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HomeMy WebLinkAboutCAG2020-063 - Original - Northwest Aquatic Management, LLC - 72nd Ave Extension - Herbicide Application for Weed Control - 02/14/2020 400 Agreement Routing Form • For Approvals,Signatures and Records Management KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Kathi Kilborn for Taj Schade Public Works Environmental Date Sent: Date Required: > 2/18/2020 2/20/2020 O A. C. Authorized to Sign: Date of Council Approval: CL 0 Director or Designee ❑Mayor Q Budget Account Number: Grant? ❑Yes 911�No 08-3004 Budget? A(Yes ❑ No Type: Vendor Name: Category: Northwest Aquatic Management, LLC Contract Vendor Number: Sub-Category: C D20112 O Z Project Name: 72ndn Avenue Extension Herbicide Application for Weed Control E L O Project Details:Apply herbicide for the 72nd Ave Extension in 2 applications C 0 C Agreement Amount: $3,500.75 Basis for Selection of Contractor: O Start Date: 02/14/2020 Termination Date: 08/30/2020 Q Local Business? ❑Yes 0 No* *If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number: ❑Yes ❑No CR&?o2.o - mD3 Date Received by City Attorney: Comments: C1 C C 3 0 a, a, cc M p� Date Routed to the Mayor's Office: Vf Date Routed to the City Clerk's Office: Visit Documents.KentWA.gov to obtain copies of all agreements • KENT GOODS & SERVICES AGREEMENT between the City of Kent and Northwest Aquatic Management, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Aquatic Management, LLC organized under the laws of the State of Washington, located and doing business at 9727 US Hwy 12 W, #369 Rochester, WA 98579 Phone: (360) 870.4362 Attn: Kyle Steelhammer (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 apply herbicide for the 72nd Avenue Extension 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 August 30, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand Five Hundred Dollars and Seventy-Five Cents ($3,500.75), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid 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 amendment within the time allowed, the Vendor GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) 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. 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. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) 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. 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 GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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: CITY OF KENT: BYV Y B p J P 7�*_ — (signature) (signature) Print Name: Kyle Steelhammer Print Name: Michael Mactutis, P.E. Its: President / Owner Its: Environmental Engineering Manager 2 (title) DATE: 20 31 Jan 2�) DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Kyle Steelhammer Timothy J. LaPorte, P.E. Northwest Aquatic Management, LLC City of Kent 9727 US Hwy 12W, #369 220 Fourth Avenue South Rochester, WA 98579 Kent, WA 98032 (206) 870-4362 (telephone) (253) 856.5500 (telephone) N/A (facsimile) (253) 856.5600 (facsimile) ATTEST: Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] 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 below, I agree to fulfill the five requirements referenced above. By: For: Northwest Aquatic Management Title: President / Owner Date: 13 Feb 2020 EEO COMPLIANCE DOCUMENTS - 1 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 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 EXHIBIT A Northwest Aquatic Management, LLC kyle@nwaqua.com http://www.nwaqua.com NQ KTHWEST AQUATIC MANAGEMENT ADDRESS ESTIMATE# 1133 Taj Schade DATE 01/15/2020 City of Kent EXPIRATION DATE 03/15/2020 220 4th Ave S Kent, WA 98032 United States A,,IIVY Y GF\! tV1C)sJ 1 Project Administration-Pre-Treatment 95.00 380.00T Administrative work Before the Treatment has occurred. Mobilization-Treatment 350 3.05 1,067.50T Mobilizing to get To and From the Treatment Area- Per Mile- Two Treatments Shoreline Notification Materials 2 75.00 150.00T Cost to produce the Shoreline Notification Materials. Labor, Crew and Equipment-Shoreline Notifications 2 60.00 120.00T Cost incurred to set the Shoreline Notifications day of Treatment Herbicide Application 3 425.00 1,275.00T Acquiring and application of herbicide for treatment of the vegetation in question. - Per Acre-Two Treatments- Glyphosate as early as possible and a selective herbicide after the planting in April sometime. Project Administration-Post-Treatment 2 95.00 190.00T Administrative work After the Treatment has occurred. Thank you for choosing Northwest Aquatic Management for your fake SUBTOTAL 3,182.50 management needs. Please do not hesitate to call if you have any TAX(10%) 318.25 questions. TOTAL W9500.75 Accepted By Accepted Date EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's/Consultant's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's/Consultant's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. AC'�® DATE(MMIDDNYYY) l �. CERTIFICATE OF LIABILITY INSURANCE oz/llrzozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Strand Insurance of Centralia PHONE FAX A/C No Ext: A/C.No): PO Box B EMAIL ADDRESS. INSURER(S)AFFORDING COVERAGE NAIC# Long Beach WA 98631 INSURERA: GuideOne National Insurance Company 14167 INSURED INSURER B Northwest Aquatic Management, LLC INSURERC: 9727 Hwy 12 West 369 INSURERD INSURERE: Rochester WA 98579 INSURERF: 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 MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUULZ5Uk3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER MMIDDlYYYY MM/DDIYYYY LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMA., 0 RENTED SO,000 CLAIMS-MADE x OCCUR PREMISES Ea occurrence $ MEDEXP(Any one p erson1 ,$ 5,000 A Y Y ENV562000436-01 08/21/2019 08/21/2020 r-FRSONAL&ADV INJUP, 1,000.000 N'LAGGREGATELIMITAPPLIES PER. GENERAL AGGREGATE $ 2,000,000 X POLICY❑PRO- ❑ JECT LOC PRODUCTS-COMPIOPA�G $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $Ea accident 4NYAUTO BODILY INJURY(Per perscr) $ ALL OWNED SCHEDULED P URY BODILY N IJer acaden[ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS r'eraocident' $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE '$ :ED I I RETENTION$ ,$ WORKERS COMPENSATION I PEP. OT9- AND EMPLOYERS'LIABILITY y/N STATUTE x ER We Stop Gap A aFFICFRMFMBEREXCLUD D?NY ECUTIVE� NIA Y ENV562000436-01 08/21/2019 08/21/2020 EL FACHACaoENT $ 1.000.000 (Mandatory in NH) ELDISEASE-EAEMPLOYE $ 1,000,000 If yes,desenbe under DESCR11TICNOFOPERATION3belo� EL DISEASE-POLICY LIMIT $ 1,000,000 Contractors Pollution-Occurance 1,000,0002,000,000 A Y Y ENV562000436-01 E08/21/2020 DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured per form CG2010 07/04(CGL)& G02212-4YA 10/17(CPL). Completed Ops applies per form CG2037 07/04 (CGL). Primary&Non-Contributory applies per form GO 0216-4YP 10/17(CGL&CPL).Waiver of Subrogation applies per form GO 22184YA 10/17(CGL)& G0212-4YA 10/17(CPL). —10 day notice for non-payment of premium** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Timothy J. LaPorte, P.E. AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent WA 98032Y ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ENV562000436-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing "your work'. agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. V\Ath respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only with sions apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage"or"personal and advertising injury"caused, .'property damage" occurring after: in whole or in part, by: 1. Your acts or omissions or 1. All work, including materials, parts or equip- ; ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for the on behalf of the additional insured(s) at the location of the covered operations has been additional insured(s) at the location(s) designated completed; or above. 