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HomeMy WebLinkAboutCAG2019-426 - Original - Applied Professional Services, Inc. - HCM5 Summitt-Landsburg Road Culvert Replacement - 11/13/2019 Agreement Routing Form KEN T For Approvals, Signatures and Records Management W A$H IN G TON 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 Chris Wadsworth Department: Public Works Date Sent: 11/14/19 Date Required: 11/18/19 �v Authorized Director or Designee Date of 0 N/A CL to Sign: Council Cl. 1:1Mayor Approval: Budget W20005 Grant? Yes ❑✓ No Account Number: Type: N/A Vendor or Name: Applied Professional Services, Inc. Cate 9 y: Contract C Vendor 37352 Sub-Category 0 Number: MProject HCM5 Summit-Landsburg Road Culvert Replacement E Name: 0 = Project Details: c Verify utilities at test-hole locations. E Agreement $7,708 Basis for 0 Amount. Selection of L Contractor. as eC Start Date: 11/13/19 Termination Date: 12/31/19 Notice required prior to Yes No Contract Number: CAG2019-426 disclosure? Date Received by City Attorney: Comments: M c 3 0 N i i+ tp _C Date Routed to the Mayor's Office: NI d Date Routed to the City Clerk's Office: a Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 40500*��. KENT WISHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Applied Professional Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Applied Professional Services, Inc. organized under the laws of the State of Washington, located and doing business at 43560 SE North Bend Way, North Bend, WA 98045, Phone: (425) 888-2590, Contact: Chris Dunham (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall verify utilities at selected test-hole locations for the HCMS Summit- Landsburg Road Culvert Replacement Project. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seven Thousand, Seven Hundred Eight Dollars ($7,708), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall be paid after execution of agreement and submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. WSST) A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 3. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email_. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITYQF KENT: t (signature} ( gnature) Print Ine �i�L•t� _ >l u a Print Name: Timothy J. LaPorte, P.E. Its: Its: P blic W rks Director `(title) q DATE: If DATE: Ll l✓? zD�/ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chris Dunham Timothy J. LaPorte, P.E. Applied Professional Services, Inc. City of Kent 43560 SE North Bend Way 220 Fourth Avenue South North Bend, WA 98045 Kent, WA 98032 (425) 888-2590 (telephone) (253) 856-5500 (telephone) i N/A (facsimile) (253) 856-6500 (facsimile) ATTE T: N Z Kent City Cleric Applied PmfessWnai Se-kes-HCMS Samrttft-Landsbura(Wadsworth GOODS &SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing bel w, I agree to fulfill the five requirements referenced above. B For: > Ad, Title: -.` - Date: — — EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A APPLIED PROFESSIONAL SERVICES, INC October 31, 2019 APS PROJECT NUMBER 5259 VAC 1. Project Scope APS, Inc.will utilize our Air Vacuum Excavation System to verify utilities at selected test-hole locations determined by City of Kent.This process is being performed to obtain utility and depth information for the project's design. • APS, Inc. shall air vacuum excavate approximately (4)test-holes to obtain depth for engineering design. • Scope is based on the assumption that the utility will be between 0' and 10' in depth. • All test-holes at time of scope will be located in both the hard and soft surface area of the existing ROW. • APS, Inc. shall backfill all test-holes with a material approved by City of Kent(5/8" select or native fill). • CDF backfill is excluded from this scope. In the event that City of Kent requires CDF backfill additional fees will be required. • All test-holes will be located by 811 and confirmed by the lead vacuum truck tech. • This estimate is based on design engineering rates and not prevailing wage rates. If prevailing wage is required to be paid additional fees will be required to cover this cost. • All test-holes carry a (2) year warranty from sinking or cupping greater than 1"from existing surface grade. • Should City of Kent require additional restoration, other than what is included in the scope, then additional fees will be required. • All TCP and permit swill be submitted by APS, Inc. but all fees associated with the permit are assumed to be at NO-FEE for all City of Kent permits and charged for King County. • The assumed start date for this project is the week of November 18th thru November 22"d 2. Deliverables A. Test-hole data sheets, which include Top, Bottom, Width, Diameter and Direction of the utility. B. Excel spread sheet containing all test-hole data for the project. C. Hub with measurements stamped into it left at grade. D. Photo of the site the test-hole was done and utilities found for every test-hole location. 1 3. Project Cost Breakdown: SERVICE PROVIDED COST I UNIT EST. HRSIUNITS TOTAL COST VACUUM TRUCK(portal-to-portal) $ 265.00 8 $ 2,120.00 PROJECT COORDINATION $ 95.00 6 $ 570.00 TCP DEVELOPMENT(per-sheet) $ 125.00 2 $ 250.00 FLAGGING & TC (plus 5%) $ 145.00 8 " $ 1,218,00 SOIL DISPOSAL (per-hole) $ 10.00 4 $ 40.00 PERMIT FEES $ 1,250.00 1 $ 1,250.00 KING COUNTY PERMIT FEES $ 1,600,00 1 $ 1,600.00 ASPHALT CORING $ 165,00 4 $ 660.00 TOTAL PROJECT ESTIMATE $ 7,708.00 4. Cost Terms: A. The project cost is based on the estimated number of hours it will take to perform the Scope of Work. B. In the event the project scope increases a revised project cost will be submitted. C. APS, Inc. will require a written authorization to proceed or a signature on the block below prior to any project start-up. 5. Project Site Address • Summit Landsburg Road & Rock Creek, Kent, WA 6. Contact Information: CLIENT City of Kent: Environmental Engineering Chris Wadsworth, CFM, CD 220 Fourth Avenue South Kent, WA 98032 (253) 856-5580 2 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 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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 Contractor 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#: 121531 APPLPROF DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/18/2018 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 NAMEACT Lauri Margeson Propel Insurance PHONE g00 499-0933 FAX,No): 866 577-1326 A/C,No,E.t (Alc Tacoma Commercial Insurance E-MAIL Lauri.Mar ro elinsurance.com 1201 Pacific Ave,Suite 1000 son ADDRESS: g �ppINSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402 INSURER A:Western National Assurance Company 24465 INSURED INSURER B:Underwriters At Lloyd's London 15792 Applied Professional Services Inc INSURER CWestern National Mutual Insurance Co. 15377 43530 SE North Bend Way INSURER D North Bend,WA 98045-9289 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY CPP119844900 10/23/2018 10/23/2019 EACH OCCURRENCE $1 OOO 000 CLAIMS-MADE a OCCUR PREMISES(E.ocicurrDence $100 000 X PD Ded:5,000 MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- LOC PRODUCTS-COMP/OPAGG $2,000,000 JECT POLICY OTHER: $ C AUTOMOBILE LIABILITY CPP1197750 10/23/2018 10/23/201 EOa acccd.nIINEDSINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PE DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per ROP acciRTY dent A X UMBRELLA LIAB X OCCUR UMB1033390 10/23/2018 10123/2019 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,0001000 DED I X RETENTION$1 O 000 $ WORKERS COMPENSATION PER OTH- TUTE AND EMPLOYERS'LIABILITY IER A ANY PROPRIETOR/PARTNER/EXECUTIVE CPP119844900 10/23/2018 10/23/201 E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) (Stop Gap) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liab PGIARK0550903 10/23/2018 10/23/2019 $1,000,000/$10,000 Died. B Pollution Liab PGIARK0550903 10/23/2018 10/23/2019 $1,000,000/$5,000 Died. