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HomeMy WebLinkAboutCAG2021-461 - Original - TriVan Truck Body, LLC - Evidence Van Additional Funds - 10/19/2021ApprovalOriginator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: 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 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: CAG2021-461 KENTWAsHrncror. GOODS & SERVICES AGREEMENT between the City of Kent and TriVan Truck Body, LLC THIS AGREEMENT is made by and between the City of Kent, a Waslrington municipal corporation (hereinafter the "City"), and TriVan Truck Bocly, LLC organized under the laws of the State of Washington, locatecl and doing business at 1385 West Sn-rith Road, Ferndale, WA 98248 (hereinafter the "Vendor"). AGREEMENT I.DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perforrn the following services for the City: Complete the upfitting of KPD E450 box van for use by the Kent Police Department as a Crime Scene Investigation Vehicle. Work includes, but is not limil-ed to, preparing the van, insulation, lining, foldout step, exterior compartments, workbench, interior cabinetry, sliding bypass doors, tall storage lockers, awnings, 1l-0v electrical pacl<age, 12v electrical upgrades, and design and presentation drawings. All work quoted will include materials and installation. See TriVan Truck Bocly, LLC estimate #9324 daled 7/23/2027 attached and incorporated as Exhibii A for further detail as to the scope of work' The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City mainlains its unqualified righi to obtain these goods, materials, and services through other sources, II. TIME OF COMPLETION. Upon the effective date of this Agreernent, the Vendor shall complete the work and provide all goods, materials, and services within approximately 90 - 120 days after receipt of the van or approval of drawings, whichever occurs later, but by no laler than December 31, 202r. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $108,553.04, including applicable Washington State Sales Tax, for the goods, materials, and services contemplaied in this Agreement. The City shall pay the Vendor the following amounts accorcling to the following schedule: Full payment will be made to the Vendor via purchase order (PO) within 30 days upon receipt of a final invoice, and completion of the work and delivery of the KPD E450 box van to the City. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) gprO Payment proqram. The Vendor may elect to participate in automated crediL carcl paytnents provided for by the Cily and its financial institution, This Program is provided as an alternative to paymenl by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in tlris program, the Vendor will be solely responsible for any fees imposed by financial tnstitutions or credit card companies. The Vendor shall not charge those fees back to the City' If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute, In that event, the parties will inrntediately make every effort to settle the disputed portion. A.Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services, If the Vendor is unable, for any reason/ to complete any part of this AgreemenL, the City may obtain the goods, materials or services from other sources/ and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by ihe City beyond the maxinrum Agreement price specifiecl above, The City further reserves its right to deduct these additional costs incurred to complete this AgreemenL with ollier soLtrces, from any and all amounts due or to become due lhe Vendor. B nal t: Waiver of C VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT TI-IOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUESI FOR FINAL PAYMEN'T IS MADE, IV. INDEPENDENT CONTRACTOR. -fhe parties intend that an Independent Contractor- Enrployer Relationship will be created by this Agreement, By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, tlre parties make the following representations: A, The Vendor has the ability to control and direct the performance and details of its work, the City being interesled only in the results obtained under this Agreement, B, The Vendor maintains and pays for its own place of business fronr which the Vendor's services under this Agreement will be performed. The Vendor has an established and independent lrusiness that is eligible for a business deduction for federal income tax purposes Lhat existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue, The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as nray be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. The Vendor maintains a set of books dedicated to the expenses and earnings of its busi ness. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon provicling the other pariy thirty (30) days written notice at its address set forth on the signature block of this Agreement, GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) C D E F VI. CHANGES. The City may issue a written amendment for any change in lhe goods, materials oT services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, thal an amendment is necessary, the Vendor must submit a writterl amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have krrown of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The Cily will attempl, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as providecl in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment thal is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemyr riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"), Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party, Both parties represent to the other that aL the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs/ losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision, If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event, The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement, Except as expressly contemplated by this section, all other costs will be borne by the Vendor, VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give writtel notice to the City of all claims within fourteen (1"4) calendar days of tlre occurrence of the events GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) giving rise to the claims, or witlrin fourteen (1-4) calenclar days of the date the Vendor knew or should have l<nown of the facts or events giving rise to the claim, whichever occuTs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a limely written clainr is made in strict accordance with the applicable provisions of this Agreement, At a minimum/ a Vendor's written claim shall include the inFormation set forth in subseclions A, itemslthrough5below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAV FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A Notice of Claim. Provide a signed written notice of claim that provides the following information: The date of the Vendor's claim; The nature and circumstances that caused the claim; The provisions in this Agreement that supporl the claim; The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed, If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. Vendor's Duty to Complete_Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement, Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepls from the City any written or oral order (including directions, instructions, interpretations, and determination). Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD, X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with ihe provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 624, Revised Code of Washington, The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) 1 2 3 4 5 B C D E should have lcnown of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of ihe goods are repaired, only original replacement parts shall be used-rebuilt or used parts will not be acceptable, When defects are correcled, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begln to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defecl. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, lhe City may complete the corrections ancl the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contracL, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates, The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy !.2, and upon completion of the contract worl<, file the attached Compliance Statement, XII" INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification, IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDO R'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER, In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, inclurding all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or terminalion of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage lo materials, tools, or other articles used or held for use in connection with the work, XV. MISCELLANEOUS PROVISIONS. A, Recyclable Materials. Pursuant to Cha pter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) B. Non-Waiver of Breach. The failure of the C ity to insisl upon strict performance cif any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more inslances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and lhe same shall be and remain in full force and effect, C. Resolution of Disp and Governina 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 seltle any dispute, difference or claim arising from the parties' performance of this Agreemeni, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington/ unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement, D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signalure page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing, E. Assiqnment. Any assignment of this Agreement by either party witholtt the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without addilional written consent. F, Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Aqreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreemenl conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. L Public Records Acl. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42,56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure/ even if those records are not produced to or possessed by the City of Kent, As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. L City Business License Reouired. Prior to commencin g the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5,01 of the Kent City Code. K, Counterparts and Sisnatures bv Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either pariy may deliver the signaiure page GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. NOTICES TO BE SENT TO: CITY OF KENT: Commander Rob Scholl City of Kent 220 Fourth Avenue South Kent, WA 98032 (2s3) 2s3-Bs6-s816 (telephone) (2s3) 2s3-856-6802 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk nn thls lield, you mBy enter the eleahonlc fllepath where the contracl has been savedl GOQDS & SERViCES AGREEMENT - 7 (Over $20,000, including WSST) VEN R: By Print Name:RYA^l Llet** Its DATE:q TnLl CITY OF KENT: By Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: Ryan Vandriel TriVan Truck Body, LLC 1385 West Smiih Road ?%3:'bY+'3i2rc - ct uu # (360) 380-0773 (telephone) (360) 312-1398 (facsimile) VENDOR: 10/19/2021 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: I have read the attached City of Kent administrative policy number 1.2' During the time of this Agreement I will not discriminate in employment on the basis of sex/ race/ color, national origin, age, or the presence of all sensory, mental or physical disability. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. 1 2 3 4 5 By For: Title Date l?r Vn "l *18..")c-r,L T{ n'nr kn7 VftW?AeL- 5*W> 6esf zzfar EEO COMPLiANCE DOCUMENTS - B Of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 7,2 EFFECTIVE DATE: January 1, 1998 SUB]ECT:MINORITY AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2, Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 1 2 EEO COMPLIANCE DOCUMENTS - 9 Of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Date By: For Title: EEO COMPLIANCE DOCUMENTS - 10 Of 3 TriVan Truck Body 1385 West Smith Road Ferndale, WA 98248 EXHIBIT A www.trivan.comPh Fax (360) 380-0773 (360) 312-1398 1 ,, ". ..-_ , ti .,,: i 1 :; i. :: .. i. 1. i ;, ;,-': 7t23t2021 9324 €stimate#galg Kent Police Department 220 4th Ave S Kent, WA 98032 Ferndale, WAAMVDue on receipt 7t23t2021 QUOTATION FOR UPFIT OF KPD E45O BOX VAN: For use as a Crime Scene lnvestigation Vehicle. As discussed with Deteciive Sgt. Dan Koehler. All work quoted includes materials and installation. Build time is approximately 90 days after receipt of van or approval of drawings, whichever is later insulation, lining,. electrical pr€-wiring and pfbir'iding anchor points for future cottnters, Gabinets aild FOLD OUT STEP: On existing rear step bumper, supply & install (1) hinged 36" width fold out step (Grip Strut, non-slip material) This bumper step stores on top of the existing step bumper. lncludes paint gloss black' INSUI.ATION: This is anon'€agging,,T 5n applied to full uaalls, aeilihg and under floor verrnin p?oof aad aonnabsorbent. body. LINING: Complete interior of body (walls, ceiling, over-cab extension, rear wall) lined in smooth pre-painted sheet aluminum (white). QUOTATION FOLDOUT STEP IN,SULATION LINING Subtotal Sales Tax (8.7%) Total Page 1 TriVan Truck Body '1385 West Smith Road Ferndale, WA 98248 Ph Fax (360) 380-0773 (360) 312-13e8 wunar.trivan.com 93247t23t2021 Kent Police Department 220 4th Ave S Kent, WA 98032 AMV Ferndale, WADue on receipt 7t23t2021 EXTERIOR CO-., WORKBENCH EXTERI OR COMPARTMENTS: $tett& inst li (6) atuminum exterior cornpartfirents, as space allowe under vehicle body {3 on driver side' 3 on GENERATOR CQMPARTMENT: loaated side(for a firture Onan skl/lt or 6kW Eas generator: generator not included) configuration. Through-the-floor stylp (meaning This cornpartment rs at driver front.Double-doot that this-compartments protrudes up into the body cargo area inside) souird-attenuatiori package to suit futuro installation of a 6kW Cumrnins Gas generator designed for closed door operation and ternote*star't of the generator, Plus under starage comparlments below body as spaee allows {2 on driver side plus 1 generator on passenger side) STAINLESS STEEL EVIDENCE PROCESSING WORK GOUNTER: Supply & install (1 ) workbench,72"Lx24"D @ 30" height. Benchto_p to be 1-'118" hardwood overlaid in stainless steet, witn 4" backsplash. lncludes anchoring to floor and back wall. Located at passenger side interior, very front. OVERHEAD CABINETS: Directly above the evidence counter, supply & install (2) aluminum white overhead cabinets, each with full-width Travel-Safe Austin lift-n-latch handles. tnere is one sirip light installed on the underside of the overhead cabinets that illuminates the evidence processing counter. Subtotal Sates Tax (8.7%) Total Page 2 TriVan Truck Body 1385 West Smith Road Ferndale, WA 98248 Ph (360) 380-0773 (360) 312-13e8 www.trivan.com Fax 7123t2021 9324 Date Essffate* Kent Police Department 220 4th Ave S Kent, WA 98032 Ferndale, WADue on receipt 7123t2021 AMV CASIIIETRYA... GABINFTRYA.. OTHER AWNING CABINETRY: On top of each protruding wheel.well4ox, supply & install {1) 8-drawer heavydutydrawer sys'tern, Each drawer SLIDING BYPASS DOORS: Supply & install a set of sliding bypass doors to the over-cab storage area. lncludes slide-tracks on floor and ceiling of the over-cab extension. Unless othenvise requested, it is assumed these will be nonlocking bypass doors. They will be finished in white aluminum (to match the walls & ceiling). INTER{OR CABIITIET.RY:TALL STORAGE LOCKERS: On x 7,SlH large lool<ers:two on the driver side Three will each have (3)infinitely adjustable interior One lockerg (passenger fearcomer)doars,just 2 full'height vertical partitions as well as privacy screens and T.his last cabtnet :s intended for E?