2. That portion of "your work' out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004. Page 1 of 1 POLICY NUMBER: ENV562000436-01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organ ization s : Operations Any person or organization for whom you are In respect to any location where the named insured is performing operations when you and such person or performing"your work". organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARYINON-CONTRIBUTORY—If required by written contract oragreement,effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds underthis policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only at the specificwritten request by that person or organization to you,and only if: a. Thatrequest ismade priortothe date your operations for that person ororganization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you,and only if: a. That request is made priortothe date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. GO 0216—4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of Inc. with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made priorto the date your operations forthat person ororganization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only atthe specific written request by that person or organization to you, and only if: a. That request is made priorto the date your operations forthat person ororganization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION—If required by written contractor agreement,we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of"your work'performed under a contract with that person or organization. All other terms and conditions remain unchanged. GO 0218-4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds underthis policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only atthe specific written request by that person or organization to you, and only if. a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations, but only atthe specific written request bythat person or organization to you, and only if: a. That request is made priorto the date your operations for that person or organization commenced,and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. GO 0216—4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of Inc. with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only atthe specific written request by that person or organization to you, and only if: a. That request is made priorto the date your operations for that person ororganization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION—If required bywritten contract oragreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above perthe terms of this endorsement because of payments we make for injury ordamage arising out of"yourwork" performed undera contractwith that person or organization. All other terms and conditions remain unchanged. GO 0218—4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule above, but only with respect to liability caused, in whole or in part, by your operations performed for the additional insured(s), or premises owned by or rented to you. GO 2212—4YA 10-17 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission OG665-19-00001 -ONE- GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, IA 50266 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: ENV562000436-01 Policy Issue Date: 8/29/2019 ITEM 1. NAMED INSURED AND MAILING ADDRESS Northwest Aquatic Management LLC 9727 HWY 12 W#369 Rochester,WA 98579 ITEM 2. POLICY PERIOD: From: 8/21/2019 To: 8/21/2020 at 12:01 A.M. Standard Time at your mailing address shown above. ITEM 3. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $2,000,000 PERSONAL AND ADVERTISING INJURY LIMIT $1,000,000 Any one person or organization EACH OCCURRENCE LIMIT $1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $50,000 Any one premises MEDICAL EXPENSE LIMIT $5,000 Any one person ITEM 4. RETROACTIVE DATE (For CG 00 02 only): This insurance does not apply to any`bodily injury"or"property damage"arising out of"your work"performed before the Retroactive Date,if any,shown above. If no Retroactive Date is shown above,the Retroactive Date is the beginning of the policy period for this insurance. ITEM 5. ENDORSEMENTS ATTACHED TO THE POLICY AT INCEPTION: See attached Schedule B—Schedule of Forms Copyright 2017 GuideOne Insurance GO 1001 — 1YC 10-17 Page 1 of 1 OG665-19-00001 I'' I ONE GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, IA 50265 CONTRACTORS POLLUTION LIABILITY COVERAGE PART DECLARATIONS Policy Number: ENV562000436-01 Policy Issue Date: 8/29/2019 ITEM 1. NAMED INSURED AND MAILING ADDRESS Northwest Aquatic Management LLC 9727 HWY 12 W#369 Rochester,WA 98579 ITEM 2. POLICY PERIOD: From: 8/21/2019 To: 8/21/2020 at 12 01 A.M. Standard Time at your mailing address shown above. ITEM 3. LIMITS OF INSURANCE Contractors Pollution Liability-Occurrence Aggregate Limit $2,000,000 Each Pollution Condition Limit $1,000,000 ITEM 4. RETROACTIVE DATE (For Claims Made Coverage Only): If no Retroactive Date is shown above, the Retroactive Date is the beginning of the policy period for this insurance. ITEM 5. DEDUCTIBLE AMOUNT $5,000 Each Pollution Condition ITEM 6. ENDORSEMENTS ATTACHED TO THE POLICY AT INCEPTION: See attached Schedule B—Schedule of Forms and Endorsements Copyright 2017 GuideOne Insurance Page 1 of 1 GO 2001 — 1YP 10-17 Insurance GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, IA 60265 SCHEDULE B - SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date of This Schedule: 8/21/2019 Issue Date: 8/29/2019 Issued to: Northwest Aquatic Management, LLC The following is a schedule of Forms and Endorsements issued with the policy at inception: Schedule of Forms and Endorsements: 1. Cover Environmental Cover Letter 2. ILP 0010104 U.S.Treasury OFAC Notice 3. GO Claims Reporting(06 19) GuideOne Claims Reporting 4. GO 0001- 1YC 10 17 (Common) Common Policy Declarations 5. GCX 10 02 08 17 (Common) Schedule of Forms and Endorsements 6. GSP 42 06 08 17 Signature Provisions 7. GO 0221 - 2NC 10 17 (Common) Common Policy Conditions 8. GCX SS 0108 17 (Common) Service of Suit 9. GO 0212- 2YP 1017 (Common) Policy Aggregate and Per Occurrence Limit Provision 10. GO 0229- 5N N 10 17 (Common) Nuclear Energy Liability Exclusion Endorsement 11. GO 0214- 2YP 02 18 (Common) Policy Period Minimum Premium and Minimum Earned Premium 12. GO 0222- 5NS 10 17(Common) Supplemental Policy Exclusions 13. GO 0201- 2NC 10 17 (Common) Cancellation Non-Renewal 14. GO 1001 - 1YC 10 17 (CGL) Commercial General Liability Coverage Part Declarations 15. CG 00 0112 04 (CGL) Commercial General Liability Coverage Form 16. CG 03 00 0196 (CGL) Deductible Liability Insurance 17. CG 04 42 1103 (CGL) Stop Gap- Employers Liability Coverage Endorsement - Washington 18. CG 00 67 03 05 (CGL) Exclusion -Violation Of Statues That Govern Sending Materials Or Information 19. CG 2149 09 99 (CGL) Total Pollution Exclusion Endorsement 20. CG 2186 12 04(CGL) Exclusion - Exterior Insulation And Finish Systems 21. CG 22 33 07 98 (CGL) Exclusion -Testing Or Consulting Errors And Omissions 22_ CG 22 43 07 98 (CGL) Exclusion - Engineers,Architects Or Surveyors Professional Liability Copyright 2017 GuideOne Insurance GCX 10 02 08 17 Gui&One' Insurance GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, IA 50265 23. GO 1201 - 5NE 1017 (CGL) Exclusion - Punitive or Exemplary Damages 24. GO 1202- 2N1 10 17 (CGL) Independent And/Or Subcontractor Restriction- Deductible Form 25. GO 1216- 5NM 10 17 (CGL) Mold, Fungus and Organic Pathogen Exclusion 26. GO 1218- 5NE 10 17 (CGL) Exclusion - Professional Services 27. CG 20 10 07 04 (CGL) Additional Insured-Owners, Lessees Or Contractors Scheduled Person Or Organization 28. CG 20 37 07 04 (CGL) Additional Insured- Owners, Lessees Or Contractors Completed Operations 29. GO 0216 -4YP 10 17 (CGL) Primary/Non-Contributory Coverage 30. GO 0218 -4YA 10 17 (CGL) Amended Waiver of Subrogation 31. GO 2001 - 1YC 10 17 (CPL) Contractors Pollution Liability Coverage Part Declarations 32. GO 2101- 3NC 10 17 (CPL) Contractors Pollution Liability Coverage Form 33. GO 2236- 4NO 10 17 (CPL) Organic Pathogen Endorsement 34. GO 2241- 4YC 10 17 (CPL) Claim Expenses Additional Limit Endorsement 35. GO 2242- 4YT 10 17 (CPL) Transportation Pollution Liability Endorsement-Scheduled Limit 36. GO 2244- 4YN 10 17 (CPL) Non Owned Disposal Sites Liability Endorsement-Schedule Limit 37. GO 2229- 5NE 1017 (CPL) Exclusion - Exterior Insulation and Finish Systems-Amended 38. GO 0216-4YP 1017 (CPL) Primary/ Non-Contributory Coverage 39. GO 0218-4YA 10 17 (CPL) Amended Waiver of Subrogation 40. GO 2212-4YA 10 17 (CPL) Additional Insured-Owners, Lessees or Contractors 41. GO 0232- 5EN 09 18 (Common) Exclusion Of Certified Acts Of Terrorism And Exclusion Of Other Acts Of Terrorism Committed Outside The United States Copyright 2017 GuideOne Insurance GCX 10 02 08 17 DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 02/13/2020 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Windy Russell Strand Insurance of Centralia PH(AIC Na E • 360-736-8281 F . No;(360)807ti5913 515 Harrison Ave Suite 101 ADDRIESS, vAndy@strandinsurance.com Centralia,WA 98531 INSURER(S)AFFORDING COVERAGE NAICA INSURERA: Ohio Security Insurance Co 24082 INSURED INSURERS: NORTHWEST AQUATIC MANAGEMENT LLC INSURERC: 9727 H WY 12 W#369 INSURER D: ROCHESTER,WA 98579 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 99011210-582747 REVISION NUMBER: 18 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER (MMIDDrI MWD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea oaumence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECTRO- ❑LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY BAS56706383 05/14/2019 05/14/2020 Ee accideD SINGLE LIMIT $ 1 000,000 IxANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED JURY Per accident AUTOS ONLY X AUTOS BODILY IN ( ) $ _ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per