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CAG2019-424 - Original - KPG, P.S. - Naden Avenue Central Park Concept Design - 09/18/2019
4 Agreement Routing Form KEN T For Approvals,Signatures and Records Management Direc r ini s WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Ma ger initia Originator: Lynn Osborn for Terry Jungman Department. Parks Date Sent. 9/16/19 Date Required: Soonest possible please a > Authorized Director Date of o n/a a to Sign: Council aMayor Approval: Budget P00005 Grant? Yes No Account Number: Type: N/A Vendor Category: Contract Name: KPG, P.S. c Vendor 1164686 Sub-Category o Number: Project E Name: Naden Avenue Central Park Concept Design 1.o C� Project Details: conceptual design for Naden Ave and chain of downtown parks d Agreement Basis for 9 $9,895.0o Negotiation Direct Ne 411 Amount: Selection of 9 Contractor: a Start Date: 9/11/19 Termination Date: 10/15/19 Notice required prior to El Yes W] No Contract Number: disclosure? Date Received by City Attorney: Comments: c 3 0 cc N L 3 A a Date Routed to the Mayor's Office: in d Date Routed to the City Clerk's Office: d Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT V1SHIn OT pn CONSULTANT SERVICES AGREEMENT between the City of Kent and KPG, P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPG organized under the laws of the State of Washington, located and doing business at 3131 Elliott Avenue, Suite 400, Seattle, WA 98121 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, consultant shall provide a conceptual design for Central Park at Naden Avenue and the chain of parks that connect ShoWare Center to Willis Street for exhibit purposes during further property development discussions. This design effort will support thematic urban design and elements from the 4th & Willis Roundabout Conceptual Design and the Meeker Street Corridor Master Plan. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by 10/15/2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $9,895.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit a single or monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 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. CONSULTA T: CITY OF KENT: By: f By. _ ,_gna ure) (si ure) Print Name: fl t Zrt ILS 0\,j Print Name: er ungman Its; GN„ Its: P s Planning & Dev. Manager (t tle DATE: 09 / DATE: Imo!°► NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Liz Gibson Terry Jungman KPG City of Kent 3131 Elliott Ave. Ste 400 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 206-286-1640 (telephone) (253) 856-5112 (telephone) liz@kpg.com tun man@kentwa. o ATT T: Kent Cit Clerk 4 P:\Planning\Naden Ave properties\KPG Conceptual Design-CONTRACT CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: 5 Title: Date: f 1 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A City of Kent Parks, Recreation and Community Services Kent Central Park Exhibit A—Scope of Work August 28, 2019 Proiect Description The City of Kent Parks, Recreation, &Community Services Department would like to proceed with a design concept for the City owned north half of the Naden property, for use as an exhibit for City Staff to aid discussions concerning the future development of the property. This would include concept illustrations/perspectives and plan for the Naden Property, and a schematic plan to show relationships and opportunities for proposed use(s) along the connecting corridor of City park properties, from the 4" and Willis Roundabout project site to the ShoWare Center. Concepts will support thematic urban design and elements included into the 4th and Willis Roundabout Conceptual Design report,June 13th 2019, and the Meeker Street Corridor Master Plan,January 2017. Proiect Background The goal of this project is to Explore opportunities for a transformational downtown park typical of livable urban centers. Woven among the historical district, Kent Station,the ShoWare Center,the Sound Transit Station,Town Square Plaza, and the new Platform and Dwell apartment communities are a number of parks that were created to serve a small town, and, later suburban Kent. As Kent continues to evolve into an urban center, it is important to transform the downtown parks to serve today's community. Creating quality Top Tier parks(Central Park, Uplands, KMP) in the Downtown region are key components of that transformation. In addition, Public Works, Planning, and the Parks Department are collaborating on a new vision for Meeker Street. This project has the potential of transforming Meeker Street into Kent's Main Street, a place people want to be. Meeker Street can also serve as an east-west bike/pedestrian connection between downtown and the Green River Trail. In conjunction with the Central Park, Uplands, Interurban, and Earthworks Improvements,this will increase Kent's downtown as an area attraction. ASSUMPTIONS October 15th 2019 • Scope of this work be completed by Septe bee~ 9th 2019 • Conceptual design and illustrations for the Naden property and corridor plan will use aerial backgrounds for base mapping. • Project deliverables will be PDF documentation. • At the end of the project, documents will be submitted to the City for records, in the format they were created in, i.e. InDesign, Word and Excel for cost estimates. PROVIDED BY KPG • One (1) conceptual plan for Naden Property • Up to two(2) perspective sketches/photo sims for Naden property Page 1 1 City of Kent Central Park KPG EXHIBIT A(Continued) City of Kent Parks, Recreation and Community Services Kent Central Park • One schematic plan for the corridor from Naden property to ShoWare Center PROVIDED BY THE CITY The City will provide or obtain the following items: o Pertinent GIS data if available o Real estate parcel data for Naden property o Site plan for hotel development in PDF format TASK 1- MANAGEMENT/ADMINISTRATION/COORDINATION Task 1 Objective: Management of project team throughout the duration of the project, coordination with project owner, coordination with project team, development of invoices. Consultant will attend up to (1) design meeting with City Staff for project review, discussion of alternatives and coordination, either in person or teleconferencing as necessary, as well as(1)site visit. Task 1 Work Elements: 1.01 Project Management 1.02 Monthly Progress Reports and Invoicing 1.03 Project coordination meeting(1) 1.04 Site visit(1) Task 1 Deliverables: • Monthly progress reports including invoices, emailed. • Meeting agendas and minutes,including summary of decisions made/needed resulting from design coordination meeting. Task 1 Assumptions: • The Consultant will provide timely and immediate notification of any work items or project developments constituting a change to the written scope of work and fee budget estimate and schedule. • The work of this task is estimated to be up to 1 month. • The coordination meeting will take place at KPG Seattle office or via conference call. TASK 2-CONCEPT DESIGN Task 2 Objective: Consultant shall provide conceptual design for the north half of the Naden Property stretching from Interurban Trail to the east edge of Naden Ave S, south of W Meeker St, and a schematic plan for the corridor stretching along the Interurban Trail from Willis Street to the ShoWare Center. Task 2 Work Elements: 2.01 Prepare high-level concept design for the north half of the Naden property,for City Staff. These will include up to two illustrative renderings and hand sketches to convey concepts. Page 12 City of Kent Central Park KPG EXHIBIT A(Continued) City of Kent Parks, Recreation and Community Services Kent Central Park 2.02 Prepare Schematic Plan to show relationships and opportunities for proposed use(s) along the connecting corridor of City park properties, from Willis Street to the ShoWare Center, including connections to the Meet Me on Meeker corridor, downtown Kent and Kent Station. Task 2 Deliverables: • Concept design and 2 sketch renderings • Schematic Plan Task 2 Assumptions: • Concepts will be conveyed through sketch images and plan view • Drawings and sketches will be provided in .pdf format and/or power-point format for meetings, if required. Other Services The City may require other services of the Consultant. These Services could include other work tasks not included in the scope of work. The scope of these services will be determined at the sole discretion of the City. At the time these services are required,the Consultant shall provide a detailed scope of work and estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. Page 13 City of Kent Central Park KPG . @ @ G $ @ / $ m k a 6 4 0 _ LL J 7 \ § § % 3 k \ 0 k a) & 3 & 4 co < LL CO k 2 s a m e m e60!Y09- / � m G E 1 ) / 0 Cl) a 5 - 3 - - \ Ln \ / j 2 § \ _ _ \ o m 4 C - / \ (Z / \ \ ƒ \ k ~ ~ ~ ~ C.4 6 � e o m i § d LL k Q M -- © ■ $ = o c _ / o E 0 .