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HomeMy WebLinkAboutCAG2019-437 - Original - KPG, P.S. - Meet Me on Meeker Design Support Phase II - 10/08/2019 Agreement Routing Form KENT For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for A. Almaroof Department: Public Works Date Sent. 10/9/19 Date Required: 10/11/19 > Authorized Director or Designee Date of C, to Sign: Council N/A �a Mayor Approval: Budget 19-3024 Grant? Yes No Account Number: Type: N/A Vendor Name: KPG, P.S. Category. Contract = Vendor 1164686 Sub-Category 0 Number: EProject Name: Meet Me on Meeker � 0 � Project Design support for second phase of project. *4 Details: c EAgreement 15 114 Basis for 0 Amount: Selection of L Contractor. Q Start Date: 10/8/19 Termination Date: 7/31/20 Notice required prior to Yes No Contract Number: G�,�- disclosure? �b/cj— y3 7 Date Received by CityAttorney: Comments: oh c 0 0 cc w a, 0 tc � Date Routed to the Mayor's Office: in d 2 Date Routed to the City Clerk's Office: 9 CI Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT W A S H I N O T O N 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, P.S. organized under the laws of the State of Washington, located and doing business at 3131 Elliott Ave., Suite 400, Seattle, WA 98121, Phone: (206) 286-1640, Contact: Liz Gibson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design support for the second phase of the Meet Me on Meeker Project which extends from the golf course frontage to Russell Road. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by July 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand, One Hundred Fourteen Dollars ($15,114), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's 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. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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 Re uired. 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. Counteroarts 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. CONSULTANT*. CITY OF KENT: 7?1 By. By: ignahlmd ( gnature) Print Name: Print Name: imothy J. LaPorte, P.E. Its: HiAL2 pz 1 Str- rzY� , Its: Public Works Director (title) DATE:_ /y ' Q L DATE: le r12 /g NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Liz Gibson Timothy J. LaPorte, P.E. KPG, P.S. City of Kent 3131 Elliott Ave., Suite 400 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 (206) 286-1640 (telephone) (253) 856-5500 (telephone) N/A (facsimile) 253 856-6500 facsimile ATTEST: Ken Cit Clerk KPG-MMOM/Alm roof 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; ,� Z( For: C Title: ''onu(Xi La.�'L{1 �Y t`t kut-lk ' C Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 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 City of Kent Public Works MMOM Road Improvement Project W Meeker St(Golf Course frontage)to Russell Rd Exhibit A—Scope of Work October 2, 2019 Project Description and Background The City of Kent is currently designing improvements to the City owned Put Put Golf Course on the South side of Meeker St from the Ethos development to Russell Road, including ROW improvements. There are three phases of the project, and the City has requested that KPG provide design support for the second phase of the project, specifically the ROW landscape and irrigation design, and streetscape design review. The second phase work for the golf course will include; • A new parking lot at NE corner with landscaping and irrigation • Russell Rd bike/ped connection to the Green River Trail • Resurface and restripe of the north parking lot • MMOM improvements along Meeker Street within the ROW for the Golf Course frontage, from the Ethos development to Russell Road Under a previous contract with the City,KPG provided the streetscape standards and details for the MMOM ROW.These standards will be used to develop the landscape and irrigation PS&E,to be included in the bid document package for construction. In addition, KPG will provide the City design review for the sidewalk and streetscape urban design. ASSUMPTIONS • This scope of this work is through Bidding Phase, final Bid set to be submitted by November 1" 2019. • Project deliverables will in PDF and AutoCAD Civil 3D 2018 format • See additional assumptions listed for individual Tasks • No additional site visits will be required PROVIDED BY KPG • Sidewalk/median streetscape urban design review • Landscape and irrigation design for sidewalk, back of sidewalk and median planters • Detailed cost estimate for landscape and irrigation Special provisions for landscape, irrigation and urban design features • See deliverables lists for individual Tasks PROVIDED BY THE CITY The City will provide the following items: • Electronic drawing files for ROW improvements, including: o Survey base map, including existing utility information Page 1 MMOM Road improvement Project KPG City of Kent Public Works MMOM Road Improvement Project W Meeker St(Golf Course frontage)to Russell Rd 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. Task 1 Work Elements: 1.01 Project Management 1.02 Monthly Progress Reports and Invoicing 1.03 Project coordination meetings(2) 1.04 QA/QC 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 Consultant will attend (2) meetings with City Staff for project coordination, either in person or teleconferencing as necessary. • The work of this task is estimated to be up to 2 months in length. TASK 2—FINAL DESIGN Task 2 Objective: Consultant shall provide 100% final design and bid documents, including PS&E for the ROW improvements,and back of sidewalk, along W Meeker from the Ethos development to Russell Road, for the frontage of the city owned golf course. Task 2 Work Elements: 2.01 Review sidewalk urban design, site elements, and layout for street frontage. Provide additional details for streetscape as required, if not defined in the MMOM Streetscape Standards, up to two(2) additional details. 