a.'I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED F RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) **10 day notice for non-payment of premium** CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave. S. KENT,WA 98032 AUTHORIZED REPRESENTATIVE (WJR) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by WJR on February 13,2020 at 04 24PM Coverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company BAS (20) 56 70 63 83 Mutual® Policy Period: INSURANCE From 05/14/2019 To 05/14/2020 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent NORTHWEST AQUATIC MANAGEMENT, LLC (360) 736-8281 9727 HWY 12 W 369 STRAND INSURANCE OF CENTRALIA ROCHESTER, WA 98579 PO BOX B LONG BEACH, WA 98631-0498 POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE STATE(S)Applicable AC 00 31 01 14 Changes In Your Policy WA AC 01 15 08 17 Washington Changes WA AC 84 59 06 14 State Application Of Terrorism Exclusion Endorsements Involving Nuclear, WA Biological Or Chemical Terrorism CA 00 01 03 06 Business Auto Coverage Form WA CA 21 34 01 08 Washington Underinsured Motorists Coverage WA CA 23 45 11 16 Public or Livery Passenger Conveyance and On - Demand Delivery Services WA Exclusion CA 23 85 01 06 Exclusion of Terrorism Involving Nuclear, Biological or Chemical Terrorism WA CA 23 87 01 06 Exclusion of Terrorism Involving Nuclear, Biological or Chemical Terrorism Above WA Minimum Statutory Limits CA 23 89 01 06 Alaska Exclusion of Terrorism Involving Nuclear, Biological or Chemical WA Terrorism Above Minimum Statutory Limits CA 23 93 01 06 Washington Exclusion of Terrorism Involving Nuclear, Biological or Chemical WA Terrorism In witness whereof, we have caused this policy to be signed by our authorized officers. /t-�Q114�— 4z— Mark Touhey Paul Condrin Secretary President To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 03/22/19 56706383 POLSVCS 235 NCXFPPNO INSURED COPY 002246 PAGE 10 OF 62 'okCoverage Is Provided In: Policy Number: Liberty Ohio Security Insurance Company BAS(20) 56 70 63 83 Mutualm Policy Period: INSURANCE From 05/14/2019 To 05/14/2020 12:01 am Standard Time at Insured Mailing Location Common Policy Declarations Named Insured Agent NORTHWEST AQUATIC MANAGEMENT, LLC (360) 736-8281 9727 HWY 12 W 369 STRAND INSURANCE OF CENTRALIA ROCHESTER, WA 98579 PO BOX B LONG BEACH, WA 98631-0498 POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE STATE(S)Applicable CA 85 47 12 93 Temporary Substitute Auto - Physical Damage Insurance WA CA 85 53 12 93 Recreational Trailers and Boat Trailers WA CA 99 03 03 06 Auto Medical Payments Coverage WA IL 01 23 11 13 Washington Changes - Defense Costs WA IL 01 46 08 10 Washington Common Policy Conditions WA IL 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) WA 0 To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 03/22J19 56706383 POLSVCS 235 NCXFPPNO INSURED COPY 002246 PAGE 11 OF 62 CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I - COVERED AUTOS Read the entire policy carefully to determine rights, duties and what is and is not covered. ITEM TWO of the Declarations shows the "autos" Throughout this policy the words "you" and that are covered "autos" for each of your cov- erages. The following numerical symbols de- "your" refer to the Named Insured shown in the scribe the "autos" that may be covered "autos". Declarations. The words "we", "us" and "our" The symbols entered next to a coverage on the refer to the Company providing this insurance. Declarations designate the only "autos" that are Other words and phrases that appear in quotation covered "autos". marks have special meaning. Refer to Section V - A. Description Of Covered Auto Designation Definitions. Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned Only those "autos" you own (and for Liability Coverage any "trailers" "Autos" you don't own while attached to power units you own.) This includes Only those "autos" you acquire ownership of after the policy begins. 3 Owned Only the private passenger "autos" you own. This includes those private Private passenger "autos" you acquire ownership of after the policy begins. Passenger "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned Only those "autos" you own that are required to have No-Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or principalIV garaged. 6 Owned Only those "autos" you own that because of the law in the state where "Autos" they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This includes those To A "autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those "autos" described in Item Three of Declarations for which Described a premium charge is shown (and for Liability Coverage any "trailers" "Autos" vou don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 13 Symbol Description Of Covered Auto Designation Symbols 9 Non-Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or Vour personal affairs. 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy d. "Loss"; or Begins e. Destruction 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are SECTION II - LIABILITY COVERAGE entered next to a coverage in ITEM TWO A. Coverage of the Declarations, then you have cov- erage for "autos" that you acquire of the We will pay all sums an "insured" legally type described for the remainder of the must pay as damages because of "bodily policy period. injury" or "property damage" to which this 2. But, if symbol 7 is entered next to a insurance applies, caused by an "accident" coverage in ITEM TWO of the Declara- and resulting from the ownership, mainten- tions, an "auto" you acquire will be a ance or use of a covered "auto." covered "auto" for that coverage only if: We will also pay all sums an "insured" le- a. We already cover all "autos" that Bally must pay as a "covered pollution cost you own for that coverage or it re- or expense" to which this insurance applies, places an "auto" you previously caused by an "accident" and resulting from owned that had that coverage; and the ownership, maintenance or use of cov- ered "autos." However, we will only pay for b. You tell us within 30 days after you the "covered pollution cost or expense" if acquire it that you want us to cover there is either "bodily injury" or "property it for that coverage. damage" to which this insurance applies that C. Certain Trailers, Mobile Equipment And Tem- is caused by the same "accident." porary Substitute Autos We have the right and duty to defend any If Liability Coverage is provided by this Cov- "insured" against a "suit" asking for such erage Form, the following types of vehicles damages or a "covered pollution cost or ex- are also covered "autos' for Liability Cov- erage: any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property dam- 1. "Trailers" with a load capacity of 2,000 age" or a "covered pollution cost or pounds or less designed primarily for expense" to which this insurance does not " travel on public roads. apply. We may investigate and settle any 2. "Mobile equipment" while being carried claim or "suit" as we consider appropriate. or towed by a covered "auto." Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has 3. Any "auto" you do not own while used been exhausted by payment of judgments or with the permission of its owner as a settlements. temporary substitute for a covered "auto" you own that is out of service 1. Who Is An Insured because of its: The following are "insureds": a. Breakdown; a. You for any covered "auto." b. Repair; b. Anyone else while using with your c. Servicing; permission a covered "auto" you own, hire or borrow except: CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 2 of 13 (1) The owner or anyone else from (6) All interest on the full amount of whom you hire or borrow a cov- any judgment that accrues after ered "auto". This exception does entry of the judgment in any not apply if the covered "auto" "suit" against the "insured" we is a "trailer" connected to a cov- defend, but our duty to pay in- ered "auto" you own. terest ends when we have paid, (2) Your "employee" if the covered offered to pay or deposited in "auto" is owned by that "em- court the part of the judgment ployee" or a member of his or that is within our Limit of Insur- her household. ance. (3) Someone using a covered These payments will not reduce the "auto" while he or she is work- Limit of Insurance. ing in a business of selling, ser- b. Out of State Coverage Extensions. vicing, repairing, parking or storing "autos" unless that busi- While a covered "auto" is away from Hess is yours. the state where it is licensed we will: (4) Anyone other than your "em- (1) Increase the Limit of Insurance ployees", partners (if you are a for Liability Coverage to meet partnership), members (if you the limits specified by a compul- are a limited liability company), sory or financial responsibility or a lessee or borrower or any of law of the jurisdiction where the their "employees", while moving covered "auto" is being used. property to or from a covered This extension does not apply to "auto". the limit or limits specified by (5) A partner (if you are a partner- any law governing motor carriers ship), or a member (if you are a of passengers or property. limited liability company), for a (2) Provide the minimum amounts covered "auto" owned by him or and types of other coverages, her or a member of his or her such as no-fault, required of out- household. of-state vehicles by the jurisdic- c. Anyone liable for the conduct of an tion where the covered "auto" is "insured" described above but only being used. to the extent of that liability. We will not pay anyone more than 2. Coverage Extensions once for the same elements of loss because of these extensions. a. Supplementary Payments. B. Exclusions We will pay for the "insured": This insurance does not apply to any of the (1) All expenses we incur. following: (2) Up to $2,000 for cost of bail 1. Expected Or Intended Injury bonds (including bonds for re- lated traffic law violations) re- "Bodily injury" or "property damage" ex- quired because of an "accident" pected or intended from the standpoint we cover. We do not have to of the "insured". furnish these bonds. 