Loading...
HomeMy WebLinkAboutCAG2020-204 - Original - Northwest Cascade, Inc. - Flagging/Traffic Control - 06/19/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 KENT POLICE SERVICES AGREEMENTWAtHr¡61oN THIS AGREEMENT is made between the_ City of Kent, a Washington municipal corporation (hereinafter "Kent"), and NoPrÊr-r€Ér CÀsel+ÈÉ, t'.¡4- , orgãnized under the laws of the State of Washington, located and doing business at lgrlr¿ Jq.r*t ÉAa$-lAxÌ¡er.À, ¡¡¡é*1 €tSn- (hereinafter the "Contractor"). P.;u¡*r-uoP, *A 4tS?4 X. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall mean this document, and any and all Scope of Services Attachments (hereinafter "Attachments") which describe the scope of services to be peformed. The Attachments are hereby incorporated into this Agreement by this reference. It is recognized that the Contractor may request police services on several occasions, and therefore, while this main Agreement will only be signed one time, there may be multiple Attachments to this Agreement. This Agreement shall be enforceable with regard to each instance of work performed pursuant to each Attachment. In the event of a conflict between the terms of this Agreement and any Attachment, the terms of this Agreement shall prevail. The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated into this Agreement as if set fofth herein in full. IL SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent police officer who will be dedicated to performing the services described in the Attachment(s) to this Agreement. Police officers shall only be permitted to provide police-related services durlng the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. III. COST OF SERVICES AND PAYMENT A. Hourly Rate. Contractor shall pay to the Kent Police Depaftment a sum for each hour of worked performed by a commissioned police officer. The Chief of Police or his or her designee shall have the authority to determine the hourly rate that will be specified in the Attachrnent. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under this Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer peforms services. For example, if Contractor needs two (2) police officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays shall be subject to an increased hourly rate that will be specified in the Attachment. Shlfts that POLICE SERVICES AGREEMENT. 1 (Form Verslon: 1/201ó) last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours may not be specified in the Attachment, but will be approximately at a rate of one and one-half (1,5) times the regular hourly rate charged on that day, The Contractor will be billed and shall pay the rate for work over ten (10) hours even if not specified in the Attachment, D. Method and Time of Payment. Kent shall, within a reasonable time, submit a bill to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14) calendar days of receipt of such bill, pay the amount owing to Kent, All payments shall be made to the "City of Kent" and shall be delivered to: City of Kent Attn: Customer Services 220 Foufth Avenue South Kent, WA 98032 E. Late Payment Penalties. If Contractor fails or neglects to pay any invoice within thirty (30) calendar days from the date shown on the invoice as the "invoice date," a service charge of one percent (10/o) of the amount of the unpaid balance on the account or two dollars ($2.00), whichever sum is greater, will be imposed one (1) month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. Any invoice or service charge due under this Agreement and unpaid shall constitute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 of the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may seek collection by couft proceedings, which remedies shall be in addition to all other remedies. At the discretion of the Chief of Police or his or her designee, services may not be provided to Contractors who have delinquent payments. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent and its Police Department, and shall be required to follow the orders of superuisors and command staff. Contractor understands that police officers performing services pursuant to this Agreement may, from time to time, be required to perform traditional police duties for the benefit of the greater public. Therefore, from time to time, police officers performing services for Contractor may be required to respond to emergencies and abandon the services being called for under this Agreement. In the event of this occurrence, Contractor shall not be relieved of providing full payment; provided, that in the event the interruption lasts longer that one half of ône houi (i.e., more than thifty (30) continuous minutes), Kent and Contractor will agree to an amount of a reduction in the costs of services to account for the police officer's time not performing services under this Agreement. V. INDEMNIFICATION. A. General. Contractor shall defend, indemnify, and hold Kent, its officers, offlcials, 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 Kent's peformance of this Rgrèement, except for that portion of the injuries and damages caused by the sole negligence of Kent or lts officers or employees. POLICE SERVTCES AGREEMENT. 