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HomeMy WebLinkAboutCAG2022-365 - Original - Coffman Engineers, Inc. - City Hall Seismic Structural Evaluation - 09/02/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan Apple Dir. Assist: Dir/Dep Dir: 4 Leah Bryant Parks, Recreation & Community Services 07/26/2022 ASAP NA F00108.64190.9419 4 4 N/A Contract 2490472 Original August 2022 Other 09/30/2022 4 4 4 $10,000 WM WM BL BL 9/2/22 CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) CONSULTANT SERVICES AGREEMENT between the City of Kent and COFFMAN ENGINEERS, INC. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Coffman Engineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 2nd Ave, Ste 400, Seattle, WA 98101-2923 (hereinafter the "Consultant"). I.DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The City of Kent received a report from Meng Analysis identifying Kent City Hall as a building that should be further evaluated for seismic risk. The existing building is a three- story CMU masonry building with wood infill framing. Historically these building types do not perform well during seismic events and retrofits are typically required. This building was evaluated for seismic risk back in 2002 and a retrofit was performed which likely addressed many of the deficiencies for this building type. Coffman Engineers, Inc. will perform an ASCE 41-17 Tier 1 evaluation to identify if further retrofits are recommended. Since this is a voluntary upgrade Coffman Engineers, Inc. will work with the City to evaluate risk and the extent of potential retrofits. The Consultant further represents that the services furnished und er this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by 9/30/2022. III.COMPENSATION. A.The City shall pay the Consultant, based on time and materials, an amount not to exceed $10,000, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B.The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objec ts to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all re cords and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. 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 enemy, 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 at the time of signing this A greement, 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 d elayed 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 caus ing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 Consultant 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 Consultant 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 Consultant 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 Consultant to fulfill its obligations under this Agreement. Except as expressly contemplate d by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf o f the Consultant or subcontractor 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 Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the atta ched Compliance Statement. VIII. INDEMNIFICATION. The Consultant 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant 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 Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the am ounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act . The City’s use or reuse of any of the documents, data , and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance a nd details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant 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 necessar y for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycl ed product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be b y 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 fro m 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 VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficient ly given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant 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 Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if th ose records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required . Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) K.Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its: DATE: CITY OF KENT: By: Print Name: Brian Levevenhagen Its:Deputy Parks Director DATE: NOTICES TO BE SENT TO: CONSULTANT: Kyle Johnson, P.E. Coffman Engineers, Inc. 1101 Second Ave, Suite 400 Seattle, WA 98101 206-623-0717 (telephone) NA (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Will Moore City of Kent 220 Fourth Avenue South Kent, WA 98032 (253)856-5081 (telephone) (253)856-6080 (facsimile) ATTEST: Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] Kyle Johnson (Sep 1, 2022 15:18 PDT) Kyle Johnson Kyle Johnson Senior Engineer, Structural Engineering Sep 1, 2022 Brian Levenhagen (Sep 2, 2022 07:56 PDT) Brian Levenhagen Sep 2, 2022 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ Kyle Johnson (Sep 1, 2022 15:18 PDT) Kyle Johnson Senior Engineer, Structural Engineering Coffman Engineers Sep 1, 2022 EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ July 20, 2022 Mr. Will Moore City of Kent - Facilities 400 West Gowe Street Kent, Washington 98032 Project: Kent City Hall – Seismic Evaluation 400 West Gowe Street Kent, Washington Subject: Structural Engineering Services Fee Proposal Dear Will: Coffman Engineers, Inc. (Coffman) is pleased to submit the following proposal to provide Structural Engineering services for the above referenced project. Our understanding of the project scope and our Scope of Work is based upon our initial phone conversation and your scoping email dated Tuesday, March 14, 2022. PROJECT DESCRIPTION The City of Kent received a report from Meng Analysis identifying Kent City Hall as a building that should be further evaluated for seismic risk. The existing building is a three-story CMU masonry building with wood infill framing. Historically these building types do not perform well during seismic events and retrofits are typically required. This building was evaluated for seismic risk back in 2002 and a retrofit was performed which likely addressed many of the deficiencies for this building type. Coffman will perform an ASCE 41-17 Tier 1 evaluation to identify if further retrofits are recommended. Since this is a voluntary upgrade Coffman will work with the City to evaluate risk and the extent of potential retrofits. TERMS AND CONDITIONS The attached Coffman’s General Terms and Conditions will serve as our contract in conjunction with this proposal. Specific terms and details of this proposal will govern where there is a conflict between the two. BASIC SERVICES General: Participate in telephone conferences and/or coordination with your office to identify and define the Scope of Work for the building condition assessment and general project coordination. Structural: 1.Perform an investigation of the current building structural systems to determine the seismic deficiencies of the building. Per the 2018 International Existing Building Code (IEBC), our evaluation would be in accordance with ASCE 41-17, and the performance objectives specified in the IEBC for an existing building with reduced seismic forces. Our evaluation will EXHIBIT A Mr. Will Moore City of Kent - Facilities July 20, 2022 Page 2 be a Tier 1 Screening. If required, a computer model of the building can be generated at an additional fee for analysis of the Tier 1 deficient elements. 2. Generate a report identifying the findings of the investigation. This report will list the structural deficiencies and recommendations for potential fixes. 3. Perform one site visit at the onset of the project to familiarize the engineers with the building and to identify any information not found on the existing building drawings. ASSUMPTIONS Our Scope of Work is based upon the following assumptions: 1. We anticipate the existing building drawings will be made available to Coffman. 2. We have assumed that geotechnical information will be provided and will include site-specific seismic design spectra. If it will not be provided, there will be sections of the Tier 1 report that will be left blank. BASIC SERVICES FEE Our compensation for providing the above services in accordance with the Scope of Work will be a fixed fee of Ten Thousand Dollars ($10,000). This fee will be billed monthly based on progress to date. Below is an itemized breakdown of the proposed fee: Structural Fee Meetings and Coordination: $1,000 Tier 1 Evaluation and Report: $7,500 Site Surveys: $1,500 Total $10,000 Coffman will notify the Owner when we are asked to provide items not included in our Basic Services Scope of Work, or when changes/unforeseen circumstances arise that are outside of our Assumptions noted in this proposal. REIMBURSABLE EXPENSES Reimbursable expenses as defined in Coffman Agreement for Professional Services will be billed at actual cost-plus ten percent. NOTICE TO PROCEED Upon your concurrence with this proposal, please sign and return a copy of this proposal and initial and return the attached Coffman’s General Terms and Conditions to this office for our records and as our notice to proceed. Mr. Will Moore City of Kent - Facilities July 20, 2022 Page 3 Please give me a call directly at (206) 947-7316 if you have any questions. We appreciate the opportunity to be of service to you. Sincerely, COFFMAN ENGINEERS, INC. Kyle Johnson, P.E. Senior Engineer, Structural Engineering kpj:rzd Enclosures O:\Seattle Proposals\2022\22-11764 Kent City Hall Seismic Eval\22-11764 Kent City Hall Seismic Study - CEI Fee Proposal.docx APPROVED AND ACCEPTED BY: CITY OF KENT Signature Title Date Coffman _______________ Client Initials _______________ Coffman’s General Terms and Conditions These General Terms and Conditions, as well as the terms in the proposal delivered to you, make up the “Agreement” as referenced herein. The term “Client” refers to the entity referred to in the proposal that is obtaining Coffman’s professional services. 1. Basic Services: Coffman will provide Client “Basic Services,” which are more particularly described in the Proposal attached hereto. The Basic Services will be provided in phases as defined in t he attached Proposal. Coffman’s Basic Services will be performed in accordance with applicable laws, codes, and standards currently in effect as of this Agreement’s Effective Date. 2. Additional Services: Services not expressly identified as Basic Services, services expressly outside the scope of Basic Services, or services identified as “Additional Services” in the attached proposal shall be considered “Additional Services.” Additional Services may be required for the Project. Coffman may notify Client if it believes Additional Services are required on the Project and shall notify Client before performing any Additional Services. Coffman shall not be required to perform Additional Services pursuant to this Agreement unless Client provides written authorization for Coffman to proceed with the Additional Services and Coffman agrees to perform such Additional Services. Coffman’s performance of Additional Services shall entitle Coffman to additional compensation pursuant to (i) the rate and reimbursable expense schedules in the attached proposal (ii) an appropriate adjustment in Coffman’s schedule for completion. Additional Services and Basic Services may be collectively referred to herein as “Services.” 3. Reimbursable Expenses: Expenses other than salary costs that are directly attributable to Coffman’s Services (“Reimbursable Expenses”) will be invoiced as described in the attached proposal and or the reimbursable schedule, or, if not listed in these documents, at Coffman’s cost plus a 10% markup. Reimbursable Expenses include but are not limited to expenses related to out of town travel, long distance phone charges, postal and shipping charges, personal and rental car usage, job related supplies, and printing/reproduction costs. 4. Subcontractors: Coffman may, at Coffman’s sole discretion, utilize other firms or consultants, if necessary, to complete the Services. The cost of any subconsultant services shall be subject to a 10% markup or as otherwise agreed upon to cover Coffman’s overhead expenses. 5. Time of Performance: Coffman’s Services pursuant to this Agreement are to commence upon the Agreement’s Effective Date and continue until agreed upon Services are completed or the Agreement is terminated. Coffman will perform its Services with due and reasonable diligence consistent with sound professional practices. Coffman shall not be responsible for failure to perform its Services if (i) there is a failure or delay by Client or its contractors, employees, or agents in providing Coffman with the necessary access to documentation or information; (ii) Client causes delays in any manner, whatsoever; (iii) such failure is due to any force majeure, fire, inclement weather, act of governmental authority, or any other cause reasonably beyond Coffman’s control. In any of these events, Coffman’s time for completion of its Services shall be extended accordingly. 6. Standard of Care: Coffman shall perform Services in a manner consistent with that level of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same geographical area. CLIENT ACKNOWLEDGES AND AGREES THAT COFFMAN HAS MADE NO OTHER IMPLIED OR EXPRESS REPRESENTATION, WARRANTY, OR CONDITION WITH RESPECT TO THE SERVICES TO BE PROVIDED PURSUANT TO THIS AGREEMENT. 7. Compensation: A. Compensation to be paid Coffman shall be in accordance with the Agreement and attached appendices. Coffman shall submit monthly invoices to Client. Invoices shall be due and payable by Client immediately upon receipt. B. Invoices not paid within thirty (30) days of receipt will be considered delinquent, and Client will be liable to Coffman for a late charge accruing from the date of such invoice to the date of payment at the lower of twelve (12) percent per annum or the maximum rate allowed by law and Client agrees to pay such late fee. C. If Client fails to pay Coffman’s invoices for fees and/or Reimbursable Expenses when they become due, other than in connection with a good faith dispute of the amount owing or due Coffman’s breach of this Agreement, Coffman may suspend performance of its Services pursuant to this Agreement following three (3) days written notice to Client of such non-payment until Coffman is paid in full for all invoices due. In the event of such suspension for non-payment, Coffman’s time for completion of its Services shall be extended accordingly. D. Further, if Client fails to pay Coffman’s invoices for fees and/or Reimbursable Expenses when they become due, at any time, and without waiving any other rights or claims against Client and without thereby incurring any liability to Client, Coffman may elect to terminate this Agreement and performance of Services immediately following written notice from Coffman to Client. Notwithstanding any such termination of services, Client shall pay Coffman for all services rendered by Coffman up to the date of termination of Services plus all interest and termination costs and expenses incurred by Coffman. E. Client agrees that it will reimburse Coffman for any costs and attorneys’ fees (including in-house counsel costs) Coffman incurs in any proceedings involving Client’s delinquent invoice payments or nonpayment. 8. Termination: Notwithstanding any other section of this Agreement, either party may terminate this Agreement by fifteen (15) days written notice. If Client elects to terminate this Agreement, Client shall pay Coffman in full for all Services performed and Reimbursable Expenses incurred up to the date which Coffman receives written termination notice, plus all termination costs and expenses incurred by Coffman. If Coffman elects to terminate this Agreement, Client shall pay Coffman in full for all Services performed and Reimbursable Expenses incurred up to the termination date. 9. Insurance: Coffman shall at its own cost and expense procure and maintain for the duration of this Agreement the following insurance policies: A. Commercial General Liability Coverage: $1,000,000 per occurrence and $2,000,000 aggregate coverage for bodily injury, personal injury, and property damage. B. Automobile Liability Coverage: $1,000,000 combined single limit per occurrence for bodily injury and property damage. C. Workers’ Compensation Coverage: Coffman shall maintain Workers’ Compensation insurance for its employees in accordance with the laws of the state where the services are being performed. D. Professional Liability Coverage: Coffman maintains professional errors and omissions coverage in an amount of $1,000,000 on a claim made annual aggregate basis. Proposal #22-11764, Kent City Hall – Seismic Evaluation Kent, Washington Structural Fee March 21, 2022 Coffman _______________ Client Initials _______________ Certificates of insurance reflecting such coverage may be produced by Coffman upon request. Notwithstanding any other provision contained within this Agreement, nothing shall be construed so as to void, vitiate, or adversely affect any insurance coverages held by either party to this Agreement. 10. Limitation of Liability: To the fullest extent permitted by law, Coffman and Client agree to limit the liability of Coffman and its subconsultants to Client for any and all causes of action, claims (including but not limited to claims for negligence, professional errors or omissions, strict liability, and breach of contract or warranty), losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes related to Coffman’s Services, so that the total aggregate liability of Coffman and its subconsultants to all those named shall not exceed $50,000 or Coffman’s total fee for Services, whichever is greater, in any event. 