2. Contractual (3) The cost of bonds to release at- Liability assumed under any contract or tachments in any "suit" against agreement. the "insured" we defend, but But this exclusion does not apply to li- only for bond amounts within ability for damages: our Limit of Insurance. (4) All reasonable expenses incurred a. Assumed in a contract or agreement by the "insured" at our request, that is an "insured contract" pro- including actual loss of earnings vided the "bodily injury" or "prop- up to $250 a day because of erty damage" occurs subsequent to time off from work. the execution of the contract or agreement; or (5) All costs taxed against the "in- sured" in any "suit" against the "insured" we defend. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 3 of 13 b. That the "insured" would have in the 6. Care, Custody Or Control absence of the contract or agree- "Property damage" to or "covered ment. pollution cost or expense" involving 3. Workers' Compensation property owned or transported by the Any obligation for which the "insured" "insured" or in the "insured's" care, cus- or the "insured's" insurer may be held tody or control. But this exclusion does liable under any workers' compensation, not apply to liability assumed under a disability benefits or unemployment com- sidetrack agreement. pensation law or any similar law. 7. Handling Of Property 4. Employee Indemnification And Employ- "Bodily injury" or "property damage" re- er's Liability sulting from the handling of property: "Bodily injury" to: a. Before it is moved from the place a. An "employee" of the "insured" where it is accepted by the "insured" arising out of and in the course of: for movement into or onto the cov- ered "auto"; or (1) Employement by the "insured"; or b. After it is moved from the covered "auto" to the place where it is finally (2) Performing the duties related to delivered by the "insured". the conduct of the "insured's" business; or $. Movement Of Property By Mechanical Device b. The spouse, child, parent, brother or "Bodily injury" or "property damage" re- sister of that "employee" as a con- sulting from the movement of property sequence of Paragraph a. above. by a mechanical device (other than a This exclusion applies: hand truck) unless the device is attached (1) Whether the "insured" may be to the covered "auto". liable as an employer or in any 9. Operations other capacity; and "Bodily injury" or "property damage" (2) To any obligation to share dam- arising out of the operation of: ages with or repay someone else a. Any equipment listed in Paragraphs who must pay damages because 6.b. and 6.c. of the definition of "mo- of the injury. bile equipment"; or But this exclusion does not apply to b. Machinery or equipment that is on, "bodily injury" to domestic "employees" attached to, or part of, a land vehicle not entitled to workers' compensation that would qualify under the defini- benefits or to liability assumed by the tion of "mobile equipment" if it were "insured" under an "insured contract". not subject to a compulsory or finan- For the purposes of the Coverage Form, cial responsibility law or other motor a domestic "employee" is a person en- vehicle insurance law where it is li- gaged in household or domestic work censed or principally garaged. performed principally in connection with 10. Completed Operations a residence premises. 5. Fellow Employee "Bodily injury" or "property damage" arising out of your work after that work "Bodily injury" to any fellow "employee" has been completed or abandoned. of the "insured" arising out of and in the In this exclusion, your work means: course of the fellow "employee's" em- ployment or while performing duties re- a. Work or operations performed by lated to the conduct of your business. you or on your behalf; and b. Materials, parts or equipment fur- nished in connection with such work or operations. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 4 of 13 Your work includes warranties or repre- Paragraph a. above does not apply to sentations made at any time with respect fuels, lubricants, fluids, exhaust gas- to the fitness, quality, durability or per- es or other similar "pollutants" that formance of any of the items included in are needed for or result from the Paragraphs a. or b. above. normal electrical, hydraulic or me- Your work will be deemed completed at chanical functioning of the covered the earliest of the following times: "auto" or its parts, if: (1) When all of the work called for in (1) The "pollutants" escape, seep, your contract has been completed. migrate, or are discharged, dis- (2) When all of the work to be done at persed or released directly from the site has been completed if your an "auto" part designed by its contract calls for work at more than manufacturer to hold, store, re- one site. ceive or dispose of such "pollu- tants"; and (3) When that part of the work done at a job site has been (2) The "bodily injury", "property j put to its intended damage" or "covered pollution use by any person or organization cost or expense" does not arise other than another contractor or sub- out of the operation of any contractor working on the same pro- equipment listed in Paragraphs ject. 6.b. and 6.c. of the definition of Work that may need service, main- "mobile equipment". tenance, correction, repair or Paragraphs b. and c. above of this exclu- replacement, but which is otherwise sion do not apply to "accidents" that complete, will be treated as complet- occur away from premises owned by or ed. rented to an "insured" with respect to 11. Pollution "pollutants" not in or upon a covered "Bodily injury" or "property damage" "auto" if: arising out of the actual, alleged or (1) The "pollutants" or any property threatened discharge, dispersal, seepage, in which the "pollutants" are migration, release or escape of "pollu- contained are upset, overturned tants": or damaged as a result of the a. That are, or that are contained in any maintenance or use of a covered "auto"; and property that is: (1) Being transported or towed by, (2) The discharge, dispersal, seep- handled, or handled for move- age, migration, release or escape ment into, onto or from, the cov- of the "pollutants" is caused di- ered "auto"; rectly by such upset, overturn or (2) Otherwise in the course of damage. transit by or on behalf of the 12. War "insured"; or "Bodily injury" or "property damage" (3) Being stored, disposed of, treat arising directly or indirectly out of: ed or processed in or upon the a. War, including undeclared or civil covered "auto"; war; b. Before the "pollutants" or any prop- b. Warlike action by a military force, erty in which the "pollutants" are including action in hindering or de- contained are moved from the place fending against an actual or expect- where they are accepted by the "in- ed attack, by any government, sured" for movement into or onto sovereign or other authority using the covered "auto"; or military personnel or other agents; c. After the "pollutants" or any prop- or erty in which the "pollutants" are c. Insurrection, rebellion, revolution, contained are moved from the cov- usurped power, or action taken by ered "auto" to the place where they governmental authority in hindering are finally delivered, disposed of or or defending against any of these. abandoned by the "insured". CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 5 of 13 13. Racing 2. Towing. Covered "autos" while used in any pro- We will pay up to the limit shown in the fessional or organized racing or demoli- Declarations for towing and labor costs tion contest or stunting activity, or while incurred each time a covered "auto" of practicing for such contest or activity. the private passenger type is disabled. This insurance also does not apply while However, the labor must be performed at that covered "auto" is being prepared for the place of disablement. such a contest or activity. 