§ § a 0 % - \ > y \ 2 5 . 7 / 6 l / -0 cmj \ c Q- _ - « W k f \ & -c § G § \ / / 7 \ E - D g / m ■ % / \ / \ cm ¥ t o / 2 2 \ e 8 Z > 0- g CL \ / - o t 2 2 * e e £ \ $ * ) & & I Q 2 £ J 2 / \ i U / f \ k ) - m m lF IN E � - o e « % w 2 Q a � 0 w EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 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 Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 1487397 KPGPS TE ACORD-M CERTIFICATE OF LIABILITY INSURANCE D 9/12/ IDDIVYYY) /12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 any rights to the certificate holder in lieu of such endorsement(s). TACT PRODUCER NAME: Tracy Miyake USI Insurance Services NW PR PHONE 2O6"ll-6300 a/c,No: 610-362-8530 A/C,No Ext 601 Union Street,Suite 1000 E-MAIL ADDRESS: Seattle.PLCertReq uest usi.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemmity Co of America 25666 INSURED INSURER B:Charter Oak Fire Insurance Company 25615 KPG, P.S.fka KPG, Inc. INSURER C: _ 3131 Elliott Avenue,Suite 400 INSURER D: Seattle,WA 98121 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. ADDLIN SR TYPE OF INSURANCE NSIR WVD _POLICY NUMBER __. __A UB MMIDDYYYYY EFF MM/DDIYYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6809M677855 1/01/2019 01/01/2020 EACH��OEECCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISESOEaEt�rrrence $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 JECT� PRO- PRODUCTS-COMP/OP AGG $2,000,000 POLICY I "i PRO- LOC OTHER: $ B AUTOMOBILE LIABILITY X X BA9M680558 1/01/2019 01/01/2020 ED ecINIenS tINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ X X AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ __ $ A WORKERS COMPENSATION X 6809M677855 1/01/2019 01/01/2020 IITITI ER PTEAR X OTH- AND EMPLOYERS'LIABILITY - YIN ANY PROPRIETOR/PARTNER/EXECUTIVE (WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: KPG PN 19118 -City of Kent-Naden Park and Corridor Concept Plan. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured.The General Liability and Automobile Liability policies contain a special endorsement with Primary and Noncontributory (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Terry Jungman ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 26556461/M26555401 N PMZP DESCRIPTIONS (Continued from Page 1) wording,when required by written contract.The General Liability policy includes Separation of Insureds Provision. The General Liability and Automobile Liability policies include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. SAGITTA 25.3(2016/03) 2 of 2 #S265564611M26555401 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-19-47 OFFICE PAC ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 This endorsement modifies insurance provided under the following: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. (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 INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE. BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY', "PROPERTY DAMAGE",PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CG T8 01 01 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-19-47 OFFICE PAC ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 This endorsement modifies insurance provided under the following: CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCEOR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 01 19 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-19-47 OFFICE PAC ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 This endorsement modifies insurance provided under the following: OTHER INSURANCE -ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contractor agreement that the insurance afforded to anadditional insured under this Coverage Part must apply ona primary basis, or a primary and non-contributorybasis, this insurance is primary to other insurance thatis available to such additional insured which coverssuch additional insured as a named insured, and wewill not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for whichcoverage is sought is caused by an 'occurrence"that takes place; and (2) The "personal injury" or "advertising injury" forwhich coverage is sought arises out of an offensethat is committed; subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG T8 04 01 19 Page 1 of 1 Policy: 6809M677855 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, is caused by an "occurrence" that takes duties and what is and is not covered. place in the"coverage territory"; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the Declarations, occurs during the policy period;and and any other person or organization qualifying as a (3) Prior to the policy period, no insured Named Insured under this policy. The words "we", listed under Paragraph 1. of Section 11 — insu and "our" refer to the company providing this Who Is An Insured and no "employee" insurance. authorized by you to give or receive no- The word "insured"means any person or organization tice of an "occurrence" or claim, knew qualifying as such under Section II — Who Is An that the "bodily injury" or "property dam- Insured. age" had occurred, in whole or in part. If Other words and phrases that appear in quotation such a listed insured or authorized "em- marks have special meaning. Refer to Section V — ployee" knew, prior to the policy period, Definitions. that the "bodily injury" or "property dam- age" occurred, then any continuation, SECTION 1—COVERAGES change or resumption of such "bodily in- COVERAGE A BODILY INJURY AND PROPERTY jury"or"property damage"during or after DAMAGE LIABILITY the policy period will be deemed to have 1. Insuring Agreement been known prior to the policy period. a. We will pay those sums that the insured be- c. "Bodily injury" or "property damage" which comes legally obligated to pay as damages occurs during the policy period and was not, because of "bodily injury" or "property dam- prior to the policy period, known to have oc- age" to which this insurance applies. We will curred by any insured listed under Paragraph have the right and duty to defend the insured 1. of Section II — Who Is An Insured or any against any "suit" seeking those damages. "employee" authorized by you to give or re- However, we will have no duty to defend the ceive notice of an "occurrence" or claim, in- insured against any "suit" seeking damages cludes any continuation, change or resump- for "bodily injury" or "property damage" to tion of that "bodily injury" or "property which this insurance does not apply.We may, damage"after the end of the policy period. at our discretion, investigate any"occurrence" d. "Bodily injury" or "property damage" will be and settle any claim or "suit" that may result. deemed to have been known to have oc- But: curred at the earliest time