$200.00 for day • Alkaline battery recycling =$0.50/lb • Automotive cores are credited @ $0.11per pound Scope of work includes setting up a collection station for batteries that includes a covered canopy area with eyewash station. Staff member is trained to greet the public professionally and with courtesy, collect batteries and sort as time permits on .site. Site to he left as staff found it. The amount of recycling, including staff, for all 3 events will not exceed $3,500.00 total. 727 134" Street SW Everett, Washington 98204 M 125 743 7677 FAX: 425 742 1739 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: I. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liatrillty insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85� The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liabiiity insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ' Am CERTIFICATE OF LIABILITY INSURANCE °"1C30/2018 SPX __. 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: 1P the certificate holder is an ADDITIIONAL.INSURED, YNa palipy({as)must he and©read. If SUd3ROGATPCSN 18 WAIgrED, suhafact 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 ondorsonrant(is PRODUCER TUN—TA Parker,Smith&Feek, Inc. NAMhPHONE — - _..... -- ------ INC,Ne kx11 425 709 3600 ,. 4 J Ax 425 709 7460 2233 112(h Avenue NE E-MhII. -- YN4,t+J' ..... Bellevue,WA 98004 ,na¢rtcss _ .. ,. UN URER{S,AFFORmNGCOVEra Gd NA+c9 INsuar R.a Travelers lndenI Co.of America INSURED INSURERS Travelers Prop Casually Co o(Amer All Battery Sales and Service _.,. ......__. .. .. ,_.. 727 1341h Street SVV INSURER C 1111, Everett,WA 98204 _. . ....... _._....._,.... .,.. .-. _ INSURER D: INSURER E ,� INSURER F COVERAGES _ CERTIFICATE NUMBER: __ REVISION NUMBER: F _ THIS IS TU CERTIFY THAT THE POLICIES ( INSURANCE LISTED BELOW HAVE BEEN XSSUED TO "FHB INSURED NAMED ABOVE FOR '[HE POLICY PERIOD INDICKFED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TC WHICH l"HIS CERTIFICATE MAY RE 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 .........--.- .._ ..APa6 SNelfr, ..... - etllfGY Ef6--. POIiCY E%Ir.... ...... Tit TYPE OF INSURANCE —.._ US trv1"t6L OOrICY N'UMnAaFfe ,{MhPl0lllYYVY4 LMMJbUIMYYY..mm LIMITS " G LAMAS MADE [�, ._.._. _..."....m.._.. ...... A GENERAL LIABILITY J 630OK737037TIAl8 1710112018 1V0112019 _F�+cH uccuRlaExur s t -Wt70p0 X COMMBRunI UDNIRAL LAsUrY X OAMAPI to RSd'Vt'b 300000 -" y 'PRC MISCS fI anrralmncpf L. -. 1 OCCUR rgrh EAv ro d 10000 f R Ana Pn rnn f ... _......_ .d ERSDNALP.ADVINIURY 51,C00000 GENERAL ArSTpSAOF 5 2,000,000 CENT Arc REck FAPPLI Lec „PF+(>fJlu.t4-COMWOPAGe 528700,000 _- VI :te5 nER: , NIDLIpY roR{D 5 AUTOMOBILE LIABILITY 81001.60604,a TILLS q,ryrnulNtD NU``Ek K.IIApt"� 00000 H 11/0112018 11101/2019 _tN`"B ncrl Iy II y f tM0P,000 X t NY 1UT0 X BODILY IN IIIRF IP fOr ) t - 11L tYWNED R-- HEDULE❑ - fUTc; TO ooUILI IIIJUItY( r S N OVINED - -- HI EEC AIfTO TO: "I a2OP P Rf o'pSAIJ�ALE I JOYn rib!"E NII(EM$ _AUr+ CA r ICi12FNCC S UMBRELLA UAB WORKERS COMPENSATION EXCESS LIAB B .AND eMPL ERS LIgBILIry accua r T6�10(Fl�606045TILI811/I)112018 11/ a0 G.LIYtI-" X rkwr- - --- 'AIMS"rvnnul: A STOP GAP 0112019 N1 LS�v au 0 L RAad I ACCIDF UT 5 1000000 NiqN!ANryE ln1,IAa1 n!n¢edNPhi)xs;(: 5 1,000000 wntler' __... ......._1E PouITv LOW .1,00CG_B 0 I tr{.RIYTfj]N I ON["reATIV?N,':mgYlrm ❑ESC RI RTIO N OF O PERATION S I LOCA TION Sr VEHICLES (Aa ch ACORD 101,Add Mortal Remarks Schedule lr The City of Kent is an additional insured and coverage Is primary non-contdbulory on the general�liabllily and automobile policies per attached end OFStments/forms and those to be Issued by the Carner,. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ergineenng Administration THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH ID-M POLICY PROVISIONS, Attn,Nancy Yoshitake _ 220 Fourth Avenue South AIITHORIZEO REPRESENTATIVE Kent,WA 98032 ,�;,.r�`F, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD i M'Ifl SP^IPl All.Yrd l"` rCRnrn TR'"ELERS Jw POLICYNUMBER: Y-G30-OK737037-TIA-18 EFFECTIVE DATE: 11 -Ot-18 ISSUE DATE: it -20-18 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS . IL TO 02 11 89 COMMON POLICY DECLARATIONS IL T8 01 10 93 FORMS. ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 19 08 10 COMMON POLICY CONDITIONS WA-DELUXE IL TO 03 04 96 LOCATION SCHEDULE IL T3 02 07 86 CALCULATION OF PREMIUM-COMPOSITE RATE(S) IL F1 18 10 13 AMENDMENT OF NAMED INSURED - WASHINGTON IL T3 20 09 97 EARLIER NOT CANCEL/NONRENEWAL PROV BY US DELUXE PROPERTY DX TO 00 1.1 12 DELUXE PROP COV PART DECLARATIONS DX 00 04 11 12 TABLE OF CONTENTS - DELUXE PROP COV PART DX T1 00 11 12 DELUXE PROPERTY COVERAGE FORM DX T1 01 11 12 DELUXE BI (AND EE ) COVERAGE FORM DX T3 19 11 12 CAUSES OF LOSS-EQUIPMENT BREAKDOWN DX T3 39 11 12 DELUXE ORDINANCE OR LAW COVERAGE OX T3 59 03 98 SELLING PRICE - STOCK HELD FOR SALE DX T3 79 11 12 LOSS PAYABLE PROVISIONS OX T3 83 03 98 JOINT OR DISPUTED LOSS AGREEMENT DX T3 85 11 12 UTILITY SERVICES-DIRECT DAMAGE DX T3 