11. Indemnity: Subject to the limitation of liability mutually negotiated in this Agreement, Coffman shall indemnify Client from damages resulting from third party claims solely to the proportionate extent they are proximately caused by Coffman’s negligent performance of Services pursuant to this Agreement. Coffman’s indemnity obligations shall not require it to indemnify Client for Client’s sole negligence or reckless or willful misconduct. If damages are caused by, result from, or relate to the concurrent negligence of Client or a third party not directly controlled by Coffman, Coffman’s indemnity obligations shall be strictly limited to the extent of its proportionate negligence as established by a court of competent jurisdiction or arbitrator. 12. Ownership of Documents: All reports, field data, field notes, test data, calculations, drawings and specifications, estimates, CAD drawing files, and other documents prepared by Coffman, its officers, employees, agents, and subcontractors in the course of implementing this Agreement (collectively “Instruments of Service”) shall remain Coffman’s property. Coffman grants Client a nonexclusive license to use the Instruments of Service solely and exclusively in connection with Client’s use on the Project, provided that Client substantially performs its obligations pursuant to this Agreement, including prompt payment of all sums when due to Coffman. Client agrees to indemnify and hold Coffman harmless from and against any and all claims, liabilities, suits, demands, losses, damages, costs, and expenses (including but not limited to reasonable legal fees, costs of defense, and in-house counsel expenses), accruing or resulting to any persons, firms, or other legal entities on account of any damages or losses to property or persons including death and/or economic loss, arising out of the unlicensed or unauthorized use, transfer, or modification of the Instruments of Service. 13. Jobsite Safety: Coffman will not supervise, direct, control, or have authority over or be responsible for construction means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto on the Project or for any failure of Client to comply with applicable laws and regulations. 14. Hazardous Materials: Client acknowledges that Coffman has no expertise in and is not being retained for the purposes of investigating, detecting, abating, replacing, remediating, or removing any items, products, or materials containing hazardous substances. Client agrees to indemnify and hold harmless Coffman from and against any and all claims, losses, damages, liability, and costs, (including but not limited to reasonable legal fees, costs of defense, and in-house counsel expenses) arising out of or in any way connected with the presence, discharge, release, or escape of contaminants of any kind, excepting only such liabilities as may arise out of the sole negligence of Coffman in the performance of services pursuant to this Agreement. 15. Mutual Consequential and Punitive Damages Waiver: Neither Coffman nor Client shall be liable under any circumstances for loss of profits, loss of product, consequential damages of any kind, indirect damages of any kind or special damages of any kind to the other party or to any third party. No punitive or exemplary damages of any kind shall be recoverable against either party under any circumstances. 16. Assignment: Except as expressly provided for herein, neither Party will assign this Agreement, any right arising out of it, or the performance of obligations hereunder, without the written consent of the other. Nothing contained in this Agreement will create a contractual relationship with, or cause of action in favor of, any third party. 17. Severability: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable, or in conflict with the laws of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected and shall remain in full force and effect. 18. Governing Law: This Agreement shall be governed by the law of the location of Coffman’s office identified in the attached Proposal, without regard to conflict of law principles. 19. Headings: The headings in this Agreement are for convenience of reference only and shall not be deemed to be a part of this Agreement or limit or otherwise affect the construction, interpretation, or meaning thereof. 20. Dispute Resolution: All claims, disputes, controversies, or matters in question arising out of or relating to this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, with the exception of those disputes that arise out of or are related to collection matters or fees alone pursuant to this Agreement (collectively “Disputes”), shall be submitted to mediation before and as a condition precedent to pursuing any other remedy. Upon written request by either party to this Agreement for mediation of any Disputes, Coffman and Client shall select a neutral mediator by mutual agreement. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. The mediator shall be located in the same county as Coffman’s office listed in this Agreement, unless the Parties otherwise agree. In the event the Parties fail to mutually agree on a mediator, within ten (10) calendar days of a mediation request, a mediator shall be chosen as specified in the Mediation Rules of the American Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree. Should either Party to this Agreement commence any legal action against the other party arising out of this Agreement, the prevailing party as determined by an arbitrator or court of competent jurisdiction shall be entitled to recover its reasonable litigation expenses, including but not limited to court costs, expert witness fees, discovery expenses, and attorneys’ fees. 21. Amendments: This Agreement may be modified or amended only by a written document executed by both Coffman and Client. 22. Interpretation of Agreement: This Agreement shall be interpreted as though prepared by all Parties thereto and shall not be construed unfavorably against either Party. 23. No Third-Party Beneficiary: This Agreement is for the exclusive benefit and convenience of the parties hereto. Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action or any other right or benefit upon any third party not a party to this Agreement. 24. Entire Agreement: This Agreement constitutes the complete and exclusive statement of Agreement between Client and Coffman. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 25. Waiver: No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that Party may have hereunder. Seattle Office Billing Rate Schedule Effective January 1, 2022 PERSONNEL HOURLY RATES Principal Advisor I $226 Principal III $250 Principal II $240 Principal I $225 Senior Project Manager $226 Project Manager $183 Senior Discipline Manager $226 Senior Discipline Engineer $220 Fire Protection Senior Discipline Engineer $235 Fire Protection Senior Engineer $210 Fire Protection Engineer II $160 Fire Protection Engineer I $135 Senior Communications Designer $161 Senior Engineer $177 Engineer III $161 Engineer II $140 Engineer I $124 Commissioning Manager $204 Commissioning Project Manager $188 Commissioning Engineer $167 Commissioning Specialist $161 Commissioning Technician II $145 Commissioning Technician I $124 Senior Crane/Welding Specialist $210 Senior Project Manager $226 Project Manager $183 Project Administrator $120 Project Coordinator $90 Project Assistant $75 Senior Designer $151 Designer III $140 Designer II $127 Designer I $116 Drafter II $99 Drafter I $86 Engineering Intern $75 Operations Manager $188 Clerical $77 These rates are effective through December 2022 Seattle Office Reimbursable Expenses Schedule Effective January 1, 2022 Reproduction Costs Copies – 8 ½” x 11”, 8 ½” x 14” (per page): $0.10 Copies – 11” x 17” (per page): $0.15 System Charges Plots: Size Paper Plots 11” x 17” $0.75/plot 18” x 24” $1.50/plot 24” x 36” $3.00/plot 24” x 48” $4.00/plot 30” x 42” $4.50/plot 36” x 48” $6.00/plot 36” x 60” $7.50/plot Computer Charges from Other Systems: Billed at 1.10 times cost Auto Mileage Reimbursement Per Current Federal Guidelines: 58.5 cents per mile Equipment, Supplies, and Other Services Charges for miscellaneous expenses such as long distance or toll telephone calls, postage and shipping charges, telegrams and messenger service, permits, licenses, and fees paid for securing approval of authorities having jurisdiction over the project will be billed at 1.10 times cost. Charges for services, equipment, travel, and facilities not furnished directly by Coffman Engineers, Inc., and any unusual items of expense not customarily incurred in our normal operations, are computed on the basis of cost plus 10 percent. Such items include, but are not limited to, surveying services, services of testing laboratories, and unnamed specialist consultants. W:\Rate Schedules\2022 Rate Schedules\Seattle\Sea_2022 Reimbursable Billing Rate Schedule.doc EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’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. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy 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 Consultant’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 Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. EXHIBIT B (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant 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 Consultant. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Charter Oak Fire Insurance Company Travelers Property Cas. Co. of America Lexington Insurance Company Travelers Indemnity Co of America 07/25/2022 USI Insurance Services NW CL 601 Union Street, Suite 1000 Seattle, WA 98101 Please see below 206 441-6300 610-362-8530 Seattle.PLCertRequest@usi.com Coffman Engineers, Inc. 1101 2nd Avenue, Suite 400 Seattle, WA 98101-2923 25615 25674 19437 25666 A X X x P6307S864976COF21 11/30/2021 11/30/2022 1,000,000 500,000 15,000 1,000,000 2,000,000 2,000,000 D X X X BA7S8948402143G 11/30/2021 11/30/2022 1,000,000 B X X CUP7S9083872143 11/30/2021 11/30/2022 5,000,000 5,000,000 B N UB7S8993132143G incl. WA Stop Gap 11/30/2021 11/30/2022 X 1,000,000 1,000,000 1,000,000 C Professional & Pollution Liab 031565517 11/30/2021 11/30/2022 $2,000,000 Each Claim $2,000,000 Aggregate RE: SEA CEI 221868: Kent City Hall - Seismic Evaluation The General Liability, Automobile policy(s) include an automatic Additional Insured endorsement that provides Additional Insured status to The City of Kent only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability, (See Attached Descriptions) City of Kent 400 West Gowe Street Kent, WA 98032 1 of 2 #S36817437/M34193497 COFFMENG2Client#: 1842705 HXPJU 1 of 2 #S36817437/M34193497 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Automobile policy(s) provide a Blanket Waiver of Subrogation when required by written contract, except as prohibited by law. Umbrella Policy Follows form. 2 of 2 #S36817437/M34193497 -- COMMERC GENERAL L ITYIALIABIL POLICY :ISSUE D :NUMBER ATE THIS ENDORSEMENT CHA ASE READ IT CAREFULLYNGESTHEPOLICY.PLE TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S)GENERAL AGGREGATE LIMIT This endorsement i ies insurance pro ided under t folmodfvhelowing: COMMERC GENERAL L ITY VERA AIALIABILCOGEPRT SCHEDULE T General Aggregate imit:otal L $ Designated Project(s): (I no entry appears above in ma ion required to comp th endorsement will be shown in the Declarationsf,for t lete is as applicable is endorsement.)to th A.The Total General Aggregate Li i stated in the der COVERA (SEC ON which can be amtGECTII),t- Schedule abo is the most we will pay for the tributed only to operat at a sing designatedveionsle sum o l "project"n in the vfal:show Schedule abo e: 1.1.Medical E under COVERAGE C A separate Designated Project General Ag-xpenses (SECTI I);ON gregate Li it app designated "pro-m lies to each ject"and that l m is equal to the amount of,i it2.Damages under COVERAGE A (S ON I),ECTI the General Aggregate Li t shown in themiexceptdabecauseof"bodi injur "ormageslyy Declarat ns.io"property damage inc in the "products-"luded comp d operat ";andleteionshazard 2.Subject to the Tota General Aggregate Li itlm stated in the Schedule abo ,the Designatedve3.Damages under COVERA B (SEC ONGETI I) Project General Aggregate Li i is the mostmt regardless of mber o :the nu f we will pay for the su o al da undermflmages a.Insureds;COVERA A,e da because ofGExceptmages "bodily in "or "property da age"incjurymludedb.Clai made or "suits"brought;ms in the "products-comp operat haz-leted ions c.Persons or organizations making c ms orlai ard",and for medica e under COV-l xpenses bringing "sui ";orts ERAGE the nu fCregardlessofmbero: d.Designated "projects"listed in the SCHED-a.Insureds; ULE above. b.Clai made or "suits"brought;orms B.For al sums which the insured becomes legallly c.Persons or organizations mak cla msingiobligatedtopayasdamagescausedby"occur-or bringing "suits".rences"under COVERAGE A (SEC ON I)andTI, for al med e s caused by accidents un-l ical xpense CG D3 21 01 04 Copyright,Tra elers Inde ity mpany,2004 Page 1 oThevmnCof 2 COMMERC GENERAL L ITYIALIABIL 3.Any payments for To Pre Rented To You and Medical EmadeunderCOVERAGEAmisesx- pense continue to apply.damages or under COVERA C for calGEmedi expenses shall reduce both the Total General D.2.SEC ION I LI T OFPartofTIIMIS INSURANCE Aggregate Lim t stated in the Schedulei is deleted and rep folacedbythellowing: abo and the Designated Projec Generalve,t 2.The General Aggregate Li i is the most wemtAggregateLitforthatdesignated"projec ".mi t will for o :pay the sum fSuchpaymenshallnotreducetheGeeraltsn a.Damages under Co andverageB;Aggregate Lim t shown in the Declarationsi nor shall they reduce any other Designated b.Damages f m "occurrences"underro Project General Aggregate Li t for any othermi COVERA A (ION I)and for alGESECTl designated "project"shown in the Schedule med e caused by accidentsicalxpensesabove.under COVERAGE C (ION I)whichSECT 4.The l m shown in the Declara for Each cannot be attr only to oper t atiitstionsibutedaions Occurrence,Da Pre ises Rented To a single designated "project"shown in themageTom SCHEDULE abo e.vYouandMedicalEcontinuetoapply.xpense Howe instead o be subject to thever,f ing E.W co erage for liab li arising out o thehenvityf General Aggregate Li i shown in the Declmta-"products-comple operations hazard is pro-ted " rations,such li its wil be subject to both theml v ded,any pa ments for da because ofiymages Total Genera Aggregate L m stated in theliit "bodily injury or "property damage"inc in"luded Schedule abo and the appl le Desive,icab g-the "products-comp o erat hazard"willletedpions nated Projec General Aggregate L m .t i it reduce the Products Comp Operat Ag--leted ions C.For al sums which the insured becomes legal gregate Lim ,and not reduce the Total Generalllyit obligated to pay as damages caused by "occur-Aggregate Li t stated in v themitheScheduleaboe, rences"under COVERAGE A (SEC ON I)and General Aggrega L m ,or the Designated Pro-TI ,te i it ject Aggregate L mGeneraliit.for al med e s caused by accidents un-l ical xpense der COVERA C ON I)GE C (SE TI ,which cannot be F.For the purposes of th endorsement the De i-is fin attr only to operations at a single desiibutedg-tions Section is amended by the addition o thef nated "project shown in the Schedule abo e:"v fo lowing def itlinion: 1.Any payments formadeunderCOVERAGEA "Projec "means an area away fro pre isestmm damages or under COVERA C for calGEmedi owned by or rented to you at which you are per- expenses shall reduce the amount a ivalable for ing oper t pursuant to a contract ormaions under the Tota General Aggregate L mliit agreement.For the purposes of deter ing themin stated in the Schedule ve and theabo General applicab aggregate li t o insurance,eachlemif Aggregate Li it or the Products-Co tedm,mple "project"that includes prem in l i theisesvovng Operations Aggregate Li t,whiche er is amivp-same or connecting lots,or prem whose con-isesplicabandle;nection is interrupted only by a street,roadway, 2.Such payments shall not reduce any Desi waterway or right of way of a railroad shall beg--- nated Projec General Aggregate L m .considered a single "projec ".t i it t As respects this Prov ,the l m ts shown in The pro of LIM O INSURANCEisioniivisionsITSFC.G. the Declarations for Each O Da (SECTI I not otherwise modi ied by this eccurrence,mage ON II)f n- dorsement shall to applycontinue as stipulated. Page 2 o Copyright,Tra elers Inde ity mpany,2004f2ThevmnCo CG D3 21 01 04 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Non-Owned Watercraft – 75 Feet Long Or Less H.Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating ToB.Who Is An Insured – Unnamed Subsidiaries PremisesC.Who Is An Insured – Retired Partners, Members, I.Blanket Additional Insured – GovernmentalDirectors And Employees Entities – Permits Or Authorizations Relating ToD.Who Is An Insured – Employees And Volunteer OperationsWorkers – Bodily Injury To Co-Employees, Co- J.Incidental Medical MalpracticeVolunteer Workers And Retired Partners, Members, Directors And Employees K.Medical Payments – Increased Limit E.Who Is An Insured – Newly Acquired Or Formed L.Amendment Of Excess Insurance Condition – Limited Liability Companies Professional Liability F.Blanket Additional Insured – Controlling Interest M.Blanket Waiver Of Subrogation – When Required By Written Contract Or AgreementG.Blanket Additional Insured – Mortgagees, Assignees, Successors Or Receivers N.Contractual Liability – Railroads PROVISIONS uses or is responsible for the use of a watercraft that you do not own that is:A. NON-OWNED WATERCRAFT – 75 FEET (1)75 feet long or less; andLONG OR LESS (2)Not being used to carry any person1.The following replaces Paragraph (2)of or property for a charge;Exclusion g.,Aircraft, Auto Or Watercraft, in Paragraph 2.of SECTION I –B. WHO IS AN INSURED – UNNAMED COVERAGES – COVERAGE A – BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II – WHO ISLIABILITY:AN INSURED: (2)A watercraft you do not own that is:Any of your subsidiaries, other than a partnership(a)75 feet long or less; and or joint venture, that is not shown as a Named (b)Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge;if: 2.The following replaces Paragraph 2.e.of a.You are the sole owner of, or maintain an SECTION II – WHO IS AN INSURED:ownership interest of more than 50% in, such subsidiary on the first day of the policye.Any person or organization that, with period; andyour express or implied consent, either CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY Unless you are in the business or occupationb.Such subsidiary is not an insured under of providing professional health caresimilar other insurance. services, Paragraphs (1)(a),(b),(c)and (d)No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arisinginjury" or "property damage" that occurred, or out of providing or failing to provide first aid"personal and advertising injury" caused by an or "Good Samaritan services" by any of youroffense committed:retired partners, members, directors or a.Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or "employees" providing or failing to provideb.After the date, if any, during the policy period first aid or "Good Samaritan services" duringthat you no longer maintain an ownership their work hours for you will be deemed to beinterest of more than 50% in such subsidiary.acting within the scope of their employmentFor purposes of Paragraph 1.of Section II – Who by you or performing duties related to theIs An Insured, each such subsidiary will be conduct of your business.deemed to be designated in the Declarations as:(2)"Personal injury": a.A limited liability company;(a)To you, to your current or retired b.An organization other than a partnership,partners or members (if you are ajoint venture or limited liability company; or partnership or joint venture), to your current or retired members (if you are ac.A trust; limited liability company), to your otheras indicated in its name or the documents that current or retired directors orgovern its structure."employees" while in the course of his or her employment or performing dutiesC. WHO IS AN INSURED – RETIRED PARTNERS, related to the conduct of your business,MEMBERS, DIRECTORS AND EMPLOYEES or to your other "volunteer workers"The following is added to Paragraph 2.of while performing duties related to theSECTION II – WHO IS AN INSURED:conduct of your business; Any person who is your retired partner, member,(b)To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or "volunteer worker" as a consequence ofacts within the scope of their employment by you Paragraph (2)(a)above;or while performing duties related to the conduct of your business. However, no such retired (c)For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone else who must pay damages because ofinsured for: the injury described in Paragraph (2)(a) (1)"Bodily injury":or (b)above; or (a)To you, to your current partners or (d)Arising out of his or her providing ormembers (if you are a partnership or failing to provide professional health carejoint venture), to your current members services.(if you are a limited liability company) or (3)"Property damage" to property:to your current directors; (a)Owned, occupied or used by; or(b)To the spouse, child, parent, brother or sister of that current partner, member or (b)Rented to, in the care, custody or controldirector as a consequence of Paragraph of, or over which physical control is(1)(a)above;being exercised for any purpose by; (c)For which there is any obligation to you, any of your retired partners, membersshare damages with or repay someone or directors, your current or retiredelse who must pay damages because of "employees" or "volunteer workers", anythe injury described in Paragraph (1)(a) current partner or member (if you are aor(b)above; or partnership or joint venture), or any current(d)Arising out of his or her providing or member (if you are a limited liabilityfailing to provide professional health care company) or current director.services. Page 2 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED – EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS – BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a.A limited liability company;WORKERS AND RETIRED PARTNERS, b.An organization other than a partnership,MEMBERS, DIRECTORS AND EMPLOYEES joint venture or limited liability company;The following is added to Paragraph 2.a.(1)of orSECTION II – WHO IS AN INSURED: c.A trust;Paragraphs (1)(a),(b)and (c)above do not as indicated in its name or the documentsapply to "bodily injury" to a current or retired co-that govern its structure."employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED – duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1.The following is added to SECTION II –workers" or retired partners, members or WHO IS AN INSURED:directors while performing duties related to the Any person or organization that has financialconduct of your business.control of you is an insured with respect toE. WHO IS AN INSURED – NEWLY ACQUIRED liability for "bodily injury", "property damage"OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that The following replaces Paragraph 3.of arises out of: SECTION II – WHO IS AN INSURED:a.Such financial control; or 3.Any organization you newly acquire or form,b.Such person's or organization'sother than a partnership or joint venture, and ownership, maintenance or use ofof which you are the sole owner or in which premises leased to or occupied by you.you maintain an ownership interest of more The insurance provided to such person orthan 50%, will qualify as a Named Insured if organization does not apply to structuralthere is no other similar insurance available alterations, new construction or demolitionto that organization. However:operations performed by or on behalf of sucha.Coverage under this provision is person or organization.afforded only: 2.The following is added to Paragraph 4.of(1)Until the 180th day after you acquire SECTION II – WHO IS AN INSURED:or form the organization or the end This paragraph does not apply to anyof the policy period, whichever is premises owner, manager or lessor that hasearlier, if you do not report such financial control of you.organization in writing to us within 180 days after you acquire or form it;G. BLANKET ADDITIONAL INSURED – or MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS(2)Until the end of the policy period, when that date is later than 180 days The following is added to SECTION II – WHO ISafter you acquire or form such AN INSURED:organization, if you report such Any person or organization that is a mortgagee,organization in writing to us within assignee, successor or receiver and that you180 days after you acquire or form it; have agreed in a written contract or agreementb.Coverage A does not apply to "bodily to include as an additional insured on thisinjury" or "property damage" that Coverage Part is an insured, but only withoccurred before you acquired or formed respect to its liability as mortgagee, assignee,the organization; and successor or receiver for "bodily injury", "property c.Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a.Is "bodily injury" or "property damage" thator formed the organization.occurs, or is "personal and advertising injury" For the purposes of Paragraph 1.of Section caused by an offense that is committed, II – Who Is An Insured, each such CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b.Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED – use of the premises for which that GOVERNMENTAL ENTITIES – PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II – WHO ISthis Coverage Part.AN INSURED: The insurance provided to such mortgagee,Any governmental entity that has issued a permitassignee, successor or receiver is subject to the or authorization with respect to operationsfollowing provisions:performed by you or on your behalf and that you a.The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less.and advertising injury" arising out of such operations.b.The insurance provided to such person or organization does not apply to:The insurance provided to such governmental entity does not apply to:(1)Any "bodily injury" or "property damage" that occurs, or any "personal and a.Any "bodily injury", "property damage" oradvertising injury" caused by an offense "personal and advertising injury" arising outthat is committed, after such contract or of operations performed for theagreement is no longer in effect; or governmental entity; or (2)Any "bodily injury", "property damage" or b.Any "bodily injury" or "property damage""personal and advertising injury" arising included in the "products-completedout of any structural alterations, new operations hazard".construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICEperformed by or on behalf of such 1.The following replaces Paragraph b.of themortgagee, assignee, successor or definition of "occurrence" in thereceiver. DEFINITIONS Section:H. BLANKET ADDITIONAL INSURED – b.An act or omission committed inGOVERNMENTAL ENTITIES – PERMITS OR providing or failing to provide "incidentalAUTHORIZATIONS RELATING TO PREMISES medical services", first aid or "GoodThe following is added to SECTION II – WHO IS Samaritan services" to a person, unlessAN INSURED:you are in the business or occupation of providing professional health careAny governmental entity that has issued a permit services.or authorization with respect to premises owned or occupied by, or rented or loaned to, you and 2.The following replaces the last paragraph of that you are required by any ordinance, law,Paragraph 2.a.(1)of SECTION II – WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupationCoverage Part is an insured, but only with of providing professional health carerespect to liability for "bodily injury", "property services, Paragraphs (1)(a),(b),(c)and (d)damage" or "personal and advertising injury"above do not apply to "bodily injury" arisingarising out of the existence, ownership, use,out of providing or failing to provide: maintenance, repair, construction, erection or (a)"Incidental medical services" by any ofremoval of any of the following for which that your "employees" who is a nurse,governmental entity has issued such permit or nurse assistant, emergency medicalauthorization: advertising signs, awnings,technician, paramedic, athletic trainer,canopies, cellar entrances, coal holes,audiologist, dietician, nutritionist,driveways, manholes, marquees, hoist away Page 4 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY – RAILROADS 1.The following replaces Paragraph c.of the definition of "insured contract" in the DEFINITIONS Section: c.Any easement or license agreement; 2.Paragraph f.(1)of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (1)The "bodily injury" or "property damage" is the entire policy carefully to determine rights, duties and caused by an "occurrence" that takes place what is and is not covered.in the"coverage territory"; Throughout this policy the words "you" and "your" refer (2)The "bodily injury" or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named (3)Prior to the policy period, no insured listedInsured under this policy. The words "we", "us" and under Paragraph 1.of Section II – Who Is"our" refer to the company providing this insurance.An Insured and no "employee" authorized The word "insured" means any person or organization by you to give or receive notice of an qualifying as such under Section II – Who Is An "occurrence" or claim knew that the "bodily Insured.injury" or "property damage" had occurred, in whole or in part. If such a listed insuredOther words and phrases that appear in quotation or authorized "employee" knew, prior to themarks have special meaning. Refer to Section V –policy period, that the "bodily injury" orDefinitions."property damage" occurred, then any SECTION I – COVERAGES continuation, change or resumption of such "bodily injury" or "property damage" duringCOVERAGE A – BODILY INJURY AND PROPERTY or after the policy period will be deemed toDAMAGE LIABILITY have been known prior to the policy period.1. Insuring Agreement c."Bodily injury" or "property damage" whicha.We will pay those sums that the insured occurs during the policy period and was not,becomes legally obligated to pay as damages prior to the policy period, known to havebecause of "bodily injury" or "property damage"occurred by any insured listed under Paragraphto which this insurance applies. We will have 1.of Section II – Who Is An Insured or anythe right and duty to defend the insured against "employee" authorized by you to give or receiveany "suit" seeking those damages. However,notice of an "occurrence" or claim, includes anywe will have no duty to defend the insured continuation, change or resumption of thatagainst any "suit" seeking damages for "bodily "bodily injury" or "property damage" after theinjury" or "property damage" to which this end of the policy period.insurance does not apply. We may, at our discretion, investigate any "occurrence" and d."Bodily injury" or "property damage" will be settle any claim or "suit" that may result. But:deemed to have been known to have occurred at the earliest time when any insured listed(1)The amount we will pay for damages is under Paragraph 1.of Section II – Who Is Anlimited as described in Section III – Limits Insured or any "employee" authorized by you toOf Insurance; and give or receive notice of an "occurrence" or (2)Our right and duty to defend end when we claim: have used up the applicable limit of (1)Reports all, or any part, of the "bodilyinsurance in the payment of judgments or injury" or "property damage" to us or anysettlements under Coverages A or B or other insurer;medical expenses under Coverage C. (2)Receives a written or verbal demand orNo other obligation or liability to pay sums or claim for damages because of the "bodilyperform acts or services is covered unless injury" or "property damage"; orexplicitly provided for under Supplementary Payments.(3)Becomes aware by any other means that "bodily injury" or "property damage" hasb.This insurance applies to "bodily injury" and occurred or has begun to occur."property damage" only if: CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page1 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY e.Damages because of "bodily injury" include (3)Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. any time from the"bodily injury".This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. ForThis insurance does not apply to:the purposes of this exclusion, permitting aa. Expected Or Intended Injury person to bring alcoholic beverages on your "Bodily injury" or "property damage" expected or premises, for consumption on your premises, intended from the standpoint of the insured.whether or not a fee is charged or a license is This exclusion does not apply to "bodily injury"required for such activity, is not by itself or "property damage" resulting from the use of considered the business of selling, serving or reasonable force to protect persons or property.furnishing alcoholic beverages. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury" or "property damage" for which Any obligation of the insured under a workers' the insured is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability in a unemployment compensation law or any similar contract or agreement. This exclusion does not law. apply to liability for damages:e. Employer's Liability (1)That the insured would have in the absence "Bodily injury" to:of the contract or agreement; or (1)An "employee" of the insured arising out of(2)Assumed in a contract or agreement that is and in the course of:an "insured contract", provided that the (a)Employment by the insured; or"bodily injury" or "property damage" occurs subsequent to the execution of the contract (b)Performing duties related to the or agreement. Solely for the purposes of conduct of the insured's business; or liability assumed in an "insured contract",(2)The spouse, child, parent, brother or sisterreasonable attorneys' fees and necessary of that "employee" as a consequence oflitigation expenses incurred by or for a party Paragraph (1)above.other than an insured will be deemed to be This exclusion applies whether the insured maydamages because of "bodily injury" or be liable as an employer or in any other capacity"property damage", provided that:and to any obligation to share damages with or(a)Liability to such party for, or for the repay someone else who must pay damagescost of, that party's defense has also because of the injury.been assumed in the same "insured This exclusion does not apply to liabilitycontract"; and assumed by the insured under an "insured(b)Such attorneys' fees and litigation contract".expenses are for defense of that party f. Pollutionagainst a civil or alternative dispute (1)"Bodily injury" or "property damage" arisingresolution proceeding in which out of the actual, alleged or threateneddamages to which this insurance discharge, dispersal, seepage, migration,applies are alleged. release or escape of "pollutants":c. Liquor Liability (a)At or from any premises, site or"Bodily injury" or "property damage" for which location which is or was at any timeany insured may be held liable by reason of:owned or occupied by, or rented or (1)Causing or contributing to the intoxication loaned to, any insured. However, this of any person;subparagraph does not apply to: (2)The furnishing of alcoholic beverages to a (i)"Bodily injury" if sustained within a person under the legal drinking age or building and caused by smoke, under the influence of alcohol; or fumes, vapor or soot produced by or originating from equipment that Page2 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other their guests;operating fluids escape from a vehicle part designed to hold, store(ii)"Bodily injury" or "property or receive them. This exceptiondamage" for which you may be does not apply if the "bodily injury"held liable, if you are a contractor or "property damage" arises out ofand the owner or lessee of such the intentional discharge, dispersalpremises, site or location has been or release of the fuels, lubricantsadded to your policy as an or other operating fluids, or if suchadditional insured with respect to your ongoing operations performed fuels, lubricants or other operating for that additional insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to, any the operations being performed by insured, other than that additional such insured, contractor or insured; or subcontractor; (iii)"Bodily injury" or "property (ii)"Bodily injury" or "propertydamage" arising out of heat,damage" sustained within asmoke or fumes from a "hostile building and caused by the releasefire";of gases, fumes or vapors from (b)At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal,by a contractor or subcontractor; orprocessing or treatment of waste; (iii)"Bodily injury" or "property(c)If such "pollutants" are or were at any damage" arising out of heat,time transported, handled, stored,smoke or fumes from a "hostiletreated, disposed of, or processed as fire"; orwaste by or for: (e)At or from any premises, site or(i)Any insured; or location on which any insured or any(ii)Any person or organization for contractors or subcontractors workingwhom you may be legally directly or indirectly on any insured'sresponsible;behalf are or were at any time (d)At or from any premises, site or performing operations to test for, location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in anydirectly or indirectly on any insured's way respond to, or assess the effectsbehalf are performing operations if the of, "pollutants"."pollutants" are brought on or to the (2)Any loss, cost or expense arising out ofpremises, site or location in connection any:with such operations by such insured, contractor or subcontractor. However,(a)Request, demand, order or statutory orthis subparagraph does not apply to:regulatory requirement that any insured (i)"Bodily injury" or "property or others test for, monitor, clean up, damage" arising out of the escape remove, contain, treat, detoxify or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of,"pollutants"; or CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page3 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (b)Claim or suit by or on behalf of any (b)The operation of any of the machinery governmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f.(3)of the definition of "mobile testing for, monitoring, cleaning up,equipment"; or removing, containing, treating,(6)An aircraft that is:detoxifying or neutralizing, or in any (a)Chartered with a pilot to any insured;way responding to, or assessing the effects of, "pollutants".(b)Not owned by any insured; and g. Aircraft, Auto Or Watercraft (c)Not being used to carry any person or property for a charge."Bodily injury" or "property damage" arising out of the ownership, maintenance, use or h. Mobile Equipment entrustment to others of any aircraft, "auto" or "Bodily injury" or "property damage" arising outwatercraft owned or operated by or rented or of:loaned to any insured. Use includes operation (1)The transportation of "mobile equipment"and "loading or unloading".by an "auto" owned or operated by orThis exclusion applies even if the claims rented or loaned to any insured; oragainst any insured allege negligence or other (2)The use of "mobile equipment" in, or whilewrongdoing in the supervision, hiring,in practice for, or while being prepared for,employment, training or monitoring of others by any prearranged racing, speed, demolition,that insured, if the "occurrence" which caused or stunting activity.the "bodily injury" or "property damage" involved the ownership, maintenance, use or i. War entrustment to others of any aircraft, "auto" or "Bodily injury" or "property damage" arising outwatercraft that is owned or operated by or of:rented or loaned to any insured.(1)War, including undeclared or civil war;This exclusion does not apply to:(2)Warlike action by a military force, including(1)A watercraft while ashore on premises you action in hindering or defending against anown or rent;actual or expected attack, by any (2)A watercraft you do not own that is:government, sovereign or other authority using military personnel or other agents; or(a)50 feet long or less; and (3)Insurrection, rebellion, revolution, usurped(b)Not being used to carry any person or power, or action taken by governmentalproperty for a charge;authority in hindering or defending against(3)Parking an "auto" on, or on the ways next any of these.to, premises you own or rent, provided the j. Damage To Property"auto" is not owned by or rented or loaned to you or the insured;"Property damage" to: (4)Liability assumed under any "insured (1)Property you own, rent, or occupy, contract" for the ownership, maintenance or including any costs or expenses incurred use of aircraft or watercraft;by you, or any other person, organization or entity, for repair, replacement,(5)"Bodily injury" or "property damage" arising enhancement, restoration or maintenanceout of:of such property for any reason, including(a)The operation of machinery or prevention of injury to a person or damageequipment that is attached to, or part to another's property;of, a land vehicle that would qualify as (2)Premises you sell, give away or abandon, if"mobile equipment" under the definition the "property damage" arises out of anyof "mobile equipment" if such land part of those premises;vehicle were not subject to a compulsory or financial responsibility (3)Property loaned to you; law, or other motor vehicle insurance (4)Personal property in the care, custody orlaw, where it is licensed or principally control of the insured;garaged; or Page4 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (5)That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products, Work Or Impairedthe "property damage" arises out of those Propertyoperations; or Damages claimed for any loss, cost or expense (6)That particular part of any property that incurred by you or others for the loss of use, must be restored, repaired or replaced withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it.of: (1)"Your product";Paragraphs (1),(3)and (4)of this exclusion do not apply to "premises damage". A separate (2)"Your work"; orlimit of insurance applies to "premises damage"(3)"Impaired property";as described in Paragraph 6.of Section III – if such product, work, or property is withdrawnLimits Of Insurance. or recalled from the market or from use by anyParagraph(2)of this exclusion does not apply if person or organization because of a known orthe premises are "your work" and were never suspected defect, deficiency, inadequacy oroccupied, rented or held for rental by you.dangerous condition in it.Paragraphs (3),(4),(5)and (6)of this o. Personal And Advertising Injuryexclusion do not apply to liability assumed "Bodily injury" arising out of "personal andunder a sidetrack agreement. advertising injury".Paragraph (6)of this exclusion does not apply p. Electronic Datato "property damage" included in the "products- completed operations hazard".Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access,k. Damage To Your Product or inability to manipulate "electronic data"."Property damage" to "your product" arising out of it or any part of it.However, this exclusion does not apply to liability for damages because of "bodily injury".l. Damage To Your Work q. Unsolicited Communication"Property damage" to "your work" arising out of it or any part of it and included in the"products-"Bodily injury" or "property damage" arising outcompleted operations hazard".of any actual or alleged violation of any law that This exclusion does not apply if the damaged restricts or prohibits the sending, transmitting work or the work out of which the damage or distributing of "unsolicited communication". arises was performed on your behalf by a r. Access Or Disclosure Of Confidential Orsubcontractor.Personal Informationm. Damage To Impaired Property Or Property "Bodily injury" or "property damage" arising outNot Physically Injured of any access to or disclosure of any person's"Property damage" to "impaired property" or or organization's confidential or personalproperty that has not been physically injured,information.arising out of: s. Asbestos(1)A defect, deficiency, inadequacy or (1)"Bodily injury" or "property damage" arisingdangerous condition in "your product" or out of the actual or alleged presence or"your work"; or actual, alleged or threatened dispersal of(2)A delay or failure by you or anyone acting asbestos, asbestos fibers or productson your behalf to perform a contract or containing asbestos, provided that theagreement in accordance with its terms."bodily injury" or "property damage" isThis exclusion does not apply to the loss of use caused or contributed to by the hazardousof other property arising out of sudden and properties of asbestos. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page5 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2)"Bodily injury" or "property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph (a),(b), or (c)above is directed. actual, alleged or threatened dispersal of This exclusion applies whether the insured may any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors,and to any obligation to share damages with or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the"bodily injury". "suit" which also alleges any "bodily injury"Exclusions c.through n.do not apply to "premisesor "property damage" described in damage". A separate limit of insurance applies toParagraph(1)above."premises damage" as described in Paragraph 6.of Section III – Limits Of Insurance.(3)Any loss, cost or expense arising out of any:COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY(a)Request, demand, order or statutory or 1. Insuring Agreementregulatory requirement that any insured or others test for, monitor, clean up,a.We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising injury" to assess the effects of, asbestos,which this insurance applies. We will have the asbestos fibers or products containing right and duty to defend the insured against any asbestos; or "suit" seeking those damages. However, we will have no duty to defend the insured against any(b)Claim or suit by or on behalf of any "suit" seeking damages for "personal andgovernmental authority or any other advertising injury" to which this insurance doesperson or organization because of not apply. We may, at our discretion,testing for, monitoring, cleaning up,investigate any offense and settle any claim orremoving, containing, treating,"suit" that may result. But:detoxifying or neutralizing, or in any way responding to, or assessing the (1)The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III – Limits products containing asbestos.Of Insurance; and t. Employment-Related Practices (2)Our right and duty to defend end when we have used up the applicable limit of"Bodily injury" to: insurance in the payment of judgments or(1)A person arising out of any: settlements under Coverages A or B or(a)Refusal to employ that person;medical expenses under Coverage C.(b)Termination of that person's No other obligation or liability to pay sums oremployment; or perform acts or services is covered unless(c)Employment-related practice, policy,explicitly provided for under Supplementaryact or omission, such as coercion,Payments.demotion, evaluation, reassignment, b.This insurance applies to "personal anddiscipline, failure to promote or advertising injury" caused by an offense arisingadvance, harassment, humiliation, out of your business but only if the offense wasdiscrimination, libel, slander, violation committed in the "coverage territory" during theof the person's right of privacy, policy period.malicious prosecution or false arrest, detention or imprisonment applied to or 2. Exclusionsdirected at that person, regardless of This insurance does not apply to:whether such practice, policy, act or a. Knowing Violation Of Rights Of Anotheromission occurs, is applied or is committed before, during or after the "Personal and advertising injury" caused by ortime of that person's employment; or at the direction of the insured with the (2)The spouse, child, parent, brother or sister knowledge that the act would violate the rights of that person as a consequence of "bodily of another and would inflict "personal and injury" to that person at whom any of the advertising injury". Page6 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal against a civil or alternative dispute injury" caused by malicious prosecution.resolution proceeding in which damages to which this insuranceb. Material Published With Knowledge Of applies are alleged.Falsity f. Breach Of Contract"Personal and advertising injury" arising out of oral or written publication, including publication "Advertising injury" arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of g. Quality Or Performance Of Goods – Failureits falsity.To Conform To Statements c. Material Published Or Used Prior To Policy "Advertising injury" arising out of the failure ofPeriodgoods, products or services to conform with (1)"Personal and advertising injury" arising out any statement of quality or performance made of oral or written publication, including in your "advertisement". publication by electronic means, of material h. Wrong Description Of Priceswhose first publication took place before "Advertising injury" arising out of the wrongthe beginning of the policy period; or description of the price of goods, products or(2)"Advertising injury" arising out of services stated in your "advertisement".infringement of copyright, "title" or "slogan"i. Intellectual Propertyin your "advertisement" whose first infringement in your "advertisement" was "Personal and advertising injury" arising out of committed before the beginning of the any actual or alleged infringement or violation of policy period.any of the following rights or laws, or any other "personal and advertising injury" alleged in anyd. Criminal Acts claim or "suit" that also alleges any such"Personal and advertising injury" arising out of a infringement or violation:criminal act committed by or at the direction of (1)Copyright;the insured. (2)Patent;e. Contractual Liability (3)Trade dress;"Personal and advertising injury" for which the insured has assumed liability in a contract or (4)Trade name; agreement. This exclusion does not apply to (5)Trademark;liability for damages:(6)Trade secret; or(1)That the insured would have in the absence (7)Other intellectual property rights or laws.of the contract or agreement; or This exclusion does not apply to:(2)Because of "personal injury" assumed by you in a contract or agreement that is an (1)"Advertising injury" arising out of any actual "insured contract", provided that the or alleged infringement or violation of "personal injury" is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your "advertisement"; or the contract or agreement. Solely for the (2)Any other "personal and advertising injury"purposes of liability assumed by you in an alleged in any claim or "suit" that also"insured contract", reasonable attorneys'alleges any such infringement or violationfees and necessary litigation expenses of another's copyright, "title" or "slogan" inincurred by or for a party other than an your "advertisement".insured will be deemed to be damages because of "personal injury", provided that:j. Insureds In Media And Internet Type Businesses(a)Liability to such party for, or for the cost of, that party's defense has also "Personal and advertising injury" caused by anbeen assumed by you in the same offense committed by an insured whose"insured contract"; and business is: (b)Such attorneys' fees and litigation (1)Advertising, "broadcasting" or publishing;expenses are for defense of that party CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page7 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2)Designing or determining content of neutralizing, or in any way responding to, or websites for others; or assessing the effects of, "pollutants". (3)An Internet search, access, content or o. War service provider."Personal and advertising injury" arising out of: However, this exclusion does not apply to (1)War, including undeclared or civil war;Paragraphs a.(1),(2)and (3)of the definition of (2)Warlike action by a military force, including"personal injury".action in hindering or defending against anFor the purposes of this exclusion:actual or expected attack, by any (1)Creating and producing correspondence government, sovereign or other authority written in the conduct of your business,using military personnel or other agents; or bulletins, financial or annual reports, or (3)Insurrection, rebellion, revolution, usurpednewsletters about your goods, products or power, or action taken by governmentalservices will not be considered the authority in hindering or defending againstbusiness of publishing; and any of these. (2)The placing of frames, borders or links, or p. Unsolicited Communicationadvertising, for you or others anywhere on "Personal and advertising injury" arising out ofthe Internet will not, by itself, beconsidered any actual or alleged violation of any law thatthe business of advertising, "broadcasting"restricts or prohibits the sending, transmittingor publishing.or distributing of "unsolicited communication". k. Electronic Chatrooms Or Bulletin Boards q. Access Or Disclosure Of Confidential Or "Personal and advertising injury" arising out of Personal Information an electronic chatroom or bulletin board the "Personal and advertising injury" arising out ofinsured hosts or owns, or over which the any access to or disclosure of any person's orinsured exercises control.organization's confidential or personal l. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury" arising out of (1)"Personal and advertising injury" arising outthe unauthorized use of another's name or of the actual or alleged presence or actual,product in your e-mail address, domain name or alleged or threatened dispersal of asbestos,metatag, or any other similar tactics to mislead asbestos fibers or products containinganother's potential customers.asbestos, provided that the "personal and m. Pollution advertising injury" is caused or contributed to by the hazardous properties of asbestos."Personal and advertising injury" arising out of (2)"Personal and advertising injury" arising outthe actual, alleged or threatened discharge, of the actual or alleged presence or actual,dispersal, seepage, migration, release or alleged or threatened dispersal of any solid,escape of "pollutants" at any time. liquid, gaseous or thermal irritant orn. Pollution-Related contaminant, including smoke, vapors, Any loss, cost or expense arising out of any:soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or(1)Request, demand, order or statutory or "suit" which also alleges any "personal andregulatory requirement that any insured or advertising injury" described in Paragraphothers test for, monitor, clean up, remove, (1)above.contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects (3)Any loss, cost or expense arising out of of, "pollutants"; or any: (2)Claim or suit by or on behalf of any (a)Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for,or others test for, monitor, clean up, monitoring, cleaning up, removing,remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or Page8 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos,(3)Because of your operations; asbestos fibers or products containing provided that:asbestos; or (a)The accident takes place in the "coverage(b)Claim or suit by or on behalf of any territory" and during the policy period;governmental authority or any other (b)The expenses are incurred and reported toperson or organization because of us within one year of the date of thetesting for, monitoring, cleaning up,accident; andremoving, containing, treating, detoxifying or neutralizing, or in any (c)The injured person submits to examination, way responding to, or assessing the at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos.b.We will make these payments regardless of s. Employment-Related Practices fault. These payments will not exceed the applicable limit of insurance. We will pay"Personal injury" to:reasonable expenses for:(1)A person arising out of any:(1)First aid administered at the time of an(a)Refusal to employ that person;accident; (b)Termination of that person's (2)Necessary medical, surgical, X-ray andemployment; or dental services, including prosthetic (c)Employment-related practice, policy,devices; and act or omission, such as coercion,(3)Necessary ambulance, hospital,demotion, evaluation, reassignment,professional nursing and funeral services.discipline, failure to promote or 2. Exclusionsadvance, harassment, humiliation, We will not pay expenses for "bodily injury":discrimination, libel, slander, violation of the person's right of privacy,a. Any Insured malicious prosecution or false arrest,To any insured, except "volunteer workers".detention or imprisonment applied to or b. Hired Persondirected at that person, regardless of whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, is applied or is any insured or a tenant of any insured. committed before, during or after the c. Injury On Normally Occupied Premisestime of that person's employment; or To a person injured on that part of premises (2)The spouse, child, parent, brother or sister you own or rent that the person normallyof that person as a consequence of occupies."personal injury" to that person at whom d. Workers' Compensation And Similar Lawsany of the employment-related practices To a person, whether or not an "employee" ofdescribed in Paragraph (a),(b), or (c) any insured, if benefits for the "bodily injury" areabove is directed. payable or must be provided under a workers'This exclusion applies whether the insured may compensation or disability benefits law or abe liable as an employer or in any other capacity similar law.and to any obligation to share damages with or e. Athletics Activitiesrepay someone else who must pay damages because of the"personal injury".To a person injured while practicing, instructing or participating in any physical exercises orCOVERAGE C – MEDICAL PAYMENTS games, sports, or athletic contests.1. Insuring Agreement f. Products-Completed Operations Hazarda.We will pay medical expenses as described Included within the "products-completedbelow for "bodily injury" caused by an accident: operations hazard".(1)On premises you own or rent; g. Coverage A Exclusions(2)On ways next to premises you own or rent; or Excluded under Coverage A. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page9 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS assumed by the insured in the same "insured contract";1.We will pay, with respect to any claim we d.The allegations in the "suit" and the informationinvestigate or settle, or any "suit" against an insured we know about the "occurrence" or offense arewe defend: such that no conflict appears to exist between a.All expenses we incur.the interests of the insured and the interests of the indemnitee;b.Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations e.The indemnitee and the insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that do not have to furnish these bonds.we can assign the same counsel to defend the insured and the indemnitee; andc.The cost of bonds to release attachments, but f.The indemnitee:only for bond amounts within the applicable limit of insurance. We do not have to furnish these (1)Agrees in writing to:bonds.(a)Cooperate with us in the investigation, d.All reasonable expenses incurred by the settlement or defense of the"suit"; insured at our request to assist us in the (b)Immediately send us copies of anyinvestigation or defense of the claim or "suit",demands, notices, summonses or legalincluding actual loss of earnings up to $500 a papers received in connection with theday because of time off from work."suit"; e.All court costs taxed against the insured in the (c)Notify any other insurer whose "suit". However, these payments do not include coverage is available to the indemnitee; attorneys' fees or attorneys' expenses taxed and against the insured.(d)Cooperate with us with respect to f.Prejudgment interest awarded against the coordinating other applicable insurance insured on that part of the judgment we pay. If available to the indemnitee; and we make an offer to pay the applicable limit of (2)Provides us with written authorization to:insurance, we will not pay any prejudgment (a)Obtain records and other informationinterest based on that period of time after the related to the"suit"; andoffer. (b)Conduct and control the defense of theg.All interest on the full amount of any judgment indemnitee in such "suit".that accrues after entry of the judgment and So long as the above conditions are met, attorneys'before we have paid, offered to pay, or fees incurred by us in the defense of thatdeposited in court the part of the judgment that indemnitee, necessary litigation expenses incurredis within the applicable limit of insurance. by us and necessary litigation expenses incurred byThese payments will not reduce the limits of the indemnitee at our request will be paid asinsurance.Supplementary Payments. Notwithstanding the 2.If we defend an insured against a "suit" and an provisions of Paragraph 2.b.(2)of Section I –indemnitee of the insured is also named as a party Coverages – Coverage A – Bodily Injury Andto the "suit", we will defend that indemnitee if all of Property Damage Liability or Paragraph 2.e.ofthe following conditions are met:Section I – Coverages – Coverage B – Personal And Advertising Injury Liability, such payments willa.The "suit" against the indemnitee seeks not be deemed to be damages for "bodily injury",damages for which the insured has assumed "property damage" or "personal injury", and will notthe liability of the indemnitee in a contract or reduce the limits of insurance.agreement that is an "insured contract"; b.This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured;and to pay for attorneys' fees and necessary litigation expenses as Supplementary Paymentsc.The obligation to defend, or the cost of the ends when:defense of, that indemnitee, has also been Page10 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY a.We have used up the applicable limit of workers" while performing duties insurance in the payment of judgments,related to the conduct of your settlements or medical expenses; or business; (b)To the spouse, child, parent, brother orb.The conditions set forth above, or the terms of sister of that co-"employee" orthe agreement described in Paragraph f.above, "volunteer worker" as a consequenceare no longer met. of Paragraph (1)(a)above;SECTION II – WHO IS AN INSURED (c)For which there is any obligation to1.If you are designated in the Declarations as:share damages with or repay someonea.An individual, you and your spouse are else who must pay damages becauseinsureds, but only with respect to the conduct of the injury described in Paragraphof a business of which you are the sole owner.(1)(a)or (b)above; or b.A partnership or joint venture, you are an (d)Arising out of his or her providing orinsured. Your members, your partners, and failing to provide professional healththeir spouses are also insureds, but only with care services.respect to the conduct of your business.Unless you are in the business orc.A limited liability company, you are an insured.occupation of providing professional healthYour members are also insureds, but only with care services, Paragraphs (1)(a),(b),(c)respect to the conduct of your business. Your and (d)above do not apply to "bodily injury"managers are insureds, but only with respect to arising out of providing or failing to providetheir duties as your managers.first aid or "Good Samaritan services" by d.An organization other than a partnership, joint any of your "employees" or "volunteer venture or limited liability company, you are an workers", other than an employed or insured. Your "executive officers" and directors volunteer doctor. Any such "employees" or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your provide first aid or "Good Samaritan stockholders are also insureds, but only with services" during their work hours for you respect to their liability as stockholders.will be deemed to be acting within the scope of their employment by you ore.A trust, you are an insured. Your trustees are performing duties related to the conduct ofalso insureds, but only with respect to their your business.duties as trustees. (2)"Property damage" to property:2.Each of the following is also an insured: (a)Owned, occupied or used by;a.Your "volunteer workers" only while performing (b)Rented to, in the care, custody orduties related to the conduct of your business, control of, or over which physicalor your "employees", other than either your control is being exercised for any"executive officers" (if you are an organization purpose by;other than a partnership, joint venture or limited liability company) or your managers (if you are a you, any of your "employees", "volunteerlimited liability company), but only for acts workers", any partner or member (if you arewithin the scope of their employment by you or a partnership or joint venture), or anywhile performing duties related to the conduct member (if you are a limited liabilityof your business. However, none of these company)."employees" or "volunteer workers" are b.Any person (other than your "employee" orinsureds for:"volunteer worker"), or any organization, while (1)"Bodily injury" or "personal injury":acting as your real estate manager. (a)To you, to your partners or members (if c.Any person or organization having properyou are a partnership or joint venture),temporary custody of your property if you die,to your members (if you are a limited but only:liability company), to a co-"employee"(1)With respect to liability arising out of thewhile in the course of his or her maintenance or use of that property; andemployment or performing duties related to the conduct of your (2)Until your legal representative has been business, or to your other "volunteer appointed. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page11 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY d.Your legal representative if you die, but only b.Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of anypremises leased to you. representative will have all your rights and The insurance provided to such premises owner,duties under this Coverage Part.manager or lessor is subject to the following e.Any person or organization that, with your provisions: express or implied consent, either uses or is a.The limits of insurance provided to suchresponsible for the use of a watercraft that you premises owner, manager or lessor will be thedo not own that is:minimum limits that you agreed to provide in the (1)50 feet long or less; and written contract or agreement, or the limits shown in the Declarations, whichever are less.(2)Not being used to carry any person or property for a charge.b.The insurance provided to such premises owner, manager or lessor does not apply to:3.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability (1)Any "bodily injury" or "property damage" company, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury" caused by an offense that is than 50%, will qualify as a Named Insured if there is committed, after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However:(2)Structural alterations, new construction or a.Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period,lessor. whichever is earlier;5.Any person or organization that is an equipment b.Coverage A does not apply to "bodily injury" or lessor and that you have agreed in a written contract "property damage" that occurred before you or agreement to include as an additional insured on acquired or formed the organization; and this Coverage Part is an insured, but only with respect to liability for "bodily injury", "propertyc.Coverage B does not apply to "personal and damage", or "personal and advertising injury" that:advertising injury" arising out of an offense committed before you acquired or formed the a.Is "bodily injury" or "property damage" that organization.occurs, or is "personal and advertising injury" caused by an offense that is committed,For the purposes of Paragraph 1.of Section II –subsequent to the signing of that contract orWho Is An Insured, each such organization will be agreement; anddeemed to be designated in the Declarations as: b.Is caused, in whole or in part, by your acts or a.An organization, other than a partnership, joint omissions in the maintenance, operation or useventure or limited liability company; or of equipment leased to you by such equipment lessor.b.A trust; The insurance provided to such equipment lessor isas indicated in its name or the documents that subject to the following provisions:govern its structure. a.The limits of insurance provided to such4.Any person or organization that is a premises equipment lessor will be the minimum limits thatowner, manager or lessor and that you have agreed you agreed to provide in the written contract orin a written contract or agreement to include as an agreement, or the limits shown in theadditional insured on this Coverage Part is an Declarations, whichever are less.insured, but only with respect to liability for "bodily b.The insurance provided to such equipmentinjury", "property damage" or "personal and lessor does not apply to any "bodily injury" oradvertising injury" that:"property damage" that occurs, or "personal a.Is "bodily injury" or "property damage" that and advertising injury" caused by an offense that is committed, after the equipment leaseoccurs, or is "personal and advertising injury" expires.caused by an offense that is committed, subsequent to the signing of that contract or No person or organization is an insured with respect to agreement; and the conduct of any current or past partnership, joint Page12 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a.The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b.