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CAG2023-381 - Original - Sea-Tac Electric, Inc. - Kent Memorial Park Lighting Repair - 06/28/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: �L KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover BL (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: 0 05/26/2023 As soon as possible Q Authorized to Sign: Date of Council Approval: QMayor or Designee NA Budget Account Number: Grant? Yes NOW] P21082.64190.5340 852 W Budget?W]Yes No Type: N/A Vendor Name: Category: Sea-Tac electric, Inc. Contract Vendor Number: Sub-Category: JIM C 1378446 Original w Project Name: Lighting Repair at Kent Memorial Park OProject Detai$EhIdor to suppply and install lights at Kent Memorial Park as outlined in = bit A. C (11.111 Basis for Selection of Contractor: Agreement Amount $24,711.95 Other E *Memo to Mayor must be attached i Start Date: As soon as possible Termination Date: August 31 st, 2023 Im Q Local Business?W]Yes No*lfmeets requirements per KCC 3.70.7 00,please complete'Vendor Purchase-Local Exceptions"form on Cilyspace. Business License Verification: W1 Yes In-Process Exempt(KCC 5.01.045) W]Authorized Signer Verified Notice required prior to disclosure? Contract Number-_,.WE,_ � Yes W1No CAG2023-381 Comments: H N i 3 a-+ C C p1 , V1 � �- Date Received:City Attorney: 6/16/23 Date Routed:Mayor's Office City Clerk's Office adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WASHINGTON PUBLIC WORKS AGREEMENT between City of Kent and Sea-Tac Electric, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sea-Tac Electric, Inc. organized under the laws of the State of Washington, located and doing business at 7056 South 2201h Street, Kent, WA 98032-1910, Contact: Tom Jordan; Phone: (253)872-5553 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Vendor to supply and install 2 light lamps including testing and labeling all electrical as outlined in Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by August 31, 2023. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed TWENTY FOUR THOUSAND SEVEN HUNDRED ELEVEN DOLLARS AND NINETY FIVE CENTS ($24,711.95), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor 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 Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 1 (Over$20K and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaae. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 Contractor 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 Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor 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 Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$20K and No Performance Bond) D. The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time PUBLIC WORKS AGREEMENT - 3 (Over$20K and No Performance Bond) specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. 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 Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor 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 Contractor 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 Contractor 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 Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY PUBLIC WORKS AGREEMENT - 4 (Over$20K and No Performance Bond) THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor PUBLIC WORKS AGREEMENT - 5 (Over$20K and No Performance Bond) shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The Contractor 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 Contractor'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 Contractor'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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 Contractor 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 Contractor's part, then the Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor 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. XVI. 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 recycled 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 by filing suit exclusively under the venue, rules PUBLIC WORKS AGREEMENT - 6 (Over$20K and No Performance Bond) and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII 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 sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. 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 Contractor. 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 Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor'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 Contractor 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 Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor 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, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and 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 PUBLIC WORKS AGREEMENT - 7 (Over$20K and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: By: Print Name: Tom Jordan Print Name: Dana Ralph Its President Its Mayor DATE: Jun 14,2023 DATE: 06/28/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Tom Jordan Ken Cooper Sea-Tac Electric, Inc. City of Kent 7056 South 220th Street 220 Fourth Avenue South Kent, WA 98032-1910 Kent, WA 98032 (253)872-5553 (telephone) (253) 856-5128 (telephone) Contracts@seatacelectric.com (email) KCooper@kentwa.gov (email) APPROVED AS TO FORM: law" V— Kent Law Department ATTEST: 6� Kent City Clerk PUBLIC WORKS AGREEMENT - 8 (Over$20K and No Performance Bond) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: PUBLIC WORKS AGREEMENT - 9 (Over$20K and No Performance Bond) A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including PUBLIC WORKS AGREEMENT - 10 (Over$20K and No Performance Bond) sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; PUBLIC WORKS AGREEMENT - 11 (Over$20K and No Performance Bond) xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. roYm 9ordm7 By: Tom Jordan!Jun 14,2023 10 57 PDT, For: Sea-Tac Electric, Inc. Title: President Date: Jun 14, 2023 PUBLIC WORKS AGREEMENT - 12 (Over$20K and No Performance Bond) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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. PUBLIC WORKS AGREEMENT - 13 (Over$20K and No Performance Bond) BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (05/12/2023), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Sea-Tac Electric, Inc. By: TomJ-1-a J u n 142'J2,lose PDT, Signature of Authorized Official* Printed Name: Tom Jordan Title: President Date: Jun 14,2023 City and State: Kent,Washington *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. PUBLIC WORKS AGREEMENT - 14 (Over$20K and No Performance Bond) /4SfirwwA TA C Exhibit A * ELECTRIC Date: May 4th, 2023 Customer Name/Company Name: (ken cooper) City of Kent Job Name: Lighting repair Job Address: 805 Central Ave N Kent WA After reviewing the scope of work, I would like to submit the following proposal: 1. Supply and install up to (37) MH 1000 U BT56 Lamps 2. Supply and install up to (46) C 1000 HPS-S52 Lamps 3. Provide 3/4"plywood for grassy area with lift use 4. Dispose and recycle of all old Lamps 5. No lighting Ballasts are included in this proposal, if they are needed, we will need to address with a change order 6. Provide 125' boom lift for lamp install 7. All work will be performed under Prevailing Wage labor hours 8. All work to be complete during normal business hours 9. Test and label all electrical when complete 10. Supply city permit Materials: $6,210.00 Labor PW: $10,135.00 Lift: $6000.00 Permit: $100.00 Quote excludes sales tax: $22,445.00 This quote will exclude any work to correct existing electrical service problems, utility company charges, and any work not listed above. Please feel free to contact me with any questions on this project. Pricing is firm for 30 days. Yancy Schnell WASHINGTON 1 7056 South 220th St I Kent,WA 98032 1 253-872-5553 www.seatacelectric.com /4S firmwA TA C * RfCTVC Senior Foremen, Assistant Manager Sea-Tac Electric, Inc. Phone: 253-872-5553 Mobile: 253-255-1977 WASHINGTON 1 7056 South 220th St I Kent,WA 98032 1 253-872-5553 www.seatacelectric.com Exhibit _B_ Insurance Requirements Insurance The Contractor 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 Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. Automobile Liability insurance providing bodily injury and property damage liability coverage for all owned, non-owned, hired, and leased vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $2,000,000 per claim and $3,000,000 policy aggregate limit. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the City, sent via certified mail, return receipt requested. