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HomeMy WebLinkAboutCAG2020-165 - Amendment - #1 - KPG, P.S. - West Hill Reservoir Landscape Design Services - 12/15/2020KENT 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 cheny colored paper)WasHtNGToN o oLco. Originator: Nancy Yoshitake for Drew Holcomb Department: Public Works Date Sent: 12t16t20 Date Required 12t21t20 Authorized to Sign: E Director or Designee E Mayor Date of Council Approval N/A Budget Account Number: \^/20054 Budget? EYes EINo Grant? EYes ENo Type: c .9,h, IE ELorF E tHtro EooL C'l Vendor Name: KPG, P.S. Category: Contract Vendor Number:Sub-Category: Amendment 1 Project Name: West Hill Reservoir Project oetails:Extend the time of completion to Decembet 31,2021 Agreement Amount: $0 Srarr Dare: 12115120 Basis for Selection of Contractor: Termination Date: 12131121 Local Business? E Yes El No* *lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cftyspace. Notice required prior to disclosure? EYes ENo Contract Number: cAG2020-165 C'ltr +, J E$o=Ei oc C'l 1A Date Received by city Attorney:Comments: Date Routed to the Mayor's Office Date Routed to the City Clerk's Office: adccwl237l 1 10 Visit Documents.KentwA.gov to obtain copies of all agreements KENT WasHrNcroN AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR:KPG. P.S. CONTRACT NAME & PROJECT NUMBER West Hill Reservoir ORIGINAL AGREEMENT DATE :June 8, 2O2O 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: No change to the scope of work, however an amendment is needed to extend the time of completion to December 3Lr 2O2L due to the project will not be completed by the time of contract completion. 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, includ ing a ppl icable WSST $27,014 Net Change by Previous Amendments includ ing applicable WSST $o Current Contract Amount including all previous amendments $27,014 Current Amendment Sum $o Applicable WSST Tax on this Amendment $o Revised Contract Sum $27,014 AMENDMENT-1OF2 Original Time for Completion (insert date) t2t3u20 Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required (+) for this Amendment 365 calendar days Revised Time for Completion (insert date) t2t3u2l 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 pafties below have executed this Amendment, which will become effective on the last date written below. coNSULTANT/VENDOR: By Etrztube+{o Qtbwn (signature) Pfint Namg. Elizabeth Gibson, PLA 115 Urban Design Manager (title) DATE: 12t14t20 crw KENT: By: Print Name: Its DATE: ATTEST: U* &^roda Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department KPG - W Hlll Reseruolr Amd l/Holcomb AMENDMENT-2OF2 Clienf#: 1487397 KPGPSACORD* CERTIFIGATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 6t03t2020 THIS CERTIFIGATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE rSSUtNc TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE 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 endorsemenl. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI lnsurance Services NW PR 601 Union Street, Suite 1000 Seattle, WA 98101 fiRtll" Tracy Miyake 206 441-6300 r.com 610-362-8530 INSURER(S) AFFORDING COVERAGE NAIC # tNsuRER A: Travelers lndemnity Go of America 25666 INSURED KPG, P.S. fka KPG, lnc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 tNsuRER s. Berkley lnsurance Company 32603 ;NSuRER c . Charter Oak Fire lnsurance Company 25615 INSURER D; INSURER E INSTJRER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSp POLICY NUMBER 6809M677855 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: "or,.r i i* !$oi OTHER: LOC x X x X 011O112020 0110112021 EACH OCCURRENCE $ 1,000,000 91,000,oqq $5.000 DAMAGE TO RENTED eBEllEEs (Ea ocscrelq9) MED EXP (Anv one person) PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP/OP AGG s2,000,000 $ c AUTOMOBILE LIABIL'TY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON.OWNED AUTOS ONLYX x 8A9M680558 cuP9M682435 )1lo'v2020 olto'U2021 0'110112021 s1.000.000 BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ $ $ A x UMBRELLA LIAB EXCESS LIAB x OCCUR CLAIMS-MADE x x 0110112020 EACH OCCURRENCE $1.000.000 AGGREGATE $1.000.000 DFN x nprrurrom *1 0-000 $ A WORKERS COMPENSATION AND EMPLOYERS'LrABrLtTy YrNANYPROPRIETOFyPARTNEFyEXECUTIVE I OFFICERYMEMBER EXCLUDED? N (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPFRATIoNS hclow NIA x 6809M677855 (WA Stop Gap) 0'U0112020 01t01t2021 PERQIATI ITE x OTH.rD E.L. EACH ACCIDENT $1.000.000 E,L. DISEASE - EA EMPLOYEE $1.000.000 E,L. DISEASE. POLICY LIMIT s1.000.000 B Professional Liability lncl: Pollution x AEC903396102 0110112020 01t01t2021 $2,000,000 per claim $2,000,000 annl aggr DESCRIPTION OF OPERATIONS / LOCATIONS MHICLES (ACORD 101, Additional Remarks Schedule, may bo aftached if more space is required) RE: KPG PN 20052 - West Hill Reservoir Landscaping. The General Liability and Automobile Liability policies include an automatic Additional lnsured endorsement that provides Additional Insured status to City of Kent, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability policy includes Separation of lnsureds Provision. The General Liability ineludes per project (See Attached Descriptions) CERTIFICATE AcoRD 25 (2016103) 1 ot 2 #s289 4827 0 I M27 627',t 1 I @ 1988-2015 ACORD CORPORATION. All rights reserved. The AGORD name and logo are registered marks of ACORD PXPZP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wlTH THE POLICY PROVISIONS, Gity of Kent Aftn: Nancy Yosh 220 Fourth Avenue South Kent, WA 98032 Q.*a, ltr*,- AUTHORIZED REPRESENIATIVE DESCRIPTIONS (Continued from Page 1) aggregate limits. The General Liability and Automobile Liability policies include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the lnsurance Carrier. SAGITTA 25.3 (2016103) 2 ot 2 #s289482701M27627119 Berkley lnsurance Gompany Page 1 of 1 Notice of Gancellation to Certificate Holder(s) Endorsement ln consideration of the premium paid for this Policy, it is understood and agreed that Section Vll, Conditions, H. Notice of Cancellation, is amended by adding the following provision: ln the event this Policy is to be cancelled by you or by us, we agree to give thirty (30) days prior notice to the certificate holder(s) with mailing addresses on file with the agent of record. This provision does not apply if cancellation is due to nonpayment of premiums to us or to a finance company authorized to cancel this Policy. Any notification rights provided by this endorsement apply only to active certificate holder{s) who were issued a certificate of insurance applicable to the Policy Period stated in Declarations, ltem 2^ Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us or our agents or representatives. Whenever prinied in this Endorsement, the boldface type terms shall have the same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged. lnsured KPG PS dba KPG, lnc. Policy Number AEC-9033961-02 Effective Date of This Endorsement 0110112020 Authorized Representative 3 - 8DP0713130 (07-13)26963-9033961 -721 04 Policy Form: 8DP0417001 (04-17) This page has been left blank intentionally Berkley lnsurance Company Page 1 of 1 Amendatory Endorsement - Washington ln consideration of the premium paid for this Policy, it is understood and agreed that Section Vll. Conditions is amended as follows: H. Notice of Cancellation and Nonrenewal is deleted and replaced with the following: H. Notice of Cancellation and Nonrenewal This Policy may be canceled by the Named Insured identified in the Declarations, by notifying us or our authorized representaiive in one of the following ways: 1. surrender of the Policy; 2. written notice by mail, fax or email; or 3. verbal notice. Upon receipt of such notice, we will cancel this Policy effective on the later of: 1. the date on which notice is received or the Policy is surrendered, or 2. the date of cancellation requested by the lnsured. We will not cancel this Policy except for nonpayment of premium, fraud or material misrepresentation in procuring this insurance or in relation to any Claim, or changes in law affecting this Policy. lf we cancel this Policy, we will mail or deliver written notice of cancellation to the flrst Named lnsured, as well as any other lnsured, person or entity endorsed onto the Policy as having an interest in any Claim or Circumstance. The notice will include the reason for cancellation. We will provide you at least ten (10) days-notice before the effective date of cancellation if we cancel for nonpayment of premium. lf we cancel for any other reason, we will provide at least sixty (60) days- notice before the effective date of cancellation. lf this Policy is canceled, we will send the first Named Insured any premium refund due. The refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. We will give the first Named Insured and any other lnsured endorsed onto the Policy written notice sixty (60) days prior to the expiration of this Policy if we do not intend to renew this insurance subject to any state requirements. The notice will include our reason for nonrenewal. Proof of mailing will be sufficient proof of notice. J. Subrogation is deleted and replaced with the following: J. Subrogation ln the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person or organization. You must do everything reasonably necessary to secure such rights and must do nothing after a Glaim is made to jeopardize them. We hereby waive our subrogation rights against a client of yours to the extent that you had, prior to a Claim or Circumstance, entered into a written agreement to waive such rights. Any recovery shall first be paid to you to the extent of any Damages or Glaim Expenses paid by you and the balance shall be paid to us. We will be entitled to recovery only after you have been fully compensated for the loss sustained, including your deductible. Our right of subrogation will not exceed the amount of our payment for Damages or Claim Expenses. 