$300,000 if no amount is shown for the insured under Section II – Who Is An Insured.Damage To Premises Rented To You Limit in the Declarations of this Coverage Part.SECTION III – LIMITS OF INSURANCE 7.Subject to Paragraph 5.above, the Medical1.The Limits of Insurance shown in the Declarations Expense Limit is the most we will pay underand the rules below fix the most we will pay Coverage C for all medical expenses because ofregardless of the number of:"bodily injury" sustained by any one person.a.Insureds;The Limits of Insurance of this Coverage Part apply b.Claims made or "suits" brought; or separately to each consecutive annual period and to any remaining period of less than 12 months, starting withc.Persons or organizations making claims or the beginning of the policy period shown in thebringing "suits". Declarations, unless the policy period is extended after2.The General Aggregate Limit is the most we will pay issuance for an additional period of less than 12for the sum of:months. In that case, the additional period will be a.Medical expenses under Coverage C;deemed part of the last preceding period for purposes of determining the Limits of Insurance.b.Damages under Coverage A, except damages because of "bodily injury" or "property damage"SECTION IV – COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c.Damages under Coverage B.Bankruptcy or insolvency of the insured or of the 3.The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury" and "property 2. Duties In The Event Of Occurrence, Offense,damage" included in the "products-completed Claim Or Suitoperations hazard". a.You must see to it that we are notified as soon4.Subject to Paragraph 2.above, the Personal And as practicable of an "occurrence" or an offenseAdvertising Injury Limit is the most we will pay which may result in a claim. To the extentunder Coverage B for the sum of all damages possible, notice should include:because of all "personal injury" and "advertising (1)How, when and where the "occurrence" orinjury" sustained by any one person or organization. offense took place;5.Subject to Paragraph 2.or 3.above, whichever (2)The names and addresses of any injuredapplies, the Each Occurrence Limit is the most we persons and witnesses; andwill pay for the sum of: (3)The nature and location of any injury ora.Damages under Coverage A; and damage arising out of the "occurrence" orb.Medical expenses under Coverage C;offense. because of all "bodily injury" and "property damage"b.If a claim is made or "suit" is brought againstarising out of any one"occurrence".any insured, you must: For the purposes of determining the applicable (1)Immediately record the specifics of theEach Occurrence Limit, all related acts or claim or "suit" and the date received; andomissions committed in providing or failing to (2)Notify us as soon as practicable.provide first aid or "Good Samaritan services" to any one person will be deemed to be one You must see to it that we receive written notice "occurrence".of the claim or "suit" as soon as practicable. 6.Subject to Paragraph 5.above, the Damage To c.You and any other involved insured must: Premises Rented To You Limit is the most we will (1)Immediately send us copies of anypay under Coverage A for damages because of demands, notices, summonses or legal"premises damage" to any one premises. The papers received in connection with theDamage To Premises Rented To You Limit will be:claim or "suit"; CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page13 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2)Authorize us to obtain records and other (iii)An executive officer or director of information; any other organization; or (3)Cooperate with us in the investigation or (iv)A trustee of any trust; settlement of the claim or defense against that is your partner, joint venturethe"suit"; and member, manager or trustee; or (4)Assist us, upon our request, in the (b)Any employee authorized by suchenforcement of any right against any partnership, joint venture, limitedperson or organization which may be liable liability company, trust or otherto the insured because of injury or damage organization to give notice of anto which this insurance may also apply."occurrence" or offense. d.No insured will, except at that insured's own (3)Notice to us of such "occurrence" orcost, voluntarily make a payment, assume any offense will be deemed to be given as soonobligation, or incur any expense, other than for as practicable if it is given in good faith asfirst aid, without our consent.soon as practicable to your workers' compensation insurer. This applies only ife.The following provisions apply to Paragraph a. you subsequently give notice to us of theabove, but only for purposes of the insurance "occurrence" or offense as soon asprovided under this Coverage Part to you or any practicable after any of the personsinsured listed in Paragraph 1.or 2.of Section II described in Paragraph e.(1)or (2)above– Who Is An Insured: discovers that the "occurrence" or offense (1)Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsementindividual), any of your partners or that provides limited coverage for "bodily injury"members who is an individual (if you are a or "property damage" or pollution costs arisingpartnership or joint venture), any of your out of a discharge, release or escape ofmanagers who is an individual (if you are a "pollutants" which contains a requirement thatlimited liability company), any of your the discharge, release or escape of "pollutants""executive officers" or directors (if you are must be reported to us within a specific numberan organization other than a partnership,of days after its abrupt commencement, thisjoint venture, or limited liability company),Paragraph e.does not affect that requirement.any of your trustees who is an individual (if 3. Legal Action Against Usyou are a trust) or any "employee" No person or organization has a right under thisauthorized by you to give notice of an Coverage Part:"occurrence" or offense. a.To join us as a party or otherwise bring us into(2)If you are a partnership, joint venture,a "suit" asking for damages from an insured; orlimited liability company or trust, and none b.To sue us on this Coverage Part unless all ofof your partners, joint venture members, its terms have been fully complied with.managers or trustees are individuals, notice to us of such "occurrence" or offense must A person or organization may sue us to recover on be given as soon as practicable only after an agreed settlement or on a final judgment against the"occurrence" or offense is known by:an insured; but we will not be liable for damages that are not payable under the terms of this(a)Any individual who is:Coverage Part or that are in excess of the (i)A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture;means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's(ii)A manager of any limited liability legal representative.company; Page14 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii)That is insurance for "premises damage";If valid and collectible other insurance is available to (iii)If the loss arises out of thethe insured for a loss we cover under Coverages A maintenance or use of aircraft,or B of this Coverage Part, our obligations are "autos" or watercraft to the extentlimited as described in Paragraphs a.and b.below. not subject to any exclusion in thisAs used anywhere in this Coverage Part, other Coverage Part that applies toinsurance means insurance, or the funding of aircraft, "autos" or watercraft;losses, that is provided by, through or on behalf of: (iv)That is insurance available to a(i)Another insurance company;premises owner, manager or (ii)Us or any of our affiliated insurance companies,lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4.of Section II – Occurrence Limit provision of Paragraph 5.of Who Is An Insured, except when Section III – Limits Of Insurance or the Non Paragraph d.below applies; or cumulation of Personal and Advertising Injury (v)That is insurance available to anLimit provision of Paragraph 4.of Section III –equipment lessor that qualifies asLimits of Insurance applies because the an insured under Paragraph 5.ofAmendment – Non Cumulation Of Each Section II – Who Is An Insured,Occurrence Limit Of Liability And Non except when Paragraph d.belowCumulation Of Personal And Advertising Injury applies.Limit endorsement is included in this policy; (b)Any of the other insurance, whether(iii)Any risk retention group; or primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance.additional insured, or is any other insured that does not qualify as aOther insurance does not include umbrella named insured, under such otherinsurance, or excess insurance, that was bought insurance.specifically to apply in excess of the Limits of (2)When this insurance is excess, we willInsurance shown in the Declarations of this have no duty under Coverages A or B toCoverage Part. defend the insured against any "suit" if anyAs used anywhere in this Coverage Part, other other insurer has a duty to defend theinsurer means a provider of other insurance. As insured against that "suit". If no otherused in Paragraph c.below, insurer means a insurer defends, we will undertake to do so,provider of insurance.but we will be entitled to the insured's rights against all those other insurers.a. Primary Insurance (3)When this insurance is excess over otherThis insurance is primary except when insurance, we will pay only our share of theParagraphb.below applies. If this insurance is amount of the loss, if any, that exceeds theprimary, our obligations are not affected unless sumof:any of the other insurance is also primary. (a)The total amount that all such otherThen, we will share with all that other insurance insurance would pay for the loss in theby the method described in Paragraph c.below, absence of this insurance; andexcept when Paragraph d.below applies. (b)The total of all deductible and self-b. Excess Insurance insured amounts under all that other (1)This insurance is excess over:insurance. (4)We will share the remaining loss, if any,(a)Any of the other insurance, whether with any other insurance that is notprimary, excess, contingent or on any described in this Excess Insuranceother basis: provision and was not bought specifically to(i)That is Fire, Extended Coverage,apply in excess of the Limits of InsuranceBuilder's Risk, Installation Risk or shown in the Declarations of this Coveragesimilar coverage for "your work";Part. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page15 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a.The statements in the Declarations are accurate and complete;If all of the other insurance permits contribution by equal shares, we will follow this method also.b.Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c.We have issued this policy in reliance uponlimit of insurance or none of the loss remains,your representations.whichever comes first.The unintentional omission of, or unintentional errorIf any of the other insurance does not permit in, any information provided by you which we reliedcontribution by equal shares, we will contribute upon in issuing this policy will not prejudice yourby limits. Under this method, each insurer's rights under this insurance. However, this provisionshare is based on the ratio of its applicable limit does not affect our right to collect additionalof insurance to the total applicable limits of premium or to exercise our rights of cancellation orinsurance of all insurers.nonrenewalin accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, andagreement that the insurance afforded to an any rights or duties specifically assigned in thisinsured under this Coverage Part must apply on Coverage Part to the first Named Insured, thisa primary basis, or a primary and non-insurance applies:contributory basis, this insurance is primary to a.As if each Named Insured were the onlyother insurance that is available to such insured Named Insured; andwhich covers such insured as a named insured, b.Separately to each insured against whom claimand we will not share with that other insurance, is made or "suit" is brought.provided that: 8. Transfer Of Rights Of Recovery Against Others(1)The "bodily injury" or "property damage" for To Uswhich coverage is sought occurs; and If the insured has rights to recover all or part of any(2)The "personal and advertising injury" for payment we have made under this Coverage Part,which coverage is sought is caused by an those rights are transferred to us. The insured mustoffense that is committed;do nothing after loss to impair them. At our request,subsequent to the signing of that contract or the insured will bring "suit" or transfer those rightsagreement by you.to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a.We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we willPart in accordance with our rules and rates.mail or deliver to the first Named Insured shown in b.Premium shown in this Coverage Part as the Declarations written notice of the nonrenewaladvance premium is a deposit premium only. At not less than 30 days before the expiration date.the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficientthe earned premium for that period and send proof of notice.notice to the first Named Insured. The due date SECTION V – DEFINITIONSfor audit and retrospective premiums is the date shown as the due date on the bill. If the sum of 1."Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured.supporters. For the purposes of this definition: c.The first Named Insured must keep records of a.Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request.b.Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers orBy accepting this policy, you agree: supporters is considered an advertisement. Page16 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 2."Advertising injury":b.In, by or with any other electronic means of communication, such as the Internet, if thata.Means injury caused by one or more of the material is part of:following offenses: (1)Radio or television programming being(1)Oral or written publication, including transmitted;publication by electronic means, of material in your "advertisement" that slanders or (2)Other entertainment, educational,libels a person or organization or instructional, music or news programmingdisparages a person's or organization's being transmitted; orgoods, products or services, provided that the claim is made or the"suit" is brought by (3)Advertising transmitted with any of such a person or organization that claims to have programming. been slandered or libeled, or that claims to 6."Coverage territory" means:have had its goods, products or services disparaged;a.The United States of America (including its territories and possessions), Puerto Rico and(2)Oral or written publication, including Canada;publication by electronic means, of material in your "advertisement" that:b.International waters or airspace, but only if the (a)Appropriates a person's name, voice,injury or damage occurs in the course of travel photograph or likeness; or or transportation between any places included in Paragraph a.above; or(b)Unreasonably places a person in a false light; or c.All other parts of the world if the injury or damage arises out of:(3)Infringement of copyright, "title" or "slogan" in your "advertisement", provided that the (1)Goods or products made or sold by you in claim is made or the "suit" is brought by a the territory described in Paragraph a. person or organization that claims above; ownership of such copyright, "title" or (2)The activities of a person whose home is in"slogan".the territory described in Paragraph a. b.Includes "bodily injury" caused by one or more above, but is away for a short time on yourof the offenses described in Paragraph a.business; orabove.(3)"Personal and advertising injury" offenses3."Auto" means:that take place through the Internet or a.A land motor vehicle, trailer or semitrailer similar electronic means of communication; designed for travel on public roads, including provided the insured's responsibility to payany attached machinery or equipment; or damages is determined in a "suit" on the merits in b.Any other land vehicle that is subject to a the territory described in Paragraph a.above, or in a compulsory or financial responsibility law, or settlement we agree to. other motor vehicle insurance law, where it is 7."Electronic data" means information, facts orlicensed or principally garaged.programs stored as or on, created or used on, orHowever, "auto" does not include "mobile transmitted to or from computer software (includingequipment".systems and applications software), hard or floppy 4."Bodily injury" means:disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which area.Physical harm, including sickness or disease, used with electronically controlled equipment.sustained by a person; or b.Mental anguish, injury or illness, or emotional 8."Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a "temporary worker". physical harm, sickness or disease.9."Executive officer" means a person holding any of 5."Broadcasting" means transmitting any audio or the officer positions created by your charter,visual material for any purpose:constitution, bylaws or any other similar governing document.a.By radio or television; or CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page17 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 10."Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing; demanded or received.