2.02 Prepare landscape plans and details for sidewalk, back of sidewalk areas, and median landscaping. 2.03 Prepare irrigation plans and details for sidewalk,back of sidewalk areas,and median landscaping. 2.04 Prepare construction cost estimate. 2.05 Prepare special provisions in WSDOT format, for landscaping, irrigation and urban design elements. Task 2 Deliverables: Page 12 MMOM Road Improvement Project KPG City of Kent Public Works MMOM Road Improvement Project W Meeker St(Golf Course frontage)to Russell Rd • AutoCAD line work with any revisions to City designed layout of sidewalk and site elements, to be incorporated into City proposed plan (AutoCAD plans provided by City) • Site Element Details (if required) • Planting and irrigation plans and details (100%, Bid Documents) • Cost estimate(100%) • Special Provisions (100%, Bid Documents) Task 2 Assumptions: • it is anticipated that the following plan sheets/details will be provided for the 100% and Bid Document submittals: o Site Element Details (if required)to be incorporated into City detail sheets. 0 2 Landscape Plan Sheets 0 2 Landscape Schedule and Detail Sheets 0 2 Irrigation Plan Sheets 0 2 Irrigation Schedule and Detail Sheets • There will be a one(1)week review time of the 100%documents by the City • Final Bid set submit November 1st • Project management is part of Task 1. TASK 3—SUPPORT DURING BIDDING Task 3 Objective:Consultant shall assist the City with project advertisement and award. Task 3 Work Elements: 3.01 The consultant will assist the City with project advertisement and award. This work may include response to bidder questions, preparation of addenda and other services as requested by the City. Task 3 Deliverables: • Addenda, as required Task 3 Assumptions: • Project management is part of Task 1. 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 MMOM Road Improvement Project KPG --------------- 0 0 0 0 0 0 0 0 0 0 0 0 0 p p 0 0 0 0 00 0 0 0 0 0 0 c O O OD M a v 04 v o w o m m a v u. r� m (D N v m o m v a C et p y N N r r � N N M M F^ u ui LO J r r C A W N N V) EN C F9 fA V3 ft} (� (F3 fA EH y-� E9 H3 69 N 3 E O '- y 40 Y iA N t0 <f h ON h N O tD ko N 3 F r f0 a_m 0 _E a, J N N 0 c U p U= O N N et 0 N a g. c � c ti Q rn E *- N N C. p N 00 o c m L U c'ci U) m Q c o0 4 N cO CO v V cl d O y co N d 0 d N 7 Q O m m m 3 0 c N m O t7 ui C A r c m c m n UL as c c O p a a w U C CJ r C'J N V V (O - V' N N I� m N C N .J O IL d O „ w m o y y a O O m a m y m c V F ro o N F t0 y N t o — C o M c c �' w C 0 `� E (U N > N '� 0 .0 al x010 Y C � .O N N C '� '✓ M Q o O! d o m d E 01 w rn � m c R m -0 ca v M w c o m b 3 E Y CL 0 y Z W w o o a 0 3 m m m a ar W u O o o d C a'� a a a ro C o LL U -3 O a z a c7 ii C c M o @ N L 7 W '0 0 F- Yn 0 ON M0 o y o 0 0 00 o Y p w S U Or Y t EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. 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 ACORD,. CERTIFICATE OF LIABILITY INSURANCE r DATE(MM/DDIYYYY) 10/03/2019 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). PRODUCER CONTACT NAME: Tracy Miyake USI Insurance Services NW PR aHO,"o,Ext:206 441-6300 FAX No 610-362-8530 601 Union Street,Suite 1000 ADDRESS:Seattle,WA 98101 Seattle.PLCertRequest@usi.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co of America 25666 INSURED INSURER B:Berkley Insurance Company 32603 KPG, P.S.fka KPG, Inc. Charter Oak FlrelnsuranceCompany 25615 INSURER C 3131 Elliott Avenue,Suite 400 Seattle,WA 98121 INSURER D: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6809M677855 1/01/2019 01/01/202C EACH OCCURRENCE $1 000000 CLAIMS-MADE a OCCUR PREMISES(Ea occur°nce $1 OOO O00 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F7X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: C AUTOMOBILE LIABILITY X X BA9M680558 1/01/2019 01/01/202 (CEO,MINED a.Cd.n SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNEDAUTOS AUTOS ONLY ONLY PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OCCUR X X CUP9M682435 1/01/2019 01/01/202 EACHOCCURRENCE $1 000000 EXCESS LAB CLAIMS-MADE AGGREGATE $1 OOO OOO DED X RETENTION$1 O OOO $ A WORKERS COMPENSATION X 6809M677855 1/01/2019 01/01/202 X PER OTH- AND EMPLOYERS'LIABILITYSTATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (WA Stop Gap) OFFICER/MEMBER EXCLUDED? E.L.EACH ACCIDENT $1 OOO OOO � N/A Mandatory in(f yes,describe under E.L.DISEASE-EA EMPLOYEE $1 000 000 I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional AEC902579401 1/01/2019 01/01/2020 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) KPG PN 19141 -Meet Me on Meeker. 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. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake 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 #S26812750/M25257207 SRSJV DESCRIPTIONS (Continued from Page 1) The General Liability and Automobile Liability policies contain a special endorsement with Primary and Noncontributory wording,when required by written contract. The General Liability policy includes Separation of Insureds Provision and Per Project Aggregate Limits. The General Liability(includes Employers Liability),Automobile Liability and Professional 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 #S26812750/M25257207 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 77 -1 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M 6 sss 9-47 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 COMMERCIAL AUTO POLICY: 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 11 — 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 POLICY: BA9M680558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 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. 