when any insured (1) The amount we will pay for damages is listed under Paragraph 1. of Section 11—Who limited as described in Section III— Limits Is An Insured or any "employee" authorized Of Insurance;and by you to give or receive notice of an "occur- (2) Our right and duty to defend ends when rence"or claim: we have used up the applicable limit of (1) Reports all, or any part, of the "bodily in- insurance in the payment of judgments or jury" or "property damage" to us or any settlements under Coverages A or B or other insurer; medical expenses under Coverage C. (2) Receives a written or verbal demand or No other obligation or liability to pay sums or claim for damages because of the"bodily perform acts or services is covered unless injury"or"property damage";or explicitly provided for under Supplementary (3) Becomes aware by any other means that Payments—Coverages A and B. "bodily injury" or "property damage" has b. This insurance applies to "bodily injury" and occurred or has begun to occur. "property damage"only if: CG 00 01 10 01 ©ISO Properties Inc., 2000 Page 1 of 16 COMMERCIAL GENERAL LIABILITY ute by limits. Under this method, each in- 9. When We Do Not Renew surer's share is based on the ratio of its appli- If we decide not to renew this Coverage Part, we cable limit of insurance to the total applicable will mail or deliver to the first Named Insured limits of insurance of all insurers. shown in the Declarations written notice of the 5. Premium Audit nonrenewal not less than 30 days before the expi- a. We will compute all premiums for this Cover- ration date. age Part in accordance with our rules and If notice is mailed, proof of mailing will be suffi- rates. cient proof of notice. b. Premium shown in this Coverage Part as ad- SECTION V—DEFINITIONS vance premium is a deposit premium only. At 1. "Advertisement" means a notice that is broadcast the close of each audit period we will com- or published to the general public or specific mar- pute the earned premium for that period and ket segments about your goods, products or ser- send notice to the first Named Insured. The vices for the purpose of attracting customers or due date for audit and retrospective premi- supporters. For the purposes of this definition: ums is the date shown as the due date on the bill. If the sum of the advance and audit pre- a. Notices that are published include material placed on the Internet or on similar electronic miums paid for the policy period is greater than the earned premium, we will return the means of communication;and excess to the first Named Insured. b. Regarding web-sites, only that part of a web- c. The first Named Insured must keep records of site that is about your goods, products or ser- the information we need for premium compu- vices for the purposes of attracting customers tation, and send us copies at such times as or supporters is considered an advertisement. we may request. 2. "Auto" means a land motor vehicle, trailer or 6. Representations semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment. By accepting this policy, you agree: But"auto"does not include"mobile equipment". a. The statements in the Declarations are accu- 3. "Bodily injury" means bodily injury, sickness or rate and complete; disease sustained by a person, including death b. Those statements are based upon represen- resulting from any of these at any time. tations you made to us; and 4. "Coverage territory" means: c. We have issued this policy in reliance upon a. The United States of America (including its your representations. territories and possessions), Puerto Rico and 7. Separation Of Insureds Canada; Except with respect to the Limits of Insurance, b. International waters or airspace, but only if and any rights or duties specifically assigned in the injury or damage occurs in the course of this Coverage Part to the first Named Insured, travel or transportation between any places this insurance applies: included in a.above; or a. As if each Named Insured were the only c. All other parts of the world if the injury or Named Insured;and damage arises out of: b. Separately to each insured against whom (1) Goods or products made or sold by you in claim is made or"suit"is brought. the territory described in a.above; 8. Transfer Of Rights Of Recovery Against Oth- (2) The activities of a person whose home is ers To Us in the territory described in a. above, but If the insured has rights to recover all or part of is away for a short time on your business; any payment we have made under this Coverage or Part, those rights are transferred to us. The in- (3) "Personal and advertising injury"offenses sured must do nothing after loss to impair them. that take place through the Internet or At our request, the insured will bring "suit" or similar electronic means of communica- transfer those rights to us and help us enforce tion them. Page 12 of 16 ©ISO Properties Inc., 2000 CG 00 01 10 01 POLICY NUMBER: 680-9M677855-19-47 ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: B. If we decide to not renew this policy for any statu- A. If we cancel this policy for any statutorily permit- torily permitted reason, and a number of days is ted reason other than nonpayment of premium, shown for nonrenewal in the schedule above, we and a number of days is shown for cancellation in will mail notice of the nonrenewal to the person or the schedule above, we will mail notice of cancel- organization shown in the schedule above. We lation to the person or organization shown in the will mail such notice to the address shown in the schedule above. We will mail such notice to the schedule above at least the number of days address shown in the schedule above at least the shown for nonrenewal in the schedule above be- number of days shown for cancellation in the fore the expiration date. schedule above before the effective date of can- cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 COMMERCIAL AUTO BA9M680558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM. whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO BA9M680558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos"that fer to the Named Insured shown in the Declarations. may be covered "autos".The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered"autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned"Autos" Only those "autos"you own(and for Covered Autos Liability Coverage any Only "trailers"you don't own while attached to power units you own).This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos"you own.This includes those private Passenger passenger"autos"you acquire ownership of after the policy begins. "Autos"Only 4 Owned Only those"autos"you own that are not of the private passenger type(and for "Autos"Other Covered Autos Liability Coverage any"trailers"you don't own while attached to Than Private power units you own). This includes those"autos"not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos"Only 5 Owned"Autos" Only those"autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged.This includes those"autos"you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned"Autos" Only those"autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those"autos"described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any"trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired"Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any"auto" Only you lease, hire, rent or borrow from any of your"employees",partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those"autos"you do not own, lease, hire, rent or borrow that are used in "Autos"Only connection with your business. This includes"autos"owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 12 COMMERCIAL AUTO 19 Mobile Equip- Only