86 11 12 UTILITY SERVICES-TIME ELEMENT DX T4 02 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DIS DX 01 26 12 13 WASHINGTON CHANGES DX 03 18 11 11 WASHING70N CHANGES - DOMESTIC ABUSE OX T3 98 04 02 ELECTRONIC VANDALISM LIMITATION ENDT am = COMMERCIAL GENERAL LIABILITY CG TO 01 11 03 COML GENERAL LIABILITY COV PART DEC -= CG 03 74 02 06 TOTAL AGGR LIMIT & DESIG LOC AGGR LIMIT CG TO 07 09 87 DECLARATIONS PREMIUM SCHEDULE CG TO 08 11 03 KEY TO DECLARATIONS PREMIUM SCHEDULE CG TO 34 11 03 TABLE OF CONTENTS CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COV FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION o� CG D3 21 01 04 TOTAL GENERAL AGGREGATE LIMITED PROJECTS CG D4 71 01 15 AMEND COVERAGE B - PERS & ADV INJURY CG D6 71 01 13 LIMIT OF COV FOR DESIG NI TO DESIG PREM CG DO 37 04 05 OTHER INSURANCE-ADDITIONAL INSUREDS CG D2 03 12 97 AMEND-NON CUMULATION OF EACH ❑CC CG D2 46 OB 05 BLANKET ADDITIONAL INSURED (CONTRACTORS) CG D4 13 04 08 AMENDMENT OF COVERAGE-COOLING-POLLUTION CG D4 58 07 13 XTEND ENO FOR COMMERCIAL INDUSTRIES CG D2 43 01 02 FUNGI OR BACTERIA EXCLUSION IL T8 01 10 93 RAGE : 1 OF 2 OIJB02 TRAVELERS � POLICY NUMBER: Y-630-OK737037-TIA-1 8 EFFECTIVE DATE: 11 -01 -18 ISSUE DATE: 11 -20-1 8 COMMERCIAL GENERAL LIABILITY (CONTINUED) CG D2 56 11 03 AMENDMENT OF COVERAGE CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 05 14 MOBILE EQUIP REDEFINED-EXCL ❑F VEHICLES CG D4 21 07 08 AMEND CONTRAC LIAR EXCL-EXC TO NAMED INS CG D6 16 10 11 EXCL-VIOLATION OF CONSUMER FIN PROT LAWS CG D7 46 01 15 EXCL-ACCESS OR DISCL CF CONF/PERS INFO CG DO 76 06 93 EXCLUSION-LEAD CG. D1 42 01 99 EXCLUSION-DISCRIMINATION CG D2 04 06 01 EXCL-EXTERIOR INSULATION & FINISH SYSTEM CG D2 40 06 01 EXCLUSION - SILICA CG 02 42 01 02 EXCLUSION WAR CG F2 45 07 02 EXCLUSION - WAR - WASHINGTON CG T3 23 08 i1 EXCL - AIRCRAFT PROD AND GROUNDING CG T4 78 02 90 EXCLUSION-ASBESTOS CG F2 58 01 08 WA CHANGES CG F2 66 11 03 WA CHANGES EMPLOY RELATED PRACTICES EXCL EMPLOYEE BENEFITS LIABILITY CG TO 09 09 93 EMPLOYEE BENEFITS LIAB COV PART DEC CG TO 43 01 16 EMPLOYEE BENEFITS LIAB TABLE OF CONTENTS CG T1 01 01 16 EMPLOYEE BENEFITS LIABILITY COV FORM INTERLINE ENDORSEMENTS IL T3 68 01 15 FEDERAL TERRORISM RISK INS ACT DISCLOSE IL T4 12 03 15 AMNDT COMMON POLICY CONO-PROHIBITED COVG IL T4 14 01 15 CAP ON LOSSES CERTIFIED ACT OF TERRORISM IL 01 23 11 13 WASHINGTON CHANGES - DEFENSE COSTS IL 01 42 09 08 OREGON CHANGES-DOMESTIC PARTNERSHIP IL 01 98 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION IL T9 57 12 17 OR CHANGES IL T9 80 10 94 WA CHANGES-ACTUAL CASH VALUE IL T9 82 11 12 WA CHANGES-EXCLUDED CAUSES OF LOSS IL TS 01 10 93 PAGE : 2 OF 2 POLICY NUMBER: 810-OL60 604 5-18-14-G EFFECTIVE DATE: 11/01/2018 ISSUE DATE: 11/27/2018 LISTING OF FORMS, ENDORSEMENTS AIM SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS IL TO 02 11 89 COMMON POLICY DECLARATIONS IL T8 Ol 01 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS IL TO 05 06 10 COMMON POLICY CONDITIONS - WASHINGTON IL F1 18 10 13 AMENDMENT OF NAMED INSURED - WASHINGTON IL T3 02 07 86 CALCULATION OF PREMIUM - COMPOSITE RATES IL T8 25 CALCULATION OF PREMIUM - COMPOSITE RATES COMMERCIAL AUTO CA TO 01 02 15 BA- COVERAGE PART DECS (ITEMS 1 & 2) CA TO 03 02 15 BUS AUTO COV PART DECLARATIONS-4&5 CA TO 30 02 16 BUSINESS AUTO/MC COV PART-UM SUPPL SCHD CA TO 31 02 15 TABLE OF CONTENTS-BUSINESS AUTO COV FORM CA 00 01 10 13 BUSINESS AUTO COVERAGE FORM CA 01 18 11 13 IDAHO CHANGES CA 01 35 10 13 WASHINGTON CHNG CA 01 49 10 13 OREGON CHANGES CA 21 05 01 16 OREGON UNINSURED MOTORISTS COVERAGE - BODILY INJURY CA 21 34 10 13 WASHINGTON UNDERINSURED MOTORISTS COVERAGE CA 31 15 10 13 IDAHO UNINSURED MOTORISTS COVERAGE CA 99 03 10 13 AUTO MEDICAL PAYMENTS COVERAGE ^� CA T4 52 02 16 SHORT TERM HIRED AUTO - ADDITIONAL INSURED AND LOSS PAYEE CA T4 59 02 15 AMENDMENT OF EMPLOYEE DEFINITION o� CA T4 74 02 16 BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE ^ CA T3 53 02 15 BUSINESS AUTO EXTENSION ENDORSEMENT o CA T4 37 02 16 BLANKET ADDITIONAL INSURED CA 31 18 10 13 IDAHO UNDERINSURBD MOTORISTS COVERAGE w� INTERLINE ENDORSEMENTS IL T4 12 03 15 AMNOT COMMON POLICY COND-PROHIBITED COVG IL 01 23 11 13 WASHINGTON CHANGES - DEFENSE COSTS ,ate IL 01 42 09 08 OREGON CHANGES - DOMESTIC PARTNERSHIP IL 01 98 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) c IL 02 04 09 08 IDAHO CHANGES - CANCELLATION AND NONRENEWAL IL 02 79 09 08 OREGON CHANGES - CANCELLATION AND HONREHEWAL 017767 IL T8 01 01 01 PAGE; 1 OF 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS1 EXTENSION a T This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by anolher endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is. and is not covered, A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE — INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE — INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE —GLASS W UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1„ Who Is person or organization qualities as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section It. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO Ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE. Coverage under this prevision is afforded only un- An "employee" Of yours Is an 'Insured" while If the 180th day after you acquire or form the or- operating an "auto" hired of rented under a ganization or the end of the policy period, which- contract or agreement in in "employee's" ever is earlier. name, wilh your permission, while performing duties related to the conduct of your husi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in 8.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under In. For Hired Auto Physical Damage Cover. a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own. executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" Occurs and that is in effect rent or borrow: and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured Is an "insured" for Covered Autos your "employee" under a contract In Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 J2015 The Travelers Indemnify Company.Ar rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission, COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United Slates of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "In- c, EMPLOYEES AS INSURED surfed" against, and investigate or set- The following is added to Paragraph AA.. Who Is tle any such claim or "suit" and keep An Insured, of SECTION II - COVERED AUTOS us advised of all proceedings and ac- LIABILITY COVERAGE lions. Any "employee" of yours is an 'insured" vahile us- (ii) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS - INCREASED (iii) We may, at our discrelion, participate LIMITS in defeeding the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II - COVERED AUTOS LIABIL- ITY COVERAGE: (iv) We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "Ifottily eluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the )n- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II - COVERED AUTOS LIABIL- SECTION II - COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE, (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss Of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F, HIRED AUTO - LIMITED WORLDWIDE COV- of the "insured" against any such ERAGE- INDEMNITY BASIS "suit", but only up to and included J.= within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION If - COVERED .AUTOS of SECTION IV - BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS. addition to such limit_ Our duty to — (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulalion unposed by the Insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country of jurisdiction, for Cov- and collectible other insurance avallable eyed Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis, without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is net an "auto" you lease, hire, rent quired or compulsory insurance in any — or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members litanies and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 02015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted materiel of Insurance Services Office, Inc,with its permission, mxs2 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto", compulsory insurance in any such coon- This coverage applies only In the event of a total try up to the minimum limits required by theft of your covered "auto"_ local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not Invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph 13.1, Exclu- had you cnmplied with the Compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE. (d) It is understood that we are not an admit- Exclusion 3,a, does not apply to "loss" to one or led of authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions. Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ado, We assume no responsibility for the only: furnishing of certificates of insurance. or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws henslve Coverage Linder this policy, of other Salinities relating to insurance b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE— GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE, one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The fallowing is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE— INCREASED LIMIT Your duly to give us or our authorized representa- The following replaces the last sentence of Para- five prompt notice of the "accident" or "loss" ap- graph A.4.11o., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE; to, However, the most we will pay for any expenses (a) You (If you are an Individual); for loss of use is $65 per day, to a maximum of (b) A partner(If you are a partnership); $750 for any one "accident", (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION parry); EXPENSES —INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE, lice of the "accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION 51,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS, The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE. We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident"or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ''j 2015 The Travelers Indemnity Company.All rights reserded. Page 3 of 4 Includes copyrighted material of Insurance Services Offee,Inc,with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional ornission cf. or unintentional person or organization de Signaled in such error in, any information given b contract. y you shall not N. UNINTENTIONAL ERRORS OR OMISSIONS prejudice your rights under this insurance. How- cver this prnvisiun daes not affect our right to col- The following is added to Paragraph B.2., Con- lecl additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewap. SECTION IV— BUSINESS AUTO CONDITIONS: a Page 4 of 4 O 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material or Insurance Services Office.Inc,with Its permission_ oresl COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENTXTEND FOR COMMERCIAL INDUSTRIES This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endnrsemenl broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Pad, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. Broadened Named Insured J. Bodily Injury To Co-Employees And Co-Volunteer B. Blanket Additional Insured- Broad Fonn Vendors Workers C. Damage To Premises Rented To You K. Aircraft Chartered With Crew Perils of fire, explosion, lightning, smoke. L. Non-Owned Watercraft - Increased From 25 Feet water To 50 Feel Limit increased to $300,000 M. Increased Supplementary Payments D. Blanket Waiver Of Subrogation Cost of bail bonds increased to $2.500 E. Blanket Additional Insured - Owners, Managers Loss of earnings increased to $500 per day Or Lessors Of Premises F. Blanket Additional Insured - Lessors Of Leased N. Medical Payments - Increased Limit Equipment O. Knowledge And Notice Of Occurrence Or Offense ® G. Ineidenlal Medical Malpractice P. Unintentional Omission H. Personal Injury-Assumed By Contract Q. Reasonable Force - Bodily Injury Or Property ® 1. Amended Bodily Injury Definition Damage PROVISIONS B. BLANKET ADDITIONAL INSURED - BROAD A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION 11 -WHO The following is added to SECTION II - WHO IS IS AN INSURED', AN INSURED: = Any organization, other than a partnership of Any person or organization that is a vendor and _ joint venture, over which you maintain owner- that you have agreed in a written contract or ship or majority interest on the effective date agreement to include as an additional insured on of the policy qualifies as a Named Insured. this Coverage Pad is an insured, but only with li However, coverage for any such organization spect to liability for "bodily injury" or "property will cease as of the date during the policy pe- damage" IhaU riod that you no longer maintain ownership of, or majority interest in, such organization. a. Is caused by an "occurrence" that takes place ® after you have signed and executed that con- - 2. The following replaces Paragraph 4.a. of tract or agreement, and SECTION II-WHO IS AN INSURED: b. Arises out of ''your products" which are dis- a. Coverage under this provision is afforded dbu[ed or sold in the regular course of such only until the 180th day after you acquire— or form the organization or the end of the vendor's business, policy period, whichever is earlier, unless The insurance provided to such vendor is subject reported in writing to us within 180 days. to the following previsions: CG D4 58 07 13 G 2013 The Travelers Indemnity company.All rights reserved, Pagel of'f Includes copyrighted material of Insurance Services Office,Inc,with Its permission, r 13245 COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- JURY AND PROPERTY DAMAGE LIABIL- dor will be the limits which you agreed to pro- ITY- vide in the written Contract or agreement, or Exclusions c. through n. do not apply to dam- the limits shown in fhe Declarations of this age to premises while rented to you, or tern- Coverage Part, whichever are less, pomrily occupied by you with permission of b. The insurance provided to such vendor does the owner, caused by: not apply to: a. Fire, (1) "Bodily injury" or "property damage'' for In. Explosion; which the vendor is obligated to pay damages by reason of the assumption of c, Lightning, liability in a contract or agreement. This d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or damages that the vendor would have in e. Water. the absence of the contract er agreemenl; A separate limit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described in Para- you, graph 6. of Section III— Limits Of Insurance. (3) Any physical or chemical change in "your This insurance does not apply to damage to products' made intentionally by such premises while rented to you, or temporarily vendor, occupied by you with permission of the (4) Repackaging, unless