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This certificate holder is added as a non-contributory additional insured for general livability as respects their interests in the operations of the named insured per the attached endorsments. DJT CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 W Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S3407192/M3406951 LLM00 This page has been left blank intentionally. Western National Assurance Company Policy Number: CPP 1196449 00 9706 4th Avenue NE, Ste 200 POLICY DECLARATION Seattle, WA 981 1 5-21 62 Named Insured: www.wnins.com APPLIED PROFESSIONAL SERVICES FORMS AND ENDORSEMENTS SCHEDULE Coverage Line Form Number Ed. Date Description Commercial Fire IL0123 (11/13) WA Changes - Defense Costs j Commercial Fire IL0146 (08/10) WA Common Policy Conditions Commercial Fire IL0157 (07/02) WA Changes Actual Cash Value j Commercial Fire IL0935 (07/02) Excl of Certain Computer Relat Commercial Fire IL0953 (01/15) Exclusion of Cert Acts Terror Commercial Fire IL0983 (01/08) WA Amendment of Terrorism Excl Commercial Fire CP0010 (10/12) Bldg and Pere Prop Cvg Form Commercial Fire CP0090 (07/88) Commercial Property Conditions Commercial Fire CP0126 (10/12) WA Changes Commercial Fire CP0140 (07/06) Excl Loss due to Virus or Bact Commercial Fire CP0160 (12/98) WA Chgs-Domestic Abuse Commercial Fire CP0179 (10/12) WA Changes-Excl Causes of Loss Commercial Fire CP1030 (10/12) Cause of Loss - Special Form Commercial Fire CP1220 (10/12) Loss Payable Provisions - WA Commercial Fire WNCP01 (12/14) Property Enhancement Endt Commercial Fire WNCP08 (10/16) Equipment Breakdown Coverage Commercial Fire WNCP10 (10/16) Equipment Breakdown Schedule Commercial Fire WNCP15 (10/16) WA Amendatory Endorsement General Liability IL0017 (11/98) Common Policy Conditions General Liability IL0021 (09/08) Nuclear Energy Liab Excl Endr General Liability IL0123 (11/13) WA Changes - Defense Costs General Liability IL0142 (09/08) OR Changes-Domestic Partner General Liability IL0146 (08/10) WA Common Policy Conditions General Liability IL0198 (09/08) Nuclear Energy Liab Excl Endt General Liability IL0279 (09/08) OR Changes General Liability WNIL09 (06/16) Automatic Termination Provisio General Liability CG0001 (04/13) Comml Gen Liab Coverage Form General Liability CGO197 (12/07) WA Chgs-Empl-Related Practices General Liability CG0300 (01/96) Deductible Liability Insurance General Liability CG0435 (12/07) Employee Benefits Liab Cc General Liability CG0442 (11/03) Stop Gap-Employers Liab-WA General Liability CG0450 (05/08) WA Changes - Who Is An Insured General Liability CG2106 (05/14) Excl-Access or Disclosure General Liability CG2109 (06/15) Exclusion-Unmanned Aircraft General Liability CG2116 (04/13) Excl-Designated Prof Service General Liability CG2118 (10/17) Oregon - Marijuana Exclusion General Liability CG2149 (09/99) Total Pollution Excl Endorse General Liability CG2160 (09/98) Excl-Yr 2000 Computer Rel & Ot General Liability CG2175 (01/15) Excl CAT and Other Outside US General Liability CG2426 (04/13) Amendment of Ins. Contract Def General Liability CG2503 (05/09) Designated Construction Proj General Liability WNGL02 (07/10) Punitive Damages Exclusion General Liability WNGL10 (01/04) Excl.-Lead Liability Endt General Liability WNGL104 (03/16) Cyber Liability ✓General Liability WNGL139 (06/18) Addl Insd-Contractors-Ops And General Liability WNGL15 (12/16) Exclusion-Asbestos General Liability WNGL21 (07/14) Abuse or Molestation Excl ✓General Liability WNGL39 (08/18) Comm Gen Li.ab Enhancement Endt Issued Date: 10/25/2018 WN IL 26 07 07 INSURED COPY Page 17 of 18 Western National Mutual Insurance Company Policy Number: CPP 1197750 00 4700 West 77th Street POLICY DECLARATION Edina, MN 55435 Named Insured: www.wnins.com APPLIED PROFESSIONAL SERVICES FORMS AND ENDORSEMENTS SCHEDULE Coverage Line Form Number Ed. Date Description Commercial Auto IL0017 (11/98) Common Policy Conditions Commercial Auto IL0021 (09/08) Nuclear Energy Liab Excl Endr Commercial Auto IL0123 (11/13) WA Changes - Defense Costs Commercial Auto IL0142 (09/08) OR Changes-Domestic Partner Commercial Auto IL0146 (08/10) WA Common Policy Conditions Commercial Auto IL0198 (09/08) Nuclear Energy Liab Excl Endt Commercial Auto IL0279 (09/08) OR Changes Commercial Auto WNIL09 (06/16) Automatic Termination Provisio Commercial Auto CA0001 (10/13) Business Auto Coverage Form Commercial Auto CA0135 (10/13) WA Changes Commercial Auto CA0149 (10/13) OR Changes Commercial Auto CA2105 (01/16) OR Uninsured Motorists Cvg Commercial Auto CA2134 (10/13) Washington Under.insured Motor Commercial Auto CA2386 (10/13) Excl of Terr Abv MN State Lmts Commercial Auto CA2392 (10/13) WA-Exclusion of Terrorism Commercial Auto CA9903 (10/13) Auto Medical Payments Coverage Commercial Auto WNCA11 (07/10) Punitive Damage Exclusion /Commercial Auto WNCA27 (06/16) Business Auto Enhancement Endt Commercial Auto WNCA43 (06/16) Abuse Or Molestation Exclusion Commercial Auto WNCA66 (09/16) OR Personal Injury Protection Commercial Auto WNCA72 (12/16) Exclusion - Asbestos Issued Date: 10/25/2018 WN IL 26 07 07 INSURED COPY Page 13 of 13 COMMERCIAL GENERAL LIABILITY WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured—Operations (2) That portion of "your work" out of which A. Section II—Who Is An Insured is amended the injury or damage arises has been put to include as an additional insured: to its intended use by any person or or- ganization other than another contractor (1) Any person or organization for whom you or subcontractor engaged in performing are performing operations when you and operations for a principal as a part of the such person or organization have agreed in writing in a contract or agreement that same project. such person or organization be added as 2. Additional Insured—Completed Operations an additional insured on your policy; and A. Section II —Who Is An Insured is amended (2) Any other person or organization you are to include as an additional insured: required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed Such person(s) or organization(s) is an add- in writing in a contract or agreement that tional insured only with respect to liability for such person or organization be added as "bodily injury", "property damage" or "per- an additional insured on your policy; and sonal and advertising injury"caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured a. Your acts or omissions; or under the contract or agreement de- b. The acts or omissions of those acting on scribed in Paragraph 1. above. your behalf; Such person(s) or organization(s) is an addi- in the performance of your ongoing opera- tional insured only with respect to liability for tions for the additional insured. "bodily injury", "property damage" or "per- sonal and advertising injury"caused, in whole B. With respect to Additional Insured - Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insurance does not apply to "bodily in- b. The acts or omissions of those acting on jury" or"property damage" occurring after: your behalf; (1) All work, including materials, parts or and included in the "products-completed op- equipment furnished in connection with erations hazard". such work, on the project(other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. B. With