-uP tent stprage Allof the will,like lhe olher overhead cabinets,be painted ln light grey (or gloss white)ma{eh the wall lining Ail hardware shall be stainless steel 2-Foint D-handles. AWNINGS: lnstallation only (labor only) to install KPD-supplied awning on Passenger Side exterior (this is the one that was sitting on the floor of the van body that Detective Sgt. Dan Koehler visited us with. Supply & install (1 ) manually operated RV style awning on Driver Side exterior of the existing KPD van. Subtotal Sales Tax (8.7%l Total Page 3 TriVan Truck Body 1385 West Smith Road Ferndale, WA 98248 Ph Fax (360) 380-0773 (360) 312-1 398 www.trivan.com 7t23t2021 9324 Kent Police Department 220 4th Ave S Kent, WA 98032 Due on receipt 7t23t2021 AMV Ferndale, WA 11OV ELECTR{.., 12V ELECTRI.. DESIGN DRA... 1 lOV ELECTRICAL PA6I(AG€: Includes the following: a rnarine gtade service breaker panel (for all 12V and 1 10v lighting &plugs) 30 amp shore,power inlet {weathergroof}on the exlerior driver side wall of the van body. inlet and theSysternincludesarrtautomatio transfer switch (io toggle between 1 1 0V duplex outlets on inierior of body cargo shore power FUTURE generator) {4}interior space (each has built in USB charge pofis) are above the processing counter and 1 outlet ts absve each of the S,drawer tool chests, lncludes {4'€)deriorGFC{duplex outlets {wlth weatherproot eovers)orr exterior of body t2 on Basser{ger side,1 on rear:1 on d(iver side| fncludes (1) roof mounted Air Conditioner unit instailed (1 )floor rnounted 1000w electrie heater unit inslalled on front interior wall of body,neaf the evidenceprocessing counter. Note that all Trivan-wiring b run the walls/ceiling of the body interior and concealed behind the aluminurn sheet 12V ELECTRICAL: lncludes the following: lncludes (6) Man<ima MWL-35 LED work lights on exterior of body (2 below the awning on driver side exterior, 2 below the awning on passenger side exterior, 2 at top rear corners of van body) With iwitch at rear doors. lncludes (6) Maxxima 5.5" round LED ceiling lights on interior of body, spaced-evenly. With switch at rear doors. lncludes (1) master disconnect switch in cab lncludes (2) auxiliary house batteries (deep cycle, Type 31 AGM type batteries) These are the "house" batteries that.power up all the lights and awning. These 2 batteries recharge anytime the engine is running or whenever the truck is plugged into shore power" PRESENTATION DRAWINGS: This quotation includes a ju! sef of Auto Cad presentation drawings for Kent PD appr^oval prior to manufacturing. Build time is approximately 90-120 days after recelpt of KpD van. usD 99,864.80Subtotal Sales Tax (8.7%) USD 8,688.24 Total usD 108,553.04 Page 4 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to pro.perty which may arise fiom or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from prem ises, operations, i ndependent contractors, prod ucts-com pleted operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence' $2,000,000 general aggregate and a $2,000,000 products-completed oPerations aggregate limit' C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. EXHIBIT B (Continued) 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either PartY, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed bV 9I on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy qf gll required insurance policies. The Contrbctor's Commercial General Liability insurance shall blso contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional ihsured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work' F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY} 0810412021 THIS CERTIFICATE ls 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 TH E COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ETWEEN TH E ISSUING rNsuRER(S),AUTHORIZED rs an must RED or lf SUBROGATION lS WAIVED, subiect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer to the certificate holder in lieu of such PRODUCER Bell Anderson Agency, lnc. 600 SW 39th St, Suite 200 Renton wA 98057 Linda Minami, PHONElA/C Nd Ettl:(4251 291-5200 291 lindam@bell-anderson.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA Valley Forge lnsurance Company 20508 INSURED Trivan Truck Body, LLC 1385 W Smith Rd Ferndale wA 98248 tNsuRER B . National Fire lnsurance Company Of Hartford 20478 tNsuRERc. The Continental lnsurance Company 35289 INSURER D : INSURER E : INSURER F: COVERAG CERTTFICATE NUMBER: cL2092442801 REVISION NUMBER: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. REOUIREMENT, PERIODNAMEDREDPOLICYFORTHEABOVEHAVEBELOWISSUBEENTOEDINSUTHEPOLtCtESTHEINSURANCEOFLISTEDtsTHISCERTIFYTOTHAT RESPECTWITH WHTO THIStcHORCONTRACTEROTHDOCUMENTORTERMOFCONDITIONANYANYNOTWITHSTANDINGINDICATED.THEHEREINDESCRIBEDSUBJECTISALL TERMS,TOBYAFFORDEDPOLICITHEESISSUEDBEMAYORTHEINSURANCEMAYPERTAIN,CERTIFICATE LIMITSTYPE OF INSURANCE 1,000,000 1 00,000 15,000 1,000,000 2,000,000 2,000,000 $ 09t3012020 09t30t2021601 5920638 COMMERCIAL GENERAL LIABILITY POLICY PRO-JECT I I CLAIMS.I\,IADE LIMITAPPLIES PER: LOC [lo""r* A $ 1,000,000 BODILY INJURY (Per person)$ $BODILY INJURY (Per accident) $ $ 09t30t2020 09t3012021601 5920669B ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY AUTOMOBILE LIABILITY EACH 9,000,000AGGREGATE OCCURUMBRELLA LIAB EXCESS LIAB 091301202109t3012020601 5920655c DED 10,000 1,000,000E.L. EACHACCIDENT 1,000,000.EA 1,000,000 0913012021 - POLICY 09t30t2020N/A 601 5920638 EMPLOYERS' LIABILITY Y/N OF ANY (Mandatory Limit Deductible $1,000,000 $250/$s00 0st3012020 09t30t2021601 5920669Garage Keeperc Liability B oEscRtpTtoN oF opERAT|oNS / LOCATTONS / VEHTCLES (ACORD 101, Addirional Remarks schedulc, may be attached TheCityof Kentisadditional insuredpertheattachedendorsement#CNA75101XX0115&SCM3500D1011. Waiverofsubrogationpertheattached endorsement#cNA7soogXX0115&bAo444 1013. primary&non-contributorycoveragepertheaftachedendorsement#CNA7510'1xx0115 if more space is required) City of Kent 220 Fourth Ave South Kent wA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE d. -O,irAl @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The AGORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is added to Section ll, Paragraph A.1., Who ls An lnsured: 1. a. Any incorporated entity of which the Named lnsured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liabilfty company, partnership or joint venture, and over which you maintain majority ownership interest' The insurance afforded by this provision A.2.: a. ls effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not aPPIY to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before You acquired or formed the organization;or (2) Any such organization that is an' "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are obligaied to provide lnsurance where required by a written contract or agreement is an.insured, birt only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a cbntract- or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who ls An lnsur6d, includes those policies that were in force on the inception date of this Coverage Form but: scA 23 500D (Ed. 10/1 1) 1. Which are no longer in force;or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section ll, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. ln a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. ln a.(4), the limit for the loss of earnings is increased from $250 to $500 a daY' C. Fellow Employee Section ll, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C' is excess over any other collectible insurance' II. PHYSICAL DAMAGE COVERAGE A. Towing Section lll. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage - Hitting A Bird Or Animal - Falling Obiects Or Missiles The following is added to Section lll, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. G. Transportation ExPenses Section lll, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use ExPenses Section lll, Paragraph A.4'b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600' E. Personal Property The following is added to Section lll, Paragraph A.4. I. LIABILTY COVERAGE A. Who ls An lnsured scA 23 500D (Ed. 10/1 1) CoPYright, CNA Corporation, 2000. lncludes copyrighted material of the lnsurance services otlice used with its permission. Page 1 of 3 c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an "insured"; and (2) ln or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies' F. Rental Reimbursement The following is added to Section lll, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of daYs reasonablY required to rePair or rePlace the covered "auto"; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $ZS per day subject to a maximum of $375' 3. This coverage does not aPPIY are spare or reserve "autos" you for your operations. while there available to scA 23 500D (Ed.10/11) a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your Permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) lnclude loss of use, provided it is the consequence of an "accident" for which the Named lnsured is legally liable, and as a result of which a monetary loss is sustained bY the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(l) will be subject to a limit of $750 per "accident." H. Airbag Coverage The following is added to Section lll, Paragraph 8.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. L Electronic Equipment Section lll, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution ln Value The following is added to Section lll, Paragraph B.6. Subject to the following, the "diminution in value" exclusion does not aPPIY to: 4. lf "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to Section lll. Paragraph A.: 5. Hired "Autos" lf Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: scA 23 500D (Ed.10/11) Copyright, CNA CorPoration, 2000' lncludes copyrighted material of the lnsurance services office used with its permission. Page 2 of 3 a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without d driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of Your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" ioss arising directly out of accidental damage and not as a result of the failure to make repairs; faultY or incomPlete maintenance or repairs; or the installation of substandard Parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of : (1) $5'0oo;or (2) 20y. of the "auto's" actual cash value (ACV) lll. Drive Other Car Coverage - Executive Officers The following is added to Sections lland lll: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling' servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar scA 23 500D (Ed.1o/11) governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSTNESS AUTO CONDITIONS A. Duties ln The Event Of Accidentn Claim, Suit Or Loss The following is added to Section lV, Paragraph A.2.a. (4) Your "emPloyees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such i'accident" or "loss" is known to you or if you are not an individual, to anY of Your executive officers or partners or your insurance manager. The following is added to Section lV, Paragraph A.2.b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that You have such knowledge, unless receiPt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section lV, Paragraph 8.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage alforded'proviOeO such failure or omission is not intentional. C. Policy Period, Goverage Territory Section lV, Paragraphs 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these scA 23 500D (Ed.10/11) CoPYright, CNA Corporation' 2000' lncludes copyrighted material ot the lnsurance Services oflice used with iis permission. Page 3 of 3 CTTA Manufacturers' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the GOMMERCIAL GENERAL LIABILITY COVERAGE pART as follows. lf any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional lnsureds 2. Additional lnsured - Primary And Non-Gontributory To Additional lnsured's Insurance 3. Bodily lnjury- Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named lnsured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury - Exception for Reasonable Force 8. In Rem Actions 9. lncidental Health Gare Malpractice Goverage 10. Joint Ventures/Partnership/Limited Liability Gompanies 11. Legal Liability - Damage To Premises 12. MedicalPayments 13. Non-owned Aircraft Coverage 14. Non-owned Watercraft 15. PersonalAnd Advertising lnjury- Discrimination or Humiliation 16. PersonalAnd Advertising lniury - Limited Gontractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage - Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation - Blanket cNA75101XX (1-1s) Page 1 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission CTA Manufacturers' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. wHo ls AN INSURED is amended to include as an lnsured any person or organization described in paragraphs A. through K. below whom a Named lnsured is required to add as an additional insured on this bo.rJrage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Goverage Part; and (2) was executed Prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury' for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the lnsurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below' Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Gontrollinglnterest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organizition's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named lnsured leases or occupies such Premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured' B. Co-owner of lnsured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such Premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named lnsured, but only with respect to such person or organiziation's liability for Uodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured' D. Lessor of EquiPment Any person or organization from whom a Named lnsured leases equipment, but only with respect to liability toiOoOity injurylproperty damage or personal and advertising injury caused, in whole or in part, by the Named Insured'g maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease' E. Lessor of Land Any person or organization from whom a Named lnsured leases land but only with respect to liability for bodily iniury, property damage or pers onal and advertising inj ury arising out of the ownershiP, cNA75101XX (1-15) Page 2 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. CJUA Manufacturers' General Liability Extension Endorsement maintenance or use of such land, provided that the occurrence giving rise to such bodily iniury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the terminition of such tease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operatiohs performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named lnsured, or such owner or lessor's real estate manager, but only w1h respect to liability for bodily injury, property damage or personal and advertising injury arising oui of the ownership, maintenance or use of such part of the premises leased to the Named lniuied, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving'6se to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured' G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiveisliability foi bodity injury, property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance, or use of a premises by a Named lnsured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured' H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only w1h iespect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: i. the following hazards in connection with premises a Named lnsured owns, rents, or controls and to which this insurance aPPlies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed foi tfrb state or governmental agency or subdivision or political subdivision: or b. Bodily injury or property damage included within the products-completed operations hazard' With respect to this provision's requirement that additional insured status must be requested under a. written contract or agreement, the lnsurei will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. l. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily iniury' property damage or personal and advertising iniury caused by: cNA75101XX (1-15) Page 3 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission gtrA Manufacturers' General Liability Extension Endorsement a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property Oamage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damJges- by reason of th-e assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named lnsured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution oi parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization hai agreed to make oi normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named lnsured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for itgown acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not aPPIY to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named lnsured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products' 2. This paragraph J. does not apply to any insured person or organization, from whom the Named lnsured has acquired'sucn products, nor to any ingredient, part or container, entering into, accompanying or containing such Products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Goverage Part; b. to any of your products for which coverage is excluded by endorsement to this Goverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Goverage Part' cNA75101XX (1-15) Page 4 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc', with its permission. J CtrA Manufacturers' General Liability Extension Endorsement K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insuredis an Insured solelyfor bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named lnsured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 3. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS provision requires the Named lnsured to provide the additional insured such coverage; and c. the bodily injury or property damage resutts from your work that is the subject of the written contract or agreemeni, and such work has not been excluded by endorsement to this Goverage Part. 2. ADDITIONAL INSURED . PRIMARY AND NON.CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other tnsurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: lf the Named lnsured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional iniured's own insurance, then this insurance is primary, and the lnsurer will noi seek contribution from that other insurance. For the purpose of this Provision 2.' the additionalinsured's own insurance means insurance on which the additionalinsured is a named insured. B. W1h respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1'K. of this endorsement, the following sentence is added to the paragraph above: Othenivise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organizationJs eicess of any other insurance available to such person or organization. 3. BODILY INJURY. EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, m6ntit anguish oi mental-injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Glaim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named lnsured must give the lnsurer or the lnsurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named lnsured, to a partner, executive officer, manager or member of a Named lnsured, or to an employee designated by any of the above to give such notice' cNA75101XX (1-15) Page 5 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc', with its permission. l;ffA Manufacturersn General Liability Extension Endorsement B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the lnsurer notice of an occurrence, offense or claim and that failure is solely due to the Named insured's reasonable belief that the bodily injury or property damage is not covered under this Goverage part. However, the Named lnsured shall give written notice of such occurrence, offense or claim to the lnsurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO lS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. pursuant to the limitations described in Paragraph 4. below, any organization in which a Named lnsured has management control: a. on the effective date of this Goverage Part; or b. by reason of a Named lnsured creating or acquiring the organization during the policy period, qualifies as a Named lnsured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or othenruise, which provides coverage to such organization, or which would have proviied coverage bu1 for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance' But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Goverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the select'ron of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named lnsureds by virtue of Paragraph 3. above, this insurance does not aPPIY to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or undei such other trading namel or doing-business-as names (dba) as any Named lnsured should choose to emPloY. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property'jointly held property or property transferred from such natural person lnsured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, cNA75101XX (1-15) Page 6 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. 7 t;,UA Manufacturers' General Liability Extension Endorsement legal representative, or spouse outside the scope of such person's capacity or status as such, provided however tnlt the spouse of a natural person Named tnsured and the spouses of members or partners of joint venture or partnership Named lnsureds are lnsureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES - Coverage A - Bodily lnjury And Property Damage Liability, the paragraph entitled Exclusions is amended to delele the exclusion entitled Expected or lntended lnjury and replace it with the following: This insurance does not aPPIY to: Expected or Intended lnjury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does iot appty to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named lnsured, or chartered by or for the Named Insured, wiil Ue treated in the same manner as though the action were rn personam against the Named Insured. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily iniury that arises out of a health care incident: A. Under COVERAGES, Goverage A - Bodily lnjury And Property Damage Liability the lnsuring dgreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrenie witt Oe deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the lnsured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not aPPIY to: Gontractual LiabilitY the lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees' iii. add the following additional exclusions. This insurance does not aPPIY to: cNA75101XX (1-15) PageT of 14 Policy No: 6015920638 lnsured Name:TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, Inc., with its permission. 