(2)That indemnifies an architect, engineer or 11."Hostile fire" means a fire which becomes surveyor for injury or damage arising out of: uncontrollable or breaks out from where it was (a)Preparing, approving, or failing tointended to be.prepare or approve, maps, shop 12."Impaired property" means tangible property, other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or is less useful because:and specifications; or a.It incorporates "your product" or "your work"(b)Giving directions or instructions, or that is known or thought to be defective,failing to give them, if that is the deficient, inadequate or dangerous; or primary cause of the injury or damage; orb.You have failed to fulfill the terms of a contract (3)Under which the insured, if an architect,or agreement; engineer or surveyor, assumes liability forif such property can be restored to use by the an injury or damage arising out of therepair, replacement, adjustment or removal of "your insured's rendering or failure to renderproduct" or "your work" or your fulfilling the terms of professional services, including those listedthe contract or agreement.in Paragraph (2)above and supervisory, 13."Insured contract" means:inspection, architectural or engineering activities.a.A contract for a lease of premises. However, that portion of the contract for a lease of 14."Leased worker" means a person leased to you by a premises that indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "insured contract";to the conduct of your business. "Leased worker" does not include a "temporary worker".b.A sidetrack agreement; 15."Loading or unloading" means the handling ofc.Any easement or license agreement, except in property:connection with construction or demolition operations on or within 50 feet of a railroad;a.After it is moved from the place where it is accepted for movement into or onto an aircraft,d.An obligation, as required by ordinance, to watercraft or "auto";indemnify a municipality, except in connection with work for a municipality;b.While it is in or on an aircraft, watercraft or "auto"; ore.An elevator maintenance agreement; c.While it is being moved from an aircraft,f.That part of any other contract or agreement watercraft or "auto" to the place where it ispertaining to your business (including an finally delivered;indemnification of a municipality in connection with work performed for a municipality) under but "loading or unloading" does not include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodily injury", "property device, other than a hand truck, that is not attached damage" or "personal injury" to a third person to the aircraft, watercraft or "auto". or organization. Tort liability means a liability 16."Mobile equipment" means any of the followingthat would be imposed by law in the absence of types of land vehicles, including any attachedany contract or agreement.machinery or equipment: Paragraph f.does not include that part of any a.Bulldozers, farm machinery, forklifts and othercontract or agreement:vehicles designed for use principally off public (1)That indemnifies a railroad for "bodily roads; injury" or "property damage" arising out of b.Vehicles maintained for use solely on or next toconstruction or demolition operations,premises you own or rent;within 50 feet of any railroad property and c.Vehicles that travel on crawler treads;affecting any railroad bridge or trestle, Page18 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY d.Vehicles, whether self-propelled or not,b.An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted:services" to a person, unless you are in the business or occupation of providing(1)Power cranes, shovels, loaders, diggers or professional health care services.drills; or 18."Personal and advertising injury" means "personal(2)Road construction or resurfacing equipment such as graders, scrapers or injury" or "advertising injury". rollers;19."Personal injury": e.Vehicles not described in Paragraph a.,b.,c. a.Means injury, other than "advertising injury",or d.above that are not self-propelled and are caused by one or more of the followingmaintained primarily to provide mobility to offenses:permanently attached equipment of the following types:(1)False arrest, detention or imprisonment; (1)Air compressors, pumps and generators,(2)Malicious prosecution;including spraying, welding, building cleaning, geophysical exploration, lighting (3)The wrongful eviction from, wrongful entry and well servicing equipment; or into, or invasion of the right of private occupancy of a room, dwelling or premises(2)Cherry pickers and similar devices used to that a person occupies, provided that theraise or lower workers; wrongful eviction, wrongful entry or invasionf.Vehicles not described in Paragraph a.,b.,c.of the right of private occupancy isord.above maintained primarily for purposes committed by or on behalf of the owner,other than the transportation of persons or landlord or lessor of that room, dwelling orcargo.premises;However, self-propelled vehicles with the (4)Oral or written publication, includingfollowing types of permanently attached publication by electronic means, of materialequipment are not "mobile equipment" but will that slanders or libels a person orbe considered "autos": organization or disparages a person's or(1)Equipment designed primarily for:organization's goods, products or services, (a)Snow removal;provided that the claim is made or the "suit" is brought by a person or organization that(b)Road maintenance, but not construction or resurfacing; or claims to have been slandered or libeled, or that claims to have had its goods, products(c)Street cleaning;or services disparaged; or(2)Cherry pickers and similar devices (5)Oral or written publication, includingmounted on automobile or truck chassis publication by electronic means, of materialand used to raise or lower workers; and that:(3)Air compressors, pumps and generators, including spraying, welding, building (a)Appropriates a person's name, voice, cleaning, geophysical exploration, lighting photograph or likeness; or and well servicing equipment. (b)Unreasonably places a person in aHowever, "mobile equipment" does not include any false light.land vehicle that is subject to a compulsory or b.Includes "bodily injury" caused by one or morefinancial responsibility law, or other motor vehicle insurance law, where it is licensed or principally of the offenses described in Paragraph a. garaged. Such land vehicles are considered above. "autos".20."Pollutants" mean any solid, liquid, gaseous or 17."Occurrence" means:thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals anda.An accident, including continuous or repeated waste. Waste includes materials to be recycled,exposure to substantially the same general reconditioned or reclaimed.harmfulconditions; or CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page19 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 21."Premises damage" means:contract calls for work at more than onejob site.a.With respect to the first paragraph of the exceptions in Exclusion j.of Section I –(c)When that part of the work done at a Coverage A – Bodily Injury And Property job site has been put to its intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project. b.With respect to the exception to Exclusions c.Work that may need service, maintenance,through n.in the last paragraph of Paragraph 2.correction, repair or replacement, but whichof Section I – Coverage A – Bodily Injury And is otherwise complete, will be treated asProperty Damage Liability, "property damage" to completed.any premises while rented to you for a period of b.Does not include "bodily injury" or "propertymore than seven consecutive days, or while damage" arising out of:temporarily occupied by you with permission of the owner, caused by:(1)The transportation of property, unless the injury or damage arises out of a condition in(1)Fire;or on a vehicle not owned or operated by(2)Explosion;you, and that condition was created by the (3)Lightning;"loading or unloading" of that vehicle by any insured;(4)Smoke resulting from fire, explosion or lightning; or (2)The existence of tools, uninstalled equipment or abandoned or unused(5)Water.materials; orBut "premises damage" under this Paragraph (3)Products or operations for which theb.does not include "property damage" to any classification, listed in the Declarations orpremises caused by:in a policy Schedule, states that products-(1)Rupture, bursting, or operation of pressure completed operations are subject to therelief devices;General Aggregate Limit. (2)Rupture or bursting due to expansion or 23."Property damage" means:swelling of the contents of any building or a.Physical injury to tangible property, including allstructure caused by or resulting from water;resulting loss of use of that property. All suchorloss of use will be deemed to occur at the time of (3)Explosion of steam boilers, steam pipes,the physical injury that caused it; or steam engines or steam turbines.b.Loss of use of tangible property that is not physically injured. All such loss of use will be22."Products-completed operations hazard": deemed to occur at the time of the "occurrence"a.Includes all "bodily injury" and "property that caused it.damage" occurring away from premises you For the purposes of this insurance, "electronic data"own or rent and arising out of "your product" or is not tangible property."your work" except: 24."Slogan":(1)Products that are still in your physical a.Means a phrase that others use for the purposepossession; or of attracting attention in their advertising.(2)Work that has not yet been completed or b.Does not include a phrase used as, or in, theabandoned. However, "your work" will be name of:deemed completed at the earliest of the following times:(1)Any person or organization, other than you; or(a)When all of the work called for in your contract has been completed.(2)Any business, or any of the premises, goods, products, services or work, of any(b)When all of the work to be done at the person or organization, other than you.job site has been completed if your Page20 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 25."Suit" means a civil proceeding in which damages (a)You; because of "bodily injury", "property damage" or (b)Others trading under your name; or"personal and advertising injury" to which this (c)A person or organization whoseinsurance applies are alleged. "Suit" includes:business or assets you have acquired; a.An arbitration proceeding in which such and damages are claimed and to which the insured (2)Containers (other than vehicles), materials,must submit or does submit with our consent;parts or equipment furnished in connectionorwith such goods or products. b.Any other alternative dispute resolution b.Includes:proceeding in which such damages are claimed (1)Warranties or representations made at anyand to which the insured submits with our time with respect to the fitness, quality,consent.durability, performance or use of "your 26."Temporary worker" means a person who is product"; andfurnished to you to substitute for a permanent (2)The providing of or failure to provide"employee" on leave or to meet seasonal or short-warnings or instructions.term workload conditions. c.Does not include vending machines or other27."Title" means a name of a literary or artistic work.property rented to or located for the use of 28."Unsolicited communication" means any others but not sold.communication, in any form, that the recipient of 31."Your work":such communication did not specifically request to a.Means:receive. (1)Work or operations performed by you or on29."Volunteer worker" means a person who is not your your behalf; and"employee", and who donates his or her work and acts at the direction of and within the scope of (2)Materials, parts or equipment furnished induties determined by you, and is not paid a fee,connection with such work or operations.salary or other compensation by you or anyone else b.Includes:for their work performed for you. (1)Warranties or representations made at any30."Your product":time with respect to the fitness, quality, a.Means:durability, performance or use of "your (1)Any goods or products, other than real work"; and property, manufactured, sold, handled,(2)The providing of or failure to providedistributed or disposed of by:warnings or instructions. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page21 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. -- COMMERCIAL GENERAL LIABILITY POLICY NUMBER:ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS,LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Location And Description Of Completed Operations Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II Who Is An Insured is amended to in-location designated and described in the schedule of clude as an additional insured the person(s)or or-this endorsement performed for that additional in- ganization(s)shown in the Schedule,but only with sured and included in the "products-completed opera- respect to liability for "bodily injury"or "property dam-tions hazard". age"caused,in whole or in part,by "your work"at the CG 20 37 07 04 ISO Properties,Inc.,2004 Page 1 of 1 COMMERC GENERAL L LIALIABIITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WRITTEN CONTRACTS (ARCHITECTS,ENGINEERS AND SURVEYORS) This endorsement i ies insurance pro ided under t folmodfvhelowing: COMMERC GENERAL L ITY VERA AIALIABILCOGEPRT 1.SECT II WHO ISThefolowingisaddedto plies only to such "bodily injury or "propertyl"ION AN INSURED:damage"tha fore the end o the pe-t occurs be f riod o t me f which the "writ contrac re-f i or ten tAnypersonororganizationthatyouagreeina quiring insurance"requires you to pro idev"written contrac ring "totrequiinsurance include as such coverage or the end of the pol eriod,icy panadditionainsuredonthisCoPart,l verage but: whichever is earlier. a.Only with respect to liab li f "bod y injur ",i ty or il y 2.4.a.SEC-The fol is added to Paragraph olowingf"property da "or "personal y";mage injur and T ON IV COMMERCIAL GENERAL LIABILI YIT b.I and only to the e tent that the in orf,x ,jury CONDI IONST: damage is caused by acts or omissions of The insurance prov to the additional insuredidedyouoryoursubcontractorintheperformance is excess over any va id and collec le "other in-l tibof"your work"to which the "written contract surance",whether primary e contingent or,xcess,requiring insurance"applies.The person or on any other basis,that is ava lable to the addi-iorganizationdoesnotqualiasanadditionalfy tional we cover.However finsuredforaloss,i youinsuredwithrespecttotheindependentacts specif ll agree in the "writ contract requ ingicayteniroro.missions of such person or organization insurance"that this insurance prov to the ad-ided The insurance prov additionalidedtosuch insured dit insured under this Co Part mionalverageust is l m fo lows:i ited as l apply on a pr mary basis or a pr mary and non-i i c.In the e ent that the Li i of Insurance of contributory basis,this insurance is pri y tovmtsmar this Co Part shown in the Declarations "other insurance"a i to the addit in-verage va lable ional exceed the l m ts of l li required by the sured which co or organization asiiiabityversthatperson "written contract requir insurance",the in-a named insured for such loss,and we wil notingl surance prov to the addit insured share with that "other insurance".But this insur-ided ional shall be li i li i l li requi ance pro ided to the addi ional insured stil is ex-m ted to the m ts of iabi ty red v t l by that "written contract requir insurance".cess o any v l and col ib "other insur-ing ver a id lect le This endorsement shall not increase the li its ance",whether pri e contingent or onmmary,xcess, of insurance described in Section Li its any other basis,that is a ai le to the additIIImvlabional O Insurance.f insured when that person or organization is an additiona insured under any "other insurance".ld.This insurance does not apply to the render- ing o or fa lure to render any "pro l The fol is added tofifessionalowing3.SEC ION IV C M-T O MERCIAL GEN I COND TERALLIABILTYIIONS:serv "or construction manage errorsicesment or omissions.Duties iti l IOfAnAddonansured e.This insurance does not apply to "bodi in-ly As a condition o co erage pro ided to the addi-f v v jury"or "property damage"caused by "your tional insured: work"and included in the "products- a.The additional insured must gi us writtenvecompoperationshazard"unless theleted notice as soon as practicable o an "occur-f"written contract requir insurance"specifingi- rence"or an of which may result in afensecallrequyoutoproisuchcoerageyiresvdev clai .To the ex possible,such noticemtentforthatadditandthentheinsur-ional insured, should include:ance pro ided to the addi l insured ap-v tiona CG D4 14 04 08 Page 1 o 22008TheTravelersCompanies,Inc.f COMMERC GENERAL L LIALIABIITY i.How,when and where the "occurrence"any pro ider o other insurance which wouldvf or o fense took placef;co the addit insured for a loss weverional co .However th condition does not af ectver,is fii.The names and addresses of any injured whether this insurance prov to the addi-idedpersonsandwitnesses;and tional insured is pri to that o insur-mary theriii.The nature and locat o any in orionfjury ance ava lable to the addit insured whichiionaldamagearisingoutothe"occurrence"orf co that person or organization as aversofense.f named insured. b.I a c m is made or "suit is brought againstflai" 4.DE I IONSThefoisaddedtothe Sec-llowing FIN Ttheadditionalinsured,the additional insured tion:must: "r ten contract requir insurance"means thatWitingi.I media record the speci ics of themtelyf part of any written contract or agreement underclaior"suit"recei ed;m and the date v and which you are required to inc a person or or-ludeii.Noti y us as soon as practicable.f ganization as an additional insured on this Cover- The addit insured must see to it that weional age Part,pro i that the "bodi in "andvdedlyjury recei e written notice o the cla m or "suit"asvfi "property damage"occurs and the "personal in- soon as practicable.jury"f m itted:is caused by an o fense co m c.The addit insured must i m telyionalmedia send a.A the signing and e ion o contractfterxecutfthe us copies of al legal papers recei in con-l ved or agreement by you; nection with the c i "sui ",cooperate withlamort b.W i f t or agreementhlethatpartothecontrac isusintheinigationorsettmentothevestlefinef;andfectclaiordeagainstthe"suit",and oth-m fense c.Before f li iod.the end o the po cy pererwisecomplylicyions.with al pol condit d.The addit insured must tender