3. Glass Breakage - Hitting a Bird or Ani- C. Limit Of Insurance mal - Falling Objects or Missiles. Regardless of the number of covered If you carry Comprehensive Coverage for "autos", "insureds", premiums paid, claims the damaged covered "auto", we will made or vehicles involved in the "accident", pay for the following under Comprehen- the most we will pay for the total of all sive Coverage: damages and "covered pollution cost or ex- a. Glass breakage; pense" combined, resulting from any one "accident" is the Limit of Insurance for Liabil- b. "Loss" caused by hitting a bird or ity Coverage shown in the Declarations. animal; and All "bodily injury," "property damage" and c. "Loss" caused by falling objects or "covered pollution cost or expense" resulting missiles. from continuous or repeated exposure to However, you have the option of having substantially the same conditions will be con- glass breakage caused by a covered sidered as resulting from one "accident". .1auto's" collision or overturn considered No one will be entitled to receive duplicate a "loss" under Collision Coverage. payments for the same elements of "loss" 4. Coverage Extensions under this Coverage Form and any Medical a. Transporation Expenses Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underin- We will pay up to $20 per day to a sured Motorists Coverage Endorsement at- maximum of $600 for temporary tached to this Coverage Part. transportation expense incurred by you because of the total theft of a SECTION III - PHYSICAL DAMAGE COVERAGE covered "auto" of the private pas- A. Coverage senger type. We will pay only for 1. We will pay for "loss" to a covered those covered "autos" for which you "auto" or its equipment under: carry either Comprehensive or Speci- fied Causes of Loss Coverage. We a. Comprehensive Coverage. From any will pay for temporary transportation cause except: expenses incurred during the period (1) The covered "auto's" collision beginning 48 hours after the theft with another object; or and ending, regardless of the poli- cy's expiration, when the covered (2) The covered "auto's" overturn. "auto" is returned to use or we pay ° b. Specified Causes of Loss Coverage. for its "loss". Caused by: b. Loss Of Use Expenses (1) Fire, lightning or explosion; For Hired Auto Physical Damage, we (2) Theft; will pay expenses for which an "in- sured" becomes legally responsible (3) Windstorm, hail or earthquake; to pay for loss of use of a vehicle (4) Flood; rented or hired without a driver, un- der a written rental contract or (5) Mischief or vandalism; or agreement. We will pay for loss of (6) The sinking, burning, collision or use expenses if caused by: derailment of any conveyance (1) Other than collision only if the transporting the covered "auto". Declarations indicate that Com- c. Collision Coverage. Caused by: prehensive Coverage is provided for any covered "auto"; (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 6 of 13 (2) Specified Causes Of Loss only if 3. We will not pay for "loss" caused by or the Declarations indicate that resulting from any of the following un- Specified Causes Of Loss Cov- less caused by other "loss" that is cov- erage is provided for any cov- ered by this insurance: ered "auto; or a. Wear and tear, freezing, (3) Collision only if the Declarations mechanical or electrical break- indicate that Collision Coverage down. is provided for any covered "auto". b. Blowouts, punctures or other However, the most we will pay for road damage to tires. any expenses for loss of use is $20 4. We will not pay for "loss" to any of the per day, to a maximum of $600. following: B. Exclusions a. Tapes, records, discs or other similar l. We will not pay for "loss" caused by or audio, visual or data electronic de- vices designed for use with audio, resulting from any of the following. Such visual or data electronic equipment. "loss" is excluded regardless of any oth- er cause or event that contributes con- b. Any device designed or used to de- currently or in any sequence to the tect speed measuring equipment "loss". such as radar or laser detectors and a. Nuclear Hazard. any jamming apparatus intended to elude or disrupt speed measurement (1) The explosion of any weapon equipment. employing atomic fission or fu- C. Any electronic equipment, without sion; or regard to whether this equipment is (2) Nuclear reaction or radiation, or permanently installed, that receives radioactive contamination, how- or transmits audio, visual or data " ever caused. signals and that is not designed sole- b. War or Military Action. ly for the reproduction of sound. (1) War, including undeclared or civ- d. Any accessories used with the elec- il war; tronic equipment described in (2) Warlike action by a military Paragraph c. above. force, including action in hinder- Exclusions 4.c. and 4.d. do not apply to: ing or defending against an ac- a. Equipment designed solely for the tual or expected attack, by any reproduction of sound and accesso- government, sovereign or other ries used with such equipment, pro- authority using military person- vided such equipment is nel or other agents; or permanently installed in the covered (3) Insurrection, rebellion, revolu- "auto" at the time of the "loss" or tion, usurped power or action such equipment is removable from a taken by governmental authority housing unit which is permanently in hindering or defending against installed in the covered "auto" at the any of these. time of the "loss", and such equip- ment is designed to be solely t. We will not pay for "loss" to any cov- op- erated by use of the power from the " ered "auto" while used in any profes- "auto's" electrical system, in or upon sional or organized racing or demolition contest or stunting activity, or while the covered "auto"; or practicing for such contest or activity. We b. Any other electronic equipment that will also not pay for "loss" to any cov- is: ered "auto" while that covered "auto" is (1) Necessary for the normal opera- being prepared for such a contest or ac- tion of the covered "auto" or the tivity. monitoring of the covered "auto's" operating system; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 7 of 13 (2) An integral part of the same unit a. Pay its chosen appraiser; and housing any sound reproducing b. Bear the other expenses of the ap- equipment described in a. above praisal and umpire equally. and permanently installed in the opening of the dash or console If we submit to an appraisal, we will still of the covered "auto" normally retain our right to deny the claim. used by the manufacturer for in- 2, Duties In The Event Of Accident, Claim, stallation of a radio. Suit Or Loss 5. We will not pay for "loss" to a covered We have no duty to provide coverage "auto" due to "diminution in value". under this policy unless there has been C. Limit Of Insurance full compliance with the following duties: 1. The most we will pay for "loss" in any a. In the event of "accident", claim, one "accident" is the lesser of: "suit" or "loss", you must give us or our authorized representative prompt a. The actual cash value of the damag- notice of the "accident" or "loss". ed or stolen property as of the time Include: of the "loss"; or (1) How, when and where the "ac- b. The cost of repairing or replacing the cident" or "loss" occurred; damaged or stolen property with oth- er property of like kind and quality. (2) The "insured's" name and ad- dress; and 2. An adjustment for depreciation and phys- ical condition will be made in (3) To the extent possible, the determining actual cash value in the names and addresses of any in- event of a total "loss". jured persons and witnesses. 3. If a repair or replacement results in bet- b. Additionally, you and any other in- ter than like kind or quality, we will not volved "insured" must: pay for the amount of the betterment. (1) Assume no obligation, make no D. Deductible payment or incur no expense without our consent, except at For each covered "auto", our obligation to the "insured's" own cost. pay for, repair, return or replace damaged or stolen property will be reduced by the ap- (2) Immediately send us copies of plicable deductible shown in the Declara- any request, demand, order, no- tions. Any Comprehensive Coverage tice, summons or legal paper re- deductible shown in the Declarations does ceived concerning the claim or not apply to "loss" caused by fire or light- "suit". ning. (3) Cooperate with us in the inves- SECTION IV - BUSINESS AUTO CONDITIONS tigation or settlement of the claim or defense against the The following conditions apply in addition to the "suit". Common Policy Conditions: (4) Authorize us to obtain medical A. Loss Conditions records or other pertinent infor- 1. Appraisal For Physical Damage Loss mation. If you and we disagree on the amount of (5) Submit to examination, at our "loss", either may demand an appraisal expense, by physicians of our of the "loss". In this event, each party choice, as often as we reason- will select a competent appraiser. The ably require. two appraisers will select a competent c. If there is "loss" to a covered "auto" and impartial umpire. The appraisers will or its equipment you must also do state separately the actual cash value the following: and amount of "loss". If they fail to agree, they will submit their differences (1) Promptly notify the police if the to the umpire. A decision agreed to by covered "auto" . any of its any two will be binding. Each party will: equipment is stolen. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 8 of 13 (2) Take all reasonable steps to pro- 5. Transfer Of Rights Of Recovery Against tect the covered "auto" from fur- Others To Us ther damage. Also keep a record If any person or organization to or for of your expenses for consider- whom we make payment under this Cov- ation in the settlement of the erage Form has rights to recover dam- claim. ages from another, those rights are (3) Permit us to inspect the covered transferred to us. That person or organi- "auto" and records proving the zation must do everything necessary to "loss" before its repair or dis- secure our rights and must do nothing position. after "accident" or "loss" to impair (4) Agree to examinations under them. oath at our request and give us a B. General Conditions signed statement of your an- 1. Bankruptcy swers. Bankruptcy or insolvency of the "in- 3. Legal Action Against Us sured" or the "insured's" estate will not No one may bring a legal action against relieve us of any obligations under this us under this Coverage Form until: Coverage Form. a. There has been full compliance with 2. Concealment, Misrepresentation Or all the terms of this Coverage Form; Fraud and This Coverage Form is void in any case b. Under Liability Coverage, we agree of fraud by you at any time as it relates in writing that the "insured" has an to this Coverage Form. It is also void if obligation to pay or until the amount you or any other "insured", at any time, of that obligation has finally been intentionally conceal or misrepresent a determined by judgment after trial. material fact concerning: No one has the right under this poli- cy to bring us into an action to deter- a. This Coverage Form; mine the "insured's" liability. b. The covered "auto"; 4. Loss Payment - Physical Damage c. Your interest in the covered "auto"; Coverages or At our option we may: d. A claim under this Coverage Form. a. Pay for, repair or replace damaged 3. Liberalization or stolen property; If we revise this Coverage Form to pro- b. Return the stolen property, at our ex- vide more coverage without additional pense. We will pay for any damage premium charge, your policy will auto- that results to the "auto" from the matically provide the additional coverage theft; or as of the day the revision is effective in c. Take all or an, y part of the damaged your state. or stolen property at an agreed or 4. No Benefit To Bailee - Physical Damage appraised value. Coverages If we pay for the "loss", our payment We will not recognize any assignment or will include the applicable sales tax for grant any coverage for the benefit of any the damaged or stolen property. person or organization holding, storing or transporting property for a fee regard- less of any other provision of this Cov- erage Form. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 9 of 13 5. Other Insurance b. If this policy is issued for more than a. For any covered "auto" you own, one year, the premium for this Cov- this Coverage Form provides primary erage Form will be computed annu- insurance. For any covered "auto" ally based on our rates or premiums you don't own, the insurance pro- in effect at the beginning of each vided by this Coverage Form is ex- year of the policy. cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover "ac- auto" which is a "trailer" is con- cidents" and "losses" occurring: nected to another vehicle, the Liabil- ity Coverage this Coverage Form a. During the policy period shown in provides for the "trailer" is: the Declarations; and (1) Excess while it is connected to a b. Within the coverage territory. motor vehicle you do not own. The coverage territory is: (2) Primary while it is connected to a. The United States of America; a covered "auto" you own. b. The territories and possessions of b. For Hired Auto Physical Damage the United States of America; Coverage, any covered "auto" you c. Puerto Rico; lease, hire, rent or borrow is deemed to be a covered "auto" you own. d. Canada; and However, any "auto" that is leased, e. Anywhere in the world if: hired, rented or borrowed with a driver is not a covered "auto". (1) A covered "auto" of the private passenger type is leased, hired, c. Regardless of the provisions of Para- rented or borrowed without a graph a. above, this Coverage Form's driver for a period of 30 days or Liability Coverage is primary for any less; and liability assumed under an "insured contract". (2) The "insured's" responsibility to pay damages is determined in a d. When this Coverage Form and any "suit" on the merits, in the Unit- other Coverage Form or policy cov- ed States of America, the ter- ers on the same basis, either excess ritories and possessions of the or primary, we will pay only our United States of America, Puerto share. Our share is the proportion Rico, or Canada or in a settle- that the Limit of Insurance of our ment we agree to. Coverage Form bears to the total of the limits of all the Coverage Forms We also cover 'loss" to, or "accidents" and policies covering on the same involving, a covered "auto" while being basis. transported between any of these places. 6. Premium Audit 8. Two Or More Coverage Forms Or Poli- cies Issued By Us a. The estimated premium for this Cov- erage Form is based on the expo- If this Coverage Form and any other Cov- erage you told us you would have erage Form or policy issued to you by us when this policy began. We will or any company affiliated with us apply compute the final premium due to the same "accident", the aggregate when we determine your actual ex- maximum Limit of Insurance under all posures. The estimated total premi- the Coverage Forms or policies shall not um will be credited against the final exceed the highest applicable Limit of premium due and the first Named Insurance under any one Coverage Form Insured will be billed for the balance, or policy. This condition does not apply if any. If the estimated total premium to any Coverage Form or policy issued exceeds the final premium due, the by us or an affiliated company specifi- first Named Insured will get a re- cally to apply as excess insurance over this Coverage Form. fund. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 10 of 13 SECTION V - DEFINITIONS b. Before the "pollutants" or any prop- A. "Accident" includes continuous or repeated erty in which the "pollutants" are exposure to the same conditions resulting in contained are moved from the place "bodily injury" or "property damage". where they are accepted by the "in- sured" for movement into or onto B. "Auto" means; the covered "auto'; or 1. A land motor vehicle, "trailer" or semi- trailer designed for travel on public C. After the "pollutants" or any prop- roads; or erty in which the "pollutants" are contained are moved from the cov- 2. Any other land vehicle that is subject to ered "auto" to the place where they a compulsory or financial responsbility are finally delivered, disposed of or law or other motor vehicle insurance law abandoned by the "insured." where it is licensed or principally ga- raged. Paragraph a. above does not apply to However, "auto" does not include "mobile fuels, lubricants, fluids, exhaust gas- equipment". es or other similar "pollutants" that are needed for or result from the C. "Bodily injury" means bodily injury, sickness normal electrical, hydraulic or me- or disease sustained by a person including chanical functioning of the covered death resulting from any of these. "auto" or its parts, if: D. "Covered pollution cost or expense" means (1) The "pollutants" escape, seep, any cost or expense arising out of: migrate, or are discharged, dis- 1. Any request, demand, order or statutory persed or released directly from or regulatory requirement that any "in- an "auto" part designed by its sured" or others test for, monitor, clean manufacturer to hold, store, re- up, remove, contain, treat, detoxify or ceive or dispose of such "pollu- neutralize, or in any way respond to, or tants"; and assess the effects of "pollutants"; or (2) The "bodily injury," "property 2. Any claim or "suit" by