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 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS COVERAGE XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured K. Additional Insured — Lessor Of Leased Equipment B. Incidental Medical Malpractice L. Additional Insured — State Or Political C. Reasonable Force — Bodily Injury Or Property Subdivisions—Permits Relating To Premises Damage M. Additional Insured — State Or Political D. Non-Owned Watercraft — Increased To Up To 75 Subdivisions—Permits Relating To Operations feet N. Who Is An Insured — Newly Acquired Or Formed E. Aircraft Chartered With Crew Organizations F. Damage To Premises Rented To You O. Knowledge And Notice Of Occurrence Or Offense G. Malicious Prosecution — Exception To Knowing P. Unintentional Omission Violation Of Rights Of Another Exclusion Q. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments— Increased Limit Against Others To Us When Required By Written I. Increased Supplementary Payments Contract J. Additional Insured — Owner, Manager Or Lessor Amended Insured Contract Definition — Railroad Of Premises Easement PROVISIONS Unless you are in the business or occupation A. BROADENED NAMED INSURED of providing professional health care services, "occurrence" also means an act or omission 1. The following is added to SECTION II —WHO committed in providing or failing to provide IS AN INSURED: first aid or "Good Samaritan services" to a Any organization, other than a partnership or person. joint venture, over which you maintain 2. The following is added to the DEFINITIONS ownership or majority interest on the effective Section: date of the policy qualifies as a Named Insured. However, coverage for any such "Good Samaritan services" means any additional organization will cease as of the emergency medical services for which no date during the policy period that you no compensation is demanded or received. longer maintain ownership of, or majority 3. The following is added to Paragraph 2.a.(1) of interest in, such organization. SECTION II —WHO IS AN INSURED: B. INCIDENTAL MEDICAL MALPRACTICE Unless you are in the business or occupation 1. The following is added to the definition of of providing professional health care services, "occurrence" in the DEFINITIONS Section: Paragraphs (1)(a), (b), (c) and (d) above CG D3 79 01 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 does not apply to any "bodily injury" arising insured. This exclusion does not apply to out of any providing or failing to provide first "bodily injury" or "property damage" resulting aid or "Good Samaritan services" by any of from the use of reasonable force to protect your "employees", other than an employed any person or property. doctor. Any such "employees" providing or D. NON-OWNED WATERCRAFT — INCREASED failing to provide first aid or "Good Samaritan TO UP TO 75 FEET services" during their work hours for you will be deemed to be acting within the scope of 1. The following replaces Paragraph (2) of their employment by you or performing duties Exclusion g., Aircraft, Auto Or Watercraft, related to the conduct of your business. in Paragraph 2. of SECTION I — 4. The following exclusion is added to COVERAGES — COVERAGE A BODILY Paragraph 2., Exclusions, of SECTION I — INJURY AND PROPERTY DAMAGE COVERAGES — COVERAGE A BODILY LIABILITY: INJURY AND PROPERTY DAMAGE (2) A watercraft you do not own that is: LIABILITY in COVERAGES: (a) Less than 75 feet long; and Sale of Pharmaceuticals (b) Not being used to carry any person or "Bodily injury" or "property damage" arising property for a charge; out of the willful violation of a penal statute or 2. The following is added to Paragraph 2. of ordinance relating to the sale of SECTION II —WHO IS AN INSURED: pharmaceuticals committed by, or with the Any person or organization that, with your knowledge or consent of, the insured. express or implied consent, either uses or is 5. The following is added to Paragraph 5. of responsible for the use of a watercraft that SECTION III—LIMITS OF INSURANCE: you do not own that is: For the purposes of determining the (a) Less than 75 feet long; and applicable Each Occurrence Limit, all related (b) Not being used to carry any person or acts or omissions committed in the providing property for a charge; or failing to provide first aid or "Good Samaritan services" to any one person will be 3. The following is added to Paragraph 4.b., considered one 'occurrence". Excess Insurance, of SECTION IV — 6. The following is added to Paragraph 4.b., COMMERCIAL GENERAL LIABILITY Excess Insurance, of SECTION IV — CONDITIONS: COMMERCIAL GENERAL LIABILITY This insurance is excess over any valid and CONDITIONS: collectible other insurance, whether primary, This insurance is excess over any valid and excess, contingent or on any other basis, that collectible other insurance, whether primary, is available to the insured for "bodily injury" excess, contingent or on any other basis, that that arises out of the use of a watercraft that is available to any of your "employees" for you do not own that is: "bodily injury" that arises out of providing or (a) Less than 75 feet long; and failing to provide first aid or "Good Samaritan (b) Not being used to carry any person or services" to any person to the extent not property for a charge. subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. E. AIRCRAFT CHARTERED WITH CREW C. REASONABLE FORCE — BODILY INJURY OR 1. The following is added to Exclusion g., PROPERTY DAMAGE Aircraft, Auto Or Watercraft, in Paragraph The following replaces Exclusion a., Expected Or 2. of SECTION I — COVERAGES — Intended Injury, in Paragraph 2. of SECTION I — COVERAGE A BODILY INJURY AND COVERAGES — COVERAGE A BODILY PROPERTY DAMAGE LIABILITY in INJURY AND PROPERTY DAMAGE LIABILITY: COVERAGES: a. Expected Or Intended injury Or Damage This exclusion does not apply to an aircraft "Bodily injury" or "property damage" expected that is: or intended from the standpoint of the (a) Chartered with crew to any insured; Page 2 of 6 ©2016 