unpacked solely for owner, caused by: the purpose of inspection, demonstration, a. Rupture, bursting, or operation of pres- testing, or the substitution of parts under sure relief devices, Instructions from the manufacturer, and then repackaged in the original container, b. Rupture or bursting due to expansion or (5) Any failure to make such inspections, ad- swelling of the contents of any building or justments, tests or servicing as vendors structure, caused by or resulting from wa- agree to perform or normally undertake to ter, perform in the regular course of business, c. Explosion of steam boilers, steam pipes, in connection with the distribution or sale steam engines, or steam turbines. of "your products", 2. The following replaces Paragraph 6. of SEC- (6) Demonstration, installation, servicing or TION III —LIMITS OF INSURANCE: repair operations, except such operations Subject to 5. above, the Damage To Poem- performed at such vendor's premises in ices Rented To You Limit is the most we will connection with the sale of ''your prod- pay under Coverage A for damages because ucls"; or of "property damage" to any one premises (7) "Your products" which, after distribution or while rented to you, or temporarily occupied sale by you, have been labeled or rela- by you with permission of the owner, caused beled or used as a container, part or in- by fire; explosion, lightning smoke resulting gredient of any other thing or substance from such fire, explosion, or lightning; or wa- by or for such vendor. for. The Damage To Premises Rented To Coverage under[his provision does not apply to: You Limit will apply to all damage proximately a. Any person or organization from whom you caused by the same "occurrence", whether have acquired "your products", or any Ingre- such damage results from fire; explosion, dient, part or container entering into, accdm- lightning; smoke resulting from such fire, ex- panying or containing such products, or plosion, or lightning; water, or any combina- b. Any vendor for which coverage as an addi- tion of any of these. hcnal insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of. C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000, or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Fart for Damage To Prern- COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 12013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance services Office,Inc, with Its permission, COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph a. of the a. Is "bodily injury" or"property damage" caused definition of "insured contract" In the DEFINI- by an "occurrence' that takes place, or "per- TIONS Section sonal injury" or `advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree- lease of premises that indemnifies any meat; and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you the owner, caused by: The Insurance provided to such premises awner, (1) Fire; manager or lessor is subject to the following pro- Visions: (2) Explosion; a. The limits of insurance provided to such (3) Lightning; premises owner, manager or lessor will be (4) Smoke resulting horn such fire, ex- the limits which you agreed to provide in the plosion, or lightning; or written contract or agreement, or the limits (5) Water. shown on the Declarations of this Coverage Part, whichever are less. is not an "insured contract", b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to of SECTION IV — COMMERCIAL GENERAL (1) "Bodily injury" or "properly damage" LIABILITY CONDITIONS: caused by an "occurrence" that takes (b) That is insurance for premises rented to place, or "personal injury" or "advertising you, or temporarily occupied by you with injury" caused by an offense that is cum- the permission of the owner, miffed, after you cease to be a tenant in D. BLANKET WAIVER OF SUBROGATION that premises; or The fallowing is added to Paragraph S., Transfer (2) Structural alterations, new construction or demolition operations performed by or on Of Rights Of Recovery Against Others To Us, behalf of such premises owner, manager _ of SECTION IV — COMMERCIAL GENERAL IJ Or lessor. ABILITY CONDITIONS: c. The Insurance provided to such premises We waive any right of recovery we may have owner, manager or lessor is excess over any against any person or organization because of valid and collectible other insurance available payments we make for injury or damage arising 10 such premises owner, manager of lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work or F. BLANKET ADDITIONAL INSURED — LESSORS Your products'. We waive this right where you OF LEASED EQUIPMENT have agreed to do so as part of a written contract, The following is added to SECTION II — WHO Is executed by yen prior to loss. ANINSURED: E. BLANKET ADDITIONAL INSURED — OWNERS, Any person or organization that is an equipment MANAGERS OR LESSORS OF PREMISES lessor and that you have agreed in a written con- The following is added to SECTION II — WHO IS tract or