respect to Additional Insured — Com- D. With respect to the insurance afforded to pleted Operations,coverage is limited as fol- these additional insureds, the following is lows: added to Section III—Limits Of Insurance: (1) A person or organization's status as an in- If coverage provided to the additional insured sured under Additional Insured — Com- is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con- insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or insured does not apply to "bodily injury", (2) The Limits of Insurance shown in the Dec- "property damage" or "personal and ad- larations; vertising injury" arising out of"your work" whichever is less. for which a consolidated (wrap-up) insur- ance program has been provided by the This endorsement shall not increase the ap- prime contractor-project manager or plicable Limits of Insurance shown in the Dec- owner of the construction project in which larations. you are involved. E. With respect to the insurance afforded to 3. Primary and Noncontributory these additional insureds, the following addi- The following is added to the Other Insurance tional exclusion applies: Condition and supersedes any provision to the This insurance does not apply to: contrary: "Bodily injury", "property damage" or "per- Primary And Noncontributory Insurance sonal and advertising injury"arising out of the This insurance is primary to and will not seek con- rendering of, or the failure to render, any pro- tribution from any other insurance available to an fessional architectural, engineering or survey- additional insured under your policy provided that: ing services, including: (1) The additional insured is a Named Insured un- (1) The preparing, approving, or failing to der such other insurance; and prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional engineering activities. insured. 4. Other Provisions Applicable to Additional In- This exclusion applies even if the claims sured — Operations and Additional Insured — against an additional insured allege negli- Completed Operations gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- others by that insured, if the "occurrence" tion (Endorsement CG 24 26) does not apply which caused the "bodily injury" or "property to an additional insured. damage", or the offense which caused the B. The coverage provided under Paragraph f. of "personal and advertising injury', involved the the definition of"insured contract" under Sec- rendering of or failure to render any profes- tion V—Definitions does not apply to an ad- sional services by you with respect to your ditional insured under this endorsement un- providing engineering,architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement,the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERICAL GENERAL LIABILITY W N GL 39 08 18 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet ...............................................................................2 Property Damage Liability • Elevators..........................................................................................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception ..................................................3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence .................................................................................3 Supplementary Payments — Amended • Bail Bonds Up To $5,000...................................................................................................4 • Loss of Earnings Up To $500/Day .....................................................................................4 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee.........................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days ...........................................4 • Blanket Additional Insured —Vendors—As Required By Contract ........................................4 • Blanket Additional Insured—Lessor Of Leased Equipment..................................................6 • Blanket Additional Insured —Managers Or Lessors Of Premises..........................................6 • Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations .........................................................7 • Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises ........................8 Damage To Premises Rented To You — $300,000.........................................................................9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations...........................9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended...............................................9 • Unintentional Failure To Disclose Hazards .........................................................................9 • Waiver of Subrogation..................................................................................................... 10 InsuredContract Amended..........................................................................................................10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication ............................................................... 10 W N GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY WNGL390818 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I— COVERAGES AMENDMENTS (3) Parking an "auto" on, or on the ways next to, COVERAGE A — BODILY INJURY AND PROPERTY premises you own or rent, provided the"auto" DAMAGE LIABILITY is not owned by or rented or loaned to you or the insured; A. Non Owned Aircraft Or Watercraft (4) Liability assumed under any "insured con- Item 2. Exclusions, Paragraph g. is replaced by the tract" for the ownership, maintenance or use following: of aircraft or watercraft; or g. Aircraft, Auto Or Watercraft (5) "Bodily injury" or "property damage" arising "Bodily injury" or"property damage" arising out of out of: the ownership, maintenance, use or entrustment (a) The operation of machinery or equipment to others of any aircraft, "auto' or watercraft that is attached to, or part of, a land owned or operated by or rented or loaned to any vehicle that would qualify under the insured. Use includes operation and "loading or definition of"mobile equipment" if it were unloading". not subject to a compulsory or financial This exclusion applies even if the claims against responsibility law or other motor vehicle any insured allege negligence or other wrong- insurance law where it is licensed or doing in the supervision, hiring, employment, principally garaged; or training or monitoring of others by that insured, if (b) The operation of any of the machinery or the `occurrence" which caused the "bodily injury" equipment listed in Paragraph f. (2) or f. or "property damage" involved in the ownership, (3) of the definition of "mobile equip- maintenance, use or entrustment to others of any ment". aircraft, "auto' or watercraft that is owned or B. Damage To Property Coverage Extensions operated by or rented or loaned to any insured. Item 2. Exclusions, Paragraph j. is replaced by the This exclusion does not apply to: following: (1) A watercraft while ashore on premises you j. Damage To Property own or rent; (2) A watercraft you do not own that is: "Property damage" to: (a) Less than 50 feet long; and (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or (b) Not being used to carry persons or prop- any other person, organization or entity, for erty for a charge; repair, replacement, enhancement, restora- This Subparagraph (2) applies to any person, tion or maintenance of such property for any who with your