The Travelers Indemnity Company.All rights reserved. CG D3 79 01 16 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 (b) Not owned by any insured; and 2. The following replaces Paragraph 6. of (c) Not being used to carry any person or SECTION III —LIMITS OF INSURANCE: property for a charge. Subject to S. above, the Damage To 2. The following is added to Paragraph 4.b., Premises Rented To You Limit is the most we Excess Insurance, of SECTION IV — will pay under Coverage A for damages COMMERCIAL GENERAL LIABILITY because of "property damage" to any one CONDITIONS: premises while rented to you, or temporarily This insurance is excess over any valid and occupied by you with permission of the collectible other insurance, whether primary, owner, caused by fire; explosion; lightning; excess, contingent or on any other basis, that smoke resulting from such fire, explosion, or is available to the insured for use of an lightning; or water. The Damage To Premises aircraft that is: Rented To You Limit will apply to all damage proximately caused by the same (a) Chartered with crew to any insured; "occurrence", whether such damage results (b) Not owned by any insured; and from: fire; explosion; lightning; smoke (c) Not being used to carry any person or resulting from such fire, explosion, or property for a charge. lightning; or water; or any combination of any of these. F. DAMAGE TO PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. The following replaces the last paragraph of Limit will be the higher of: Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY a. $1,000,000; or INJURY AND PROPERTY DAMAGE b. The amount shown on the Declarations of LIABILITY in COVERAGES: this Coverage Part for Damage To Exclusions c. through n. do not apply to Premises Rented To You Limit. damage to premises while rented to you, or 3. The following replaces Paragraph a. of the temporarily occupied by you with permission definition of "insured contract" in the of the owner, caused by: DEFINITIONS Section: a. Fire; a. A contract for a lease of premises. b. Explosion: However, that portion of the contract for a c. Lightning; lease of premises that indemnifies any person or organization for damage to d. Smoke resulting from such fire, explosion, premises while rented to you, or or lightning; or temporarily occupied by you with e. Water. permission of the owner, caused by: A separate limit of insurance applies to such (1) Fire; damage to premises as described in (2) Explosion; Paragraph 6. of Section III — Limits Of Insurance. This insurance does not apply to (3) Lightning; damage to premises while rented to you, or (4) Smoke resulting from such fire, temporarily occupied by you with permission explosion, or lightning; or of the owner, caused by: (5) Water, a. Rupture, bursting, or operation of is not an "insured contract"; pressure relief devices; 4. The following replaces Paragraph 4.b.(1)(b) b. Rupture or bursting due to expansion or of SECTION IV — COMMERCIAL GENERAL swelling of the contents of any building or LIABILITY CONDITIONS: structure, caused by or resulting from water; or (b) That is insurance for premises rented to you, or temporarily occupied by you with c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. the permission of the owner; CG D3 79 01 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 G. MALICIOUS PROSECUTION — EXCEPTION TO insured, but only with respect to liability for "bodily KNOWING VIOLATION OF RIGHTS OF injury", "property damage", "personal injury" or ANOTHER EXCLUSION "advertising injury"that: The following is added to Exclusion a., Knowing a. Is "bodily injury" or "property damage" caused Violation Of Rights Of Another, in Paragraph 2. by an "occurrence" that takes place, or of SECTION I — COVERAGES — COVERAGE B "personal injury" caused by an offense that is PERSONAL AND ADVERTISING INJURY committed, after you have signed that LIABILITY: contract; and This exclusion does not apply to "personal injury" b. Arises out of the ownership, maintenance or caused by malicious prosecution. use of that part of any premises leased to you H. MEDICAL PAYMENTS—INCREASED LIMIT under that written contract. The following replaces Paragraph 7. of SECTION The insurance provided to such premises owner, III —LIMITS OF INSURANCE: manager or lessor is subject to the following 7. Subject to 5. above, the Medical Expense provisions: Limit is the most we will pay under Coverage a. The limits of insurance provided to such C. for all medical expenses because of premises owner, manager or lessor will be "bodily injury" sustained by any one person, the limits which you agreed to provide in the and will be the higher of: written contract, or the limits shown on the (a) $10,000; or Declarations of this Coverage Part, whichever are less. (b) The amount shown on the Declarations of this Coverage Part for Medical Expense b. The insurance provided to such premises Limit. owner, manager or lessor does not apply to: I. INCREASED SUPPLEMENTARY PAYMENTS (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes 1. The following replaces Paragraph 1.b. of place, or "personal injury" caused by an SUPPLEMENTARY PAYMENTS — offense that is committed, after you COVERAGES A AND B of SECTION I —COVERAGES: cease to be a tenant in that premises; or b. Up to $2,500 for cost of bail bonds (2) Structural alterations, new construction or demolition operations performed by or on required because of accidents or traffic law violations arising out of the use of any behalf of such premises owner, manageror lessor. vehicle to which the Bodily Injury Liability Coverage applies. We do not have to c. The insurance provided to such premises furnish these bonds. owner, manager or lessor is excess over any 2. The following replaces Paragraph 1.d. of valid and collectible other insurance available SUPPLEMENTARY PAYMENTS — to such premises