8 9. C'UA Manufacturers' General Liability Extension Endorsement Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual'J race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded bY Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named lnsured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse Practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physicaltherapist; h. Psychologist; i. Speech theraPist; j. Other allied health professional; or professional health care seryices does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; cNA75101XX (1-15) Page 8 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. CTTA Manufacturers' General Liability Extension Endorsement iii. amend the definition of lnsured to: a. add the following: . the Named lnsured's employees are lnsureds with respect to: (1) bodily injury to a co-emptoyee while in the course of the co-employee's employment by the Named lnsured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. . the Named lnsured's volunteer workers are lnsureds with respect to: (1) bodily injury to a co-votunteer worker while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; when such bodily iniury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO lS AN INSURED' c. add the following: lnsured does not include any physician while acting in his or her capacity as such. D. The Other lnsurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other lnsurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO lS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an lnsured with respect to: . the conduct of any current or past partnership or joint venture that is not shown as a Named lnsured in the Declarations; nor . the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company' and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named tnsured is an lnsured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personat and advertising injury occurred prior to such termination date, and the peisonal and advertlsing injury arising out of such otfense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and cNA75101XX (1-1s) Page 9 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. gffA Manufacturers' General Liability Extension Endorsement c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability comPanY. 11. LEGAL LIABILITY - DAMAGE TO PREMISES A. Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named lnsured or temporarily occupied by the Named lnsured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named lnsured with permission of the owner, nor to damage to the contents of premises rented to a Named lnsured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANGE Section' C. LIMITS OF INSURANGE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the lnsurer will pay under GOVERAGE A for damages because of property damage to: a. any one premises while rented to a Named lnsured or temporarily occupied by a Named lnsured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive daYs. The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(lXaXii), and replace it with the following: (ii) That is property insurance for premises rented to a Named lnsured, for premises temporarily occupied by the lriamed insured with the permission of the owner; or for personal property of others in the Named lnsuredns care, custodY or control; E. This provision 11. does not apply if liabilfty for damage to premises rented to a Named lnsured is excluded by another endorsement attached to this Goverage Pad. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANGE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subjectto Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limitisthe mostthe lnsurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: G G G G G G G G G G G; or (2) the amount shown in the Declarations for Medical Expense Limit. cNA75101XX (1-15) Page 10 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission' CTTA Manufacturers' General Liability Extension Endorsement B. Under COVERAGES, the lnsuring Agreement of Goverage C - Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the lnsurer within three years of the date of the accident; and 13. NON.OWNED AIRCRAFT Under COVERAGES, Goverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named lnsured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named lnsured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON.OWNED WATERCRAFT Under COVERAGES, Goverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not aPPIY to: (2) a watercraft that is not owned by any Named lnsured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY.DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: . Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Goverage B - Personal and Advertising lnjury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entifled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not aPPIY to: Knowing Violation of Rights of Another personal and advertising injury caused by or at the direction of the lnsured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury' This exclusion shall not apply to d-'iscrimination or humiliation that results in injury to the feelings or reputation of a natural person,'Oui onty if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named lnsured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named lnsured is a limited liability company) of the Named lnsured. 2. add the following exclusions: This insurance does not aPPIY to: Emplovment Related Discrimination cNA75101XX (1-15) Page11of14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. CTA Manufacturers' General Liability Extension Endorsement Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any lnsured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any lnsured' Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION provision doei not apply to any person or organization whose status as an lnsured derives solely from . Provision 1. ADDITIONAL INSUREDS of this endorsement; or . attachment of an additional insured endorsement to this Goverage Part. 16. PERSONAL AND ADVERTISING INJURY. LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Goverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not aPPIY to: Gontractual LiabilitY personal and advertising injury for which the lnsured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the tnsured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. bolely for the purpose -of iiaOitity assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an lnsured are deemed to be damages because of personal and advertising iniury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: lnsured contract means that part of a written contract or written agreement pertaining to the Named lnsured's business under which the Named lnsured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment' Tort iiaOitity means a liability tfrat woutO be imposed by law in the absence of any contract or agreement' C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the SECI|ON ENtitICd SUPPLEMENTARY PAYMENTS' COVERAGES A AND B: 1. Paragraph 2.d. is replaced bythe following: d. The allegations in the suit and the information the lnsurer knows about the otfense alleged in such suit are-such that no conflict appears to exist between the interests of the lnsured and the interests of the indemnitee; cNA75101XX (1-15) Page 12 of 14 Policy No: 6015920638 lnsured Name: TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. ctrA Manufacturers' General Liability Extension Endorsement 2. The first unnumbered paragraph beneath Paragraph 2.f.(2xb) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the lnsurer in the defense of that indemnitee, necessary litigation expenses incurred by the lnsurer, and necessary litigation expenses incurred by the indemnitee at the lnsurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising iniury and will not reduce the limits of insurance. D. ThiS PERSONAL AND ADVERTISING INJURY'LIMITED CONTRACTUAL LIABILITY PTOViS|ON dOCS NOt apply if Goverage B -Personal and Advertising lnjury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE - ELEVATORS A. Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the other lnsurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators' 1 8. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. paragraph i.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.|imit. 19. PROPERTY DAMAGE . PATTERNS MOLDS AND DIES Under COVERAGES, Goverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only w1h respect to patterns, molds or dies that are in the care, custody or control of the lnsured, and only if suih patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,0b0 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the GeneralAggregate Limit as described in LIMITS OF INSURANGE; and B. applies excess over any valid and collectible property insurance available to the lnsured, including any deductible applicable to such insurance; the Other lnsurance condition is changed accordingly' 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS lf the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Goverage part, the lnsurer will not deny coverage under this Goverage Part because of such failure' 21. WAIVER OF SUBROGATION . BLANKET Under GONDITIONS, the condition entifled Transfer of Rights of Recovery Against others To us is amended to add the following: The lnsurer waives any right of recovery the lnsurer may have payments the lnsurer makes for injury or damage arising out of: against any person or organization because of cNA75101XX (1-15) Page 13 of 14 Policy No: 6015920638 lnsured Name:TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. CTTA Manufacturers' General Liability Extension Endorsement ',. the Named lnsured's ongoing operations; or 2. your work included in the products'completed operations hazard. However, this waiver applies only when the Named lnsured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: f . is in effect or becomes effective during the term of this Goverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising iniury giving rise to the claim. All other terms and conditions of the Policy remain unchanged This endorsement, which forms a part of and is for attachment to the Policy effect on the effective date of said Policy at the hour stated in said Policy, below, and con with said issued bythe designated lnsurers, takes unless another effective date is shown cNA75101XX (1-15) Page 14 of 14 Policy No: 6015920638 lnsured Name:TriVan Truck BodY LLC Copyright CNA All Rights Reserved. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission' CI(A CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the lnsurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILIry COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART (lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under GOMMERCTAL GENERAL LtABtLtTy COND|T|ONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the lnsurer waives any right of recovery the lnsurer may have against such person or organization because of payments the lnsurer makes for injury or damage arising out of the Named lnsured's ongoing operations or your work included in the products'completed operations hazard. All other terms and conditions of the Policy remain unchanged -4 --I I SCHEDULE Name Of Person Or ization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: IN WR]TING IN A 1.fS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS 2.WAS EXECUTED PRIOR TO THE BODILY INJIIRY, PROPERTY DAMAGE ADVERTISING IN,JURY G]VING RISE TO THE CLA]M COVERAGE PART; AND OR PERSONAL AND This endorsement,wh ch forms a part of and IS for attach ment to the Policy issued by the desig nated lns urers takes effect on the effective date of said Policy at th e hou r stated n said Policy unless another effective date IS shown below, and expires with said CNA75008XX (10-16) Page 1 of 1 VALLEY FORGE INSURANCE COMPANY Policy No: Endorsement No: Effective Date: 6015920638 5 oe/30/20Le INSUTEd NAME: TRIVA}I TRUCK BODY, LLC Copyright CNA All Rights Reserved. lncludes copyrighted matorial of lnsurance Services Office, lnc., with its permission. CNA Business Auto Policy foliey Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named lnsured: TRIVAN TRUCK BODY, LLC Endorsement Effective Date: 09/30 l2O1 I The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization{s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization' Name(sl Of Person{s} Or Organization(sl: ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REOUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REOUIREMENT PRIOR TO LOSS this Schedule, if not shown above,will be shown in the Declarations.uired to colnformation Form No: CA 04 44 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: National Fire lnsurance Company of Hartford, 151 N Franklin St, Chicago' lL 60606 Policy No: BUA 6015920669 Policy Effective Date: 09/30/2019 Policy Page: 38 of 87 o Copyright lnsurance Services Office' lnc',2011 10/14/2021 Bell Anderson Agency, Inc. 600 SW 39th St., Suite 200 Renton WA 98057 Linda Minami, CPCU, ARM (425) 291-5200 (425) 291-5100 lindam@bell-anderson.com TriVan Truck Body, LLC 1385 W Smith Rd Ferndale WA 98248 The Continental Insurance Company 35289 National Fire Insurance Company Of Hartford 20478 CL21101448763 A 6015920638 09/30/2021 09/30/2022 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 B 6015920669 09/30/2021 09/30/2022 1,000,000 A 10,000 6015920655 09/30/2021 09/30/2022 9,000,000 9,000,000 A 6015920638 - WA Stop Gap 09/30/2021 09/30/2022 1,000,000 1,000,000 1,000,000 B Garage Keepers Liability 6015920669 09/30/2021 09/30/2022 Limit $1,000,000 Deductible $250/$500 The City of Kent is additional insured per the attached endorsement #CNA75101XX 0115 & SCA23500D 1011. Waiver of subrogation per the attached endorsement #CNA75008XX 0115 & CA0444 1013. Primary & non-contributory coverage per the attached endorsement #CNA75101XX 0115 City of Kent 220 Fourth Ave South Kent WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY SCA 23 500D (Ed. 10/11) SCA 23 500D Copyright, CNA Corporation, 2000. Page 1 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. HI JKLMN THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT – BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing Section III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to Section III, Paragraph A.4. SCA 23 500D (Ed. 10/11) SCA 23 500D Copyright, CNA Corporation, 2000. Page 2 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. HI JKLMN c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an "insured"; and (2) In or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to Section III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. 3. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 4. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident." H. Airbag Coverage The following is added to Section III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. J. Diminution In Value The following is added to Section III, Paragraph B.6. Subject to the following, the "diminution in value" exclusion does not apply to: SCA 23 500D (Ed. 10/11) SCA 23 500D Copyright, CNA Corporation, 2000. Page 3 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. HI JKLMN a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV) III. Drive Other Car Coverage – Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory Section IV, Paragraphs 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 1 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured - Primary And Non-Contributory To Additional Insured’s Insurance 3.Bodily Injury – Expanded Definition 4.Broad Knowledge of Occurrence/ Notice of Occurrence 5.Broad Named Insured 6.Estates, Legal Representatives and Spouses 7.Expected Or Intended Injury – Exception for Reasonable Force 8.In Rem Actions 9.Incidental Health Care Malpractice Coverage 10.Joint Ventures/Partnership/Limited Liability Companies 11.Legal Liability – Damage To Premises 12.Medical Payments 13.Non-owned Aircraft Coverage 14.Non-owned Watercraft 15.Personal And Advertising Injury – Discrimination or Humiliation 16.Personal And Advertising Injury - Limited Contractual Liability 17.Property Damage – Elevators 18.Supplementary Payments 19.Property Damage – Patterns, Molds and Dies 20.Unintentional Failure To Disclose Hazards 21.Waiver of Subrogation – Blanket Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 2 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization’s financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 3 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’s ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions – Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by: Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 4 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. the Named Insured’s acts or omissions; or b. the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liabili ty exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that suc h person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization’s premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However , this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 5 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 3. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is prim ary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY – EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that pers on at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 6 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. NOTICE OF OCCURRENCE The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement’s JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the me mbers of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 7 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business. 7. EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCE Under COVERAGES – Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury 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. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 8 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 9 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iii. amend the definition of Insured to: a. add the following: • the Named Insured’s employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. • the Named Insured’s volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and (2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured’s interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 10 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY – DAMAGE TO PREMISES A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’s care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@; or (2) the amount shown in the Declarations for Medical Expense Limit. Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 11 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 12 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSUREDS of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an 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: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 13 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE – ELEVATORS A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: Manufacturers’ General Liability Extension Endorsement CNA75101XX (1-15) Policy No: 6015920638 Page 14 of 14 Insured Name: TriVan Truck Body LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. the Named Insured’s ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1.IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2.WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above,the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below, and expires concurrently with said Policy. 6015920638CNA75008XX(10-16)Policy No: 6Page1 of 1 Endorsement No: VALLEY FORGE INSURANCE COMPANY 09/30/2019EffectiveDate: TRIVAN TRUCK BODY, LLCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.50020003860159206388350 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TRIVAN TRUCK BODY, LLC Endorsement Effective Date: 09/30/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. BUA 6015920669 Endorsement No: 2; Page: 1 of 1 Policy Page: 38 of 87 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Form No: CA 04 44 10 13 Endorsement Effective Date: Policy No: Policy Effective Date: 09/30/2019Endorsement Expiration Date: © Copyright Insurance Services Office, Inc., 2011 WFffi' KENT POLICE DEPARTMENT Rafael Padilla Chief of Police Phone: 253-856-5800DATE: July29,202l TO: Mayor Ralph FROM: A/C Kammerzell RlE: Request for Waiver of Bidding Requirements pursuant to KCC 3.70.I10 for the Evidence Van up-fitting The City of Kent Police is requesting that you waive the procedural requirement to solicit telephone/written bids or quotations, to enter a Goods and Services Agreement, as set forth in KCC 3.70.080. The evidence van is a critical piece of equipment for the proper ability to investigate major crimes and process crime scenes. Due to COVID-19 over the last yaffi, there has been significant delay in completing the construction and up-fitting of the van. At this time we have exhausted efforts to find a vendor that will take on the work or can complete the project\n areasonable amount of time. We have located only one vendor, Tri-Van Truck Body, that can complete the work in a reasonable amount of time by the end of the year. For this reason the bidding requirements would not be in the City's best interests. KPD had a budget authorization of $100,000 for a replacement evidence van. $60,000 was utilized to purchase the truck and have a box installed on the back. We had quotes to complete the outfitting of the box with electrical, NC, and cabinets. The initial quotes were within the remaining budgeted $40,000. Due to logistical complications resulting from the COVID-l9 pandemic, the initial vendor can no longer proceed due to a lack of parts and a back log of over 300 police cars. A second vendor, known for up-fitting fire vehicles and ambulances, also did not have the capacity due to COVID- 19 and would not take on the job. A third local fabrication company was contacted but was not feasible as the cost and time delay were extreme. After an extensive search and long unanticipated delays in fielding this critical piece of equipment, TriVan Truck Body was the only available vendor located to complete the work and get the vehicle online by the end of the year. Unfortunately, the cost is an increase over the original vendor quote. To complete the work, it will require an additional $68,5 53.04 (this includes tax). This money will come from the police departments existing2}2l budget. This increase has pushed the overall cost to up-fit the crime scene van to $108,553.04. Memorandum: Jnly 29,2021 Page: 2 KCC 3.70.110(AX2) &(AX3) allows the Mayor to waive the bidding requirements for the purchase of goods, materials, equipment, or services that are not part of a public work upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interests under the circumstances. Due to TriVan Truck Body being the only vendor who is willing to take on the job or can complete the work in a reasonable amount of time, the police department believes it is in the City's best interest to directly negotiate a services agreement with TriVan Truck Body and request that you authorizethe waiver of the bidding requirements. If you concur, please indicate your approval and waiver of bidding requirements by signing where indicated below. This waiver and the resulting contract will be filed with the city Clerk's office in accordance with Kent City code 3.70.050. Respectfully submitted, rt Assistant Chief Derek Kammerzell afu\a Mayor Dana Ral Datb