2 (Form Verslon: t12076) regulat¡ons appl¡cable to Contractor's business. Moreover, 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 in violation of any laws of the State of Washington or the United States, fX. INSURANCE. Contractor shall at all times during Kent's performance of the services called for in this Agreement procure and maintain insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. Contractor shal] take all necessary precautions and shall be responsible for the safety of its employees, agents, guests, and all persons on Contractor's property and invitees at all times when a police officer is pelforming services pursuant to this Agreement. XI. MISCETLANEOUSPROVISIONS. A. Non-Waiver of Breach. The failure of Kent 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. B. 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 dÍspute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Couft, King County, Washington, unless the pafties 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; provigl_ed, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section V.B. of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the pafties 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. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning pafty 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. E, 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 Kent and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior POLICE SERVICES AGREEMENT - 4 (Form Version: U20t6) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF TMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION, THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. B. Indemnification and the Public Duty Doctrine. Contractor understands that, pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police Depaftment, and its officers and employees of the Kent Police Department, owe a general duty to the public and not a specific duty of protection or care to the Contractor, Contractor understands that by entering into this Agreement, the Police Department's and the police officer's duties remain to the public in general, and neither Kent, its Police Depaftment, nor any of its officers or employees have a specific duty of protection or care to the Contractor, its employees, subcontractors, and agents, or any of its guests, or other people on the premises of the Contractor. Moreover, neither Kent, its Police Depaftment, nor any officer or employee of Kent guarantees, in any way, the safety of any person or propefty as a result of the work performed under this Agreement. In the event of injury to any person or property, Contractor shall not assert that Kent, its Police Depaftment, or its police officer owed any special duty to protect persons or propefty or provide care for such persons or propefty or had any special relationship with the owner or any other person to protect persons or property. This Agreement shall in no way create a duty for Kent, its Police Department, or any of its officers or employees where none previously existed. In the event Kent is sued, and a court determines that the public duty doctrine does not apply, or an exception to the public duty doctrine exists with relation to an injury to the person or propefty of any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and defend Kent, its Police Department, and each and every officer and employee thereof to the full extent permitted by law. C. Survival. The provisions of this Section V shall survive the expiration or termination of this Agreement and the obligations contained therein will continue to apply beyond the provision of services called for in any Attachment. VI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an employee or agent of the other. VIL TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to obtain the services of a Kent Police Officer to perform the seruices called for in the Agreement, Kent will contact Contractor, and advise Contractor that Kent is unable to peform the services called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtaining replacement services. In the event Contractor must cancel, alter, or reschedule the services called for by this Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to the Police Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter, or reschedule at least ten and one-half (10.5) hours before the seruices are called for shall result in the Contractor paying the minimum four (4) hours of service provided for in Section III.B. above, regardless of whether such services are provided at a later or rescheduled date and time. VIII. CONTRACTOR SHATL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At AII times during Kent's peformance of this Agreement, Contractor shall abide by all laws and POLICE SERVICES AGREEMENT - 3 (Form verslon: Ll20t6) verbal statements of any officer or other representative of Kent, 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 paft of this Agreement. However, should any language in any of the Exhibits or Attachments to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Further, the representative signing this Agreement on behalf of Contractor swears and affirms that he or she is authorized to enter into this Agreement on behalf of Contractor and that action is binding on the Contractor. G. Compliance with Laws. Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the peformance of those operations. H. Gounterparts. This Agreement may be executed in any number of counterpafts, each of which shall constitute an original, and all of which will together constitute this one Agreement. . IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTORT By Print Name: Its rIP cef: darçrrtr¡fo t DATE: (titte)þ2p KENT: By F¿L (signature) Print Name: Rafael.PAdilla _Its Police Chief DATE: NOTICES TO BE SENT TO: CONTRACTOR: Arrn: ?0 # qzçr TÍ,+et lQy; t I .cow c lþ¡.gov zt'--2.(lephone) c cil :2rl'l1q'0ffi1 13--ar{r (facsimile) onncl NOTICES TO BE SENT TO: CITY OF KENT: sgt.SGT Matf Sta nsfi e City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856- s809 (telephone) (253) 856-6802 (facsimile) t:ç¡drulËþF ¡ildt¡ú4.f dldÍ.ù\o*dd&üÉ údo sdb! ÁE6M fô¡otrÞuv w#s POLICE SERVICES AGREEMENT. 5 (Form Versloni L|2OL6) KENT SCOPE OF SERVICES ATTACHMENT To Police Services AgreementwaaHt¡oto¡ lnts of Services chment shall be ln corporated into the Police by T, (hereinafter "Conträctor") DESCRIPTION OF SERVICES. Contractor requests the seruices of a commissioned police offlcerwho will be dedicated to performing the following services (check box that applies):Jlg FlaggingÆraffic Control tr Security for Entertainment Venue or Event n Securlty for Retail Establishment tr Guarding of Property, Buildings, Possessions, or Equipment tr other Police officers shall only be permltted to provlde police-related services during the performance of the work called for hereln, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. HOURLY RATE & NUMBER OF OFFICERIS REQUIRED. The work called for hereln shall be paid by Contractor at the following hourly rates and the Contractor requests the following Services Agrqement signedon ultat fpzo n. r of officers: Extra-Duty Work: Officer Up to $80 per hour.x SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 1 of 2 numbe { i I Number of Officers Required: Extra-Duty Work: Superuisor Up to $100 per hour.*Number of Supervisors Required:_ * Note: Hourly rates are quoted "up to" a specified amount. Officers are paid different rates based on factors such as time in service, assignment, education, etc. The rate quoted is the maximum rate that will be bllled subject to overtime holiday rates specified below. Contractor's rate may be lower. A.Four Hour Minimum. There shall be a four (4) hour min¡mum payment required for each instance that a police officer performs services under the Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer performs serulces. For example, if Contractor needs two (2) officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) officers for slx (6) hours each, Contractor shall pay for six (5) hours for each police officer for a total of twelve (12) hours. (Form Verslon: t2l20t7 B. c. III. LOCATION OF SERVICES. location: 'trtúçQÈs6.¿rttro^l . sig The services called for herein shall be performed at the following &2r2rr\ Ú¡'r & 7 ø"''r'. Att SF Kêr\fr t úft , lbo Sz_ D Overtime Rate. Contractor shall be required to pay the rate of one and one half (1.5) times the rate specified above for any time worked by a police officer in excess of ten (10) hours in a shift, Therefore, if a police officer works ten (10) hours, he or she shall be paid at the rate specified above. tf the officer works twelve (12) hours, he or she shall be paid at the rate specified above for the first ten (10) hours, and at a rate of one and one half (1.5) times the rate specified above for the remainlng two (2) hou rs. Haliday Rate, The following holidays are observed by Kent police officers: New Year's Day, Martin Luther King Day, President's Day, Memorlal Day, Independence Day, Labor Day, Veteran's Day, Thanksglving Day, Day after Thanksgiving, and Christmas. Except as otherwise provided in this section, all hours worked during an observed holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New Year's Eve, wlll be billed at one and a half (1.5) times the rate specified above. All hours worked on Thanksglvlng Day or Christmas Day will be billed at a rate of two (2.0) times the rate speclfied above. Contractor's Termination. Alteration or Rescheduling of Services. Cancellation, alteration, or rescheduling of police officer services by the Contractor for a specific date must be made at least ten and a one-half (10.5) hours prior to the scheduled start time for that date. If Contractor fails to provide ten and one-half (10.5) hours advance notice from the scheduled sta¡t time, Contractor will be billed for a minimum payment of four (4) hours per officer scheduled for that date in accordance with Section II.A. above. Cancellation, alteration, or rescheduling notification can be made by phone or email. A police officer will arrive at the above location on the date and time specified below police officer provide servicesKentJrv..rJè 23,zUEt By signing below, t understand that I am entering a contract to hire police officers to perform the work described above, I agree to the terms of this Scope of Services Attachment and all of the terms contained within the Police Services Agreement referenced herein, and finally if I am slgning this Scope of Seruices Attachment on behalf of an organization, I swear and affirm that I am authorized to n and that actlon is binding on the Contractor. DATE AND TIME FOR SERVICES. Contractor requests a fromf'3rO amlø rl \¡^¡p ,23,20Æ,¡s 6'ôD @/pm SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 2 of 2 b tq 2,,A2Å Date Approved by: ,ã"A Kent Police Department Date (-e,{AS> Prlnt Name ?o.b* 