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CAG2020-021 - Amendment - Amendment #1
Agreement Routing Form • For Approvals,Signatures and Records Management T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. KEN WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Nancy Yoshitake for Phil McConnell Public Works Date Sent: Date Required: > 3/31/20 4/3/20 0 S. CL Authorized to Sign: Date of Council Approval: C 0 Director or Designee ❑ Mayor N/A Budget Account Number: Grant? ❑Yes 0 No E20018 Budget? 0 Yes ❑ No Type: Vendor Name: Category: Skillings, Inc. Contract Vendor Number: Sub-Category: C 177599 Amendment 1 0 Project Name: Fuel Tank Replacement I/Ut E C Project Details:Provide design revisions to Sump No. 6. c d 41 Agreement Amount: $6,836.94 Basis for Selection of Contractor: Go i Start Date: 3/31/20 Termination Date: 12/31/20 Im a Local Business? ❑Yes 0 No* *If meets requirements per KCC 3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contr ct Number:/� /� ❑Yes 0 No U J OLVOID Date Received by City Attorney: Comments: Im C 3 3 0 QJ y •� L a �/pt Date Routed to the Mayor's Office: 3 o (--�o Date Routed to the City Clerk's Office: 3/ ,d«W22373 , zo Visit Documents.KentWA.gov to obtain copies of all agreements • KEN T Wn5 H 1 N GTO.ti AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Skillinas, Inc. CONTRACT NAME & PROJECT NUMBER: Fuel Tank Replacement Proiect ORIGINAL AGREEMENT DATE: January 16, 2020 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide design revisions to Sump No. 6. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $64,631.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $64,631.00 including all previous amendments Current Amendment Sum $6,836.94 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $71,467.94 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/20 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 12/31/20 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF FN1 By: By: (s re) ( gn re) Print Name: Patrick Skillings Print Name: Timothy 1. LaPorte, P.E. Its Vice President Its Public Works Director (title) (title} DATE: March 31, 2020 DATE: 3 �/f zC��.-C� i ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) 4 4 W Kent City Clerk Kent Law Department Skillings-Fuel Tank Replacement 2 Amd 1/McConnell AMENDMENT - 2 OF 2 EXHIBIT A SCOPE OF WORK CITY OF KENT FUEL TANK REPLACEMENT PROJECT 18184—CONSTRUCTION SUPPORT Addendum No.1-Sump 6 Revisions March 25,2020 Introduction Per initial contract and scope or work,Firm completed 100%Plans,Specifications,and Estimate(PS&E)for installation of a new vehicle fueling facility at Client's City Shop,located at 5821 S.240`h St.Kent,WA. Client has awarded the construction contract and has requested design revisions to the Project detailed construction plans from Firm before construction began.Client has requested design revisions to Sump No. 6. The following scope of work delineates tasks to be performed as part of the agreement between Skillings, Inc.(Firm)and City of Kent(Client). Task 1 Project Revisions Client has requested changes to the 100%design for the Fuel Tank Replacement Project. Client has requested design changes to Sump No.6.Firm will work with the Client to produce revised Project drawings for Sump No.6. Assumptions: • A construction contract for implementation of Client's Fuel Tank Replacement Project has been executed between the City of Kent and Granite Petroleum. Client has requested that Firm provide design revisions to Sump No.6. • Client will identify the requested revision via email or another written directive to the Firm. • Firm will verify the requested change works with original design. • Work effort for requested Design revisions are limited to the hours shown on the Exhibit B-1. Task Description: 1. Firm will revise construction drawings to reflect changes to Sump No.6. Deliverable: • Revised Construction Drawings for Sump No.6, END SCOPE OF WORK Skillings,Inc. Page 1 of 3 Project No 18184—S4—Addendum 1 City of Kent Project Revision Support EXHIBIT B-1 CONSULTANT COST COMPUTATION-MAN-HOURS PROJECT NO. 18184 v, SUPPLEMENT NO.4-1 m Z m m CITY OF KENT GG-1 = C z FUEL TANK REPLACEMENT PROJECT SUMP 6 REVISION 2 m O m D m M '° z TASK p TASK DESCRIPTION 1 Sump 6 Revisions Revisions to design drawings or specifications 2 12 39.5 1 HOURS PER DISCIPLINE 2 12 39.5 1 Skiitings,inc. Page 2 of 3 Project No 18184-S4-Addendum 1 City of Kent Project Revision Support EXHIBIT B-2 CONSULTANT COST COMPUTATION—SUMMARY NEGOTIATED HOURLY RATE(NHR): Classification Man Hours X Rate Cast PROJECT MANAGER 2.00 X 214.58 = 429.16 SENIOR PROJECT ENGINEER 12.00 X 142.56 = 1,710.71 ENGINEER 39.50 X 115.83 = 4,575.29 TECHNICIAN 1,00 X 121.77 = 121,77 Total Hours= 54.50 Total NHR- L ';I `83G,94` REIMBURSABLES: Mileage 0.00 X 0.58 = 0.00 Miscell.ar.eous Expenses 0.00 X 0.10 = 0.00 Total Expenses= SUB-TOTAL(NHR+REIMBURSABLES+SUBCONSULTANTS): Sub Total . '. GRAND TOTAL GRAND TOTAL = c'6,836.94 PREPARED BY. Patrick E.:Skillings,PMP DATE: 03/25/2020 REVIEWED BY: Thomas E.Skillings;PE DATE: 03/25/2020 Skillings,Inc. Page 3 of 3 Project No 18184—S4—Addendum 1 City of Kent Project Revision Support Client#: 324969 SKILLINC12 ACORD,M CERTIFICATE OF LIABILITY INSURANCE DA7E(MMlOD(YYYY) 1/14/2020 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 hoider is an ADDITIONAL INSURED,the policy(ies)-must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER 'CONTACT NAME. Please See Below: USI Insurance Services NW PR PHONE FAX LAIC.No,EXt):206 441-6300 (A/C,No): 610-362-8530 601 Union Street,Suite 1000 ADDRESS, Seattle.PLCertRequest@usi.com Seattle,WA 98101 -- __.... INSURER(S)AFFORDING COVERAGE NAIC N _ INSURER A•Travakn Maemrty Company 25658 INSURED . - TINSURER ._...__.__NSURER B Tre elers lna ty comp ny 25658Skillings,Inc. C,Alaska National Insurance Company 38733 P.O.Box 5080 . _-._-- Olympia,WA 98509 i INSURER D:XL Specielry Insurance Company 37885 INSURERE Travale hdemnayeompanyofCT 25682 INSURER F: 1 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L'STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,. NSR ADDLSUBR POLICY EFP POLIIC�Y EXP LTR TYPE OF INSURANCE..... _.;INSR,WVQ.j POLICY NUMBER (MWDDtYYYY1 tMMfOO?YYYY); LIMITS A X: X X 16805H560029 2/18/2019 12/18/2020 PA OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY rM�qq{(�TT/JJtE m.-. CLAIMS-MADE OCCUR yREMfSE${Fagneg 00 i S1_ 0'OOQ I D exP(Any one arson) $10 000 'PERSONAL&ACV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: `"'-""" _....._..,.___.. GEyERALAGGREGATE S2 OOOjOOO POLICY k -I JECTT U LOC ! PRODUCTS-COMP/OP AGG $2 000,000 OTHER. E AUTOMOBILE LIABILITY X X BA6752L594 2/18/2019 12/18/2020 COMBINED Wden SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED 1 SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ROPERTntD._.. .,._ .a....._.......... ........_.._..._.__.. B X UMBRELLA LIAB I X OCCUR CUP7892Y166 2/1812019'12/18/202 EACH OCCURRENCE $5 OQO OOO _..., ----1 i s._.._-r ,_.. - - EXCESS LIAB CLAIMS MADE (Follow Form) i AGGREGATE $5 00O 000 . X T. Ic . 1o�oao_ $ A WORKERS COMPENSATION X '6805H560029 2/18/2019'12/18/2020 X pER- X °TH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER'EXECUTIVEn (WA Stop Gap) E EACH ACCIDENT $1 OQO,OQO OFFICER/MEMBER EXCLUOED? FNI N I A I _..____..._.-. .. .__..a. ..__.- C (Mandatory in NH) 119GWU10243 7/10/2019 i 07110/2020= :)SFASE-EA EMPLOYEE $1,000,000 If yes,describe ur1e, DESCRIPTION) 0>-+,SATONSbelow _ _ �USL H� D,SCASE-POLICY LIMIT $1,000,000 _.__ _,_..._. .. ..-....- ._._. _. . D Professional DPR9939091 3/0212019I03/02/202D $3,000,000 per claim Liability $3,000,000 annl aggr- DESCRIPTION OF OPERATIONS/LOCATIONS t VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Project No.18184; Project Name: Public Works Operations Facility New Fuel System Construction Support. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S27702862/M27653093 SRSJV DESCRIPTIONS (Continued from Page 1) that provides Additional Insured status to the Certificate Holder,City of Kent, only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. The General Liability policy includes Per Project Aggregate Limits and a Separation of Insureds Provision,when required by written contract The General Liability policy contains a special endorsement with"Primary and Noncontributory"wording, when required by written contract. Should the General Liability and Automobile Liability policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. The Umbrella Liability policy follows form of underlying liability. SAGITTA 25.3(2016/03) 2 Of 2 #S27702862/M27653093 COMMERCIAL AUTO POLICY: BA67521_594 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION It — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-5H560029-19-47 ISSUE DATE:10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE—LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS LIMITS OF INSURANCE Total Aggregate Limit $ 2,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Project Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) General Aggregate Limit $ 2,000,000 (Other Than Products-Completed Operations) Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed by you before the "bodily injury" or "property damage" occurs. Designated Locations: All locations listed in Item 3. of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this policy. PROVISIONS 1. The General Aggregate Limit (Other Than 1. The Limits of Insurance shown in the Products-Completed Operations) shown in the Declarations or the Schedule — Limits Of Declarations is replaced by the Limits of Insurance And Designated Projects And