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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 Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. SEATACE-02 RWILSON1 ACORD CERTIFICATE OF LIABILITY INSURANCE FDATD/YYYY) 5UM/2/15/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rebecca Wilson NAME: PLC Insurance Services PHONE FAX 19401 40th Ave W,Suite 440 (A/C,No,Et):(425)678-1221 (A/C,No): Lynnwood,WA 98036 ADDRIESS:rbecca@plcins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 25658 INSURED INSURER B:Travelers Property&Casualty Insurance Co Of America 25674 Sea Tac Electric,Inc. INSURER C:Gemini Insurance Company 7056 S.220th St INSURER D: Kent,WA 98032 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN SD WVD M DD M DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X Frl OCCUR CO-9P117197 1/1/2023 1/1/2024 DAMAGE TO RENTED 300,000 X PREMISES Ea occurrence $ X Stop Gap Emplrs Liab MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jECOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP 19000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 810-9P124625 1/1/2023 1/1/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X AUTOS ONLY X AUUTOS ONLDY Parr akdent AMAGE $ X Comp Ded$1000 X Coll Ded$1000 B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LWB CLAIMS-MADE X CUP-9P152151 1/1/2023 1/1/2024 AGGREGATE $ 5,000,000 DIED X RETENTION$ 10,000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ERH ANY PROPRIETOR/PARTNER/EXECU I IVE ❑ E.L.EACH ACCIDENT $ FFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT C Professional Liabili HPM-DP-00103-09 1/1/2023 1/1/2024 OCc: 2,000,000 C Professional Liab HPM-DP-00103-09 1/1/2023 1/1/2024 Agg: 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES SACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is Additional Insured per attached Torms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE \ 9/C ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4 STATE OF WASHINGTON Bepartment of Labor&Ihdustrles Ciertlflicate of Workers' Compensation Coverage March 28,2023 WAUBI No. 601 510212 L&I Account ID 536,103-01 Legal Business Name SEATAC ELECTRIC INC Doing Business As SEATAC ELECTRIC INC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2022"Greater than 100 Workers" (See Description Below) Account Representative Employer Services Help Line,(360)902-4817 Licensed Contractor? Yes License No. SEATAEI077RW License Expiration 12/17/2023 Mat dues"€stlmated Workers Repurted"mean% Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter.A single 480 hour position may be filled by one person,or several part time workers. Irrdustilxl In3urante Infunnatim Employers report and pay premiums each quarter based on hours of employee work already performed,and are liable for premiums found later to be due. Ihdustrlal Insurance accounts have no pulltf perlods,cancellation dates, Ilmltatluns of coverage or walTier of subrogatlun(See RCW 51.12.050 and 51.16.190). Policy Number: C0-9P117197 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 The following is added to SECTION II—WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveying written contract or agreement to include as an services, including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury' caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and 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 your subcontractor in the performance of "your (2) Any "bodily injury' or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. 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 limits required by the written contras or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim. To the extent possible, such minimum required limits. For the purposes of notice should include: 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 minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of insurance described in Section III — Limits Of damage arising out of the "occurrence" Insurance. or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 0419 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Policy Number: C0-9P117197 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 (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit"as soon as practicable. condition does not affect whether the insurance provided to such additional (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit', cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit', and otherwise Other Insurance, of Section IV—Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 0419 Policy Number:810-9P124625 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 modi- fied 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 Park, 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 cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement 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 LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION 11 — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. 11 Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ; ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION 11 — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: ? The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a 1 COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and Hess. that person or organization, that is signed and E CA T3 53 02 12 O 2010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. i I Policy Number:810-9P124625 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- auto you lease, hire, rent or borrow from ered "autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow; and holds (2) Any covered "auto" hired or rented by (a) 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 perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the "in- However, any "auto" that is leased, hired, sured" against, and investigate or set- rented or borrowed with a driver is not a tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION 11 — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (lii) We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (iv) We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of insurance, of SEC- these bonds. TION li—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION li—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para- j graph C., Limit Of Insurance, of ERAGE—INDEMNITY BASIS SECTION II — LIABILITY COVER- i The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO COND1- ends when we have used up the ap- i TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or expenses. ' jurisdiction while any trade sanction, em- defense ex p � bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or i } Page 2 of 4 ©2010 The Travelers Indemnity Company CA T3 53 02 12 Includes copyrighted material of Insurance Services Office,Inc.with its permission. i Policy Number:810-9P124625 COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an "insured"; and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION Ill — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that in- ada. We assume no responsibility for the flate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance. only. G. WAIVER OF DEDUCTIBLE—GLASS a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; The following is added to Paragraph D., De- b. The airbags are not covered under any war- COVERAGE:ductible, of SECTION III— PHYSICAL DAMAGE ranty; and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one "loss". H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one"accident'. to: 1. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph AA.a., Transportation Expenses, of pany); SECTION Ili — PHYSICAL DAMAGE COVERA- (d) An executive officer, director or insurance GE: manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any"employee" authorized by you to give no- ! curred by you because of the total theft of a cov- tice of the"accident"or"loss". ered "auto"of the private passenger type. i `s i i f 1 CA T3 53 02 12 ©2010 The Travelers Indemnity Company Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. i I i Policy Number:810-9P124625 COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the "accident"or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. i i i i i i i i I i 1 i 1 i i t i t i t F i i } }S� i Page 4 of 4 OO 2010 The Travelers indemnity Company CA T3 53 02 12 Includes copyrighted material of Insurance Services Office, Inc.with its permission. i i i i i i Policy Number: C0-9P117197 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: CO-9P117197 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS OVERHEAD LIABILITY This modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE LIST OF STATES Washington LIMITS OF INSURANCE BODILY INJURY BY ACCIDENT 1,000,000 EACH ACCIDENT BODILY INJURY BY DISEASE 1,000,000 AGGREGATE BODILY INJURY BY DISEASE 1,000,000 EACH EMPLOYEE None of the terms of the Coverage Part to which this ployment. The "employee's" last day of last endorsement is attached apply to the insurance exposure to the conditions causing or aggra- provided by this endorsement, except for the COM- vating such "bodily injury" by disease must MON POLICY CONDITIONS and Section IV — COM- occur during the endorsement period. MERCIAL GENERAL LIABILITY CONDITIONS. f. If you are sued, the original "suit" and any re- SECTION I—COVERAGE lated legal actions for damages for "bodily in- 1. Insuring Agreement jury" by accident or disease must be brought in the United States of America, its territories This insurance applies to "bodily injury" by acci- or possessions, or Canada. dent or "bodily injury" by disease to your "em- ployees". "Bodily injury" includes resulting death. 