owner, manager or lessor, COVERAGES A AND B of SECTION I — unless you have agreed in a written contract COVERAGES: for this insurance to apply on a primary or contributory basis. d. All reasonable expenses incurred by the K. ADDITIONAL INSURED— LESSOR OF LEASED insured at our request to,assist us in the EQUIPMENT investigation or defense of the claim or "suit", including actual loss of earnings up The following is added to SECTION II — WHO IS to $500 a day because of time off from AN INSURED: work. Any person or organization that is an equipment J. ADDITIONAL INSURED — OWNER, MANAGER lessor and that you have agreed in a written OR LESSOR OF PREMISES contract to name as an additional insured on this The following is added to SECTION II — WHO IS Coverage Part is an insured, but only with respect AN INSURED: to liability for "bodily injury", "property damage", An person or organization that is a "personal injury" or"advertising injury"that: Y p g premises owner, manager or lessor and that you have a. Is "bodily injury" or "property damage" caused agreed in a written contract to name as an by an "occurrence" that takes place, or additional insured on this Coverage Part is an "personal injury" caused by an offense that is Page 4 of 6 ©2016 The Travelers Indemnity Company.All rights reserved. CIS D3 79 01 16 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 committed, after you have signed that written M. ADDITIONAL INSURED — STATE OR contract; and POLITICAL SUBDIVISIONS — PERMITS b. Is caused, in whole or in part, by acts or RELATING TO OPERATIONS omissions of you or any person or The following is added to Paragraph 2. of organization performing operations on your SECTION II —WHO IS AN INSURED: behalf, in the maintenance, operation or use Any state or political subdivision that has issued a of equipment leased to you by such permit with respect to operations performed by equipment lessor. you or on your behalf is an insured, but only with The insurance provided to such equipment lessor respect to "bodily injury", "property damage", is subject to the following provisions: "personal injury" or "advertising injury" arising out of operations performed by you or on your behalf a. The limits of insurance provided to such for which that state or political subdivision has equipment lessor will be the limits which you issued such permit. However, no such state or agreed to provide in the written contract, or political subdivision is an insured for: the limits shown on the Declarations of this (1) "Bodilyinjury", "property damage", "personal a Coverage Part, whichever are less; and p p y p injury' or 'advertising injury" arising out of b. The insurance provided to such equipment operations performed for that state or political lessor does not apply: subdivision; or (1) To any "bodily injury" or "property (2) "Bodily injury" or "property damage" included damage" caused by an "occurrence" that within the "products — completed operations takes place, or "personal injury" caused hazard". by an offense that is committed, after the N. WHO IS AN INSURED — NEWLY ACQUIRED equipment lease expires; or OR FORMED ORGANIZATIONS (2) If the equipment is leased with an The following replaces Paragraph 4.a. of operator. SECTION II —WHO IS AN INSURED: c. The insurance provided to such equipment a. Coverage under this provision is afforded lessor is excess over any valid and collectible only: other insurance available to such equipment (1) Until the 180th day after you acquire or lessor, unless you have agreed in a written form the organization or the end of the contract for this insurance to apply on a policy period, whichever is earlier, if you primary or contributory basis. do not report such organization in writing L. ADDITIONAL INSURED — STATE OR to us within 180 days after you acquire or POLITICAL SUBDIVISIONS — PERMITS form it; or RELATING T O PREMISES (2) Until the end of the policy period, when The following is added to Paragraph 2. of that date is later than 180 days after you SECTION II —WHO IS AN INSURED: acquire or form such organizations, if you report such organization in writing to us Any state or political subdivision that has issued a within 180 days after you acquire or form permit in connection with premises owned or it. occupied by, or rented or loaned to, you, is an O. KNOWLEDGE AND NOTICE OF insured, but only with respect to "bodily injury", OCCURRENCE OR OFFENSE "property damage", "personal injury" or "advertising injury" arising out of the existence, The following is added to Paragraph 2., Duties In ownership, use, maintenance, repair, The Event of Occurrence, Offense, Claim Or construction, erection or removal of advertising Suit, of SECTION IV — COMMERCIAL signs, awnings, canopies, cellar entrances, coal GENERAL LIABILITY CONDITIONS: holes, driveways, manholes, marquees, hoist e. The following provisions apply to Paragraph away openings, sidewalk vaults, elevators, street a. above, but only for the purposes of the banners or decorations for which that state or insurance provided under this Coverage Part political subdivision has issued such permit. to you or any insured listed in Paragraph 1. or 2. of Section II —Who Is An Insured: CG D3 79 01 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 (1) Notice to us of such "occurrence" or of an health insurer. This applies only if you offense must be given as soon as subsequently give notice to us of the practicable only after the "occurrence" or "occurrence" or offense as soon as offense is known to you (if you are an practicable after any of the persons individual), any of your partners or described in Paragraphs e. (1) or (2) members who is an individual (if you are a above discovers that the "occurrence" or partnership or joint venture), any of your offense may result in sums to which the managers who is an individual (if you