expressed or implied consent, reason, including prevention of injury to a either uses or is responsible for the use of the person or damage to another's property; watercraft; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 2 of 10 (3) Property loaned to you; The insurance provided for "property damage" from (4) Personal property in the care, custody or con- the use of elevators and for "property damage" to trol of the insured; borrowed equipment is excess over any other valid (5) That particular part of real property on which and collectible property insurance (including any de- you or any contractors or subcontractors ductible portion thereof) available to the insured working directly or indirectly on your behalf whether primary, excess, contingent or on any other are performing operations, if the "property basis. damage" arises out of those operations; or C. Damage To Premises Rented To You (6) That particular part of any property that must Item 2. Exclusions, the last paragraph is replaced by be restored, repaired or replaced because the following: ,.your work" was incorrectly performed on it. Exclusions c. through n. do not apply to damage by Paragraphs (1), (3) and (4) of this exclusion do not fire, lightning, explosion or sprinkler leakage to apply to "property damage" (other than damage by premises while rented to you or temporarily occupied fire, lightning, explosion or sprinkler leakage) to by you with permission of the owner. A separate limit premises, including the contents of such premises, of insurance applies to this coverage as described in rented to you for a period of seven or fewer Paragraph 6. of SECTION III — LIMITS OF consecutive days. A separate limit of insurance INSURANCE. applies to Damage To Premises Rented To You as described in SECTION III—LIMITS OF INSURANCE. COVERAGE B — PERSONAL AND ADVERTISING However, the provisions of this paragraph do not INJURY LIABILITY apply if coverage for Damage To Premises Rented To You is excluded by endorsement. D. Personal And Advertising Injury Paragraph (2) of this exclusion does not apply if the Item 2. Exclusions is amended by replacing Sub- premises are "your work" and were never occupied, rented or held for rental by you. b. Material Published With Knowledge Of Falsity Paragraphs (3) and (4) of this exclusion do not apply "Personal and advertising injury" arising out of to the use of elevators. oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by Paragraphs (3), (4), (5) and (6) of this exclusion do or at the direction of the insured with knowledge not apply to liability assumed under a sidetrack of its falsity. agreement. c. Material Published Prior To Policy Period Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of "property damage" to borrowed equipment while not oral, written, televised, videotaped or electronic being used to perform operations at the jobsite. publication, in any manner, of material whose first Subject to Paragraph 2. of SECTION III—LIMITS OF publication took place before the beginning of the INSURANCE, the rules below fix the most we will pay policy period. for "property damage" under this provision: (1) $25,000 any one `occurrence", regardless of the SUPPLEMENTARY PAYMENTS —COVERAGES A number of persons or organizations who sustain AND B damages because of that `occurrence"; E. Supplementary Payments—Coverages A and B (2) $50,000 annual aggregate; and Item 1. is amended by replacing Subparagraphs b. (3) We will pay only for damages in excess of$2,500 and d. with the following: as a result of any one `occurrence", regardless of b. Up to $5,000 for cost of bail bonds required be- the number of persons or organizations who cause of accidents or traffic law violations arising sustain damages because of that 'occurrence". out of the use of any vehicle to which the Bodily We may, or if required by law, pay all or any part Injury Liability Coverage applies. We do not have of any deductible amount, if applicable, to effect to furnish these bonds. settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall d. All reasonable expenses incurred by the insured promptly reimburse us for the part of the at our request to assist us in the investigation or deductible amount we paid. defense of the claim or"suit", including actual loss Paragraph (6) of this exclusion does not apply to of earnings up to $500 a day because of time off from work. "property damage" included in the "products-com- pleted operations hazard". WN GL 39 08 18 Includes copyrighted material of the Insurance Service office, Inc.,with its permission. Page 3 of 10 SECTION II—WHO IS AN INSURED AMENDMENTS The following are added: A. Employee Bodily Injury To A Co-Employee C. Blanket Additional Insured — Vendors — As Re- Paragraph 2. a. (1) is replaced by the following: quired By Contract However, none of these "employees" or "volunteer 1. Section II — Who Is An Insured is amended to workers" are insureds for "bodily injury" or "personal include as an additional insured any person(s) or and advertising injury": organization(s) (referred to throughout this (a) To you, to your partners or members (if you are a endorsement as vendor) with whom you have partnership or joint venture), to your members (if agreed in a written contract, executed prior to you are a limited liability company), to a co- loss, to name as an additional insured, but only with respect to "bodily injury" or "property "employee" while in the course of his or her damage" arising out of"your products" which are employment or performing duties related to the conduct of your business, or to your other distributed or sold in the regular course of the "volunteer workers" while performing duties vendor's business. related to the conduct of your business; However, (b) To the spouse, child, parent, brother or sister of a. The insurance afforded to such vendor only the co-"employee" or "volunteer worker" as a applies to the extent permitted by law; and consequence of Paragraph (1)(a) above; b. If coverage provided to the vendor is required (c) For which there is any obligation to share by a contract or agreement, the insurance damages with or repay someone else who must afforded to such vendor will not be broader pay damages because of the injury described in than that which you are required by the Paragraph (1)(a) or (b) above; or contract or agreement to provide for such (d) Arising out of his or her providing or failing to vendor. provide professional health care services. 2. With respect to the insurance afforded to these However, if a suit seeking damages for "bodily injury" vendors, the following additional exclusions or "personal and advertising injury" to any co- apply: "employee" or other "volunteer worker" arising out of a. The insurance afforded the vendor does not and in the course of the co-"employee's" or"volunteer apply to: worker's" employment or while performing duties (1) "Bodily injury" or "property damage" for related to the conduct of your business, or a suit which the vendor is obligated to pay dam- seeking damages brought by the spouse, child, ages by reason of the assumption of parent, brother or sister of the co-"employee" or other liability in a contract or agreement. This "volunteer worker", is brought against you or a co- exclusion does not apply to liability for "employee" or a "volunteer worker", we will reimburse damages that the vendor would have in the reasonable costs that you incur in providing a the absence of the contract or defense to the co-"employee" or "volunteer worker" agreement; against such matters. Any reimbursement made (2) Any express warranty unauthorized by pursuant to this sub-section will be in addition to the you; limits of liability set forth in the Declarations. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the vendor; Paragraph 3. a. is replaced by the following: (4) Repackaging, except when unpacked a. Coverage under this provision is afforded only solely for the purpose of inspection, until the 180th day after you acquire or form the demonstration, testing, or the organization or the end of the policy period, substitution of parts under instructions whichever is earlier; from the manufacturer, and then repackaged in the original container; W N GL 39 08 18 Includes copyrighted material of the Insurance Service office, Inc.,w ith its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course If coverage provided to the vendor is required by of business, in connection with the a contract or agreement, the most we will pay on distribution or sale of the products; behalf of the vendor is: (6) Demonstration, installation, servicing or repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of b. The Limits of Insurance shown in the the product; Declarations; (7) Products which, after distribution or sale whichever is less. by you, have been labeled or relabeled or used as a container, part or ingredient of This endorsement shall not increase the any other thing or substance by or for the applicable Limits of Insurance shown in the vendor; or Declarations. (8) "Bodily injury or "property damage" 5. With respect to the insurance afforded to these arising out of the sole negligence of the additional insureds, the following additional vendor for its own acts or omissions or exclusion applies: those of its employees or anyone else This insurance does not apply to: acting on its behalf. However, this exclusion does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out (i) The exceptions contained in of the rendering of, or the failure to render, Subparagraphs (4) or (6); or any professional architectural, engineering or (ii) Such inspections, adjustments, tests surveying services, including: or servicing as the vendor has (1) The preparing, approving, or failing to agreed to make or normally prepare or approve, maps, shop undertakes to make in the usual drawings, opinions, reports, surveys, course of business, in connection field orders, change orders or drawings with the distribution or sale of the and specifications; or products. 2( ) Supervisory, ry, inspection, architectural or 3. This Provision C. does not apply: engineering activities. a. To any insured person or organization from This exclusion applies even if the claims whom you have acquired such products, or against an additional insured allege any ingredient, part or container, entering negligence or other wrongdoing in the into, accompanying or containing such supervision, hiring, employment, training products; or monitoring of others by that insured, if b. To any vendor for which coverage as an addi- the "occurrence" which caused the tional insured specifically is scheduled by "bodily injury" or "property damage", or endorsement; or the offense which caused the "personal c. When liability included within the "products- and advertising injury", involved the completed operations hazard" has been ex- rendering of or failure to render any cluded for such product either by the provi- professional services by you with respect sions of the coverage part or by endorse- to your providing engineering, ment. architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted material of the Insurance Service office, Inc.,with its permission. Page 5 of 10 4. With respect to the insurance afforded to these D. Blanket Additional Insured — Lessor Of Leased additional insureds, the following additional Equipment exclusion applies: 1. Section II — Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease equipment a. "Bodily injury", "property damage" or when you and such person(s) or organization(s) "personal and advertising injury" arising out have agreed in writing in a contract or agreement, of the rendering of, or the failure to render, executed prior to loss, that such person(s) or any professional architectural, engineering or organization(s) be added as an additional insured surveying services, including: on your policy. Such person(s) or organization(s) (1) The preparing, approving, or failing to is an insured only with respect to liability for prepare or approve, maps, shop "bodily injury", "property damage" or "personal drawings, opinions, reports, surveys, and advertising injury"caused, in whole or in part, field orders, change orders or drawings by your maintenance, operation or use of and specifications; or equipment leased to you by such person(s) or 2 organization(s). ( ) Su perviso ry, inspection, architectural or engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or b. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the"bodily injury" provide for such additional insured. or "property damage", or the offense which A person's or organization's status as an addi- caused the "personal and advertising injury", tional insured under this endorsement ends when involved the rendering of or failure to render their contract or agreement with you for such any professional services by you with respect leased equipment ends. to your providing engineering, architectural or 2. With respect to the insurance afforded to these surveying services in your capacity as an additional insureds, this insurance does not apply engineer, architect or surveyor. to any "occurrence" which takes place after the E. Blanket Additional Insured — Managers Or Les- equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section II — Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) or Section III—Limits Of Insurance: organization(s) with whom you have agreed in a If coverage provided to the additional insured is written contract, executed prior to loss, to name required by a contract or agreement, the most we as an additional insured, but only with respect to will pay on behalf of the additional insured is: liability arising out of the ownership, maintenance a. The minimum amount required by the or use of that part of the premises leased to you, contract or agreement; or subject to the following additional exclusions: b. The Limits of Insurance shown in the This insurance does not apply to: Declarations; a. Any"occurrence" which takes place after you whichever is less. cease to be a tenant in that premises. This endorsement shall not increase the b. Structural alterations, new construction or applicable Limits of Insurance shown in the demolition operations performed by or on Declarations. behalf of such additional insured. WN GL 39 08 18 Includes copyrighted material of the Insurance Service office, Inc.,with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or Political insured only applies to the extent permitted Subdivision —Permits Or Authorizations by law; and Section II — Who Is An Insured is amended to in- b. If coverage provided to the additional insured clude as an additional insured any state or is required by a contract or agreement, the governmental agency or subdivision or political insurance afforded to such additional insured subdivision with whom you have agreed in a written will not be broader than that which you are contract, executed prior to loss, to name as an required by the contract or agreement to additional insured, subject to the following provisions: provide for such additional insured. 