3.K. First Named lnsured as Sole Agent is deleted and replaced with the following: K. First Named lnsured as Sole Agent The first Named lnsured in ltem 1 of the Declarations will be the sole agent and will act on behalf of all lnsureds for the payment or return of premium, receipt and acceptance of any endorsements, notices or provisions of this Policy, giving notice of cancellation io us or our authorized representative, the payment of any deductibles, and to exercise the rights provided in Section Q Extended Reporting Period Option. Whenever prinled in this Endorsement, the boldface type terms shall have ihe same meanings as indicated in the Policy Form. All other provisions of the Policy remain unchanged. 2. lnsured KPG PS dba KPG, lnc. Policy Number AEC-9033961-02 Effective Date of This Endorsement 0110112020 Authorized Representative 4 - 8DP0713257 (07-13)27052-903396 1-72104 Policy Form: 8DP0417001 (04-17) This page has been left blank intentionally. Rig co 5. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver ap- plies only to the person or organization desig- nated in such contract. O 2015 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. following replaces Paragraph A.5., Transfer of hts Of Recovery Against Others To Us, of the NDITIONS Section: Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent cAT3 40421s Page 1 of 1 This page has been left blank intentionally. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLAN KET 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 ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who ls An lnsured, of SEGTION ll - COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insurgd". @ 2016 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission cA T4 37 02 16 Page 1 of 1 This page has been left blank intentionally COMMERCIAL AUTO 8A9M680558 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON.CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 8.5., Other Insurance of SECTION lV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other lnsurance, this insurance is primary 1o and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. @ 2016 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission cA T4 740216 Page 1 ol 1 This page has been left blank intentionally. COMMERCIAI AUTO POLICY ENDORSEMENT - CA T8 04 OL 20 POIICY NI'MBER BA-9M680558-20-GRP ** THIS ENDORSEMENT CHANGES THE POLICY. PI,E.ASE READ IT CAREFULIY. ** NOTICE OF CAI{CELI,ATION IT IS AGREED THAT THIS ENDORSE!,IENT CI{AT.IGES THE POLICY. PLE.ASE REJAD IT CAREEULTY. DESIGNATED ENTITY - NOTICE OF CAIICELI.AIION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSUR,AT.ICE PROVIDED I'NDER TIIE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CAI{CEI,I,ATION: NUMBER OF DAYS NOTICE OF CN{CEII,ATION: 30 PERSON OR ORGNIIZATION: ANY PERSON OR ORGAI{IZATION TO !{HOM YOU HA\IE AGREED IN A IIRITTEN CONTRACT THAT NOTICE OF CA}TCELTATION OE THIS POLICY WIIL BE GMN, BUT ONLY IF:1. YOU SEND US A WRTTTEN REQUEST TO PROVTDE SUCH NOTTCE, INCLUDING THE NAI{E A![D ADDRESS OF SUCH PERSON OR oRGAIIIZATION. AI'TER THE FrRST NNdED INSURED SHOI{N rN TIIE DECLARIMIONS RECEII/ES NOTICE FROM US OF THE CAI.ICELI"ATION OF THIS POLICY; AI{D2. WE RECETVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPI.ICABI.E NT'IIBER OF DAYS SHOTVN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGAI{IZATION INCLUDED IN sucH WRTTTEN REQUEST FROM yOU TO US. PROVISTONS: A. IF WE CAI{CEL THIS POTICY FOR A}IY STATUTORILY PERMITIED REASON OTHER TIIN{ NONPAYMENT OF' PREMIUU WE WILL MAIL NOTICE OF CAIICET],ATION TO THE PERSON OR ORGANIZATION SHOttN IN THE SCHEDUTE ABOVE. t'[E WILL IIAIL SUCH NOTICE TO THE ADDRESS SHOWN IN THE SCHEDULE ABO\IE AT LEASE THE NUMBER OT DAYS SHOWN FOR CAI{CETI,ATION IN THE SCHEDUTE ABO\TE BEFORE THE EFFECTI\TE DATE OF CN{CELI.ATION.B. IF IIE DECIDE TO NOT RENEW THIS POLICY FOR Al{Y S?ATUTORILY PERMITTED RBASON, AlilD A NUDTBER OF DAYSIS SHOI{N FOR NONRENE!