agreement to include as an additional in- AN INSURED: sured on this Coverage Part is an insured, but Any person or organization that is a premises only with respect to liability for "bodily injury', owner, manager or lessor and that you have "property damage", "personal injury" or "adverbs. agreed in a written contract or agreement to ing injury" that: name as an additional insured on this Coverage a. Is "bodily injury' or"property damage" caused Part is an insured, but only with respect to liability by an "Occurrence" that takes place, or "per- i y injury", "property damage", "personal sonal injury" that is njufl caused by for' bodil ut ur injury" or injury" that: after you have CG D4 53 D7 13 n 2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 7 Includes copyrighted rnaterml er Insurance services Office,Inc with its penmsslon, orazai COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- 3. The following is added to Paragraph 2.a.(1)of menu, and SECTION II —V0W IS AN INSUR'ED', b. Is caused, in whole or In part, by your acts or Unless you are in the business or occupation omissions in the maintenance, operation or of providing professional health tale services, use by you of equipment leased to you by Paragraphs (1)(a), (b), (c) and (d) above do such equipment lessor. not apply to any "bodily injury" arising out of The insurance provided to such egrripmenl lessor any providing or failing to provide "incidental is subject to the following provisions: medical services"by any of your 'employees;", +athe,r khan an or galoyed doctor. Any such a. The limits of insurance provided to such "ersPi os" providing or failing, to provide equipment lessor will be the limits which you "incidental medical services' during their work agreed to provide in the written contract or hours for you will be deorned to be acting agreement, or the limits shown on the Decla- within the scope of their employment by you rations of this Coverage Part, whichever are or performing duties related to the conduct of less. your business. b. The insurance provided to such equipment 4. The following exclusion is added to Para- lessor does not apply to any "bodily injury" Of graph 2., Exclusions, of SECTION I — COV- "properly damage" caused by an "occurrence" ERAGES — COVERAGE A BODILY INJURY that takes place, or "personal injury" or "ad_ AND PROPERTY DAMAGE LIABILITY: venising injury" caused by an offense that is Sale Of Pharmaceuticals committed, after the equipment lease expires. "Bodily injury" or "property damage" arising c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmaceuti- other insurance available to such equipment call committed by, or with the knowledge or lessor, unless you have agreed in a written consent of, the insured_ contract for this insurance to apply on a pri- 5. The following is added to Paragraph 5. of Mary or contributory basis. SECTION III — LIMITS OF INSURANCE: G. INCIDENTAL MEDICAL MALPRACTICE For the purposes of determining the applica- 1. The fallowing is added to the definition of "co- ble Each Occurrence Limit, all related acts or currence" in the DEFINITIONS Section: omissions committed in the providing or fail- ng to provide "incidental medical services" Io Unless you are in the business or occupation any one person will be considered one `cc- of providing professional health care services, currence". "occurrence" also means an act or omission 6. The following is added to Paragraph 4.b., Ex- committed in providing or failing to provide cess Insurance, of SECTION IV — COW "Incidental medical services"to a person. MERCIAL GENERAL LIABILITY CONDI- 2. The following is added to the DEFINITIONS TIONS: Section: This insurance is excess over any valid and "Incidental medical services" means: collectible other insurance, whether primary, excess, contingent or on any other basis, that a. Medical, Si dental, laboratory, x-ray is available to any of your "employees" for or nursing service orireatment, advice or "bodily injury" that arises out of providing or instruction, or the related furnishing of falling to provide "incidental medical services" food or beverages, to any person to the extent not subject to b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION 11 — WHO IS medical, dental, or surgical supplies or AN INSURED. appliances, H. PERSONAL INJURY — ASSUMED BY CON- c. First aid; or TRACT d. "Good Samaritan services". 