those"autos"that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment"under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy SECTION 11 — COVERED AUTOS LIABILITY COV- Begins ERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the Decla- We will pay all sums an"insured" legally must pay rations, then you have coverage for "autos" as damages because of "bodily injury" or "prop- that you acquire of the type described for the erty damage" to which this insurance applies, remainder of the policy period. caused by an "accident" and resulting from the 2. But, if Symbol 7 is entered next to a coverage ownership, maintenance or use of a covered in Item Two of the Declarations,an "auto"you "auto". acquire will be a covered "auto" for that cov- We will also pay all sums an "insured" legally erage only if: must pay as a"covered pollution cost or expense" a to which this insurance applies, caused by an . We already cover all"autos"that you own for that coverage or it replaces an "auto" "accident" and resulting from the ownership, you previously owned that had that cov- maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or erage;and expense" if there is either "bodily injury" or"prop- b. You tell us within 30 days after you ac- erty damage"to which this insurance applies that quire it that you want us to cover it for that is caused by the same"accident". coverage. We have the right and duty to defend any "in- C. Certain Trailers, Mobile Equipment And Tem- sured" against a "suit" asking for such damages porary Substitute Autos or a "covered pollution cost or expense". How- If Covered Autos Liability Coverage is provided by ever, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily in- this Coverage Form, the following types of vehi jury"or"property damage"or a"covered pollution cles are also covered "autos" for Covered Autos cost or expense"to which this insurance does not Liability Coverage: apply. We may investigate and settle any claim or 1. "Trailers" with a load capacity of 2,000 "suit" as we consider appropriate. Our duty to de- pounds or less designed primarily for travel fend or settle ends when the Covered Autos Li- on public roads. ability Coverage Limit of Insurance has been ex- 2. "Mobile equipment" while being carried or hausted by payment of judgments or settlements. towed by a covered"auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with The following are"insureds": the permission of its owner as a temporary a. You for any covered"auto". substitute for a covered"auto"you own that is b. Anyone else while using with your per- out of service because of its: mission a covered"auto" you own, hire or a. Breakdown; borrow except: b. Repair; (1) The owner or anyone else from c. Servicing; whom you hire or borrow a covered "auto". d. "Loss";or This exception does not apply if the e. Destruction. covered "auto" is a"trailer"connected to a covered "auto"you own. Page 2 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO (2) Your"employee" if the covered "auto" pay interest ends when we have paid, is owned by that "employee" or a offered to pay or deposited in court member of his or her household. the part of the judgment that is within (3) Someone using a covered "auto" our Limit of Insurance. while he or she is working in a busi- These payments will not reduce the Limit ness of selling, servicing, repairing, of Insurance. parking or storing "autos" unless that b. Out-of-state Coverage Extensions business is yours. (4) Anyone other than your "employees", While a covered "auto" is away from the partners if you area state where it is licensed,we will: (� y partnership), members (if you are a limited liability (1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their "employees", while mov- meet the limits specified by a com- ing property to or from a covered pulsory or financial responsibility law "auto". of the jurisdiction where the covered (5) A partner (if you are a partnership) or "auto" is being used. This extension does not apply to the limit or limits a member you are a limited liability specified by any law governing motor company)for a covered"auto"owned carriers of passengers or property. by him or her or a member of his or her household. (2) Provide the minimum amounts and c. Anyone liable for the conduct of an "in- types of other coverages,such as no- fault, required of out-of-state vehicles sured" described above but only to the by the jurisdiction where the covered extent of that liability. "auto"is being used. 2. Coverage Extensions We will not pay anyone more than once a. Supplementary Payments for the same elements of loss because of We will pay for the"insured": these extensions. (1) All expenses we incur. B. Exclusions (2) Up to $2,000 for cost of bail bonds This insurance does not apply to any of the fol- (including bonds for related traffic law lowing: violations) required because of an 1. Expected Or Intended Injury "accident" we cover. We do not have "Bodily injury"or"property damage"expected to furnish these bonds. or intended from the standpoint of the "in- (3) The cost of bonds to release attach- sured". ments in any "suit" against the "in- 2. Contractual sured" we defend, but only for bond amounts within our Limit of Insur- Liability assumed under any contract or ance. agreement. (4) All reasonable expenses incurred by But this exclusion does not apply to liability the"insured" at our request, including for damages: actual loss of earnings up to $250 a a. Assumed in a contract or agreement that day because of time off from work. is an "insured contract", provided the (5) All court costs taxed against the "in- "bodily injury" or "property damage" oc- sured" in any "suit" against the "in- curs subsequent to the execution of the sured" we defend. However, these contract or agreement;or payments do not include at- b. That the "insured" would have in the ab- torneys' fees or attorneys' expenses sence of the contract or agreement. taxed against the"insured". 3. Workers'Compensation (6) All interest on the full amount of any Any obligation for which the "insured" or the judgment that accrues after entry of "insured's" insurer may be held liable under the judgment in any "suit" against the any workers'compensation, disability benefits "insured" we defend, but our duty to CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 3 of 12 COMMERCIAL AUTO or unemployment compensation law or any 7. Handling Of Property similar law. "Bodily injury" or "property damage" resulting 4. Employee Indemnification And Employer's from the handling of property: Liability a. Before it is moved from the place where it "Bodily injury"to: is accepted by the "insured" for move- a. An"employee"of the"insured"arising out ment into or onto the covered"auto";or of and in the course of: b. After it is moved from the covered "auto" (1) Employment by the"insured";or to the place where it is finally delivered by the"insured". (2) Performing the duties related to the g, Movement Of Property By Mechanical De- conduct of the "insured's" business; vice or "Bodily injury" or "property damage" resulting b. The spouse, child, parent, brother or sis- from the movement of property by a me- ter of that "employee" as a consequence chanical device (other than a hand truck) of Paragraph a.above. unless the device is attached to the covered This exclusion applies: "auto". (1) Whether the "insured" may be liable 9. Operations as an employer or in any other ca- "Bodily injury" or "property damage" arising pacity;and out of the operation of: (2) To any obligation to share damages a. Any equipment listed in Paragraphs 6.b. with or repay someone else who and 6.c. of the definition of "mobile must pay damages because of the in- equipment"; or jury. b. Machinery or equipment that is on, at- But this exclusion does not apply