{AL IN THE SCITEDULE ABOVE/ WE WILL MAIL NOTICE OF THE NONRENEWAI TO THE PERSON OR ORGAIIIZATION SHOMI IN THE SCHEDULE ABOVE. WE I{ILL MAIL SUCH NOTICE TO TIIE N)DRESS SHOVIN IN THE SCHEDULE ABOVE AT LEAST THE NT'MBER OF DAYS SHOI{N FOR NONRENEWAI, IN THE SCHEDULE ABOVE BEFORE THE EXPIRATION DATE. EFFECTIVE DATE 01-01-20 PAGE OOO1 DATE OF ISSUE EXPIR,ATION DATE 01-01-21 L2-3L-L9 Tlris page lras been left blank intcntionally COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILIry COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Non-Owned Watercraft - 75 Feet Long Or Less B. Who ls An lnsured - Unnamed Subsidiaries C. Who ls An lnsured - Retired Partners, Members, Directors And Employees D. Who ls An lnsured - Employees And Volunteer Workers - Bodily lnjury To Co-Employees, Co- Volunteer Workers And Retired Partners, Members, Directors And Employees E. Who ls An lnsured - Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional lnsured - Controlling lnterest G. Blanket Additional lnsured Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON.OWNED WATERCRAFT 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion 9., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e. of SECTION II- WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either H. Blanket Additional lnsured Governmental Entities - Permits Or Authorizations Relating To Premises l. Blanket Additional lnsured Governmental Entities - Permits Or Authorizations Relating To Operations J. lncidental Medical Malpractice K. Medical Payments - lncreased Limit L. Amendment Of Excess lnsurance Condition - Professional Liability M. Blanket Waiver Of Subrogation * When Required By Written Contract Or Agreement N. Contractual Liability - Railroads uses or is responsible for the use of a watercraft that you do not own that is: (1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION ll - WHO lS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named lnsured in the Declarations is a Named lnsured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cG D3 79 02 19 Page 1 of 6 COMMERCIAL GENERAL LIABILIry b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 500/o in such subsidiary. For purposes of Paragraph 1. of Section ll - Who ls An lnsured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED _ RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of SECTION II- WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury": (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director as a consequence of Paragraph (1Xa) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1Xa) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services, Unless you are in the business or occupationof providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injuryr" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Personal injury": (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, membersor directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. @ 2417 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted malerial of lnsurance Services Office, lnc. with its permission Page 2 of 6 cG D3 79 02 19 D. WHO IS AN INSURED _ EMPLOYEES AND VOLUNTEER WORKERS _ BODILY INJURY TO CO-EMPLOYEES, CO.VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraphs (lXa), (b) and (c) above do not apply to "bodily injury" to a current or retired co- "employee" while in the course of the co- "employee's" employment by you or performing duties related to the conduct of your business, orto "bodily injury" to your other "volunteer workers" or retired partners, members or directors while per-forming duties related to the conduct of your business. E. WHO rS AN TNSURED - NEWLY ACQUTRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II - WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named lnsured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end ofthe policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Sectionll - Who ls An lnsured, each such COMMERCIAL GENERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION ll - WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTIO N II - WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION ll - WHO lS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. ls "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cG D3 79 02 19 Page 3 of 6 COMMERCIAL GENERAL LIABILIry subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES _ PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION ll - WHO lS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION ll - WHO lS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising outof operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products-completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan seryices" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION ll - WHO lS AN INSURED: Unless you are in the business or occupationof providing professional health care services, Paragraphs (1Xa), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "lncidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. Page 4 of 6 cG D3 79 02 19 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION lll - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "lncidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess lnsurance, of SECTION lV COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical seryices" to any person to the extent not subject to Paragraph 2.a.