2. We Will Pay a. The "bodily injury" must arise out of and in the We will pay all sums you legally must pay as course of the injured "employee's" employ- damages because of "bodily injury" to your "em- ment by you. ployees", provided the "bodily injury" is covered by this insurance. No other obligation or liability to b. The employment must be necessary or inci- pay sums or perform acts or services is covered dental to your work in the state(s) listed in the unless explicitly provided for under Paragraph 5. Schedule above. Supplementary Payments of this COVERAGE c. You must maintain for the "employee" full Section. Workers Compensation Insurance coverage The damages we will pay, where recovery is in the Workers Compensation State Fund of permitted by law, include damages: the state(s) listed in the Schedule above dur- ing the term of this insurance or shall be a a. for which you are liable to a third party by qualified self insurer approved by the State reason of a claim or"suit" against you by that Workers Compensation Commission and in third party to recover the damages claimed good standing. against such third party as a result of injury to Your"employee'; d. "Bodily injury" by accident must occur during the endorsement period. b. for care and loss of services; and e. "Bodily injury" by disease must be caused or c. for consequential "bodily injury" to a spouse, aggravated by the conditions of your em- child, parent, brother or sister of the injured "employee"; GN 01 13 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 4 Policy Number: C0-9P117197 COMMERCIAL GENERAL LIABILITY provided that these damages are the direct con- f. Any damages for "bodily injury" with respect sequence of "bodily injury" that arises out of and to which the insured is deprived of any de- in the course of the injured "employee's" employ- fense or defenses; ment by you; and g. "Bodily injury" occurring outside the United d. because of "bodily injury" to your "employee" States of America, its territories or posses- that arises out of and in the course of em- sions, and Canada. This exclusion does not ployment, claimed against you in a capacity apply to "bodily injury" to a citizen or resident other than as an employer. of the United States of America or Canada 3. We Will Defend who is temporarily outside these countries; We have the right and duty to defend you, at our h. Damages arising out of coercion, criticism, expense, against any claim, proceeding or "suit" demotion, evaluation, reassignment, disci- seeking damages payable by this insurance. We pline, defamation, harassment, humiliation, have the right to investigate any "bodily injury" discrimination against or termination of any and settle these claims, proceedings and "suits". "employee", or any personnel practices, poli- The amount we will pay for damages is limited as cies, acts or omissions; described in LIMITS OF INSURANCE (Section i. "Bodily injury" to any person in work subject III). to the Longshore and Harbor Workers' Com- pensation Act (33 USC Sections 901-950), We have no duty to defend you against a claim, the Nona ro riated Fund Instrumentalities proceeding or"suit" that is not covered by this in- pp p Act (5 USC Sections 8171-8173), the Outer surance. We have no duty to defend or continue Continental Shelf Lands Act (43 USC Sec- defending you after we have paid our applicable tions 1331-1356), the Defense Base Act (42 limit of liability under this insurance. USC Sections 1651-1654), the Federal Coal 4. Exclusions Mine Health and Safety Act of 1969 (30 USC This insurance does not apply to: Sections 901-942), any other federal workers or workmen's compensation law or other fed- a. Liability assumed under a contract or agree- ment. This exclusion does not apply to a war- amendments to these laws; ranty that your work will be done in a work- manlike manner; j. "Bodily injury" to any person in work subject b. Punitive or exemplary damages because of to the Federal Employers' Liability Act (45 USC Sections 51-60), any other federal laws "bodily injury" to an "employee" employed in obligating an employer to pay damages to an violation of law; "employee" due to "bodily injury" arising out c. "Bodily injury" to an "employee" while em- of or in the course of employment, or any ployed in violation of law with your actual amendments to those laws; knowledge or the actual knowledge of any of k. "Bodily injury" to a master or member of the your partners (if you are a partnership), your crew of any vessel; "executive officers" (if you are an organization other than a partnership, joint venture or lim- I. Fines or penalties imposed for violation of ited liability company), your members or federal or state law; managers (if you are a joint venture or limited m. Damages payable under the Migrant and liability company) or your trustees (if you are Seasonal Agricultural Worker Protection Act a trust); (29 USC Sections 1801-1872) and under any d. Any obligation imposed by a Workers Com- other federal law awarding damages for viola- pensation, occupational disease, unemploy- tion of those laws or regulations issued there- ment compensation, or disability benefits law, under, and any amendments to those laws. or any similar law; 5. Supplementary Payments e. "Bodily injury" intentionally caused or aggra- We will pay with respect to any claim we investi- vated by you; gate or settle, or any "suit" against an insured we defend: Page 2 of 4 Copyright, The Travelers Indemnity Company, 2003 GN 01 13 11 03 Policy Number: C0-9P117197 COMMERCIAL GENERAL LIABILITY a. Reasonable expenses incurred at our re- b. Coverage does not apply to "bodily injury" quest, but not loss of earnings; that occurred before you acquired or formed b. Premiums for bonds to release attachments the organization. and for appeal bonds in bond amounts up to No person or organization is an insured with the limit of our liability under this insurance; respect to the conduct of any current or past part- c. Litigation costs taxed against you; nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- d. Interest on a judgment as required by law un- larations of the Coverage Part to which this en- til we offer the amount due under this insur- dorsement is attached. ance; and SECTION III —LIMITS OF INSURANCE e. Expenses we incur. 1. The Limits of Insurance shown in the Schedule These payments will not reduce the Limits of above and the following rules fix the most we will Insurance. pay regardless of the number of: SECTION II—WHO IS AN INSURED a. Insureds; 1. If you are designated in the Declarations of the b. Claims made or"suits" brought; or Coverage Part to which this endorsement is at- tached as: c. Persons or organizations making claims or a. An individual, you and your spouse are insur- bringing "suits". eds, but only with respect to the conduct of a 2. The Bodily Injury by Accident — Each Accident business of which you are the sole owner. limit is the most we will pay for all damages be- b. A partnership or joint venture, you are an in- cause of "bodily injury" to one or more "employ- sured. • �� ees In any one accident. A disease is not bodily sured. Your members, your partners, and injury" by accident unless it results directly from their spouses are also insureds, but only with "bodily injury" by accident. respect to the conduct of your business. 3. The Bodily Injury by Disease — Aggregate limit is c. A limited liability company, you are an in- the most we will pay for all damages because of sured. Your members are also insureds, but "bodily injury" by disease, regardless of the num- only with respect to the conduct of your busi- ber of "employees" who sustain "bodily injury" by ness. Your managers are insureds, but only disease; with respect to their duties as your managers. 