to"bodily in- tached to or part of a land vehicle that jury" to domestic "employees" not entitled to would qualify under the definition of "mo- workers' compensation benefits or to liability bile equipment" if it were not subject to a assumed by the "insured" under an "insured compulsory or financial responsibility law contract". For the purposes of the Coverage or other motor vehicle insurance law Form, a domestic "employee" is a person en- where it is licensed or principally garaged. gaged in household or domestic work per- 10. Completed Operations formed principally in connection with a resi- "Bodily injury" or "property damage" arising dence premises. out of your work after that work has been 5. Fellow Employee completed or abandoned. "Bodily injury"to: In this exclusion,your work means: a. Any fellow "employee" of the "insured" a. Work or operations performed by you or arising out of and in the course of the fel- on your behalf;and low "employee's" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business;or Your work includes warranties or representa- b. The spouse, child, parent, brother or sis- tions made at any time with respect to the fit- ter of that fellow "employee" as a conse- ness, quality, durability or performance of any quence of Paragraph a. above. of the items included in Paragraph a. or b. 6. Care,Custody Or Control above. "Property damage" to or "covered pollution Your work will be deemed completed at the cost or expense" involving property owned or earliest of the following times: transported by the "insured" or in the "in- (1) When all of the work called for in your sured's" care, custody or control. But this ex- contract has been completed; clusion does not apply to liability assumed (2) When all of the work to be done at under a sidetrack agreement. the site has been completed if your Page 4 of 12 0 Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO contract calls for work at more than (2) The "bodily injury", "property dam- one site;or age" or"covered pollution cost or ex- (3) When that part of the work done at a pense" does not arise out of the op- job site has been put to its intended eration of any equipment listed in use by any person or organization Paragraphs 6.b. and 6.c. of the defi- other than another contractor or sub- nition of"mobile equipment". contractor working on the same pro- Paragraphs b. and c. above of this exclusion ject. do not apply to "accidents" that occur away Work that may need service, maintenance, from premises owned by or rented to an "in- correction, repair or replacement, but which is sured" with respect to "pollutants" not in or otherwise complete, will be treated as com- upon a covered"auto"if: pleted. (a) The "pollutants" or any property 11. Pollution in which the "pollutants" are con- tained are upset, overturned or "Bodily injury" or "property damage" arising damaged as a result of the main- out of the actual, alleged or threatened dis- tenance or use of a covered charge, dispersal, seepage, migration, re- "auto"; and lease or escape of"pollutants": (b) The discharge, dispersal, seep- a. That are, or that are contained in any age, migration, release or escape property that is: of the "pollutants" is caused di- rectly by such upset, overturn or (1) Being transported or towed by, han- damage. dled or handled for movement into, onto or from the covered"auto": 12. War (2) Otherwise in the course of transit by "Bodily injury" or "property damage" arising or on behalf of the"insured";or directly or indirectly out of: (3) Being stored, disposed of, treated or a. War, including undeclared or civil war; processed in or upon the covered b. Warlike action by a military force, includ- "auto"; ing action in hindering or defending b. Before the "pollutants" or any property in against an actual or expected attack, byany government, sovereign or other au- which the "pollutants" are contained are thorit using military moved from the lace where the are ac y g Y personnel or other p y agents;or cepted by the"insured"for movement into or onto the covered"auto'; or c. Insurrection, rebellion, revolution, "pollutants" or an property in usurped power or action taken by gov- c. After the " P Y P P Y ernmental authority in hindering or de- which the "pollutants" are contained are fending against any of these. moved from the covered "auto" to the 13. Racing place where they are finally delivered, disposed of or abandoned by the "in- Covered "autos" while used in any profes- sured". sional or organized racing or demolition con- test or stunting activity, or while practicing for Paragraph a. above does not apply to fuels, such contest or activity. This insurance also lubricants,fluids, exhaust gases or other simi- does not apply while that covered "auto" is lar "pollutants" that are needed for or result being prepared for such a contest or activity. from the normal electrical, hydraulic or me- C. Limit Of Insurance chanical functioning of the covered "auto" or its parts if: Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehi- (1) The "pollutants" escape, seep, mi- cles involved in the "accident", the most we will grate or are discharged, dispersed or pay for the total of all damages and "covered pol- released directly from an "auto" part lution cost or expense" combined resulting from designed by its manufacturer to hold, any one "accident" is the Limit Of Insurance for store, receive or dispose of such "pol- Covered Autos Liability Coverage shown in the lutants";and Declarations. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 5 of 12 COMMERCIAL AUTO All "bodily injury", "property damage" and "cov- a. Glass breakage; ered pollution cost or expense" resulting from b. "Loss" caused by hitting a bird or animal; continuous or repeated exposure to substantially and the same conditions will be considered as result ing from one"accident". c. "Loss" caused by falling objects or mis siles. No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this However, you have the option of having glass Coverage Form and any Medical Payments Cov- breakage caused by a covered "auto's" colli- erage endorsement, Uninsured Motorists Cover- sion or overturn considered a "loss" under age endorsement or Underinsured Motorists Collision Coverage. Coverage endorsement attached to this Coverage 4. Coverage Extensions Part. a. Transportation Expenses SECTION III—PHYSICAL DAMAGE COVERAGE We will pay up to $20 per day, to a maxi- A. Coverage mum of $600, for temporary transporta- 1. We will pay for "loss" to a covered "auto" or tion expense incurred by you because of its equipment under: the total theft of a covered "auto" of the a. Comprehensive Coverage private passenger type. We will pay only p g for those covered "autos" for which you From any cause except: carry either Comprehensive or Specified (1) The covered "auto's" collision with Causes Of Loss Coverage. We will pay another object;or for temporary transportation expenses in- curred during the period beginning 48 (2) The covered "auto's"overturn. hours after the theft and ending, regard- b. Specified Causes Of Loss Coverage less of the policy's expiration, when the Caused by: covered "auto" is returned to use or we (1) Fire, lightning or explosion; pay for its"loss". (2) Theft; b. Loss Of Use Expenses For Hired Auto Physical Damage, we will (3) Windstorm, hail or earthquake; pay expenses for which an "insured" be- (4) Flood; comes legally responsible to pay for loss (5) Mischief or vandalism;or of use of a vehicle rented or hired without a driver under a written rental contract or (6) The sinking, burning, collision or de- agreement. We will pay for loss of use railment of any conveyance transport- expenses if caused by: ing the covered"auto". (1) Other than collision only if the Decla- c. Collision Coverage rations indicates that Comprehensive Caused by: Coverage is provided for any covered (1) The covered "auto's" collision with "auto"; another object;or (2) Specified Causes Of Loss only if the (2) The covered "auto's"overturn. Declarations indicates that Specified Causes Of Loss Coverage is pro- 2. Towing vided for any covered "auto";or We will pay up to the limit shown in the Decla- (3) Collision only if the Declarations indi- rations for towing and labor costs incurred cates that Collision Coverage is pro- each time a covered "auto" of the private vided for any covered "auto". passenger type is disabled. However, the la- However, the most we will pay for any bor must be performed at the place of dis- expenses for loss of use is $20 per day, ablement. to a maximum of$600. 