are insurance provided under the Coverage a limited liability company), any of your Part may apply. trustees who is an individual (if you are P. UNINTENTIONAL OMISSION a trust), any of your"executive officers" or directors (if you are an organization other The following is added to Paragraph 6., than a partnership, joint venture, limited Representations, of SECTION IV — liability company or trust), or any COMMERCIAL GENERAL LIABILITY "employee" (such as an insurance, loss CONDITIONS: control or risk manager or administrator) The unintentional omission of, or unintentional authorized by you to give notice of an error in, any information provided by you which "occurrence" or offense. we relied upon in issuing this policy will not Knowledge by any other "employee" of an prejudice your rights under this insurance. "occurrence" or offense does not imply However, this provision does not affect our right that you also have such knowledge. to collect additional premium or to exercise our (2) If you area rights of cancellation or nonrenewal in y partnership, joint venture, accordance with applicable insurance laws or limited liability company or trust, and regulations. none of your partners, joint venture members, managers or trustees are Q. WAIVER OF TRANSFER OF RIGHTS OF individuals, notice to us of such RECOVERY AGAINST OTHERS TO US WHEN "occurrence" or offense must be given as REQUIRED BY WRITTEN CONTRACT soon as practicable only after the The following is added to Paragraph 8., Transfer "occurrence" or offense is known by: of Rights of Recovery Against Others to Us, of (a) Any individual who is: SECTION IV — COMMERCIAL GENERAL (i) A partner or member of any LIABILITY CONDITIONS: partnership or joint venture; We waive any right of recovery we may have against any person or organization because of c(ii) manager of any limited liability payments we make for injury or damage arising company; out of premises owned or occupied by or rented (iii)A trustee of any trust; or or loaned to you; ongoing operations performed (iv)An executive officer or director of by you or on your behalf, done under a written any other organization; contract with that person or organization; "your work"; or "your products". We waive this right that is your partner, joint venture where you have agreed to do so as part of a member, manager or trustee; or written contract signed by you prior to loss. (b) Any "employee" authorized by such R. AMENDED INSURED CONTRACT DEFINITION partnership, joint venture, limited — RAILROAD EASEMENT liability company, trust or other organization to give notice of an 1. The following replaces Paragraph c. of the "occurrence" or offense. definition of "insured contract" in the (3) Notice to us of such "occurrence" or DEFINITIONS Section: offense will be deemed to be given as c. Any easement or license agreement; soon as practicable if it is given in good 2. Paragraph f.(1) of the definition of "insured faith as soon as practicable to your contract" in the DEFINITIONS Section is workers' compensation, accident, or deleted. Page 6 of 6 ©2016 The Travelers Indemnity Company.All rights reserved. CG D3 79 01 16 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: 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 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 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-9M677855-19-47 ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The Limits of Insurance shown in the Declarations are replaced by the following: LIMITS OF INSURANCE Total Aggregate Limit $ 8,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Project Aggregate Limit $ 2, 000,000 (Other Than Products-Completed Operations) General Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Products-Completed Operations Aggregate Limit $ 2,000,000 Personal and Advertising Injury Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Damage To Premises Rented to You Limit $ 1,000,000 Any One Premises Medical Expense Limit $ 10,000 Any One Person Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed and executed by you before the "bodily injury" or "property damage" occurs. Designated Locations: All locations listed in Item 3. of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this policy. CG D4 69 07 14 ©2014 The Travelers. Indemnity Company.All rights reserved. Page 1 of 4 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 PROVISIONS A. The following replaces SECTION III — LIMITS OF damage" included in the "products- INSURANCE: completed operations hazard". In- 1. a. The Limits of Insurance shown in the stead, the Products-Completed Op- Schedule above and the rules below fix erations Aggregate Limit shown in the the most we will pay regardless of the Schedule above and described in 3. number of: below applies to such damages. (1) Insureds; (4) The Designated Project Aggregate Limit does not apply to damages un- (2) Claims made or"suits" brought; der Coverage B. Instead, the General (3) Persons or organizations making Aggregate Limit shown in the Sched- claims or bringing "suits"; or ule above and described in 2. below (4) Designated "projects" or "locations" applies to such damages. shown in the Schedule above. (5) Any payments made for damages or b. The Total Aggregate Limit shown in the medical expenses to which the Des- Schedule above is the most we will pay ignated Project Aggregate Limit ap- for the sum of all amounts under the Des- plies shall reduce the Designated ignated Location Aggregate Limit and all Project Aggregate Limit for that des- amounts under the General Aggregate ignated project". Such payments Limit. This includes: shall not reduce the Total Aggregate Limit shown in the Schedule above, (1) Damages under Coverage A, except the General Aggregate Limit shown in damages because of"bodily injury" or the Schedule above and described in "property damage" included