4"g€F', Flwt¿*t qf., w&%417 Address (Form Verslon: L2l 20t7) Glient#: 12831 NORTCASCl ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD¡YYYY} 5t08t2020 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 CERT¡FICATE HOLDER. IMpORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS 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 cert¡ficate holder in lieu of such endorsement(s). PRODUCER Propel lnsurance Tacoma Gommercial lnsurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 Gasondra Mossuto ljlS*,u." "*,, 8oo 499-0933 866 577-1326 Casond nsuranGe,com INSURER(S} AFFOROING COVERAGE NAIC # lNsuRER a: Zurich Amer¡can lnsurance Gompany 16535 ¡NSURED Northwest Gascade lnc. dba FloHawks Honey Buckets & North Bay Portables PO Box 73399 Puyallup, WA 98373 tNsuRER s . Navigators Excess Gasualty Division 42307 tNsuRER c . Axis Surplus lnsurance Gompany 26620 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERT¡FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF 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. TYPE OF INSURANCE ADDItNcÞ SUBF POLICY NUMBER POLIGY EF!' IMM/DD/YYYYI POLICY bXP IMM/DD/YYYYI LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS-I\,IADE OCCUR BI/PD Ded 000 GEN'L AGGREGATE LIIVlIT APPLIES PER: POLICY OTHER: PRO.JEcr I I roc X x GLAo1 3642405 10101120't9 1010'U2020 EACH OCCURRENCE s 1.000.000 $300,000 IVIED EXP (Any one person)s 10,000 PERSONAL & ADV INJURY s 1.000.000 GENERAL AGGREGATE s2.000.000 PRODUCTS. COMP/OP AGG s2.000.000 $ A AUTOMOBILE LIABILITY ANY AUÏO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUIOS NON-OWNED AUTOS ONLYx cLAo1 3642405 lol01l20't9 't0t01t2020 COMtsINED SINGLI LIMII s1,000,000 BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ PROPERTY DAI\¡AGE lPér ãcc¡dentì $ $ B UMBRELLA LIAB EXCESS LIAB x OCCUR CLAIMlS-¡/lADE SEl9EXCZO346EQN t0t01t2019 1010'U2024 EACH OCCURRENCE $5.000.000 X AGGREGATE s5.000.000 DED RETENTION $$ A WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEFYMEMBER EXCLUDED? (Mandatory ¡n NH) lf yes, descr¡be under DESCRIPTION OF OPERATIONS beIoW N/A wc013642505 lncl. USL&H & WA Stop Gap 10t01t2019 10t01t2020 x PER OTH. É.1. EACH ACCIDENT s1.000.000 Ê.1. DISEASE - EA E¡/PLOYEE s1.000.000 E.L. DISEASE - POLICY LIMIT s1.000.000 c A Pollution lnst. Floater cP002899032019 cPP0r3642705 10t01t2019 t0/01/2019 'lu0'll202o 'tu0112020 $1,000,000 / $25K Ded. Job Site: $100k Transit $25k Temo $25k DESCRTPTTON OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Add¡tional Remarks Schedule, may be attached ¡f more space ¡s required) RE: #19-3006 / 76th Avenue South lmprovements. Additional lnsured Status applies per attached form(s). RTIFICA AcoRD 25 (2016/03) I of 1 #s41221141M41 18108 O 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reg¡stered marks of AGORD KTROO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, â.¡*-" A. Y{o-. *ø*4*- AUTHORIZED REPRESÊNTATIVE Gity of Kent 400 West Gowe Kent, WA 98032 This page has been left blank intentionally. Additional Insured - Automatic - Owners, Lessees Or Contractors ñì-- ZURICH i¡ Pol¡cy No.Eff. Date of Pol.Exp. Date of Pol Eff. Date of End Producer No Add'|. Prem Return Prem 3LA-o136424-05 10t01t2019 10t01t2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named lnsured: Address (including ZIP Gode): This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section ll - Who ls An lnsured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and 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 or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or wriften agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. u-GL-1 175-F CW (04/13) Page 1 of 2 lncludes copyrighted material of lnsurance Services Office, lnc., w¡th ¡ts permission C. The following is added to Paragraph 2. Duties ln The Event Of Occurrence, Offense, Claim Or Suit of Section lV - Gommercial General Liability Gonditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named lnsured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other lnsurance Condition of Section lV - Gommercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named lnsured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other lnsurance Condition of Section lV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named lnsured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section lll - Limits Of lnsurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of lnsurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. All other terms and conditions of this policy remain unchanged u-GL-1175-F CW (04/13) Page 2 of 2 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Ø Waiver Of Subrogation (Blanket) Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: Ifyou are required by a written contract or agreement, which is executed before a loss, to waive your rights ofrecovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12101) Page I of I Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date ofEnd.Producer Add'I. Prem Return Prem. GLA-0136424-05 t0/0112019 t0/0v20t0 $$ POLICY NUMBER: GLA-O1 36424-05 COMM ERCIAL GENERAL LIABILITY cG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESTGNATED CONSTRUCTION PROJ ECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Gonstruction Project(s): ANY CONSTRUCTION PROJECT EXCEPT A CONSTRUCTION PROJECT FOR WHICH A coNSoLtDATED (WRAp-Up) OR STM|LAR TNSURANCE PROGRAM HAS BEEN PROVIDED lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section | - Coverage G, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage An ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. lnsureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eralAggregate Limit. @ lnsurance Services Office, lnc., 2008 Page I of 2 Wolters Kluwer F¡nancial Serv¡ces I Uniform FormsrM cG 25 03 05 09 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage G, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. G. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury",or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. lf the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section lll - Limits Of lnsur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 o1 2 @ lnsurance Services Office, lnc., 2008 cG 25 03 05 09 Contractors Liabilify Supplemental Coverages And Conditions ñ,-J ZURICH Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add'|. Prem Return Prem. 3LA-0136424-05 10t01t2019 1010112020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Gommercial General Liability Goverage Part NON.OWNED WATERCRAFT SCHEDULE Watercraft Length: _ feet (lf no amount is shown above, 51 feet applies.) A. Non-owned Watercraft Liability Extended Coverage Paragraph (2) of Exclusion 2.9. Aircraft, Auto Or Watercraft under Section I - Coverage A - Bodily lnjury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than the length shown in the Non-Owned Watercraft Schedule of this endorsement; and (b) Not being used to carry persons or property for a charge; B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section I - Goverage A - Bodily lnjury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of lnsurance applies to this coverage as described in Section Ill - Limits Of lnsurance. 2. The paragraph directly following Paragraph (6) in Exclusion j. of Section | - Goverage A - Bodily lnjury And Property Damage Liability is replaced by the following: Paragraphs (f ), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of lnsurance applies to Damage to Premises Rented to You as described in Section lll- Limits Of lnsurance. 3. Paragraph 6. of Section lll - Limits Of lnsurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the "insured contract" definition under the Definitions Section is replaced by the following: u-GL-1060-E CW (04/13) Page 1 of 6 lncludes copyrighted material of lnsurance Serv¡ces Office, lnc., with ¡ts perm¡ssion. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 5. Paragraph (ii) under Paragraph 4.b.(1) of the Other lnsurance Condition under Section lV - Commercial General Liability Gonditions is replaced by the following: (ii) That is property insurance providing coverage for "specific perils" for premises rented to you or temporarily occupied by you with permission of the owner; 6. The following definitions are added to the Definitions Section: "Specific perils" means fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment, weight of snow, ice or sleet or "water damage". 'Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. G. Additional Insured - Lessor Of Leased Equipment - Automatic Status When Required ln Lease Agreement With You 1. Section ll - Who ls An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits of lnsurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of lnsurance shown in the Declarations. D. Additional Insured - Managers Or Lessors Of Premises 1. Section ll - Who ls An lnsured is amended to include as an additional insured any person(s) or organization(s) that you have agreed in a written contract or written agreement to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and u-GL-1060-E CW (04/13) Page 2 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its perm¡ssion. b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits of lnsurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of lnsurance shown in the Declarations. E. Additional lnsured - State Or Governmental Agency Or subdivision Or Political Subdivision - Permits Or Authorizations 1. Section ll - Who ls An lnsured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute, ordinance or regulation to name as an additional insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (l ) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage included within the "products-completed operations hazard". However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the wriften contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of lnsurance shown in the Declarations. F. Personal And Advertising lnjury Goverage - Assumed Under Gontract Or Agreement 1. Exclusion e. of Section I - Goverage B - Personal And Advertising lnjury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (l) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: u-GL-1060-E CW (04/13) Page 3 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., w¡th ¡ts perm¡ss¡on (a) The liability pertains to your business and is assumed in a contract or agreement that is an "insured contract"; and (b) The "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability so assumed in such "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (¡) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same contract or agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this "personal and advertising injury" coverage only: Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments - Coverages A and B are replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Such payments will not be deemed to be damages for "bodily injury", "property damage" or "personal and advertising injury" and will not reduce the limits of insurance. G. lnsured Contract Amendment Paragraph f. and f.