4. The Bodily Injury by Disease — Each Employee d. An organization other than a partnership or limit is the most we will pay for all damages be- joint venture or limited liability company, you cause of "bodily injury" by disease to any one are an insured. Your "executive officers" and "employee", subject to 3. above. directors are insureds, but only with respect to their duties as your officers or directors. Under parts 3. and 4. above, "bodily injury" by dis- Your stockholders are also insureds, but only ease does not include disease that results directly with respect to their liability as stockholders. from "bodily injury" by accident. e. A trust, you are an insured. Your trustees are The limits of this insurance apply separately to each also insureds, but only with respect to their consecutive annual period and to any remaining duties as trustees. period of less than 12 months, starting with the begin- ning of the endorsement period, unless the endorse- 2. Any organization you newly acquire or form, other ment period is extended after issuance for an addi- than a partnership, joint venture or limited liability tional period of less than 12 months. In that case, the company, and over which you maintain ownership additional period will be deemed part of the last or majority interest, will qualify as a Named In- preceding period for purposes of determining the sured if there is no other similar insurance avail- Limits of Insurance. able to that organization. However: SECTION IV—DEFINITIONS a. Coverage under this provision is afforded only until the 90th day after you acquire or form 1. "Bodily Injury" means bodily injury, sickness or the organization, or the end of the endorse- disease sustained by a person, including death ment period,whichever is earlier; resulting from any of these at any time. GN 01 13 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 4 Policy Number: C0-9P117197 COMMERCIAL GENERAL LIABILITY 2. "Employee" includes a "leased worker". "Em- a. An arbitration proceeding in which such dam- ployee" does not include a "temporary worker". ages are claimed and to which you must 3. "Executive officer" means a person holding any of submit or do submit with our consent; or the officer positions created by your charter, con- b. Any other alternative dispute resolution pro- stitution, by-laws or any other similar governing ceeding in which such damages are claimed document. and to which you submit with our consent. 4. "Leased worker" means a person leased to you 6. "Temporary worker" means a person who is by a labor leasing firm under an agreement be- furnished to you to substitute for a permanent tween you and the labor leasing firm, to perform "employee" on leave or to meet seasonal or short- duties related to the conduct of your business. term workload conditions. "Leased worker" does not include a "temporary 7. "Workers Compensation Laws" means the work- worker". ers or workmen's compensation law and occupa- 5. "Suit" means a civil proceeding in which damages tional disease law of each state or territory. It in- because of "bodily injury" to which this insurance cludes any amendments to that law which are in applies are alleged. "Suit" includes: effect during the endorsement period. It does not include the provisions of any law that provides non-occupational disability benefits. Page 4 of 4 Copyright, The Travelers Indemnity Company, 2003 GN 01 13 11 03 Policy Number: CUP-9P152151 UMBRELLA EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words"we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II — WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI — DEFINITIONS. SECTION I—COVERAGES provisions to the contrary contained in this A. COVERAGE A — EXCESS FOLLOW-FORM insurance. LIABILITY 3. The amount we will pay for damages is limitec as described in SECTION III — LIMITS OF 1. We will pay on behalf of the insured those INSURANCE. sums, in excess of the "applicable underlying 4. For the purposes of Paragraph 1. above: limit", that the insured becomes legally obligated to pay as damages to which a. The applicable limit of insurance stated Coverage A of this insurance applies, provided for the policies of "underlying insurance" that the "underlying insurance" would apply tc in the Schedule Of Underlying Insurance such damages but for the exhaustion of its will be considered to be reduced or applicable limits of insurance. If a sublimit is exhausted only by the following specified in any "underlying insurance", payments: Coverage A of this insurance applies to (1) Payments of judgments or damages that are in excess of that sublimit only settlements for damages that are if such sublimit is shown for that "underlying covered by that "underlying insurance" in the Schedule Of Underlying insurance". However, if such Insurance. "underlying insurance" has a policy period which differs from the policy 2. Coverage A of this insurance is subject to the period of this Excess Follow-Form same terms, conditions, agreements, And Umbrella Liability Insurance, any exclusions and definitions as the "underlying such payments for damages that insurance", except with respect to any would not be covered by this Excess Follow-Form And Umbrella Liability EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 22 Policy Number: CUP-9P152151 UMBRELLA Insurance because of its different policy date provision, the retroactive date foi period will not reduce or exhaust the Coverage A of this insurance is the same as applicable limit of insurance stated foi the retroactive date of that "underlyinc such "underlying insurance"; insurance". (2) Payments of "medical expenses" that B. COVERAGE B—UMBRELLA LIABILITY are covered by that "underlying 1. We will pay on behalf of the insured those insurance" and are incurred for "bodily sums in excess of the I injury" caused by an accident that takes that the insured becomesbecomes legally obligated to place during the policy period of this pay as damages because of "bodily injury", Excess Follow-Form And Umbrella "property damage", "personal injury" or Liability Insurance; or "advertising injury" to which Coverage B of (3) Payments of defense expenses that this insurance applies. are covered by that "underlying 2. Coverage B of this insurance applies to insurance", only if such "underlying "bodily injury"or"property damage"only if: insurance" includes such payments within the limits of insurance. However, a. The "bodily injury" or "property damage" is if such "underlying insurance" has a caused by an "occurrence" that takes policy period which differs from the place anywhere in the world; policy period of this Excess Follow- b. The "bodily injury" or "property damage' Form And Umbrella Liability Insurance, occurs during the policy period; and any such payments for defense c. Prior to the policy period, no insured listec expenses that would not be covered by under Paragraph 1. in Paragraph B., this Excess Follow-Form And Umbrelle COVERAGE B — UMBRELLA Liability Insurance because of its LIABILITY, of SECTION II — WHO IS AN different policy period will not reduce or INSURED and no "employee" authorizec exhaust the applicable limit of by you to give or receive notice of ar insurance stated for such "underlying "occurrence" or claim, knew that the insurance". "bodily injury" or "property damage" hac If the applicable limit of insurance stated foi occurred, in whole or in part. If such e the policies of "underlying insurance" in the listed insured or authorized "employee' Schedule Of Underlying Insurance is knew, prior to the policy period, that the actually reduced or exhausted by other "bodily injury" or "property damage' payments, Coverage A of this insurance is occurred, in whole or in part, then any not invalidated. However, in the event of a continuation, change or resumption of loss, we will pay only to the extent that we such "bodily injury" or "property damage' would have paid had such limil not been during or after the policy period will be actually reduced or exhaustec by such deemed to have been known prior to the other payments. policy period. b. If any "underlying insurance" has a limit of 3. Coverage B of this insurance applies tc insurance greater than the amount shown "personal injury" or "advertising injury" causec for that insurance in the Schedule of by an offense arising out of your business, bul Underlying Insurance, this insurance wil only if the offense was committed during the apply in excess of that greater amount. If policy period anywhere in the world. any "underlying insurance' has a limit of 4• The amount we will pay for damages is limitec insurance, prior to any reduction or as described in SECTION III — LIMITS OF exhaustion by payment of damages, INSURANCE. "medical expenses" or defense expenses described in Paragraph a. above, that is 5• "Bodily injury"or"property damage": less than the amount shown for that a. Which occurs during the policy period; and insurance in the Schedule Of Underlyinc b. Which was not prior to, but was during, the Insurance, this insurance will apply it policy period known to have occurred by excess of the amount shown for suer any insured listed under Paragraph 1. in insurance in the Schedule Of Underlyinc Paragraph B., COVERAGE B — Insurance. UMBRELLA LIABILITY of SECTION II - 5. When the "underlying insurance" applies on a WHO IS AN INSURED, or any "employee' claims-made basis and includes a retroactive authorized by you to give notice of ar "occurrence" or claim; Page 2 of 22 C 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA includes any continuation, change or Management Service Expenses Limit has resumption of the "bodily injury" or "property been exhausted, whichever occurs first. damage" after the end of the policy period. 