in the" 2. below, the Designated Project Ag- products-completed operations haz- gregate Limit for any other designat- ed "project" shown in the Schedule (2) Damages under Coverage B; and above or the Designated Location (3) Medical expenses under Coverage C. Aggregate Limit shown in the Sched- ule above. c. A Designated Project Aggregate Limit is d. Subject to the Total Aggregate Limit provided and is also shown in the Sched- ule above. The Designated Project Ag- shown in the Schedule above and de- gregate Limit is subject to all of the follow- scribed in b. above, a Designated Loca- ing provisions: tion Aggregate Limit is provided and is al- so shown in the Schedule above. The (1) The Designated Project Aggregate Designated Location Aggregate Limit is Limit is the most we will pay for the sum of: subject to all of the following provisions: (1) The Designated Location Aggregate (a) Damages under Coverage A be-cause of "bodily injury" and Limit is the most we will pay for the sum of: "property damage" caused by "occurrences"; and (a) Damages under Coverage A be- (b) Medical expenses under Cover- cause of "bodily injury" and "property damage" caused by age C for "bodily injury" caused "occurrences"; and by accidents; which can be attributed only to opera- (b) Medical expenses under Cover- tions at a single designated "project" age C for "bodily injury" caused shown in the Schedule above. by accidents; (2) The Designated Project Aggregate which can be attributed only to opera- Limit applies separately to each des- tions at a single designated "location" ignated "project". shown in the Schedule above. (3) The Designated Project Aggregate (2) The Designated Location Aggregate Limit does not apply to damages be- Limit applies separately to each des- cause of "bodily injury" or "property ignated "location". Page 2 of 4 ©2014 The Travelers.Indemnity Company.All rights reserved. CG D4 69 07 14 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 (3) The Designated Location Aggregate stead, the Products-Completed Opera- Limit does not apply to damages be- tions Aggregate Limit shown in the cause of "bodily injury" or "property Schedule above and described in 3. be- damage" included in the "products- low applies to such damages. completed operations hazard." In- c. Any payments made for damages or stead, the Products-Completed Op- medical expenses to which the General erations Aggregate Limit shown in the Aggregate Limit applies shall reduce both Schedule above and described in 3. the Total Aggregate Limit shown in the below applies to such damages. Schedule above and the General Aggre- (4) The Designated Location Aggregate gate Limit shown in the Schedule above. Limit does not apply to damages un- Such payments shall not reduce the Des- der Coverage B. Instead, the General ignated Project Aggregate Limit for any Aggregate Limit shown in the Sched- designated "project" shown in the Sched- ule above and described in 2. below ule above or the Designated Location applies to such damages. Aggregate Limit for any designated "loca- (5) Any payments made for damages or tion" shown in the Schedule above. medical expenses to which the Des- 3. If coverage for liability arising out of the ignated Location Aggregate Limit ap- "products-completed operations hazard" is plies shall reduce both the Total Ag- provided, the Products-Completed Operations gregate Limit shown in the Schedule Aggregate Limit shown in the Schedule above above and the Designated Location is the most we will pay under Coverage A for Aggregate Limit for that designated damages because of "bodily injury" or "prop- "location". Such payments shall not erty damage" included in the "products- reduce the General Aggregate Limit completed operations hazard". Any payments shown in the Schedule above and made for such damages shall reduce the described in 2. below, the Designated Products-Completed Operations Aggregate Project Aggregate Limit shown in the Limit shown in the Schedule above. Such Schedule above or the Designated payments shall not reduce the Total Aggre- Location Aggregate Limit for any oth- gate Limit shown in the Schedule above, the er designated "location" shown in the General Aggregate Limit shown in the Schedule above. Schedule above, the Designated Project Ag- 2. Subject to the Total Aggregate Limit shown in gregate Limit for any designated "project" the Schedule above and described in 1.b. shown in the Schedule above or the Desig- above, a General Aggregate Limit is provided nated Location Aggregate Limit for any des- and is also shown in the Schedule above. ignated "location" shown in the Schedule The General Aggregate Limit is subject to all above. of the following provisions: 4. Subject to the Total Aggregate Limit and the a. The General Aggregate Limit is the most General Aggregate Limit shown in the we will pay for the sum of: Schedule above and described in 1.b. and 2. above, the Personal and Advertising Injury (1) Damages under Coverage A be- Limit is the most we will pay under Coverage cause of "bodily injury" and "property B for the sum of all damages because of all damage" caused by "occurrences", "personal injury" and all "advertising injury" and medical expenses under Cover- sustained by any one person or organization. age C for "bodily injury" caused by accidents, which cannot be attributed 5. Subject to the Total Aggregate Limit and ei- only to operations at a single desig- ther the Designated Location Aggregate Limit nated "project" or "location" shown in or the General Aggregate Limit, subject to the the Schedule above; and Designated Project Aggregate Limit or subject under Coverage B. to the Products-Completed Operations Ag- (2) Damages 9 g gregate Limit, shown in the Schedule above b. The General Aggregate Limit does not and described in 1. b., 1.c, 1.d., 2. and 3. apply to damages for "bodily