(1) of Section ll - Who ls An lnsured. K. MEDICAL PAYMENTS _ INCREASED LIMIT The following replaces Paragraph 7. of SECTION III _ LIMITS OF INSURANCE: 7, Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000: or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION - PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION lV COMMERCIAL GENERAL LIABILIW CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: lf the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subseguent to the signing of that contract or agreement. @ 2017 The Travelers lndemnity Company. All rights reserved- lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cG D3 79 02 19 Page 5 of 6 COMMERCIAL GENERAL LIABILIry N. CONTRACTUAL LIABILITY. RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. @2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. Page 6 of 6 cG D3 79 0219 POLICY NUMBER; 580 - 9M6778s5 -20 -47 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 TotalAggregateLimit $ 8,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 2, 000 ' 000 (Other Than Products-Completed Operations) DesignatedProjectAggregateLimit $ 2,000'000 (Other Than Products-Completed Operations) General Aggregate Limit $ 2 ' 000, 000 (Other Than Products-Completed Operations) Designated Projects: Each I'projec!" for which you have agreed, in a written contracts which iE in effect during this policy period, !o Provide a seParate General Aggregate Limit, provided that the conlract ie signed by you before the ttbodily injury'r or rrproperty da.nagerr occura. Designated Locations: A11 Locatsions lieted in lten 3. of the Comnon Policy Declarations or in any Mast,er Pac Accoun! Exposure EndorEemen! included in this policy. PROVISIONS 1. The General Aggregate Limit (Other Than Products-Completed Operations) shown in the Declarations is replaced by the Limits of lnsurance shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations. 2. The following replaces Paragraph 1. of SECTION III - LIMITS OF INSURANCE: COMMERCIAL GENERAL LIABILITY ISSUE DATE:L2/3L/2oLg 1. The Limits of lnsurance shown in the Declarations or the Schedule - Limits Of Insurance And Designated Projects And Locations, whichever apply, and the rules below fix the most we will pay regardless of the number of: a. lnsureds; b. Claims made or "suits" brought; @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission cG D4 69 02 19 Page 1 of 3 3 COMMERCIAL GENERAL LIABILIry c. Persons or organizations making claims or bringing "suits"; or d. "Projects" or "locations". The following replaces Paragraph 2. of SECTION III - LIMITS OF INSURANCE: 2. a. The Total Aggregate Limit shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations is the most we will pay for the sum of all amounts under the Designated Location Aggregate Limit and all amounts under the General Aggregate Limit. This includes: (1) Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; (2) Damages under Coverage B; and (3) Medical expenses under Coverage C. b. The Designated Project Aggregate Limit shown in the Schedule Limits Of lnsurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The Designated Project Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Coverage C for "bodily injury" caused by accidents; that can be attributed only to operations at a single "project". (2) The Designated Project Aggregate Limit applies separately to each "project". (3) The Designated Project Aggregate Limit does not apply to damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard". lnstead, the Products-Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (4) The Designated Project Aggregate Limit does not apply to damages @2017 Thelravelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission under Coverage B. lnstead, the General Aggregate Limit described in Paragraph 2.d. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Designated Project Aggregate Limit applies will reduce the Designated Project Aggregate Limit for the applicable "project". Such payments will not reduce the Total Aggregate Limit, the General Aggregate Limit described in Paragraph 2.d. below, the Designated Project Aggregate Limit for any other "project" or the Designated Location Aggregate Limit, Subject to the Total Aggregate Limit described in Paragraph 2.a. above, the Designated Location Aggregate Limit shown in the Schedule Limits Of lnsurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The Designated Location Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Coverage C for "bodily injury" caused by accidents; that can be attributed only to operations at a single "location". (2) The Designated Location Aggregate Limit applies separately to each "location". (3) The Designated Location Aggregate Limit does not apply to damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard". lnstead, the Products-Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (4) The Designated Location Aggregate Limit does not apply to damages under Coverage B. lnstead, the General Aggregate Limit described in c Page 2 of 3 cG D4 69 02 19 Paragraph 2.d. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Designated Location Aggregate Limit applies will reduce: (a) The TotalAggregate Limit; and (b) The Designated Location Aggregate Limit for the applicable "location". Such payments will not reduce the General Aggregate Limit described in Paragraph 2.d. below, the Designated Project Aggregate Limitor the Designated Location Aggregate Limit for any other "location". d. Subject to the Total Aggregate Limit described in Paragraph 2.a. above, the General Aggregate Limit shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The General Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences", and medical expenses under Coverage C for "bodily injury" caused by accidents, that cannot be attributed only to operations at a single "project" or a single "location"; and (b) Damages under Coverage B. (2) The General Aggregate Limit does not apply to damages for "bodily injury" or "property damage" includedin the "products-completed oper-ations hazard". lnstead, the Products-Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (3) Any payments made for damages or medical expenses to which the COMMERCIAL GENERAL LIABI LITY General Aggregate Limit applies will reduce: (a) The Total Aggregate Limit; and (b) The GeneralAggregate Limit. Such payments will not reduce the Designated Project Aggregate Limit for any "project" or the Designated Location Aggregate Limit for any "location". 4, The following replaces Paragraph 3. of SECTION III- LIMITS OF INSURANCE: 3. The Products-Completed Operations Aggre- gate Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard". Any payments made for such damages will not reduce the TotalAggregate Limit, the General Aggregate Limit, the Designated Project Aggregate Limit for any "project" or the Designated Location Aggregate Limit for any "location". 5. The following is added to the DEFINITIONS Section: "Location" means any designated location shown in the Schedule - Limits Of lnsurance And Designated Projects and Locations that is owned by or rented to you. For the purposes of determining the applicable aggregate limit of insurance, each "location" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "location", "Project" means any designated project shown in the Schedule Limits Of lnsurance And Designated Projects And Locations that is away from premises owned by or rented to you and at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "project". @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission cG D4 69 02 19 Page 3 of 3 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named lnsured shown in the Declarations, and any other person or organization qualifying as a Named lnsured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section ll - Who ls An lnsured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section lll - Limits Of lnsurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"' (2) The "bodily injury" or "propefty damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section ll - Who ls An lnsured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. lf such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section ll - Who ls An lnsured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d, "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section ll - Who ls An lnsured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage", or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. O 2017 The Travelers lndemnity Company. All rights reserved. Includes copyrighted material of lnsurance Services Office, lnc. wlth its permission cG T1 00 02 19 Page 1 of 21 venture or limited liability company that is not shown as a Named lnsured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section ll - Who ls An lnsured. SECTION III- LIMITS OF INSURANCE 1. The Limits of lnsurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. lnsureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising lnjury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury" and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrencg". 