Insurance shown in the Schedule — Limits Of Locations, whichever apply, and the rules Insurance And Designated Projects And below fix the most we will pay regardless of Locations. the number of: 2. The following replaces Paragraph 1. of SECTION a. Insureds; III—LIMITS OF INSURANCE: b. Claims made or"suits" brought; CG D4 69 02 19 ©2017 The Travelers Indemnity Company All rights reserved Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc with its permission COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims under Coverage B. Instead, the or bringing "suits"; or General Aggregate Limit described in d. "Projects"or"locations". Paragraph 2.d. below applies to such 3. The following replaces Paragraph 2. of SECTION damages. III—LIMITS OF INSURANCE: (5) Any payments made for damages or Limit shown in the medical expenses to which the 2. a. The Total Aggregate Designated Project Aggregate Limit Schedule — Limits Of Insurance And applies will reduce the Designated Designated Projects And Locations is the Project Aggregate Limit for the most we will pay for the sum of all applicable "project". Such payments amounts under the Designated Location will not reduce the Total Aggregate Aggregate Limit and all amounts under Limit, the General Aggregate Limit the General Aggregate Limit. This described in Paragraph 2.d. below, includes: the Designated Project Aggregate (1) Damages under Coverage A, except Limit for any other "project" or the damages because of"bodily injury"or Designated Location Aggregate Limit. "property damage" included in c. Subject to the Total Aggregate Limit the "products-completed operations described in Paragraph 2.a. above, the hazard"; Designated Location Aggregate Limit (2) Damages under Coverage B; and shown in the Schedule — Limits Of (3) Medical expenses under Coverage C. Insurance And Designated Projects And Locations applies and is further subject to b. The Designated Project Aggregate Limit all of the following provisions: shown in the Schedule — Limits Of Insurance And Designated Projects And (1) The Designated Location Aggregate Locations applies and is further subject to Limit is the most we will pay for the all of the following provisions: sum of: (1) The Designated Project Aggregate (a) Damages under Coverage A Limit is the most we will pay for the because of "bodily injury" and sum of: "property damage" caused by "occurrences", and (a) Damages under Coverage A because of "bodily injury" and (b) Medical expenses under "property damage" caused by Coverage C for "bodily injury" "occurrences"; and caused by accidents; (b) Medical expenses under that can be attributed only to Coverage C for "bodily injury" operations at a single"location". caused by accidents; (2) The Designated Location Aggregate that can be attributed only to Limit applies separately to each operations at a single"project". "location". (2) The Designated Project Aggregate (3) The Designated Location Aggregate Limit applies separately to each Limit does not apply to damages "project". because of"bodily injury" or "property (3) The Designated Project Aggregate damage" included in the "products- completed operations hazard". Limit does not apply to damages Instead, the Products-Completed because of"bodily injury" or"property Operations Aggregate Limit damage" included in the "products- completed operations hazard". described in Paragraph 3. below Instead, the Products-Completed applies to such damages. Operations Aggregate Limit (4) The Designated Location Aggregate described in Paragraph 3. below Limit does not apply to damages applies to such damages. under Coverage B. Instead, the (4) The Designated Project Aggregate General Aggregate Limit described in Limit does not apply to damages Page 2 of 3 ©2017 The Travelers Indemnity Company.All rights reserved. CIS D4 69 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY Paragraph 2.d. below applies to such General Aggregate Limit applies will damages. reduce: (5) Any payments made for damages or (a) The Total Aggregate Limit; and medical expenses to which the Designated Location Aggregate Limit (b) The General Aggregate Limit. applies will reduce: Such payments will not reduce the (a) The Total Aggregate Limit; and Designated Project Aggregate Limit for any "project" or the Designated (b) The Designated Location Location Aggregate Limit for any Aggregate Limit for the applicable "location". "location". Such payments will not reduce the 4. The following replaces Paragraph 3. of SECTION General Aggregate Limit described in III—LIMITS OF INSURANCE: Paragraph 2.d. below, the 3. The Products-Completed Operations Aggre- Designated Project Aggregate Limit gate Limit shown in the Declarations is the or the Designated Location most we will pay under Coverage A for Aggregate Limit for any other damages