or on behalf of a damage" or "covered pollution governmental authority for damages be- cost or expense" does not arise cause of testing for, monitoring, cleaning out of the operation of any up, removing, containing, treating, detox- equipment listed in Paragraphs ifying or neutralizing, or in any way re- 6.b. or 6.c. of the definition of sponding to or assessing the effects of "mobile equipment." "pollutants". Paragraphs b. and c. above do not "Covered pollution cost or expense" does not apply to "accidents" that occur away include any cost or expense arising out of from premises owned by or rented the actual, alleged or threatened discharge, to an "insured" with respect to "pol- dispersal, seepage, migration, release or es- lutants" not in or upon a covered cape of "pollutants": "auto" if: ° a. That are, or that are contained in any (1) The "pollutants" or any property property that is: in which the "pollutants" are contained are upset, overturned (1) Being transported or towed by, or damaged as a result of the handled, or handled for move- maintenance or use of a covered ment into, onto or from the cov- ..auto"; and ered "auto"; (2) The discharge, dispersal, seep- (2) Otherwise in the course of age, migration, release or escape transit by or on behalf of the of the "pollutants" is caused di- "insured"; rectly by such upset, overturn or (3) Being stored, disposed of, treat- damage. ed or processed in or upon the covered "auto"; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 11 of 13 E. "Diminution in value" means the actual or a. That indemnifies a railroad for "bod- perceived loss in market value or resale val- ily injury" or "property damage" ue which results from a direct and accidental arising out of construction or demoli- "loss". tion operations, within 50 feet of any F. "Employee" includes a "leased worker". railroad property and affecting any "Employee" does not include a "temporary railroad bridge or trestle, tracks, road worker". beds, tunnel, underpass or crossing; or G. "Insured" means any person or organization qualifying as an insured in the Who Is An b. That pertains to the loan, lease or Insured provision of the applicable coverage. rental of an "auto" to you or any of Except with respect to the Limit of Insurance, your "employees", if the "auto" is the coverage afforded applies separately to loaned, leased or rented with a driv- each insured who is seeking coverage or er; or against whom a claim or "suit" is brought. c. That holds a person or organization H. "Insured contract" means: engaged in the business of transport- ing property by "auto" for hire harm- 1. A lease of premises; less for your use of a covered "auto" 2. A sidetrack agreement; over a route or territory that person 3. Any easement or license agreement, ex- or organization is authorized to serve cept in connection with construction or by public authority. demolition operations on or within 50 I. "Leased worker" means a person leased to feet of a railroad; you by a labor leasing firm under an agree- ment between you and the labor leasing firm, 4. An obligation, as required by ordinance, to perform duties related to the conduct of to indemnify a municipality, except in your business. "Leased worker" does not in- connection with work for a municipality; clude a "temporary worker". 5. That part of any other contract or agree- J. "Loss" means direct and accidental loss or ment pertaining to your business (includ- damage. ing an indemnification of a municipality in connection with work performed fora K. "Mobile equipment" means any of the fol- municipality) under which you assume lowing types of land vehicles, including any the tort liability of another to pay for attached machinery or equipment: "bodily injury" or "property damage" to 1. Bulldozers, farm machinery, forklifts and a third person or organization. Tort liabil- other vehicles designed for use princi- ity means a liability that would be im- pally off public roads; posed by law in the absence of any 2. Vehicles maintained for use solely on or contract or agreement. next to premises you own or rent; 6. That part of any contract or agreement 3. Vehicles that travel on crawler treads; entered into, as part of your business, pertaining to the rental of lease, by you 4. Vehicles, whether self-propelled or not, or any of your "employees", of any maintained primarily to provide mobility "auto." However, such contract or agree- to permanently mounted: ment shall not be considered an "insured a. Power cranes, shovels, loaders, dig- contract" to the extent that it obligates gers or drills; or you or any of your "employees" to pay for "property damage" to any "auto" re- b. Road construction or resurfacing nted or leased by you or any of your equipment such as graders, scrapers "employees". or rollers. An "insured contract" does not include that part of any contract or agreement: CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 12 of 13 5. Vehicles not described in Paragraphs 1., L. "Pollutants" means any solid, liquid, gaseous 2., 3., or 4. above that are not self-pro- or thermal irritant or contaminant, including pelled and are maintained primarily to smoke, vapor, soot, fumes, acids, alkalis, provide mobility to permanently attached chemicals and waste. Waste includes materi- equipment of the following types: als to be recycled, reconditioned or re- a. Air compressors, pumps and gener- claimed. ators, including spraying, welding, M. "Property damage" means damage to or loss building cleaning, geophysical explo- of use of tangible property. ration, lighting and well servicing N. "Suit" means a civil proceeding in which: equipment; or 1. Damages because of "bodily injury" or b. Cherry pickers and similar devices "property damage"; or used to raise or lower workers. 6. Vehicles not described in Paragraphs 1., 2. A "covered pollution cost or expense", 2., 3. or 4. above maintained primarily to which this insurance applies, are alleged. for purposes other than the transporta- "Suit" includes: ° tion of persons or cargo. However, self- propelled vehicles with the following a. An arbitration proceeding in which types of permanently attached equipment such damages or "covered pollution are not "mobile equipment" but will be costs or expenses" are claimed and to which the "insured" must submit considered "autos": or does submit with our consent; or a. Equipment designed primarily for: b. Any other alternative dispute resolu- (1) Snow removal; tion proceeding in which such dam- (2) Road maintenance, but not con- ages or "covered pollution costs or struction or resurfacing; or expenses" are claimed and to which the insured submits with our con- (3) Street cleaning; sent. b. Cherry pickers and similar devices mounted on automobile or truck O. "Temporary worker" means a person who is chassis and used to raise or lower furnished to you to substitute for a perma- workers; and nent "employee" on leave or to meet sea- sonal or short-term workload conditions. c. Air compressors, pumps and gener£tors, including spraying, weld- ing, P.building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is ° licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos". CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 13 of 13 IL 01 46 08 10 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less favor- Coverage Part and the Capital Assets Pro- able to the insured. gram (Output Policy) Coverage Part, if A. Cancellation made a part of this policy, by mailing or 1. The first Named Insured shown in the delivering to the first Named Insured and Declarations may cancel this policy by the first Named Insured's agent or broker written notice of cancellation at least five notifying us or the insurance producer in days before the effective date of cancella- tion for any structure where two or more a. Written notice by mail, fax or e-mail-, of the following conditions exist: b. Surrender of the policy or binder; or a. Without reasonable explanation, the c. Verbal notice. structure is unoccupied for more Upon receipt of such notice, we will can- than 60 consecutive days, or at least cel this policy or any binder issued as evi- 65% of the rental units are unoccu- dence of coverage, effective on the later pied for more than 120 consecutive of the following: days, unless the structure is main- a. The date on which notice is received tained for seasonal occupancy or is or the policy or binder is surren- under construction or repair; dered; or b. Without reasonable explanation, b. The date of cancellation requested progress toward completion of per- by the first Named Insured. manent repairs to the structure has not occurred within 60 days after re- 2. We may cancel this policy by mailing or ceipt of funds following satisfactory delivering to the first Named Insured and adjustment or adjudication of loss re- the first Named Insured's agent or broker sulting from afire; written