3. Glass Breakage—Hitting A Bird Or Animal —Falling Objects Or Missiles B. Exclusions If you carry Comprehensive Coverage for the 1. We will not pay for "loss"caused by or result- damaged covered "auto", we will pay for the ing from any of the following. Such "loss" is following under Comprehensive Coverage: excluded regardless of any other cause or Page 6 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO event that contributes concurrently or in any installed, that reproduces, receives or sequence to the"loss". transmits audio,visual or data signals. a. Nuclear Hazard d. Any accessories used with the electronic (1) The explosion of any weapon em- equipment described in Paragraph c. ploying atomic fission or fusion;or above. (2) Nuclear reaction or radiation, or ra- 5. Exclusions 4.c. and 4.d. do not apply to dioactive contamination, however equipment designed to be operated solely by caused. use of the power from the "auto's" electrical b. War Or Military Action system that, at the time of"loss", is: (1) War, including undeclared or civil a. Permanently installed in or upon the cov- war; ered"auto"; (2) Warlike action by a military force, in- b. Removable from a housing unit which is cluding action in hindering or defend- permanently installed in or upon the cov- ing against an actual or expected at- ered"auto"; tack, by any government, sovereign c. An integral part of the same unit housing or other authority using military per- any electronic equipment described in sonnel or other agents;or Paragraphs a.and b. above;or (3) Insurrection, rebellion, revolution, d. Necessary for the normal operation of the usurped power or action taken by covered "auto" or the monitoring of the governmental authority in hindering covered "auto's"operating system. or defending against any of these. 6. We will not pay for "loss" to a covered "auto" 2. We will not pay for "loss" to any covered due to"diminution in value". "auto" while used in any professional or or- ganized racing or demolition contest or stunt- C. Limits Of Insurance ing activity, or while practicing for such con- 1. The most we will pay for: test or activity. We will also not pay for"loss" a. "Loss" to any one covered "auto" is the to any covered "auto" while that covered lesser of: "auto"is being prepared for such a contest or activity. (1) The actual cash value of the dam- 3. We will not pay for"loss"due and confined to: aged or stolen property as of the time a. Wear and tear, freezing, mechanical or of the"loss";or electrical breakdown. (2) The cost of repairing or replacing the b. Blowouts, punctures or other road dam- damaged or stolen property with age to tires. other property of like kind and quality. This exclusion does not apply to such "loss" b. All electronic equipment that reproduces, resulting from the total theft of a covered receives or transmits audio,visual or data "auto". signals in any one "loss" is $1,000, if, at 4. We will not pay for"loss"to any of the follow- the time of "loss", such electronic equip- ing: ment is: a. Tapes, records, discs or other similar au- (1) Permanently installed in or upon the dio, visual or data electronic devices de- covered "auto" in a housing, opening signed for use with audio, visual or data or other location that is not normally electronic equipment. used by the "auto" manufacturer for b. Any device designed or used to detect the installation of such equipment; speed-measuring equipment, such as ra- (2) Removable from a permanently in- dar or laser detectors, and any jamming stalled housing unit as described in apparatus intended to elude or disrupt Paragraph b.(1) above;or speed-measuring equipment. (3) An integral part of such equipment as c. Any electronic equipment, without regard described in Paragraphs b.(1) and to whether this equipment is permanently b.(2)above. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 7 of 12 COMMERCIAL AUTO 2. An adjustment for depreciation and physical b. Additionally, you and any other involved condition will be made in determining actual "insured" must: cash value in the event of a total"loss". (1) Assume no obligation, make no pay- 3. If a repair or replacement results in better ment or incur no expense without our than like kind or quality, we will not pay for the consent, except at the "insured's" amount of the betterment. own cost. D. Deductible (2) Immediately send us copies of any For each covered"auto",our obligation to pay for, request, demand, order, notice, repair, return or replace damaged or stolen prop- summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or"suit". shown in the Declarations. Any Comprehensive (3) Cooperate with us in the investigation Coverage deductible shown in the Declarations or settlement of the claim or defense does not apply to "loss" caused by fire or light- against the"suit". ning. SECTION IV—BUSINESS AUTO CONDITIONS (4) Authorize us to obtain medical re- The following conditions apply in addition to the cords or other pertinent information. Common Policy Conditions: (5) Submit to examination, at our ex- A. Loss Conditions pense, by physicians of our choice, as often as we reasonably require. 1. Appraisal For Physical Damage Loss c. If there is "loss"to a covered "auto" or its If you and we disagree on the amount of equipment, you must also do the follow- "loss", either may demand an appraisal of the in "loss". In this event, each party will select a g (1) Promptly notify the police if the cov competent appraiser. The two appraisers will select a competent and impartial umpire. The ered "auto" or any of its equipment is appraisers will state separately the actual stolen. cash value and amount of"loss". If they fail to (2) Take all reasonable steps to protect agree, they will submit their differences to the the covered "auto" from further dam- umpire. A decision agreed to by any two will age. Also keep a record of your ex- be binding. Each party will: penses for consideration in the set- a. Pay its chosen appraiser; and tlement of the claim. b. Bear the other expenses of the appraisal (3) Permit us to inspect the covered and umpire equally. "auto" and records proving the "loss" If we submit to an appraisal, we will still retain before its repair or disposition. our right to deny the claim. (4) Agree to examinations under oath at 2. Duties In The Event Of Accident, Claim, our request and give us a signed Suit Or Loss statement of your answers. We have no duty to provide coverage under 3. Legal Action Against Us this policy unless there has been full compli- No one may bring a legal action against us ance with the following duties: under this Coverage Form until: a. In the event of "accident", claim, "suit" or a. There has been full compliance with all "loss", you must give us or our authorized the terms of this Coverage Form; and representative prompt notice of the "acci- dent"or"loss". Include: b. Under Covered Autos Liability Coverage, (1) How, when and where the "accident" we agree in writing that the"insured" has