because of "bodily injury" or "location". "property damage" included in the "products- completed operations hazard". Any payments d. Subject to the Total Aggregate Limit made for such damages will not reduce the General Aggregate described g Paragraph shown in the a. above, the Total Aggregate Limit, the General Aggregate gregate Limit s Limit, the Designated Project Aggregate Limit Schedule — Limits Of Insurance And for any "project" or the Designated Location Designated Projects And Locations Aggregate Limit for any"location". applies and is further subject to all of the following provisions: S. The following is added to the DEFINITIONS Section: (1) The General Aggregate Limit is the Y 9"Location" means an desi nated location shown most we will pay for the sum of: in the Schedule — Limits Of Insurance And (a) Damages under Coverage A Designated Projects and Locations that is owned because of "bodily injury" and by or rented to you. For the purposes of "property damage" caused by determining the applicable aggregate limit of "occurrences", and medical insurance, each "location" that includes a expenses under Coverage C for premises involving the same or connecting lots, "bodily injury" caused by or premises whose connection is interrupted only accidents, that cannot be by a street, roadway or waterway, or by a right-of- attributed only to operations at a way of a railroad, will be considered a single single "project" or a single "location". "location"; and "Project" means any designated project shown in (b) Damages under Coverage B. the Schedule — Limits Of Insurance And (2) The General Aggregate Limit does Designated Projects And Locations that is away not apply to damages for "bodily from premises owned by or rented to you and at injury" or "property damage" included which you contract re performing ero mfinoperations r to opeatio sppursuent of in the "products-completed oper- ations hazard". Instead, the determining the applicable aggregate limit of Products-Completed Operations insurance, each "project" that includes a premises Aggregate Limit described in involving the same or connecting lots, or Paragraph 3. below applies to such premises whose connection is interrupted only by damages. a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single (3) Any payments made for damages or "project". medical expenses to which the CG D4 69 02 19 C 2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. PDUCY: 68O5H56OO29 COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II—Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III—LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph S. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing"suits". the beginning of the policy period shown in the 2. The General Aggregate Limit is the most we will a Declarations, unless the policy period is extended after pay issuance for an additional period of less than 12 for the sum of: months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury" or "property damage" SECTION IV — COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury" and "property 2, Duties In The Event Of Occurrence, Offense, damage" included in the "products-completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon 4. Subject to Paragraph 2. above, the Personal And as practicable of an "occurrence" or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent under Coverage B for the sum of all damages possible, notice should include: because of all "personal injury" and "advertising injury" sustained by any one person or organization. (1) How, when and where the "occurrence" or S. Subject to Paragraph 2. or 3. above, whichever offense took place; applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or b. Medical expenses under Coverage C; damage arising out of the "occurrence" or because of all "bodily injury" and "property damage" offense. arising out of any one"occurrence". b. If a claim is made or "suit" is brought against For the purposes of determining the applicable any insured,you must: Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or"suit"and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one "occurrence". You must see to it that we receive written notice 6. Subject to Paragraph S. above, the Damage To of the claim or"suit"as soon as practicable. Premises Rented To You Limit is the most we will c. You and any other involved insured must: pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one premises. The demands, notices, summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or"suit"; CG T1 00 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (III) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of any trust: settlement of the claim or defense against that is your partner, joint venture the "suit"; and member, manager or