4. The amount we will pay for "crisis 6. "Bodily injury" or "property damage" will be management service expenses" is limited as deemed to have been known to have occurrec described in SECTION III — LIMITS OF at the earliest time when any insured listed INSURANCE. under Paragraph 1. in Paragraph B., 5. A "self-insured retention" does not apply to COVERAGE B — UMBRELLA LIABILITY, of "crisis management service expenses". SECTION II — WHO IS AN INSURED or any "employee"authorized by you to give or receive 6. Any payment of "crisis management service notice of an "occurrence" or claim: expenses" that we make will not be determinative of our obligations under this a. Reports all, or any part, of the "bodily injury' insurance with respect to any claim or "suit" oI or "property damage" to us or any other create any duty to defend or indemnify any insurer; insured for any claim or"suit". b. Receives a written or verbal demand of D. DEFENSE AND SUPPLEMENTARY PAYMENTS claim for damages because of the "bodily injury" or"property damage"; or 1• We will have the right and duty to defend the insured: c. Becomes aware by any other means that the "bodily injury" or "property damage" has a. Under Coverage A, against a "suit" occurred or has begun to occur. seeking damages to which such coverage applies, if: 7. Damages because of "bodily injury" include (1) The "applicable underlying limit" is the damages claimed by any person or applicable limit of insurance stated for organization for care, loss of services or death a policy of "underlying insurance" in resulting at any time from the "bodily injury". the Schedule Of Underlying 8. Coverage B of this insurance does not apply to Insurance and such limit has beer damages covered by any "underlying exhausted solely due to payments as insurance" or that would have been covered by permitted in Paragraphs 4.a.(1), (2) any "underlying insurance" but for the and (3) of COVERAGE A — EXCESS exhaustion of its applicable limit of insurance. FOLLOW-FORM LIABILITY of C. COVERAGE C — CRISIS MANAGEMENT SECTION I—COVERAGES;or SERVICE EXPENSES (2) The "applicable underlying limit" is the 1. We will reimburse the insured, or pay on the applicable limit of any "other insured's behalf, "crisis management service insurance" and such limit has beer expenses"to which Coverage C applies. exhausted by payments of judgments, settlements or medical expenses, oI 2. Coverage C of this insurance applies to "crisis related costs or expenses (if sucl- management service expenses"that: costs or expenses reduce sucl a. Arise out of a "crisis management event" limits). that first commences during the policy For any "suit" for which we have the right period; and duty to defend the insured under b. Are incurred by the insured, after a "crisis Coverage A, defense expenses will be management event" first commences and within the limits of insurance of this policy before such event ends; and when such expenses are within the limits c. Are submitted to us within 180 days after of insurance of the applicable "underlyinc the "crisis management advisor" advises insurance ; or you that the "crisis management event" nc b. Under Coverage B, against a "suit' longer exists. seeking damages to which such coverage 3. A"crisis management event" will be deemed to: applies. 2. We have no duty to defend any insured a. First commence at the time when any against any"suit": "executive officer" first becomes aware of an "event" or "occurrence" that leads to that a• Seeking damages to which this insurance "crisis management event"; and does not apply; or b. End when we decide that the crisis no b. If any other insurer has a duty to defend. longer exists or when the Crisis EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 22 Policy Number: CUP-9P152151 UMBRELLA 3. When we have the duty to defend, we may, ai With respect to a claim we investigate of our discretion, investigate and settle any claim settle, or "suit" against an insured we defenc or "suit". In all other cases, we may, at our under COVERAGE A — EXCESS FOLLOW discretion, participate in the investigation; FORM LIABILITY, these payments will not defense and settlement of any claim or "suit" for reduce the applicable limits of insurance, but damages to which this insurance may apply. li only if the applicable "underlying insurance' we exercise such right to participate, all provides for such payments in addition to its expenses we incur in doing so will not reduce limits of insurance. With respect to a claim we the applicable limits of insurance. investigate or settle, or "suit" against ar 4. Our duty to defend ends when we have used up insured we defend under COVERAGE B - the applicable limit of insurance in the payment UMBRELLA LIABILITY, these payments wil of judgments or settlements, or defense not reduce the applicable limits of insurance. expenses if such expenses are within the limits SECTION II—WHO IS AN INSURED of insurance of this policy. A. COVERAGE A — EXCESS FOLLOW-FORM 5. We will pay, with respect to a claim we LIABILITY investigate or settle, or "suit" against an insured With respect to Coverage A, the following persons we defend: and organizations qualify as insureds: a. All expenses we incur. 1. The Named Insured shown in the b. The cost of: Declarations; and (1) Bail bonds required because of 2. Any other person or organization qualifying as accidents or traffic law violations arising an insured in the "underlying insurance". li out of the use of any vehicle to which you have agreed to provide insurance for that this insurance applies; or person or organization in a written contract of (2) Appeal bonds and bonds to release agreement: attachments; a. The limits of insurance afforded to such but only for bond amounts within the person or organization will be: applicable limit of insurance. We do not (1) The amount by which the minimum have to furnish these bonds. limits of insurance you agreed tc c. All reasonable expenses incurred by the provide such person or organizatior insured at our request to assist us in the in that written contract or agreement investigation or defense of such claim of exceed the total limits of insurance of "suit", including actual loss of earnings up all applicable "underlying insurance to $1,000 a day because of time off from or work. (2) The limits of insurance of this policy; d. All court costs taxed against the insured it whichever is less; and the "suit". However, these payments do not b. Coverage under this policy does not apply include attorneys' fees or attorneys' to such person or organization if the expenses taxed against the insured. minimum limits of insurance you agreec e. Prejudgment interest awarded against the to provide such person or organization it insured on that part of the judgment we that written contract or agreement are pay. If we make an offer to pay the wholly within the total limits of insurance applicable limit of insurance, we will not pay of all available applicable "underlyinc any prejudgment interest based on that insurance". period of time after the offer. B. COVERAGE B—UMBRELLA LIABILITY f. All interest that accrues on the full amount With respect to Coverage B: of any judgment after entry of the judgment and before we have paid, offered to pay of 1. The Named Insured shown in the deposited in court the part of the judgment Declarations is an insured. that is within the applicable limit of 2. If you are: insurance. If we do not pay part of the judgment for any reason other than it is a. An individual, your spouse is also an more than the applicable limit of insurance. insured, but only with respect to the we will not pay any interest that accrues or conduct of a business of which you are the sole owner. that portion of the judgment. Page 4 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA b. A partnership or joint venture, your damages because of the injury members, your partners and their spouses described in Paragraph (1)(a) or are also insureds, but only with respect tc (b) above; or the conduct of your business. (d) Arising out of his or her providinc c. A limited liability company, your members or failing to provide professiona are also insureds, but only with respect tc health care services. the conduct of your business. Your Unless you are in the business or managers are also insureds, but only with occupation of providing professional respect to their duties as your managers. health care services, Paragraphs d. An organization other than a partnership, (1)(a), (b), (c) and (d) above do not joint venture or limited liability company; apply to "bodily injury" arising out of your "officers" and directors are alsc providing or failing to provide first aic insureds, but only with respect to their or "Good Samaritan services" by any duties as your "officers" or directors. Your of your, "employees" or "volunteer stockholders are also insureds, but only workers other than an employed or volunteer doctor. Any such with respect to their liability as "employees" or "volunteer workers" stockholders. providing or failing to provide first aid e. A trust, your trustees are also insureds, but or "Good Samaritan services" during only with respect to their duties as trustees. their work hours for you will be 3. Each of the following is also an insured: deemed to be acting within the scope of their employment by you or a. Your "volunteer workers" only while performing duties related to the performing duties related to the conduct of conduct of your business. your business, or your "employees", othei (2) "Property damage"to property: than either your "officers" (if you are ar organization other than a partnership, joins (a) Owned, occupied or used by; or venture or limited liability company) or your (b) Rented to, in the care, custody of managers (if you are a limited liability control of, or over which physica company), but only for acts within the control is being exercised for any scope of their employment by you or while purpose by; performing duties related to the conduct of you, any of your "employees" or your business. However, none of these "volunteer workers", any of your "employees" or "volunteer workers" are partners or members (if you are e insureds for: partnership or joint venture), or any of (1) "Bodily injury"or"personal injury": your members (if you are a limited (a) To you, to your partners or liability company). members (if you are a partnership b. Any person (other than your "employee" or joint venture), to your members or "volunteer worker"), or any (if you are a limited liability organization, while acting as your rea company), to a co-"employee' estate manager. while in the course of his or her c. Any person or organization having propel employment or performing duties temporary custody of your property if yot. related to the conduct of your die, but only: business, or to your other (1) With respect to liability arising out of "volunteer workers" while the maintenance or use of that performing duties related to the property; and conduct of your business; (2) Until your legal representative has (b) To the spouse, child, parent, been appointed. brother or sister of that co- d. Your legal representative if you die, but "employee" or "volunteer worker' only with respect to duties as such. Thai as a consequence of Paragraph representative will have all your rights and (1)(a) above; duties under this insurance. (c) For which there is any obligation to 4. Any organization, other than a partnership, share damages with or repay joint venture or limited liability company, of someone else who must pay which you are the sole owner, or in which you EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 22 Policy Number: CUP-9P152151 UMBRELLA maintain an ownership interest of more than the date, if any, during the policy period, that 50%, on the first day of the policy period is ar you no longer maintain an ownership interest insured and will qualify as a Named Insured. Nc of more than 50% in such organization. such organization is an insured or will qualify as 3. Any organization you newly acquire or form; a Named Insured for "bodily injury" or "property other than a partnership, joint venture of damage" that occurred, or "personal injury" of limited liability company, and of which you are "advertising injury" caused by an offense the sole owner, or in which you maintain ar committed after the date, if any, during the ownership interest of more than 50%, if there policy period, that you no longer maintain an is no other similar insurance available to that ownership interest of more than 50% in such organization. However: organization. a. Coverage under this provision is affordec 5. Any organization you newly acquire or form; only until the 180th day after you acquire other than a partnership, joint venture or limitec or form the organization or the end of the liability company, and of which you are the sole policy period,whichever is earlier; and owner, or in which you maintain an ownership interest of more than 50%, is an insured anc b. Coverage for such organization does not will qualify as a Named Insured if there is no apply to "crisis management service other similar insurance available to that expenses" arising out of a "crisis organization. However: management event" that occurred before you acquired or formed the organization, a. Coverage under this provision is afforded even if an "executive officer" only first only until the 180th day after you acquire or becomes aware of an "event" or form the organization or the end of the "occurrence" that leads to such "crisis policy period,whichever is earlier; and management event" after the date you b. Coverage for such organization does not acquired or formed the organization. apply to: No person or organization is an insured or will (1) "Bodily injury" or "property damage" qualify as a Named Insured with respect to the that occurred; or conduct of any current or past partnership, joint venture or limited liability company that is not (2) "Personal injury" or "advertising injury" shown as a Named Insured in the Declarations. arising out of an offense committed; SECTION III —LIMITS OF INSURANCE before you acquired or formed the organization. A. The Limits of Insurance shown in the Declarations No person or organization is an insured or will and the rules below fix the most we will pay for the qualify as a Named Insured with respect to the amounts described below to which this insurance conduct of any current or past partnership, joins applies regardless of the number of: venture or limited liability company that is not showr 1. Insureds; as a Named Insured in the Declarations. This 2. Claims made or"suits" brought; paragraph does not apply to any such partnership joint venture or limited liability company that 3. Number of vehicles involved; otherwise qualifies as an insured under Paragrapl 4. Persons or organizations making claims or B. of SECTION II—WHO IS AN INSURED. bringing"suits"; or C. COVERAGE C — CRISIS MANAGEMENT 5. Coverages provided under this insurance. SERVICE EXPENSES As indicated in Paragraph D.1. of SECTION I — With respect to Coverage C, the following persons COVERAGES, for any "suit" for which we have and organizations are insureds and will qualify a:Named Insureds: the right and duty to defend the insured under Coverage A, defense expenses will be within the 1. The Named Insured shown in the Declarations. limits of insurance of this policy when such 2. Any organization, other than a partnership, joins expenses are within the limits of insurance of the venture or limited liability company, of whicl applicable"underlying insurance". you are the sole owner, or in which you B. The General Aggregate Limit is the most we wil maintain an ownership interest of more than pay for the sum of all: 50%, on the first day of the policy period. Nc such organization is an insured or will qualify as 1. Damages; and a Named Insured for "crisis management 2. Defense expenses if such expenses are service expenses" arising out of a "crisis within the limits of insurance of this policy; management event" that first commences after except: Page 6 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA 1. Damages and defense expenses because of 1. Asbestos "bodily injury" or "property damage" included in a. Damages arising out of the actual or the "auto hazard"; alleged presence or actual, alleged or 2. Damages and defense expenses because of threatened dispersal of asbestos, "bodily injury" or "property damage" included it asbestos fibers or products containinc the "products-completed operations hazard"; or asbestos, provided that the damages are 3. Damages and defense expenses for whi& caused or contributed to by the hazardous insurance is provided under any Aircraft Liability properties of asbestos. coverage included as "underlying insurance" tc b. Damages arising out of the actual of which no aggregate limit applies. alleged presence or actual, alleged of C. The Products-Completed Operations Aggregate threatened dispersal of any solid, liquid, Limit is the most we will pay for the sum of all: gaseous or thermal irritant or 1. Damages; and contaminant, including smoke, vapors; 2. Defense expenses if such expenses are within soot, fumes, acids, alkalis, chemicals and the limits of insurance of this policy; waste, and that are part of any claim or because of "bodily injury" or "property damage" "suit" which also alleges any damages included in the "products-completed operations described in Paragraph a. above. hazard". c. Any loss, cost or expense arising out of D. Subject to Paragraph B. or C. above, whichever any: applies, the Occurrence Limit is the most we will (1) Request, demand, order or statutory pay for the sum of all: or regulatory requirement that any 1. Damages, and defense expenses if such insured or others test for, monitor, expenses are within the limits of insurance of clean up, remove, contain, treat; this policy, under Coverage A arising out of any detoxify or neutralize, or in any way one "event" to which the "underlying insurance' respond to, or assess the effects of; applies a limit of