1. This insurance applies only with respect to op- 2. With respect to the insurance afforded to these erations performed by you or on your behalf for additional insureds, the following is added to which the state or governmental agency or sub- Section III—Limits Of Insurance: division or political subdivision has issued a If coverage provided to the additional insured is permit or authorization. required by a contract or agreement, the most we However: will pay on behalf of the additional insured is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional insured Declarations; is required by a contract or agreement, the insurance afforded to such additional insured whichever is less. will not be broader than that which you are This endorsement shall not increase the required by the contract or agreement to applicable Limits of Insurance shown in the provide for such additional insured. Declarations. 2. This insurance does not apply to: 3. With respect to the insurance afforded to these a. "Bodily injury", "property damage" or "per- additional insureds, the following additional sonal and advertising injury" arising out of op- exclusion applies: erations performed for the federal govern- This insurance does not apply to: ment, state or municipality; or a. "Bodily injury", "property damage" or b. "Bodily injury" or "property damage" included "personal and advertising injury" arising out within the "products-completed operations of the rendering of, or the failure to render, hazard". any professional architectural, engineering or 3. With respect to the insurance afforded to these surveying services, including: additional insureds, the following is added to (1) The preparing, approving, or failing to Section III—Limits Of Insurance: prepare or approve, maps, shop If coverage provided to the additional insured is drawings, opinions, reports, surveys, required by a contract or agreement, the most we field orders, change orders or drawings will pay on behalf of the additional insured is: and specifications; or (2) Supervisory, inspection, architectural or a. The minimum amount required by the engineering activities. contract or agreement; or This exclusion applies even if the claims b. The Limits of Insurance shown in the against an additional insured allege Declarations; negligence or other wrongdoing in the whichever is less. supervision, hiring, employment, training or This endorsement shall not increase the monitoring of others by that insured, if the applicable Limits of Insurance shown in the "occurrence" which caused the"bodily injury" Declarations. or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted material of the Insurance Service office, Inc.,w ith its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering or by law; and surveying services, including: b. If coverage provided to the additional insured (1) The preparing, approving, or failing to is required by a contract or agreement, the prepare or approve, maps, shop insurance afforded to such additional insured drawings, opinions, reports, surveys, will not be broader than that which you are field orders, change orders or drawings required by the contract or agreement to and specifications; or provide for such additional insured. (2) Supervisory, inspection, architectural or 2. With respect to the insurance afforded to these engineering activities. additional insureds, the following is added to This exclusion applies even if the claims Section III— Limits Of Insurance: against an additional insured allege If coverage provided to the additional insured is negligence or other wrongdoing in the required by a contract or agreement, the most we supervision, hiring, employment, training or will pay on behalf of the additional insured is: monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" a. The minimum amount required by the or "property damage", or the offense which contract or agreement; or caused the "personal and advertising injury", b. The Limits of Insurance shown in the involved the rendering of or failure to render Declarations; any professional services by you with respect to your providing engineering, architectural or whichever is less. surveying services in your capacity as an This endorsement shall not increase the engineer, architect or surveyor. applicable Limits of Insurance shown in the G. Blanket Additional Insured — State Or Declarations. Governmental Agency Or Subdivision Or Political 3. With respect to the insurance afforded to these Subdivision —Permits Or Authorizations Relating additional insureds, the following additional To Premises exclusion applies: Section II — Who Is An Insured is amended to in- This insurance does not apply to: clude as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision with whom you have agreed in a written of the rendering of, or the failure to render, contract, executed prior to loss, to name as an any professional architectural, engineering or additional insured, subject to the following provision: surveying services, including: 1. This insurance applies only with respect to the fol- (1) The preparing, approving, or failing to lowing hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications; or control and to which this insurance applies: (2) Supervisory, inspection, architectural or a. The existence, maintenance, repair, engineering activities. construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or W N GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 8 of 10 This exclusion applies even if the claims SECTION IV — COMMERCIAL GENERAL LIABILITY against an additional insured allege CONDITIONS AMENDMENTS negligence or other wrongdoing in the supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the Item 2. Duties In The Event Of Occurrence, Of- "occurrence" which caused the"bodily injury" fense, Claim or Suit is amended by adding the fol- or "property damage", or the offense which lowing: caused the "personal and advertising injury", e. You must give us or our authorized representa- involved the rendering of or failure to render tive prompt notice of an "occurrence", claim or any professional services by you with respect loss only when the "occurrence", claim or loss is to your providing engineering, architectural or known to: surveying services in your capacity as an engineer, architect or surveyor. (1) You, if you are an individual; (2) A partner, if you are a partnership; SECTION III—LIMITS OF INSURANCE AMENDMENTS (3) An executive officer or insurance manager, if you are a corporation; or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph 6. is replaced by the following: liability company. 6. Subject to Paragraph 5. above, the most we will B. Other Insurance pay under Coverage A for damages because of'property damage" to any one premises, while Item 4. Other Insurance, b. Excess Insurance (1)rented to you, or in the case of damage by fire, (a) (it) is replaced by the following: lightning, explosion or sprinkler leakage, while (ii) That is fire, lightning, explosion or sprinkler leak- rented to you or temporarily occupied by you with age insurance for premises rented to you or permission of the owner is the greater of: temporarily occupied by you with permission of a. $300,000; or the owner; Limit in the Decla C. Unintentional Failure To Disclose Hazards Premises Rented To You L b. The amount shown next the Damage Item 6. Representations is replaced by the following: - rations. 