or"loss"occurred; an obligation to pay or until the amount of that obligation has finally been deter- (2) The "insured's" name and address; mined by judgment after trial. No one has and the right under this policy to bring us into (3) To the extent possible, the names an action to determine the "insured's" li- and addresses of any injured persons ability. and witnesses. Page 8 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO 4. Loss Payment — Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any At our option,we may: other provision of this Coverage Form. a. Pay for, repair or replace damaged or sto- 5. Other Insurance len property; a. For any covered "auto" you own, this b. Return the stolen property, at our ex- Coverage Form provides primary insur- pense. We will pay for any damage that ance. For any covered "auto" you don't results to the "auto"from the theft; or own, the insurance provided by this Cov- erage Form is excess over any other col- c. Take all or any part of the damaged or lectible insurance. However, while a cov- stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the"trailer" is: aged or stolen property. (1) Excess while it is connected to a mo- 5. Transfer Of Rights Of Recovery Against for vehicle you do not own;or Others To Us (2) Primary while it is connected to a If any person or organization to or for whom covered "auto"you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us.That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident"or"loss"to impair them. a driver is not a covered"auto". B. General Conditions c. Regardless of the provisions of Para- I. Bankruptcy graph a. above, this Coverage Form's Bankruptcy or insolvency of the "insured" or Covered Autos Liability Coverage is pri- the"insured's"estate will not relieve us of any mary for any liability assumed under an obligations under this Coverage Form. "insured contract". 2. Concealment,Misrepresentation Or Fraud d. When this Coverage Form and any other Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other"insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis. a. This Coverage Form: 6. Premium Audit b. The covered "auto"; a. The estimated premium for this Coverage c. Your interest in the covered "auto";or Form is based on the exposures you told d. A claim under this Coverage Form. us you would have when this policy be- gan. We will compute the final premium 3. Liberalization due when we determine your actual ex- If we revise this Coverage Form to provide posures. The estimated total premium will more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective pre- 4. No Benefit To Bailee — Physical Damage mium is the date shown as the due date Coverages on the bill. If the estimated total premium exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per- CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 9 of 12 COMMERCIAL AUTO b. If this policy is issued for more than one 1. A land motor vehicle, "trailer" or semitrailer year, the premium for this Coverage Form designed for travel on public roads;or will be computed annually based on our 2. Any other land vehicle that is subject to a rates or premiums in effect at the begin- compulsory or financial responsibility law or ning of each year of the policy. other motor vehicle insurance law where it is 7. Policy Period,Coverage Territory licensed or principally garaged. Under this Coverage Form, we cover "acci- However, "auto" does not include "mobile equip- dents"and"losses"occurring: ment". a. During the policy period shown in the C. "Bodily injury" means bodily injury, sickness or Declarations;and disease sustained by a person, including death b. Within the coverage territory. resulting from any of these. The coverage territory is: D. "Covered pollution cost or expense" means any (1) The United States of America; cost or expense arising out of: 1. Any request, demand, order or statutory or (2) The territories and possessions of the regulatory requirement that any "insured" or United States of America; others test for, monitor, clean up, remove, (3) Puerto Rico; contain, treat, detoxify or neutralize, or in any (4) Canada;and way respond to,or assess the effects of, "pol- (5) Anywhere in the world if a covered lutants";or "auto" of the private passenger type 2. Any claim or "suit" by or on behalf of a gov- is leased, hired, rented or borrowed ernmental authority for damages because of without a driver for a period of 30 testing for, monitoring, cleaning up, removing, days or less, containing, treating, detoxifying or neutraliz- ing,or in any way responding to, or assessing provided that the "insured's" responsibility to the effects of,"pollutants". pay damages is determined in a "suit" on the merits, in the United States of America, the "Covered pollution cost or expense" does not in- territories and possessions of the United clude any cost or expense arising out of the ac- States of America, Puerto Rico or Canada, or tual, alleged or threatened discharge, dispersal, in a settlement we agree to. seepage, migration, release or escape of "pollut ants": We also cover "loss"to, or"accidents" involv ing, a covered "auto" while being transported a. That are, that are contained in any between any of these places. property thatt is: 8. Two Or More Coverage Forms Or Policies (1) Being transported or towed by, han- Issued By Us dled or handled for movement into, If this Coverage Form and any other Cover- onto or from the covered"auto"; age Form or policy issued to you by us or any (2) Otherwise in the course of transit by company affiliated with us applies to the or on behalf of the"insured":or same "accident", the aggregate maximum (3) Being stored, disposed of, treated or Limit of Insurance under all the Coverage processed in or upon the covered Forms or policies shall not exceed the highest "auto"; applicable Limit of Insurance under any one b. Before the "pollutants" or any property in Coverage Form or policy. This condition does which the "pollutants" are contained are not apply to any Coverage Form or policy is- moved from the place where they are ac- sued by us or an affiliated company specifi- cepted by the"insured"for movement into cally to apply as excess insurance over this or onto the covered"auto";or Coverage Form. c. After the "pollutants" or any property in SECTION V—DEFINITIONS which the "pollutants" are contained are A. "Accident" includes continuous or repeated expo- moved from the covered "auto" to the sure to the same conditions resulting in "bodily in- place where they are finally delivered, jury"or"property damage". disposed of or abandoned by the "in- B. "Auto"means: sured". Page 10 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance,to in- lubricants,fluids, exhaust gases or other simi- demnify a municipality, except in connection lar "pollutants" that are needed for or result with work for a municipality; from the normal electrical, hydraulic or me- 5. That part of any other contract or agreement chanical functioning of the covered "auto" or pertaining to your business (including an in- its parts, if: demnification of a municipality in connection (1) The "pollutants" escape, seep, mi- with work performed for a municipality) under grate or are discharged, dispersed or which you assume the tort liability of another released directly from an "auto" part to pay for"bodily injury"or"property damage" designed by its manufacturer to hold, to a third party or organization. Tort liability store, receive or dispose of such "pol- means a liability that would be imposed by lutants";and law in the absence of any contract or agree- (2) The "bodily injury", "property dam- ment;or age" or "covered pollution cost or ex- 6. That part of any contract or agreement en- pense" does not arise out of the op- tered into, as