1. The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION I "Good Samaritan services" means any emer- — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received. ABILITY: Page 4 of 7 Q:12013 The Traveler,Indemnily Company All rights reserved. CG D4 56 07 13 Includes copyrighted material of Insurance Services Office Inc,with Its permission. COMMERCIAL GENERAL LIABILITY e, Contractual Liability the insured and the interests of the in- 'Personal injury" or "advertising injury" for demnitee; which the insured is obligated to pay 4, The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement, This contract" in the DEFINITIONS Section: exclusion does not apply to, f. That part of any other contract or agree- (1) Liability for darnages that the insured ment pertaining to your business (includ- would have in the absence of the ing an Indemnification of a municipality in contract or agreement; or connection with work performed for a 2 municipality) under which you assume the O Liability for damages because of tort liability of -l�nother par to personal injury" assumed in a con- for ''bodily injury," "property damage" or�I tracl or agreement that is an "insured sonar injury"to a third person or organiza- contract', provided that the 'personal tion. Tort liability means a liability that Injury" is caused by an offense corn- would be imposed by law in the absence mitted subsequent to the execution of of any contract or agreement the contract or agreement Solely for I AMENDED BODILY INJURY DEFINITION the purposes of liability assurned in an "insured contract", reasonable at- The following replants the definition of "bodily in- torneys fees and necessary litigalion jury" in the DEFINITIONS Section: expenses incurred by or for a party "Bodily injury" means bodily injury, nrental an- other than an insured will be deemed gulsh, mental irlyury, shook, flight, dis'abillty, hu- te be damages because of "personal I'nitiahrrn, sickness or disease sustained by do per- injury", provided that: s'on, including death resulting from any of those it (a) Liability to such party fur, or for any time. the cost of, that party's defense J. BODILY INJURY TO CO-EMPLOYEES AND has also been assumed in the CO-VOLUNTEER WORKERS same "insured contract'; and The following is added to Paragraph 2.a.(1) of (b) Such attorney fees and litigation SECTION If-WHO IS AN INSURED: expenses are for defense of that Paragraph (1)(a) above does not apply to 'bodily party against a civil ur alternative injury" to a cn."efnployee" in the course of the co- dispute resolution proceeding in "empl yr9e's" employment by you or performing which damages 10 which this In- duties n7lated to N11e o rrduoC of your krustrreti5, or surance applies are alleged. to ''bodily injury" to your other 'volunh un'workers" 2. The following replaces the third sentence of while performing duties related to the conduct of ® Paragraph 2. of SUPPLEMENTARY PAY- your business, MENTS-COVERAGES A AND B: K. AIRCRAFT CHARTERED WITH CREW Notwithstanding the provisions of Paragraph The following is added to Exclusion g., Aircraft, 2.b.(2) of Section I - Coverage A - Bodily In- Auto Or Watercraft, to Paragraphs 2.of SECTION u y And Property Damage Liatsilley or Para- I - COVERAGES -- COVERAGE A BODILY IN- graph 2,e. of Section I - Coverage B - Per- JURY AND PROPERTY DAMAGE LIABILITY: sonal and Advertising Injury Liability, such This exclusion does not apply to an aircraft that payments will not be deerned to be damages is: becaosm of "bodily injury`, ,piropelity damage, (a) Chartered with crew to any insured; or "personal injury", and will not reduce the (b) Not owned by any insured; and limits of insurance. (c) Not being used to carry any person or prop- - 3, The following replaces Paragraph 2.d. of erty for a charge. SUPPLEMENTARY PAYMENTS - COVER- L. NON-OWNED WATERCRAFT a= AGES A AND B: _ d, The allegations in the "suit" and the in- 1. The following replaces Paragraph (2) of Ex- formation we know about the "occur- clusion g„ Aircraft, Auto Or Watercraft, In rence" or offense are such that no conflict Paragraph 2. of SECTION I -COVERAGES appears to exist between the interests of - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: CG D4 58 07 13 Q 2013 The Travelers Indemnity Company_All rights reserved. Page 5 of 7 Includes copyrighted malenal of Insurance services Office, Inc,with its permission. oiaana COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own Thal is: e. The following provisions apply to Paragraph (a) Fifty feet long or less; and a. above, but only for the purposes of the in- (b) Not being used to car an surance provided under this Coverage Part to O g carry y person or property for a charge, You or any insured listed in Paragraph 1. or 2. 2. The following is added to Paragraph 2. of of Section II —Who Is An Insured: SECTION II—WHO IS AN INSURED: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- Any person or organization that, with your ex- press or implied consent, either uses or is re- ble only after the "occurrence" or offense s known to you (if you are an individual), spensible for the use of a watercraft that you any of your partners or members who is do not own that is: an individual (if you are a partnership or (1) Fifty feet long or less, and joint venture), any of your managers who (2) Not being used to carry any person or is an individual (if you are a limited liability property for a charge. company), any of your trustees who is an M. INCREASED SUPPLEMENTARY PAYMENTS individual (if you are a trust), any of your "executive officers" or