6. Representations And Unintentional Failure To However, the provisions of this paragraph do not Disclose Hazards apply if Damage To Premises Rented To You a. By accepting this policy,you agree: Coverage is excluded by endorsement. (1) The statements in the Declarations are B. Medical Expense Limit accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon repre- sentations you made to us; and 7. Subject to Paragraph 5. above, the most we will (3) We have issued this policy in reliance pay under Coverage C for all medical expenses upon your representations. because of "bodily injury" sustained by any one person is the greater of: b. If you unintentionally fail to disclose any haz- a. $10,000; or ards existing at the inception date of your policy, we will not deny coverage under this b. The amount shown next to the Medical Ex- Coverage Part because of such failure. pense Limit in the Declarations. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exercise Medical Expenses is excluded either by the pro- our right of cancellation or non-renewal. visions of the coverage part or by endorsement. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V— DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9. a. is replaced by the following: We waive any right of recovery we may have because a. A contract for a lease of premises. However, that of payments we make for injury or damage arising out portion of the contract for a lease of premises that of your ongoing operations or"your work" done under indemnifies any person or organization for a written contract, executed prior to loss, requiring damage by fire, lightning, explosion or sprinkler such waiver with that person or organization and leakage to premises while rented to you or included in the "products-completed operations temporarily occupied by you with permission of hazard". However, our rights may only be waived the owner is not an "insured contract"; prior to the "occurrence" giving rise to the injury or B. Personal And Advertising Injury Redefined damage for which we make payment under this Paragraph 14. d. and e.are replaced by the following: Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured d. Oral, written, televised, videotaped or electronic will bring "suit"or transfer those rights to us and help publication of material that slanders or libels a us enforce those rights. person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 10 of 10 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): PER WRITTEN CONTRACT OR AGREE- MENT WHERE YOU AGREED TO PRO- VIDE A SEPARATE GENERAL AGGRE- GATE LIMIT FOR EACH PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gate Limit for that designated construction gally obligated to pay as damages caused by project. Such payments shall not reduce 1.occurrences" under Section I — Coverage A, the General Aggregate Limit shown in the and for all medical expenses caused by acci- Declarations nor shall they reduce any dents under Section I — Coverage C, which other Designated Construction Project can be attributed only to ongoing operations General Aggregate Limit for any other at a single designated construction project designated construction project shown in shown in the Schedule above: the Schedule above. 1. A separate Designated Construction Proj- 4. The limits shown in the Declarations for ect General Aggregate Limit applies to Each Occurrence, Damage To Premises each designated construction project, and Rented To You and Medical Expense that limit is equal to the amount of the continue to apply. However, instead of General Aggregate Limit shown in the being subject to the General Aggregate Declarations. Limit shown in the Declarations, such 2. The Designated Construction Project Gen- limits will be subject to the applicable eral Aggregate Limit is the most we will Designated Construction Project General pay for the sum of all damages under Aggregate Limit. Coverage A, except damages because of B. For all sums which the insured becomes "bodily injury" or "property damage" legally obligated to pay as damages caused by included in the "products-completed oper- "occurrences" under Section I — Coverage A, ations hazard", and for medical expenses and for all medical expenses caused by under Coverage C regardless of the accidents under Section I — Coverage C, number of: which cannot be attributed only to ongoing a. Insureds; operations at a single designated construction b. Claims made or "suits" brought; or project shown in the Schedule above: 1. Any payments made under Coverage A c. Persons or organizations making for damages or under Coverage C for claims or bringing "suits". medical expenses shall reduce the amount 3. Any payments made under Coverage A available under the General Aggregate for damages or under Coverage C for Limit or the Products-completed Opera- medical expenses shall reduce the Desig- tions Aggregate Limit, whichever is ap- nated Construction Project General Aggre- plicable; and CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 2. Such payments shall not reduce any Des- D. If the applicable designated construction proj- ignated Construction Project General ect has been abandoned, delayed, or aban- Aggregate Limit. doned and then restarted, or if the authorized C. When coverage for liability arising out of the contracting parties deviate from plans, blue- "products-completed operations hazard" is prints, designs, specifications or timetables, provided, any payments for damages because the project will still be deemed to be the same of "bodily injury" or "property damage" in- construction project. cluded in the "products-completed operations E. The provisions of Section 111 - Limits Of In- hazard" will reduce the Products-completed surance not otherwise modified by this Operations Aggregate Limit, and not reduce endorsement shall continue to apply as the General Aggregate Limit nor the Desig- stipulated. nated Construction Project General Aggregate Limit. Page 2 of 2 " Insurance Services Office, Inc., 2008 CG 25 03 05 09 WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: Newly Acquired Organizations for up to 180 Days 2 Employees as Insureds 2 Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses -Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments -Amended: Bail Bonds up to $5,000 2 Loss of Earnings up to $500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under a contract or agreement in the A. Who Is An Insured "employee's" name, with your permission, SECTION II — COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE, A. Coverage, 1. Who Is An Insured of your business. is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of this coverage Insured, paragraph c. is amended to add the form. following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would that person or organization, that is signed and be an "insured" under such policy but for executed by you before the "bodily injury' or termination of such policy or the exhaustion on "property damage" occurs and that is in effect such policy's limits of insurance. during the policy period, to be named as an e. Any organization which is newly acquired or additional insured is an "insured" for Liability formed by you and over which you maintain Coverage, but only for damages to which this majority ownership. However, coverage under insurance applies and only to the extent that this provision: persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in (1) is afforded only for the first 180 days after Section II. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions — Supplementary whichever comes first; Payments (2) does not apply to "bodily injury" or SECTION II — COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident"that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture (2) Up to $5,000 for cost of bail bonds (including or partnership; and bonds for related traffic law violations) required because of an "accident"we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability policy, or would be an "insured" under such a policy but for (4) All reasonable expenses incurred by the termination of such policy or the "insured" at our request, including actual loss exhaustion of such policy's limits of of earnings up to $500 a day because of time insurance. off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, 5. Fellow COVERAGE, A. Coverage, 3. Glass Breakage — Employee, the following is added: Hitting A Bird Or Animal — Falling Objects Or Co-Employee Lawsuit Defense Cost Missiles, is amended by adding the following: Reimbursement No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, If a suit seeking damages for "bodily injury" to any rather than replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to the conduct of your business, or a suit seeking SECTION III — PHYSICAL DAMAGE damages brought by the spouse, child, parent, COVERAGE, A. Coverage is amended by adding brother or sister of that fellow "employee", is the following: brought against you, we will reimburse reasonable S. Hired Auto Physical Damage costs that you incur in the defense of such matters. Any reimbursement made pursuant to If hired "autos" are covered "autos"for Liability this sub-section will be in addition to the limits of Coverage and if Comprehensive, Specified liability set forth in the Declarations. Causes of Loss, or Collision coverages are provided under this coverage form for any SECTION III — PHYSICAL DAMAGE COVERAGE "auto" you own, then the Physical Damage AMENDMENTS Coverages provided are extended to "autos" you hire of like kind and use, subject to the A. Transportation Expense—Limits Amended following: SECTION III — PHYSICAL DAMAGE a. The most we will pay for any one "loss" is COVERAGE, A. Coverage, 4. Coverage $50,000 or the actual cash value or cost to Extensions, a. Transportation Expenses is repair or replace, whichever is less, minus amended by replacing $20 per day/$600 maximum a deductible; limit with $50 per day/$1000 maximum. b. The deductible will be equal to the largest B. Hired Auto Physical Damage — Loss Of Use deductible applicable to any owned "auto" for that coverage. Any Comprehensive Expenses—Limits Amended deductible does not apply to "loss" caused SECTION III — PHYSICAL DAMAGE by fire or lightening; COVERAGE, A. Coverage, 4. Coverage c. Hired Auto Physical Damage coverage is Extensions, b. Loss of Use Expenses is excess over any other collectible amended by replacing the $20 per day/$600 insurance; and maximum limit with $50 per day/$750 maximum limit. d. Subject to the above limit, deductible and excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage SECTION III — PHYSICAL DAMAGE applicable to any covered "auto"you own. COVERAGE, A. Coverage, 4. Coverage If a limit for Hired Auto Physical Damage is Extensions is amended by adding the following: indicated in the Declarations, then that limit c. Personal Effects replaces, and is not added to, the $50,000 limit indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured'; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III —PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE A. Coverage, is amended by adding the following: COVERAGE, A. Coverage is amended by adding 6. Rental Reimbursement the following: This coverage applies only to a covered "auto" 7. Accidental Airbag Deployment Coverage of the private passenger or light truck type as We will pay to reset or replace factory installed follows: airbag(s) in any covered "auto" for accidental a. We will pay for rental reimbursement discharge, other than discharge due to a expenses incurred by you for the rental of collision loss. a private passenger or light truck type This coverage is applicable only if "auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light truck type covered"auto". "auto". Payment applies in addition to the otherwise applicable amount of each This coverage is excess over any other coverage you have on a covered private collectible insurance or reimbursement by passenger or light truck type "auto." No manufacturer's warranty. deductibles apply to this coverage. H. Auto Loan/Lease Gap Coverage b. We will pay only for those expenses incurred during the policy period beginning SECTION III PHYSICAL DAMAGE COVERAGE, 24 hours after the "loss" and ending, Item A., Coverage, is amended by adding the regardless of the policy's expiration, with following: the lesser of the following number of days: g, Auto Loan/Lease Gap Coverage (1) The number of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light the Declarations as including physical damage truck type "auto". If "loss" is caused by theft, this number of days is added coverage. to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the or light truck type "auto" and return it Schedule or in the Declarations, we will pay to you; or any unpaid amount due on the lease or loan (2) 30 days. for a covered "auto"less: c. Our payment is limited to the lesser of the a. The amount paid under the Physical following amounts: Damage Coverage Section on the policy; and (1) Necessary and actual expenses incurred, or b. Any: (2) $50 per day, up to a maximum of (1) Overdue lease/loan payments at the $1,000. time of the"loss"; d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal light truck type "autos" available to you for wear and tear or high mileage; your operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or light truck type, we will pay under this (4) Costs for extended warranties, Credit coverage only that amount of your rental Life Insurance, Health, Accident or reimbursement expenses which is not Disability Insurance purchased with already provided for under SECTION III — the loan or lease; and PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. (5) Carry-over balances from previous loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV — BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit Or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by SECTION IV — BUSINESS AUTO CONDITIONS, adding the following paragraph: A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any This condition applies only when the "accident" or additional hazards, we will not deny coverage "loss" is known to: under this Coverage Part because of such failure. (1) You, if you are an individual; D. Employee Hired Auto (2) A partner, if you are a partnership; SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or following: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liability company. the following are deemed to be a covered But, this section does not amend the provisions "autos"you own: relating to notification of police, protection or (1) Any covered "auto"you lease, hire, rent or examination of the property which was subject to borrow. the "loss". (2) Any covered "auto" hired or rented by your B. Blanket Waiver of Subrogation "employee" under a contract in that individual "employee's" name, with your Section IV— BUSINESS AUTO CONDITIONS, A. permission, while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by adding the following exception: However, any "auto" that is leased, hired, rented or borrowed with a driver is not a However, we waive any right of recovery we may covered "auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 This page has been left blank intentionally.