trustee; or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any partnership, joint venture, limited person or organization which may be liable liability company, trust or other to the insured because of injury or damage organization to give notice of an to which this insurance may also apply. "occurrence"or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section 11 practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e.does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence"or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this (i) A partner or member of any Coverage Part or that are in excess of the partnership or joint venture; applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by (1i) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 8 2017 The Travelers Indemnity Company.All rights reserved, CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses,that is provided by, through or on behalf of: aircraft, "autos"or watercraft; (i) Another insurance company; (iv) That is insurance available to a premises owner, manager or (II) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4, of Section 11 — Occurrence Limit provision of Paragraph S. of Who Is An insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph S. of Amendment — Non Cumulation Of Each Section II — Who Is An Insured, Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury except when Paragraph d. below Limit endorsement is included in this policy; applies. (iii)Any risk retention group; or (b) Any of the other insurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part, have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any"suit" if any insurer means a provider of other insurance. As other insurer has a duty to defend the used in Paragraph c. below, insurer means a insured against that "suit". If no other insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown in the Declarations of this Coverage similar coverage for"your work"; Part. CG T1 00 02 19 m 2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, b. Separately to each insured against whom claim and we will not share with that other insurance, provided that: is made or"suit" is brought. (1) The "bodily injury" or "property damage" for 8 Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. S. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V—DEFINITIONS for audit and retrospective premiums is the date 1 "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of the advance and audit premiums paid for the Published to the general public or specific market segments about your goods, products or services policy period is greater than the earned premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: a. Notices that are published include material c. The first Named Insured must keep records of placed on the Internet or on similar electronic the information we need for premium means of communication; and computation, and send us copies at such times c co we may request. b. Regarding websites, only that part of a website as that is about your goods, products or services 6. Representations for the purposes of attracting customers or By accepting this policy,you agree: supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: 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 NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed_ LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION 11 -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR 'BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR"ADVERTISING INJURY"CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S)AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, CG T8 01 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURED DOES NOT APPLY TO"BODILY INJURY' OR"PROPERTY DAMAGE" OCCURRING, OR"PERSONAL INJURY' OR"ADVERTISING INJURY'ARISING OUT OF AN OFFENSE COMMITTED,AFTER: 1, ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT(OTHER THAN SERVICE, MAINTENANCE OR REPAIRS)TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED, OR 2. THAT PORTION OF"YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG TB 01 12 19 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 690-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: 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 NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGAN IZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION 11 -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY"YOUR WORK"AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE"PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 CG TB 02 12 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-5H560029-19-47 OFFICE PAC ISSUE DATE: 10/24/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Copyright ISO Properties, Inc. 2004 CG TS 02 12 19 Page 2 of 2