injury" or above, whichever apply or applies, the Each "property damage" included in the "prod- Occurrence Limit is the most we will pay for ucts-completed operations hazard." In- the sum of: CG D4 69 07 14 ©2014 The Travelers.Indemnity Company.All rights reserved. Page 3 of 4 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 a. Damages under Coverage A; and tional period of less than 12 months. In that case, b. Medical expenses under Coverage C the additional period will be deemed part of the last preceding period for purposes of determining because of all "bodily injury" and "property the Limits of Insurance. damage" arising out of any one "occurrence". B. The following is added to the DEFINITIONS Sec- 6. Subject to the Each Occurrence Limit shown tion: in the Schedule above and described in S. above, the Damage To Premises Rented To "Location" means any premises owned by or You Limit is the most we will pay under Cov- rented to you shown in the Schedule above. For erage A for damages because of "property the purposes of determining the applicable ag- damage" to any one premises, while rented to gregate limit of insurance, each "location" that in- you, or in the case of damage by fire, while cludes a premises involving the same or connect- rented to you or temporarily occupied by you ing lots, or premises whose connection is inter- with permission of the owner. rupted only by a street, roadway or waterway, or by a right-of-way of a railroad, shall be considered 7. Subject to the Each Occurrence Limit shown a single "location". in the Schedule above and described in S. "Project" means an , from above, the Medical Expense Limit is the most y area away premises we will pay under Coverage C for all medical owned by or rented to you, shownn in the schedule expenses because of"bodily injury" above at which you are performing operations ex P y ) ry" sustained pursuant to a contract or agreement. For the pur- poses of determining the applicable aggregate The Limits of Insurance of this Coverage Part ap- limit of insurance, each "project" that includes a ply separately to each consecutive annual period premises involving the same or connecting lots, and to any remaining period of less than 12 or premises whose connection is interrupted only months, starting with the beginning of the policy by a street, roadway or waterway, or by a right-of- period shown in the Declarations, unless the poli- way of a railroad, shall be considered a single cy period is extended after issuance for an addi- "project". Page 4 of 4 ©2014 The Travelers. Indemnity Company.All rights reserved. CG D4 69 07 14 COMMERCIAL GENERAL LIABILITY POLICY: 6809M677855 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 II — "us" 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 I—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 II— 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- rence" or claim: (2) Our right and duty to defend ends when (1) Reports all, or any part, of the "bodily in- we have used up the applicable limit of insurance in the payment of judgments or jury" "property damage" to us or any in 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 POLICY: 6809M677855 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 miums paid for the policy period is greater placed on the Internet or on similar electronic 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- By accepting this policy, you agree: cluding any attached machinery or equipment. 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 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. CG2037 This endorsement modifies insurance provided under the following: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 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 for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED 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" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK"AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 CG T8 02 01 19 Page 1 of 1 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: A. If we cancel this policy for an statutorily B. If we decide to not renew this policy for any statu- e Y Y y 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-lation to the person or organization shown in the organization shown in the schedule above. Wewill mail such notice to the address shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the schedule above at least the number of daysshown for nonrenewal in the schedule above be- number of days shown for cancellation in the schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 Berkley Insurance Company Page 1 of 1 Notice of Cancellation to Certificate Holder(s) Endorsement In consideration of the premium paid for this Policy, it is understood and agreed that Section VII, Conditions, H. Notice of Cancellation, is amended by adding the following provision: In the event this Policy is to be cancelled by you or by us, we agree to give thirty (30) days prior notice to the certificate holder(s)with mailing addresses on file with the agent of record. This provision does not apply if cancellation is due to nonpayment of premiums to us or to a finance company authorized to cancel this Policy. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to the Policy Period stated in Declarations, Item 2. Failure to provide such notice to the certificate holder(s)will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us or our agents or representatives. Whenever printed in this Endorsement,the boldface type terms shall have the same meanings as indicated in the Policy Form.All other provisions of the Policy remain unchanged. Insured Policy Number KPG PS dba KPG Inc. AEC-9025794-01 Effective Date of This Endorsement Authorized Representative 03/29/2019 2-BDP0713130(07-13) 26963-9025794-58514 Policy Form:BDP0417001 (04-17)