insurance that is separate asbestos, asbestos fibers or products from any aggregate limit of insurance; and containing asbestos; or 2. Damages under Coverage B because of al (2) Claim or suit by or on behalf of any "bodily injury", "property damage", "persona governmental authority or any other injury" or "advertising injury" arising out of any person or organization because of one "occurrence". testing for, monitoring, cleaning up, For the purposes of determining the applicable removing, containing, treating. Occurrence Limit, all related acts or omissions detoxifying or neutralizing, or in any committed in the providing or failing to provide firsl way responding to, or assessing the aid or"Good Samaritan services"to any one person effects of, asbestos, asbestos fibers will be considered one "occurrence". or products containing asbestos. E. The Crisis Management Service Expenses Limit is 2. Employment-Related Practices the most we will pay for the sum of all "crisiE Damages because of injury to: ,management service expenses" arising out of al a. A person arising out of an crisis management events". Payment of such p g y: "crisis management service expenses" is in additior (1)Refusal to employ that person; to, and will not reduce, any other limit of insurance (2)Termination of that person's of this policy. employment; or F. The limits of insurance of this policy apply (3) Employment-related practice, policy, separately to each consecutive annual period anc act or omission, such as coercion, to any remaining period of less than 12 months, demotion, evaluation, reassignment, starting with the beginning of the policy perioc discipline, failure to promote or shown in the Declarations. If the policy period is advance, harassment, humiliation, extended after issuance for an additional period of discrimination, libel, slander, violation less than 12 months, the additional period will be of the person's right of privacy; deemed part of the last preceding period for malicious prosecution or false arrest; purposes of determining the limits of insurance. detention or imprisonment, applied tc SECTION IV—EXCLUSIONS or directed at that person, regardless This insurance does not apply to: of whether such practice, policy, act A. With respect to Coverage A and Coverage B: or omission occurs, is applied or is EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 22 Policy Number: CUP-9P152151 UMBRELLA committed before, during or after the c. Auto no-fault or other first-party personal time of that person's employment; or injury protection (PIP); b. The spouse, child, parent, brother or sister d. Supplementary uninsured/underinsured of that person as a consequence of injury motorists (New York); or to that person as described in Paragraphs e. Medical expense benefits and income a.(1), (2) or(3) above. loss benefits (Virginia). This exclusion applies: 7. War a. Whether the insured may be liable as an Damages arising out of: employer or in any other capacity; and a. War, including undeclared or civil war; or b. To any obligation to share damages with or repay someone else who must pay b. Warlike action by a military force, damages because of the injury. including action in hindering or defendinc against an actual or expected attack, by 3. ERISA, COBRA And Similar Laws any government, sovereign or other Any obligation of the insured under: authority using military personnel or other a. The Employees Retirement Income agents; or Security Act Of 1974 (ERISA) or any of its c. Insurrection, rebellion, revolution, usurpec amendments; power or action taken by governmenta b. The Consolidated Omnibus Budget authority in hindering or defending against Reconciliation Act of 1985 (COBRA) or any any of these. of its amendments; or 8. Workers Compensation And Similar Laws c. Any similar common or statutory law of any Any obligation of the insured under a workers jurisdiction. compensation, disability benefits or 4. Medical Expenses Or Payments unemployment compensation law or any similar law. Any obligation of the insured under any B. With respect to Coverage B: medical expenses or medical payments coverage. 1. Expected Or Intended Bodily Injury Or 5. Nuclear Material Property Damage Damages arising out of: "Bodily injury" or "property damage" expectec or intended from the standpoint of the insured a. The actual, alleged or threatened exposure This exclusion does not apply to "bodily injury' of any person or property to; or or "property damage" resulting from the use of b. The"hazardous properties"of; reasonable force to protect persons oI any"nuclear material". property. As used in this exclusion: 2. Contractual Liability a. "Hazardous properties" includes "Bodily injury", "property damage", "persona radioactive,toxic or explosive properties; injury" or "advertising injury" for which the insured is obligated to pay damages by b. "Nuclear material" means "source reason of the assumption of liability in e material", "special nuclear material" or "by- contract or agreement. This exclusion does product material"; and not apply to liability for damages that the c. "Source material", "special nuclear insured would have in the absence of the material" and "by-product material" have contract or agreement. the meanings given them in the Atomic 3. Liquor Liability Energy Act of 1954 or any of its "Bodily injury" or "property damage" for which amendments. any insured may be liable by reason of: 6. Uninsured or Underinsured Motorists, No- a. Causing or contributing to the intoxication Fault And Similar Laws of any person, including causing oI Any liability imposed on the insured, or the contributing to the intoxication of any insured's insurer, under any of the following person because alcoholic beverages were laws: permitted to be brought on your premises a. Uninsured motorists; for consumption on your premises; b. Underinsured motorists; Page 8 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 0107 16 Policy Number: CUP-9P152151 UMBRELLA b. The furnishing of alcoholic beverages to a This exclusion applies even if the claims person under the legal drinking age or against any insured allege negligence or other under the influence of alcohol; or wrongdoing in the supervision, hiring, c. Any statute, ordinance or regulation relating employment, training or monitoring of others to the sale, gift, distribution or use of by that insured, if the "occurrence" which alcoholic beverages. caused the "bodily injury" or "property damage" involved the ownership, 4. Employers Liability maintenance, use or entrustment to others of "Bodily injury"to: any aircraft that is owned or operated by of a. An "employee" of the insured arising out of rented or loaned to any insured. and in the course of: 7. Auto (1) Employment by the insured; or "Bodily injury" or "property damage" arisinc (2) Performing duties related to the out of the ownership, maintenance, use of conduct of the insured's business; or entrustment to others of any "auto". Use b. The spouse, child, parent, brother or sister includes operation and "loading or unloading". of that "employee" as a consequence of This exclusion applies even if the claims "bodily injury" described in Paragraph a. against any insured allege negligence or other above. wrongdoing in the supervision, hiring, employment, training or monitoring of others This exclusion applies: by that insured, if the "occurrence" which a. Whether the insured may be liable as an caused the "bodily injury" or "property employer or in any other capacity; and damage" involved the ownership, b. To any obligation to share damages with of maintenance, use or entrustment to others of repay someone else who must pay any"auto". damages because of the "bodily injury". This exclusion does not apply to "bodily injury" 5. Pollution or "property damage" caused by an a. "Bodilyinju "property damage" "occurrence" that takes place outside of the ry ° p p y g ° United States of America (including its "personal injury" or "advertising injury" territories and possessions), Puerto Rico anc arising out of the actual, alleged or Canada. threatened discharge, dispersal, seepage, migration, release or escape of"pollutants". 