(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities; (4) That indemnifies a person or organization for "personal and advertising injury": (a) Arising out of advertising, publishing, broadcasting or telecasting done for you or on your behalf; or (b) To an "employee" of such person or organization that does advertising, publishing, broadcasting or telecasting for you or on your behalf; or (5) That indemnifies a labor leasing firm for "bodily injury" to "leased workers". u-GL-1060-E CW (04/13) Page 4 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission H. Medical Payments - lncreased Reporting Period Paragraph a. of Section l- Goverage C - Medical Payments is replaced by the following: a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. l. Broad Bail Bond Coverage Paragraph l.b. under Supplementary Payments - Coverages A And B is replaced by the following: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do not have to furnish these bonds. J. Amendment - Duties ln The Event of Occurrence, Offense, Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section lV - Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to your officer, manager, partner or an "employee" authorized by you to give or receive such notice. Knowledge by "employees" other than your officer, manager, partner or "employee" authorized by you to give or receive such notice of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. ln the event that an insured reports an "occurrence" to your workers compensation carrier and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after beíng made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section lV - Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: (l ) Fail to disclose all hazards existing at the inception of this policy; or (2) Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily lnjury Redefined The "bodily injury" definition under the Definitions Section is replaced by the following: u-GL-1060-E CW (04/13) Page 5 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., w¡th its permission. M "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish, mental injury, shock, fright or death resulting from bodily injury, sickness or disease. Two Or More Of Our Coverage Parts/Policies The following is added to Section lll - Limits of Insurance: 1. Subject to Paragraph 2. or 3. above, whichever applies, if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same "occurrence", only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such "occurrence". 2. Subject to Paragraph 2. above, if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense, only the highest available Personal And Advertising lnjury Limit under any such Coverage Part or policy applies to such offense. 3. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply, the most we will pay for all injury or damage because of "bodily injury" or "property damage" "occurrences", "personal and advertising injury" offenses and medical expenses is: a. The single highest Coverage Part or policy GeneralAggregate Limit; or b. The single highest Coverage Part or policy Products-Completed Operations Aggregate Limit, whichever applies, whether such "occurrence", offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. 4. Any existing provisions under Paragraph 4. Other Insurance under Section lV - Gommercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1.,2., and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich undenvriting company affiliated with us specifically to apply as excess insurance over this Coverage Part. Your Work Redefined Paragraph a.(1) of the "your work" definition under the Definitions Section is replaced by the following: 22. "Your work": a. Means: (l) Work or operations performed by you or on your behalf, but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named lnsured in the Declarations, which terminated or ended prior to the effective date of this policy; and All other terms and conditions of this policy remain unchanged u-GL-1060-E CW (04/13) Page 6 of 6 N lncludes copyrighted mater¡al of lnsurance Services Office, lnc., with its permission Coverage Extension Endorsement Ø ZURICH Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add'|. Prem Return Prem. 3LA-0136424-05 101o112019 10t01t2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Goverage Form Motor Garrier Coverage Form A. Amended Who Is An lnsured 1. The following is added to the Who ls An Insured Provision in Section ll - Govered Autos Liability Goverage The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.l.a. and 4.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or wriften agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of lnsurance shown in the Declarations, whichever is less. 2. The following is added to the Other lnsurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary and Excess lnsurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment - Supplementary Payments Paragraphs a.(2) and a.