directors (if you are 1. The following replaces Paragraph 1.b. of an organization other than a partnership, SUPPLEMENTARY PAYMENTS — COVER- joint venture, limited liability company or AGES A AND B of SECTION I — COVER- trust) or any "employee" authorized by AGES: you to give notice of an "occurrence" or b. Up to $2,500 for cost of bail bonds re- offense. quired because of accidents or traffic law violations arising out of the use of any (2) If you area partnership, joint venture, e of vehicle to which the Beaily Injury Liability ted liability company or trust, and none of Coverage applies, We do not have to fur- your partners, joint venture members, nish these bonds. managers or trustees are individuals, no- tice to us of such "occurrence" or offense 2. The following replaces Paragraph 1 A. of must be given as soon as practicable only SUPPLEMENTARY PAYMENTS — COVER- after the "occurrence" or offense is known AGES A AND B of SECTION I — COVER- by. AGES: (a) Any individual who is: all. All reasonable expenses incurred by the insured at our request to assist us in the (I) A partner or member of any part- Invesligation or defense of the claim or nership or joint venture, "suit", including actual loss of earnings up (h) A manager of any limited liability to $500 a day because of time off from company, work_ (iii)A trustee of any trust; or N. MEDICAL PAYMENTS—INCREASED LIMIT replaces Paragraph 7. of SECTION (iv) An executive officer or director of The following P 9 P any other organization; If—LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense that is your partner, joint venture f p member, manager or trustee; or Limit is the most we will pay under Coverage C. for all medical expenses because of "bod- (b) Any "employee" authorized by such ily injury" sustained by any one person, and partnership, joint venture, limited If- will be the higher of: ability company, trust or other organi- (a) $10,000; or zation to give notice of an "occur- rence" or offense. (b) The amount shown on the Declarations of this Coverage Part for Medical Expense (3) Notice to its of such "occurrence" or of- Limit. fense will be deemed to be given as soon as practicable if it is given in good faith as O. KNOWLEDGE AND NOTICE OF OCCUR- soon as practicable to your workers' RENCE OR OFFENSE compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prac- Suit, of SECTION IV — COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: in Paragraphs e.(1) or (2) above discov- Page B of 7 0'013 The Travelers Indemnity company_All rights reserved. CG D4 5$ 07 13 Includes copyrighted material of Insurance Services Office, Inc.with its permission, COMMERCIAL GENERAL LIABILITY ers that the "occurrence" or offense may your rights under this insurance. However, this result in Burns to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply, lation or nonronewal in accordance with applice- However, if this policy includes an endorse- ble insurance laws or regulations, ment that provides limited coverage for 'bod- ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or escape of "pollutants" which contains a re- The fallowing replaces Exclusion a., Expected Or quirement that the discharge, release or es- Intended Injury, in Paragraph 2. of SECTION I — cape of "pollutants" must be reported to us COVERAGES — COVERAGE A BODILY IN- within a specific number of days after its JURY AND PROPERTY DAMAGE LIABILITY: abrupt commencement, this Paragraph e, does not affect that fequirement, a. Expected or Intended Injury or Damage P. UNINTENTIONAL OMISSION "Bodily injury" or "property damage" expected The following is added to Paragraph 6., Repre- or intended from the standpoint of the in- sentations, of SECTION IV — COMMERCIAL cured, This exclusion does not apply to :'Lod- GENERAL LIABILITY CONDITIONS: ty injury" or "property damage" resulting from The unintentional omission of, or unintentional er- the use of reasonable force to protect any per in, any information provided by you which we person or property. relied upon in issuing this policy will not prejudice CG D4 58 07 13 `0 2013 The Travelers Indemnity company.All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Circe, Inc. with its permission. C13249 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b, The"personal injury"or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (SeoGGn IV), Paragraph 4. (Other Insurance), is fense committed amondrd as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written ogre saes that the insurance pro- surence available to you is deleted. valed to an additional insured under this 3, The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non•contribulory basis, this Incur- Subpamgraph(I I: ance is primary to other Insurance that is avail- That is available to the Insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy,including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs: and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All fights reserved. Page 1 of I