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 "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of lnsurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. ln that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of lnsurance. SECTION IV _ COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties ln The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. lf a claim is made or "suit" is brought against any insured, you must: (1) lmmediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) lmmediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; @ 2017 the Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. Page 13 of 21cG T1 00 02 19 COMMERCIAL GENERAL LIABILIry (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. The following provisions apply to Paragraph a. above, but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section ll - Who ls An lnsured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, or limited liability company), any of your trustees who is an individual (if you are a trust) or any "employee" 3. authorized by you to give notice of an "occurrence" or offense. (2) lf you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individualwho is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (iii) An executive officer or director of any other organization; or (iv) A trustee of any trust; that is your partner, joint venture member, manager or trustee; or (b) Any employee authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a finaljudgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. Page 14 of 21 cG T1 00 02 19 4. Other Insurance lf valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (i) Another insurance companyl (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section lll - Limits Of lnsurance or the Non cumulation of Personal and Advertising lnjury Limit provision of Paragraph 4. of Section lll -Limits of lnsurance applies because the Amendment Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising lnjury Limit endorsement is included in this policy; (iii) Any risk retention group; or (iv)Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of lnsurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary lnsurance This insurance is primary except when Paragraph b. below applies. lf this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess lnsurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, lnstallation Risk or similar coverage for "your work"; @ 2017 fhe Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. COMMERCIAL GENERAL LIABI LITY (ii) That is insurance for "premises damage"; (iii) lf the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section ll - Who ls An lnsured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section ll - Who ls An lnsured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". lf no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess lnsurance provision and was not bought specifically to apply in excess of the Limits of lnsurance shown in the Declarations of this Coverage Part. cG T1 00 02 19 Page 15 of 21 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing lf all of the other insurance permits contribution by equal shares, we willfollow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. lf any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory lnsurance lf Required By Written Contract lf you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply ona primary basis. or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named lnsured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. lf the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named lnsured. c. The first Named lnsured must keep records ofthe information we need for premium computation, and send us copies at such times as we may request. 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. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of lnsureds Except with respect to the Limits of lnsurance, and any rights or duties specifically assigned in this Coverage Part to the first Named lnsured, this insurance applies: a. As if each Named lnsured were the only Named lnsured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us lf the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew lf we decide not to renew this Coverage Part, we will mail or deliver to the first Named lnsured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. lf notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or servicesfor the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the lnternet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. @2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission Page 16 of 21 cG T1 00 02 19 This page has been left blank intentionally GENERALPURPOSEENDORSEMENT POLICYNUMBER: 580-eM5778ss-20-47 OFFTCE PAC ISSUE DATE: L2/3L/20T9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. cGD3 6 1 This endorsement modifies insurance provided under the following: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDTTTONAL TNSURED PERSON(S) OR ORGANTZATTON(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 