(4) of the Goverage Extensions Provision in Section ll - Covered Autos Liability Goverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. u-cA-424-F CW (04/14) Page '1 of 6 lncludes copyr¡ghted material of lnsurance Services Office, lnc., with its permission C. Fellow Employee Goverage The Fellow Employee Exclusion contained in Section ll- Govered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section ll - Govered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section lll - Physical Damage Goverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section lV - Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Goverage The following is added to the Coverage Provision of the Physical Damage Goverage Section: Lease Or Loan Gap Goverage ln the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Goverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph 4.2. of the Physical Damage Goverage Section is replaced by the followlng: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: lf glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage - lncreased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: u-cA-424-F CW (04114) Page 2 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., w¡th its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. l. Personal Effects Coverage The following is added to the Goverage Provision of the Physical Damage Goverage Section: Personal Effects Goverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) ln or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a. of Section lll - Physical Damage Goverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.2.c. of Section lV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph l.a. Comprehensive Goverage under the Goverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". u-cA-424-F CW (04/14) Page 3 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission K. Airbag Coverage The Exclusion in Paragraph 8.3.a. of Section lll - Physical Damage Goverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.4.a. of Section lV - Physical Damage Goverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: lf an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. lf the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. lf the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage - Comprehensive Coverage - Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos - Physical Damage 1. The following is added to Section l- Govered Autos: Temporary Substitute Autos - Physical Damage lf Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Goverage Provision of the Physical Damage Goverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. lf we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties ln The Event Of Accident, Glaim, Suit Or Loss Paragraph a. of the Duties ln The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. ln the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any u-cA-424-F CW (04/14) Page 4 of 6 lncludes copyrightêd material of lnsurance Services Office, lnc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. lnclude, as soon as practicable: (l) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. lf you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos - Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance - Primary and Excess lnsurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (l) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Goncealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (f ) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto - World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily lnjury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. u-cA-424-F CW (04/14) Page 5 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with ¡ts permission U. Expected Or lntended lnjury The Expected Or lntended Injury Exclusion in Paragraph B. Exclusions under Section ll- Govered Auto Liability Coverage is replaced by the following: Expected Or Intended lnjury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage - Additional Temporary Transportation Expense Goverage Paragraph 4.4.a. of Section lll - Physical Damage Goverage is replaced by the following: 4. Goverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Goverage of the Physical Damage Goverage Section: ln the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Goverage Section: lf a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same u-cA-424-F CW (04/14) Page 6 of 6 lncludes copyr¡ghted material of lnsurance Serv¡ces Office, lnc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILIW INSURANCE POLICY wcmß13 (Ed.4-&+) we have,he rsh,,",::::::ffiï::;lJï* *i:;::J ffi:ï::iiïi:ïy wew n., enf.rce our right against the person or organization narned in the Schedule. (This agreement applies only to the extent that you perform work under a written contracl that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not narned in the Schedule. Schedule ALL PERSONS AI{D/OR ORGAT{TZATTONS TIIAT ARE REgUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAI\¡ER OF SUBROGATION BE PROVIDED TNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AI{D/OR ORGAI\TIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless othen¡vise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy') Endorsement Effective Policy No. Endorsement No. lnsured premium $ lnsurance Company wc 00 03 13 (Ed.4-84) Copyright 1983 National Council on Compensation lnsurance Countersigned By