the de-ional fense and inde ty o any c m or "suit tomniflai" Page 2 o 2f 2008 The Travelers Companies,Inc.CG D4 14 04 08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1)Any "bodily injury", "property damage" or "personal injury" arising out of the providing,The following is added to SECTION II – WHO IS AN or failure to provide, any professionalINSURED: architectural, engineering or surveyingAny person or organization that you agree in a services, including:written contract or agreement to include as an additional insured on this Coverage Part is an (a)The preparing, approving, or failing to insured, but only:prepare or approve, maps, shop drawings, opinions, reports, surveys,a.With respect to liability for "bodily injury" or field orders or change orders, or the"property damage" that occurs, or for "personal preparing, approving, or failing toinjury" caused by an offense that is committed, prepare or approve, drawings andsubsequent to the signing of that contract or agreement and while that part of the contract or specifications; and agreement is in effect; and (b)Supervisory, inspection, architectural or b.If, and only to the extent that, such injury or engineering activities.damage is caused by acts or omissions of you or (2)Any "bodily injury" or "property damage"your subcontractor in the performance of "your caused by "your work" and included in thework" to which the written contract or agreement "products-completed operations hazard"applies. Such person or organization does not unless the written contract or agreementqualify as an additional insured with respect to the independent acts or omissions of such specifically requires you to provide such person or organization.coverage for that additional insured during the policy period.The insurance provided to such additional insured is subject to the following provisions:c.The additional insured must comply with the a.If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum (1)Give us written notice as soon as practicablelimits required by the written contract or of an "occurrence" or an offense which mayagreement, the insurance provided to the result in a claim. To the extent possible, suchadditional insured will be limited to such notice should include:minimum required limits. For the purposes of determining whether this limitation applies, the (a)How, when and where the "occurrence"minimum limits required by the written contract or or offense took place;agreement will be considered to include the (b)The names and addresses of any injuredminimum limits of any Umbrella or Excess persons and witnesses; andliability coverage required for the additional insured by that written contract or agreement.(c)The nature and location of any injury orThis provision will not increase the limits of damage arising out of the "occurrence"insurance described in Section III – Limits Of or offense.Insurance. (2)If a claim is made or "suit" is brought againstb.The insurance provided to such additional the additional insured:insured does not apply to: CG D2 46 04 19 ú 2018 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a)Immediately record the specifics of the (4)Tender the defense and indemnity of any claim or "suit" and the date received; and claim or "suit" to any provider of other insurance which would cover such additional(b)Notify us as soon as practicable and see insured for a loss we cover. However, thisto it that we receive written notice of the condition does not affect whether theclaim or "suit" as soon as practicable.insurance provided to such additional (3)Immediately send us copies of all legal insured is primary to other insurancepapers received in connection with the claim available to such additional insured whichor "suit", cooperate with us in the covers that person or organization as ainvestigation or settlement of the claim or named insured as described in Paragraph 4.,defense against the "suit", and otherwise Other Insurance, of Section IV – Commercialcomply with all policy conditions.General Liability Conditions. Page 2 of 2 ú 2018 The Travelers Indemnity Company. All rights reserved.CG D2 46 04 19 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF USE – INCREASED LIMITB. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE – TRANSPORTATIONC. EMPLOYEE HIRED AUTO EXPENSES – INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL EFFECTS K. AIRBAGSE. SUPPLEMENTARY PAYMENTS – INCREASED LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSSF. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE – GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED as an additional insured for Liability Coverage, but only for damages to which this insuranceThe following is added to Paragraph A.1., Who Is applies and only to the extent of that person's orAn Insured, of SECTION II – LIABILITY organization's liability for the conduct of anotherCOVERAGE:"insured".Any organization you newly acquire or form C. EMPLOYEE HIRED AUTOduring the policy period over which you maintain 50% or more ownership interest and that is not 1. The following is added to Paragraph A.1., separately insured for Business Auto Coverage.Who Is An Insured, of SECTION II – Coverage under this provision is afforded only LIABILITY COVERAGE: until the 180th day after you acquire or form the An "employee" of yours is an "insured" whileorganization or the end of the policy period,operating an "auto" hired or rented under awhichever is earlier.contract or agreement in that "employee's"B. BLANKET ADDITIONAL INSURED name, with your permission, while performing The following is added to Paragraph c. in A.1., duties related to the conduct of your Who Is An Insured, of SECTION II – LIABILITY business. COVERAGE:2. The following replaces Paragraph b. in B.5., This includes any person or organization who you Other Insurance, of SECTION IV – are required under a written contract or BUSINESS AUTO CONDITIONS: agreement between you and that person or b. For Hired Auto Physical Damageorganization, that is signed by you before the Coverage, the following are deemed to be"bodily injury" or "property damage" occurs and covered "autos" you own:that is in effect during the policy period, to name CA T3 53 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, liability company) or members of their rent or borrow; and households. (2) Any covered "auto" hired or rented by (1) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: conduct of your business.(a) You must arrange to defend the However, any "auto" that is leased, hired,"insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto".keep us advised of all proceedings and actions.D. EMPLOYEES AS INSURED (b) Neither you nor any other involvedThe following is added to Paragraph A.1., Who Is "insured" will make any settlementAn Insured, of SECTION II – LIABILITY without our consent.COVERAGE: (c) We may, at our discretion, participateAny "employee" of yours is an "insured" while in defending the "insured" against, orusing a covered "auto" you don't own, hire or in the settlement of, any claim orborrow in your business or your personal affairs. "suit".E. SUPPLEMENTARY PAYMENTS – INCREASED (d) We will reimburse the "insured":LIMITS (i) For sums that the "insured"1. The following replaces Paragraph A.2.a.(2), legally must pay as damagesofSECTION II – LIABILITY COVERAGE: because of "bodily injury" or(2) Up to $3,000 for cost of bail bonds "property damage" to which this(including bonds for related traffic law insurance applies, that theviolations) required because of an "insured" pays with our consent,"accident" we cover. We do not have to but only up to the limit describedfurnish these bonds.in Paragraph C., Limit Of Insurance, of SECTION II –2. The following replaces Paragraph A.2.a.(4), LIABILITY COVERAGE;of SECTION II – LIABILITY COVERAGE: (ii) For the reasonable expenses(4) All reasonable expenses incurred by the "insured" at our request, including actual incurred with our consent for your loss of earnings up to $500 a day investigation of such claims and because of time off from work.your defense of the "insured" F. HIRED AUTO – LIMITED WORLDWIDE against any such "suit", but only COVERAGE – INDEMNITY BASIS up to and included within the limit described in Paragraph C., LimitThe following replaces Subparagraph e. in Of Insurance, of SECTION II –Paragraph B.7., Policy Term, Coverage LIABILITY COVERAGE, and notTerritory, of SECTION IV – BUSINESS AUTO CONDITIONS: in addition to such limit. Our duty to make such payments endse. Anywhere in the world, except any country or when we have used up thejurisdiction while any trade sanction, applicable limit of insurance inembargo, or similar regulation imposed by the payments for damages,United States of America applies to and settlements or defense expenses.prohibits the transaction of business with or within such country or jurisdiction, for Liability (2) This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. "auto" you lease, hire, rent or borrow from (3) This insurance is not a substitute forany of your "employees", partners (if you are required or compulsory insurance in anya partnership), members (if you are a limited country outside the United States, its Page 2 of 4 ú 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO territories and possessions, Puerto Rico Personal Effects and Canada.We will pay up to $400 for "loss" to wearing You agree to maintain all required or apparel and other personal effects which are: compulsory insurance in any such (1)Owned by an "insured"; andcountry up to the minimum limits required (2)In or on your covered "auto".by local law. Your failure to comply with compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered "auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effectssame extent we would have been liable coverage.had you complied with the compulsory K. AIRBAGSinsurance requirements. (4)It is understood that we are not an The following is added to Paragraph B.3., admitted or authorized insurer outside the Exclusions, of SECTION III – PHYSICAL United States of America, its territories DAMAGE COVERAGE: and possessions, Puerto Rico and Exclusion 3.a. does not apply to "loss" to one orCanada. We assume no responsibility for more airbags in a covered "auto" you own thatthe furnishing of certificates of insurance,inflate due to a cause other than a cause of "loss"or for compliance in any way with the set forth in Paragraphs A.1.b.and A.1.c., butlaws of other countries relating to only:insurance. a.If that "auto" is a covered "auto" forG. WAIVER OF DEDUCTIBLE – GLASS Comprehensive Coverage under this policy; The following is added to Paragraph D.,b.The airbags are not covered under anyDeductible, of SECTION III – PHYSICAL warranty; andDAMAGE COVERAGE: c.The airbags were not intentionally inflated.No deductible for a covered "auto" will apply to We will pay up to a maximum of $1,000 for anyglass damage if the glass is repaired rather than one "loss".replaced. L. NOTICE AND KNOWLEDGE OF ACCIDENT ORH. HIRED AUTO PHYSICAL DAMAGE – LOSS OF LOSSUSE – INCREASED LIMIT The following is added to Paragraph A.2.a., ofThe following replaces the last sentence of SECTION IV – BUSINESS AUTO CONDITIONS:Paragraph A.4.b.,Loss Of Use Expenses, of SECTION III – PHYSICAL DAMAGE Your duty to give us or our authorized COVERAGE:representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" isHowever, the most we will pay for any expenses known to:for loss of use is $65 per day, to a maximum of $750 for any one "accident".(a)You (if you are an individual); I. PHYSICAL DAMAGE – TRANSPORTATION (b)A partner (if you are a partnership); EXPENSES – INCREASED LIMIT (c)A member (if you are a limited liability The following replaces the first sentence in company); Paragraph A.4.a.,Transportation Expenses, of (d)An executive officer, director or insuranceSECTION III – PHYSICAL DAMAGE manager (if you are a corporation or otherCOVERAGE:organization); or We will pay up to $50 per day to a maximum of (e)Any "employee" authorized by you to give$1,500 for temporary transportation expense notice of the "accident" or "loss".incurred by you because of the total theft of a M. BLANKET WAIVER OF SUBROGATIONcovered "auto" of the private passenger type. The following replaces Paragraph A.5., TransferJ. PERSONAL EFFECTS Of Rights Of Recovery Against Others To Us,The following is added to Paragraph A.4.,of SECTION IV – BUSINESS AUTOCoverage Extensions, of SECTION III –CONDITIONS:PHYSICAL DAMAGE COVERAGE: CA T3 53 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against N. UNINTENTIONAL ERRORS OR OMISSIONS Others To Us The following is added to Paragraph B.2., We waive any right of recovery we may have Concealment, Misrepresentation, Or Fraud, of against any person or organization to the SECTION IV – BUSINESS AUTO CONDITIONS: extent required of you by a written contract The unintentional omission of, or unintentionalsigned and executed prior to any "accident"error in, any information given by you shall notor "loss", provided that the "accident" or "loss"prejudice your rights under this insurance.arises out of operations contemplated by However this provision does not affect our right tosuch contract. The waiver applies only to the collect additional premium or exercise our right ofperson or organization designated in such cancellation or non-renewal.contract. Page 4 of 4 ú 2016 The Travelers Indemnity Company. All rights reserved.CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2.The following is added to Paragraph B.5.,Other Insurance of SECTION IV – BUSINESS AUTO1.The following is added to Paragraph A.1.c., Who CONDITIONS:Is An Insured, of SECTION Il – LIABILITY COVERAGE:Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, thisThis includes any person or organization who you insurance is primary to and non-contributory withare required under a written contract or applicable other insurance under which anagreement between you and that person or additional insured person or organization is theorganization, that is signed by you before the first named insured when the written contract or"bodily injury" or "property damage" occurs and agreement between you and that person orthat is in effect during the policy period, to name organization, that is signed by you before theas an additional insured for Liability Coverage,"bodily injury" or "property damage" occurs andbut only for damages to which this insurance that is in effect during the policy period, requiresapplies and only to the extent of that person's or this insurance to be primary and non-contributory.organization's liability for the conduct of another "insured". CA T4 74 08 17 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 04 ( B) POLICY NUMBER: TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver1. Name of person or organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy No.Endorsement Effective Endorsement No. Premium Insured Insurance Company Countersigned by ____________________________________ DATE OF ISSUE:ST ASSIGN:Page 1 of 1 ú Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. -- WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No.Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE:ST ASSIGN:Page 1 of 1 -- WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: DATE OF ISSUE:ST ASSIGN: Signature: Email: Signature: Email: Signature: Email: Will Moore (Sep 1, 2022 15:08 PDT) Will Moore wmoore@kentwa.gov rlashley@kentwa.gov Melissa McCormick (Sep 6, 2022 07:36 PDT) Melissa McCormick cityclerk@kentwa.gov FAC- Coffman Engineers Final Audit Report 2022-09-06 Created:2022-09-01 By:Leah Bryant (lbryant@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAhyI4FgG0NgqqTdhGQatDzjVNhcxxR8JB "FAC- Coffman Engineers" History Document created by Leah Bryant (lbryant@kentwa.gov) 2022-09-01 - 9:59:33 PM GMT Document emailed to wmoore@kentwa.gov for signature 2022-09-01 - 10:02:28 PM GMT Email viewed by wmoore@kentwa.gov 2022-09-01 - 10:07:43 PM GMT Signer wmoore@kentwa.gov entered name at signing as Will Moore 2022-09-01 - 10:08:46 PM GMT Document e-signed by Will Moore (wmoore@kentwa.gov) Signature Date: 2022-09-01 - 10:08:48 PM GMT - Time Source: server Document emailed to kyle.johnson@coffman.com for signature 2022-09-01 - 10:08:50 PM GMT Email viewed by kyle.johnson@coffman.com 2022-09-01 - 10:17:30 PM GMT Signer kyle.johnson@coffman.com entered name at signing as Kyle Johnson 2022-09-01 - 10:18:20 PM GMT Document e-signed by Kyle Johnson (kyle.johnson@coffman.com) Signature Date: 2022-09-01 - 10:18:22 PM GMT - Time Source: server Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-09-01 - 10:18:25 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-09-01 - 11:24:32 PM GMT Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-09-01 - 11:27:19 PM GMT - Time Source: server Document emailed to bjlevenhagen@kentwa.gov for signature 2022-09-01 - 11:27:21 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2022-09-02 - 2:56:17 PM GMT Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2022-09-02 - 2:56:50 PM GMT Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-09-02 - 2:56:52 PM GMT - Time Source: server Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-09-02 - 2:56:54 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-09-04 - 5:12:33 PM GMT Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-09-04 - 6:05:14 PM GMT - Time Source: server Document emailed to cityclerk@kentwa.gov for signature 2022-09-04 - 6:05:16 PM GMT Email viewed by cityclerk@kentwa.gov 2022-09-06 - 2:34:21 PM GMT Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2022-09-06 - 2:36:53 PM GMT Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-09-06 - 2:36:55 PM GMT - Time Source: server Agreement completed. 2022-09-06 - 2:36:55 PM GMT