notice of cancellation, including c. Because of its physical condition, the the actual reason for the cancellation, to structure is in danger of collapse; the last mailing address known to us, at least: d. Because of its physical condition, a a. 10 days before the effective date of vacation or demolition order has cancellation if we cancel for nonpay- been issued for the structure, or it ment of premium; or has been declared unsafe in accor- dance with applicable law; b. 45 days before the effective date of cancellation if we cancel for any oth- e. Fixed and salvageable items have er reason; been removed from the structure, in- dicating an intent to vacate the struc- except as provided in Paragraphs 3. and ture; 4. below. f. Without reasonable explanation, heat, water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 01 46 08 10 © Insurance Services Office, Inc., 2010 Page 1 of 4 4. If: 7. If this policy is cancelled, we will send a. You are an individual; the first Named Insured any premium re- b. A covered auto you own is of the fund due. If we cancel, the refund will be "private type";passenger t e"; and pro rata. If the first Named Insured can- cels,cels, the refund will be at least 90% of the c. The policy does not cover garage, pro rata refund unless the following ap- automobile sales agency, repair plies: shop, service station or public park- ing place operations hazards; a. For Division Two - Equipment Break- down, if the first Named Insured can- we may cancel the Commercial Auto- cels, the refund will be at least 75% mobile Coverage Part by mailing or of the pro rata refund. delivering to the first Named Insured and the first Named Insured's agent or broker b. If: written notice of cancellation, including (1) You are an individual; the actual reason for cancellation, to the (2) A covered auto you own is of the last mailing address known to us: "private passenger type"; a. At least 10 days before the effective (3) The policy does not cover ga- date of cancellation if we cancel for rage, automobile sales agency, nonpayment of premium; or repair shop, service station or b. At least 10 days before the effective public parking place operations date of cancellation for any other rea- hazards; and son if the policy is in effect less than (4) The first Named Insured cancels; 30 days; or the refund will be not less than 90% c. At least 20 days before the effective of any unearned portion not exceed- date of cancellation for other than ing $100, plus 95% of any unearned nonpayment if the policy is in effect portion over $100 but not exceeding 30 days or more; or $500, and not less than 97% of any " d. At least 20 days before the effective unearned portion in excess of $500. date of cancellation if the policy is in The cancellation will be effective even if effect for 60 days or more or is a re- we have not made or offered a refund. newal or continuation policy, and the 8. If notice is mailed, proof of mailing will reason for cancellation is that your be sufficient proof of notice. driver's license or that of any driver B. Changes who customarily uses a covered "auto" has been suspended or The policy contains all the agreements be- revoked during policy period. tween you and us concerning the insurance 5. We will also mail or deliver to any mort- afforded. The first Named Insured shown in gage holder, pledgee or other person the Declarations is authorized to make shown in this policy to have an interest in changes in the terms of this policy with our any loss which may occur under this poli- consent. This policy's terms can be amended cy, at their last mailing address known to or waived only by endorsement issued by us us, written notice of cancellation, prior to and made a part of this policy. the effective date of cancellation. If can- C. Examination Of Your Books And Records cellation is for reasons other than those We may examine and audit your books and contained in Paragraph A.3. above, this records as they relate to this policy at any notice will be the same as that mailed or time during the policy period and up to three delivered to the first Named Insured. If years afterward. cancellation is for a reason contained in D. Inspection And Surveys Paragraph A.3. above, we will mail or de- 1. We have the right to: liver this notice at least 20 days prior to the effective date of cancellation. a. Make inspections and surveys at any 6. Notice of cancellation will state the effec- time; tive date of cancellation. The policy pe- b. Give you reports on the conditions riod will end on that date. we find; and c. Recommend changes. Page 2 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10 2. We are not obligated to make any inspec- G. Nonrenewal tions, surveys, reports or recommenda- 1. We may elect not to renew this policy by tions, and any such actions we do under- mailing or delivering written notice of take relate only to insurability and the nonrenewal, stating the reasons for premiums to be charged. We do not nonrenewal, to the first Named Insured make safety inspections. We do not un- and the first Named Insured's agent or dertake to perform the duty of any person broker, at their last mailing addresses or organization to provide for the health known to us. We will also mail to any or safety of workers or the public. And we mortgage holder, pledgee or other per- do not warrant that conditions: son shown in this policy to have an inter- a. Are safe or healthful; or est in any loss which may occur under b. Comply with laws, regulations, this policy, at their last mailing address codes or standards. known to us, written notice of 3. Paragraphs 1. and 2. of this condition ap- nonrenewal. We will mail or deliver thesenotices at least 45 days before the: ply not only to us, but also to any rating, advisory, rate service or similar organiza- a. Expiration of the policy; or tion which makes insurance inspections, b. Anniversary date of this policy if this surveys, reports or recommendations. policy has been written for a term of 4. Paragraph 2. of this condition does not more than one year. apply to any inspections, surveys, reports Otherwise, we will renew this policy un- or recommendations we may make rela- less: tive to certification, under state or mu- a. The first Named Insured fails to pay nicipal statutes, ordinances or regula- the renewal premium after we have tions, of boilers, pressure vessels or expressed our willingness to renew, elevators. including a statement of the renewal E. Premiums premium, to the first Named Insured The first Named Insured shown in the Dec- and the first Named Insured's insur- larations: ance agent or broker, at least 20 days 1. Is responsible for the payment of all pre- before the expiration date; miums; and b. Other coverage acceptable to the in- 2. Will be the payee for any return premi- sured has been procured prior to the ums we pay. expiration date of the policy; or F. Transfer Of Your Rights And Duties Under c. The policy clearly states that it is not This Policy renewable and is for a specific line, Your rights and duties under this policy may subclassification, or type of coverage 9 P Y Y that is not offered on a renewable ba- not be transferred without our written con- sis. sent except in the case of death of an individ- ual Named Insured. 2. If: If you die, your rights and duties will be trans- a. You are an individual; ferred to your legal representative but only b. A covered auto you own is of the while acting within the scope of duties as "private passenger type"; and your legal representative. Until your legal re- c. The policy does not cover garage, presentative is appointed, anyone having automobile sales agency, repair proper temporary custody of your property shop, service station or public park- will have your rights and duties but only with ing place operations hazards; respect to that property. IL 01 46 08 10 © Insurance Services Office, Inc., 2010 Page 3 of 4 the following applies to nonrenewal of b. We will not refuse to renew Liability the Commercial Automobile Coverage Coverage or Collision Coverage sole- Part in place of GA.: ly because an "insured" has submit- a. We may elect not to renew or con- ted claims under Comprehensive tinue this policy by mailing or Coverage or Towing And Labor Cov- delivering to you and your agent or erage. broker written notice at least 20 days c. If we fail to mail or deliver proper no- before the end of the policy period, tice of nonrenewal and you obtain including the actual reason for other insurance, this policy will end nonrenewal. If the policy period is on the effective date of that insur- more than one year, we will have the ance. right not to renew or continue it only at an anniversary of its original effec- tive date. If we offer to renew or con- tinue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. Page 4 of 4 © Insurance Services Office, Inc., 2010 IL 01 46 08 10