part of your business, pertaining eration of any equipment listed in to the rental or lease, by you or any of your Paragraph 6.b. or 6.c. of the defini- "employees", of any "auto". However, such tion of"mobile equipment". contract or agreement shall not be considered Paragraphs b. and c. above do not apply to an "insured contract" to the extent that it obli- "accidents" that occur away from premises gates you or any of your "employees" to pay owned by or rented to an "insured" with re- for "property damage"to any 'auto" rented or spect to "pollutants" not in or upon a covered leased by you or any of your"employees". "auto"if: An "insured contract"does not include that part of (a) The "pollutants" or any property any contract or agreement: in which the "pollutants" are con- a. That indemnifies a railroad for "bodily in- tained are upset, overturned or jury" or "property damage" arising out of damaged as a result of the main- construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto";and affecting any railroad bridge or trestle, (b) The discharge, dispersal, seep- tracks, roadbeds, tunnel, underpass or age, migration, release or escape crossing; of the "pollutants" is caused di- b. That pertains to the loan, lease or rental rectly by such upset, overturn or of an "auto" to you or any of your "em- damage. ployees", if the"auto"is loaned, leased or E. "Diminution in value" means the actual or per- rented with a driver; or ceived loss in market value or resale value which c. That holds a person or organization en- results from a direct and accidental"loss". gaged in the business of transporting F. "Employee" includes a "leased worker". "Em- property by "auto" for hire harmless for ployee"does not include a"temporary worker". your use of a covered "auto"over a route or territory that person or organization is G. "Insured"means any person or organization quali- authorized to serve by public authority. fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- 1. "Leased worker" means a person leased to you spect to the Limit of Insurance, the coverage af- by a labor leasing firm under an agreement be- forded applies separately to each insured who is tween you and the labor leasing firm to perform seeking coverage or against whom a claim or duties related to the conduct of your business. "suit"is brought. "Leased worker" does not include a "temporary worker". H. "Insured contract"means: J. "Loss" means direct and accidental loss or dam- 1. A lease of premises; age. 2. A sidetrack agreement; K. "Mobile equipment" means any of the following 3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment: operations on or within 50 feet of a railroad; CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 11 of 12 COMMERCIAL AUTO 1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building roads; cleaning, geophysical exploration, lighting 2. Vehicles maintained for use solely on or next or well-servicing equipment. to premises you own or rent; However, "mobile equipment' does not include 3. Vehicles that travel on crawler treads; land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle 4. Vehicles, whether self-propelled or not, main- insurance law where it is licensed or principally tained primarily to provide mobility to perma- garaged. Land vehicles subject to a compulsory nently mounted: or financial responsibility law or other motor vehi- a. Power cranes, shovels, loaders, diggers cle insurance law are considered"autos". or drills;or L. "Pollutants" means any solid, liquid, gaseous or b. Road construction or resurfacing equip- thermal irritant or contaminant, including smoke, ment such as graders, scrapers or rollers; vapor, soot, fumes, acids, alkalis, chemicals and 5. Vehicles not described in Paragraph 1., 2., 3. waste. Waste includes materials to be recycled, or 4.above that are not self-propelled and are reconditioned or reclaimed. maintained primarily to provide mobility to M. "Property damage" means damage to or loss of permanently attached equipment of the fol- use of tangible property. lowing types: N. "Suit'means a civil proceeding in which: a. Air compressors, pumps and generators, 1. Damages because of "bodily injury" or "prop- including spraying, welding, building erty damage";or cleaning, geophysical exploration, lighting and well-servicing equipment;or 2• A"covered pollution cost or expense"; b. Cherry pickers and similar devices used to which this insurance applies, are alleged. to raise or lower workers;or "Suit'includes: 6. Vehicles not described in Paragraph 1., 2., 3. a. An arbitration proceeding in which such or 4. above maintained primarily for purposes damages or "covered pollution costs or other than the transportation of persons or expenses" are claimed and to which the cargo. However, self-propelled vehicles with "insured"must submit or does submit with the following types of permanently attached our consent;or equipment are not"mobile equipment'but will b. Any other alternative dispute resolution be considered"autos": proceeding in which such damages or a. Equipment designed primarily for: "covered pollution costs or expenses" are (1) Snow removal; claimed and to which the insured submits (2) Road maintenance, but not construc- with our consent. tion or resurfacing;or O. "Temporary worker" means a person who is fur- (3) Street cleaning; nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short- b. Cherry pickers and similar devices term workload conditions. mounted on automobile or truck chassis P. "Trailer"includes semitrailer. and used to raise or lower workers;and Page 12 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 CHANGE EFFECTIVE DATE:01-01-19 POLICY NUMBER:BA-9M680558-19—GRP ISSUE DATE:05-13-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: WHEN WE DO NOT RENEW(Nonrenewal): Number of days Notice: PROVISIONS: B. For any statutorily permitted reason other than A. For any statutorily permitted reason other than nonpayment of premium, the number of days re- nonpayment of premium, the number of days re- quired for notice of When We Do Not Renew quired for notice of cancellation, as provided in (Nonrenewal). as provided in the CONDITIONS the CONDITIONS Section of this insurance, or as Section of this insurance, or as amended by any amended by any applicable state cancellation applicable state When We Do Not Renew endorsement applicable to this insurance, is in- (Nonrenewal) endorsement applicable to this in- creased to the number of days shown in the surance, is increased to the number of days SCHEDULE above. shown in the SCHEDULE above. IL T3 20 09 97 Copyright, The Travelers Indemnity Company, 1997 Page 1 of 1 COMMERCIAL AUTO POLICY ENDORSEMENT - CA T8 04 01 19 POLICY NUMBER BA-9M680558-19-GRP ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** NOTICE OF CANCELLATION IT IS AGREED THAT: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: I. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED SHOWN IN THE DECLARATIONS RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. IF WE CANCEL THIS POLICY FOR ANY STATUTORILY PERMITTED REASON OTHER THAN NONPAYMENT OF PREMIUM WE WILL MAIL NOTICE OF CANCELLATION TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR CANCELLATION IN THE SCHEDULE ABOVE BEFORE THE EFFECTIVE DATE OF CANCELLATION. B. IF WE DECIDE TO NOT RENEW THIS POLICY FOR ANY STATUTORILY PERMITTED REASON, AND A NUMBER OF DAYS IS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE, WE WILL MAIL NOTICE OF THE NONRENEWAL TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE. WE WILL MAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABOVE AT LEAST THE NUMBER OF DAYS SHOWN FOR NONRENEWAL IN THE SCHEDULE ABOVE BEFORE THE EXPIRATION DATE. EFFECTIVE DATE 01-01-19 EXPIRATION DATE 01-01-20 PAGE 0001 DATE OF ISSUE 05-13-19