lnsured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE sHowN rN THE DECLARATTONS.) A. SECTION II- WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANTZATTON(S) SHOWN tN THE SCHEDULE, BUT ONLYW|TH 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; lN THE PERFORMANCE OF YOUR ONGOING OPERATTONS FOR THE ADDTTTONALTNSURED(S) AT THE LOCATTON(S) DESTGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED INCONNECTION wlTH sucH woRK, oN THE PROJECT (OTHER THAN SERVTCE, MATNTENANCEOR REPA|RS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDTTTONAL TNSURED(S)AT THE LOCATTON OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF'YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISESHAS cG T8 01 01 20 Page 1- of 2 GENERALPURPOSEENDORSEMENT POLICYNUMBER: 680-eM67?8s5-20-47 OFFICE PAC ISSUE DATE: L2/3L/20I9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ccD351 This endorsement modifies insurance provided under the following: BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THANANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. cG D3 61 03 05 Copyright 2OO5 The St. Paul Travelers Companies, lnc- All rights reserved lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cG T8 01 0L 20 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT OFFICE PAC POLICY NUMBER: 580-eM57785s -20 -47 ISSUE DATE: 12/3L/20I9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ce2037 This endorsement modifies insurance provided under the following: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDTTTONAL TNSURED PERSON(S) OR ORGANTZATTON(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 lnsured Person(s)or Organization(s) in the Schedule applies. (TNFORMATION REQUTRED TO COMPLETE TH|S SCHEDULE, tF NOT SHOWN ABOVE, WILL BE sHowN tN THE DECLARATTONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL rNsuRED THE PERSON(S) OR ORGANTZATTON(S) SHOWN rN THE SCHEDULE, BUT ONLWVITH RESPECT TO LIABILITY FOR'BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY'YOUR WORK'AT THE LOCATION DESIGNATED ANDDESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THATADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HMARD". cG 20 37 07 04 Copyright ISO Properties, lnc- 2OO4 ec 18 02 0t 20 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: cup- eMFB2 43s -20 - 47 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SGHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Employere Liability CaTTieTTHE CHARTER OAK FIRE TNSI'R3I{CE COMPANY Policy Number 680 - 00 9M57785s -20 Policy Period From: aL/oL/2020 to: 07/oL/202L Connercial- General Liability Carrier TIIE cHARTER oAK FrRE rNsuRANcE coMPArirv Policy Number 580 - 009M57?85s-20 Policy Period From: 01-l0L/2020 lo: oll0L/202L Automobile Lj-ability CarrierTIIE TRAVELERS INDEMNITY COMPAIiTY Limits Of Liability BodiLy Injury By Accident Each Accident Bodil-y InJury By Disease Policy Limit Bodily Injury By Dieease Each EmpJ.oyee Limits Of Liability General Aggregate UMBRELLA ISSUE DATE: L2/32/2oLe $1, 000, 000 $1, 000, 000 $1,000,000 $2,000,000 ProduetE-Completed Operations Aggregate $2 , 000, 000 Personal and Advertieing Injury $1, 000, 000 Each Occurrence $1, ooo, ooo Limits Of Liability Bodily Injury And Property $1,000,000 Damage Conbined Single Liurit Policy Number BA- 9!d58oss8 - 2 o Policy Period From: 0L/0]-/2020 to: 0L/0L/202L PRODUCER:USI KIBBLE & PRENTICE OFFICE:PLANA& E 2OV EU 00 03 08 18 @ 2018 The Travelers lndemnity Company, All rights reserved.Page 1 of 1 This page has been left blank intentionally POLICY NUMBER: cup - 9M082 43s - z0 - 47 ISSUE DATE: L2I3L/20L9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: AI{':T PERSON OR ORGAI{IZATION TO WIIOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCEIJ''ATTON OR NONRENEWAL OF THIS POLICY WII.I. BE GIVEN, BIIT ONITY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVTDE SUCH NOTICE, INCIJUDING THE NAITIE A.I{D ADDRESS OF SUCH PERSON OR ORGN.IIZATION, AFTER THE FIRST NAI.TED INSURED RECEIVES NOTICE FROM US OF THE CAI{CETLATION OR NONRENEWAIJ OF THIS POLICY; AtlD 2. WE RECEIVE SUCH WRITTEN REQI'EST AT IJEAST 14 DAYS BEFORE THE BEGINNING OF THE APPIJICABLE NI'UBER OF DAYS SHOVIN IN THIS SCHEDUI,E. ADDRESS: THE ADDRESS FOR TIIAT PERSON OR ORGA}TIZ- ATION INCIJI'DED IN SUCH WRTTTEN REQUEST FROM YOU TO US. PROVISIONS: A. lf we cancel this policy for any statutorily permit- ted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancel- lation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of can- cellation. B. lf we decide to not renew this policy for any statu- torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of the nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above be- fore the expiration date. rL T4 00 12 09 @ 2009 The Travelers lndemnity Company Page 1 of 1 This page has been left blank intentionally