8. Watercraft b. Any loss, cost or expense arising out of "Bodily injury" or "property damage" arisinc any: out of the ownership, maintenance, use of (1) Request, demand, order or statutory of entrustment to others of any watercraft ownec regulatory requirement that any insurec or operated by or rented or loaned Ito any or any other person or organization test insured. Use includes operation and loadinc for, monitor, clean up, remove, contain, or unloading". treat, detoxify or neutralize, or in any This exclusion applies even if the claims way respond to, or assess the effects against any insured allege negligence or other of, "pollutants"; or wrongdoing in the supervision, hiring, (2) Claim or "suit" by or on behalf of any employment, training or monitoring of others governmental authority or any other by that insured, if the "occurrence" which person or organization because of caused the "bodily injury" or "property testing for, monitoring, cleaning up, damage" involved the ownership, removing, containing, treating, maintenance, use or entrustment to others of detoxifying or neutralizing, or in any any watercraft that is owned or operated by or way responding to, or assessing the rented or loaned to any insured. effects of, "pollutants". This exclusion does not apply to a watercraft: 6. Aircraft a. While ashore on premises owned by or "Bodily injury" or "property damage" arising out rented to any insured; or of the ownership, maintenance, use of b. That is 50-feet long or less and that: entrustment to others of any aircraft owned of (1) You own; or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 22 Policy Number: CUP-9P152151 UMBRELLA (2) You do not own and is not being used "your work" after it has been put to its to carry any person or property for a intended use. charge. 12. Recall Of Products, Work Or Impaired 9. Electronic Data Property Damages claimed for the loss of, loss of use of; Damages claimed for any loss, cost of damage to, corruption of, inability to access, of expense incurred by you or others for the loss inability to manipulate"electronic data". of use, withdrawal, recall, inspection, repair. 10. Damage To Property, Products Or Work replacement, adjustment, removal or disposa of: "Property damage"to: a. "Your product"; a. Property you own, rent or occupy, including b. "Your work"; or any costs or expenses incurred by you, of any other person or organization, for repair; c. "Impaired property"; replacement, enhancement, restoration of if such product, work or property is withdrawn maintenance of such property for any or recalled from the market or from use by reason, including prevention of injury to a any person or organization because of a person or damage to another's property; known or suspected defect, deficiency, b. Premises you sell, give away or abandon ii inadequacy or dangerous condition in it. the "property damage" arises out of any 13. Violation Of Consumer Financial part of those premises; Protection Laws c. Property loaned to you; "Bodily injury", "property damage", "persona d. Personal property in the care, custody or injury" or "advertising injury" arising,out of any actual or alleged violation of a consumes control of the insured; financial protection law", or any other "bodily e. That particular part of real property on injury", "property damage", "personal injury" of which you or any contractors or "advertising injury" alleged in any claim of subcontractors working directly or indirectly "suit" that also alleges any such violation. on your behalf are performing operations ii 14. Unsolicited Communication the "property damage" arises out of those "Bodily injury", "property damage", "personal operations; injury" or "advertising injury" arising out of any f. That particular part of any property that actual or alleged violation of any law that must be restored, repaired or replaced restricts or prohibits the sending, transmitting because "your work" was incorrectly or distributing of"unsolicited communication". performed on it; 15. Access Or Disclosure Of Confidential Or g. "Your product" arising out of "your product' Personal Information or any part of it; or "Bodily injury", "property damage", "persona h. "Your work" arising out of "your work" of injury" or "advertising injury" arising out of any any part of it and included in the "products- access to or disclosure of any person's or completed operations hazard". organization's confidential or personal 11. Damage To Impaired Property Or Property information. Not Physically Injured 16. Knowing Violation Of Rights Of Another "Property damage" to "impaired property", or "Personal injury" or "advertising injury" causec property that has not been physically injured, by or at the direction of the insured with the arising out of: knowledge that the act would violate the right: a. A defect, deficiency, inadequacy or of another and would inflict "personal injury' dangerous condition in "your product" or or"advertising injury". "your work"; or 17. Material Published With Knowledge Of b. A delay or failure by you, or anyone acting Falsity on your behalf, to fulfill the terms of a "Personal injury" or "advertising injury" arising contract or agreement. out of oral or written publication, including This exclusion does not apply to the loss of use publication by electronic means, of material, ii of other property arising out of sudden and done by or at the direction of the insured with accidental physical injury to "your product" or knowledge of its falsity. Page 10 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA 18. Material Published Or Used Prior To Policy b. Any other "personal injury" or "advertising Period injury" alleged in any claim or "suit" that a. "Personal injury" or "advertising injury' also alleges any such infringement of arising out of oral or written publication, violation of another's copyright, "title" of including publication by electronic means, "slogan" in your"advertisement". of material whose first publication took 24. Insureds In Media And Internet Type place before the beginning of the policy Business period; or "Personal injury" or "advertising injury" arisinc b. "Advertising injury" arising out of out of an offense committed by an insurec infringement of copyright, "title" or "slogan" whose business is: in your "advertisement" whose first a. Advertising, "broadcasting"or publishing; infringement in your "advertisement" was committed before the beginning of the b. Designing or determining content of web- policy period. sites for others; or 19. Criminal Acts c. An Internet search, access, content or "Personal injury" or "advertising injury" arising service provider. out of a criminal act committed by or at the This exclusion does not apply to Paragraphs direction of the insured. a.(1), (2) and (3) of the definition of"personal 20. Breach Of Contract injury". "Personal injury" or "advertising injury" arising For the purposes of this exclusion: out of a breach of contract. a. Creating and producing correspondence 21. Quality Or Performance Of Goods — Failure written in the conduct of your business To Conform To Statements bulletins, financial or annual reports, of newsletters about your goods, products of "Advertising injury" arising out of the failure of services will not be considered the goods, products or services to conform with any business of publishing; and statement of quality or performance made in your"advertisement". b. The placing of frames, borders or links, of advertising, for you or others anywhere or 22. Wrong Description Of Prices the Internet will not, by itself, be "Advertising injury" arising out of the wrong considered the business of advertising, description of the price of goods, products or "broadcasting"or publishing. services stated in your"advertisement". 25. Electronic Chatrooms Or Bulletin Boards 23. Intellectual Property "Personal injury" or "advertising injury" arisinc "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin boarc out of any actual or alleged infringement or the insured hosts, owns or over which the violation of any of the following rights or laws, of insured exercises control. any other "personal injury" or "advertising injury' 26. Unauthorized Use Of Another's Name Or alleged in any claim or "suit" that also allegeE Product any such infringement or violation: "Personal injury" or "advertising injury" arisinc a. Copyright; out of the unauthorized use of another's name b. Patent; or product in your e-mail address, domair c. Trade dress; name or metatag, or any other similar tactic: to mislead another's potential customers. d. Trade name; C. With respect to Coverage C: e. Trademark; Newly Acquired, Controlled Or Formed f. Trade secret; or Entities g. Other intellectual property rights or laws. "Crisis management service expenses"arising out This exclusion does not apply to: of a "crisis management event" that involves any a. "Advertising injury" arising out of any actual organization you newly acquire or form and that or alleged infringement or violation of occurred prior to the date you acquired or formec another's copyright, "title" or "slogan" in that organization, even if an "executive officer" your"advertisement"; or only first becomes aware of an "event" or "occurrence" that leads to such "crisis EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 11 of 22 Policy Number: CUP-9P152151 UMBRELLA management event" after the date you acquired or D. CHANGES formed such organization. This policy contains all the agreements betweer SECTION V—CONDITIONS you and us concerning the insurance afforded. Nc A. APPEALS change can be made in the terms of thi: insurance except with our consent. The terms of 1. If the insured or the insured's "underlying this insurance can be amended or waived only by insurer" elects not to appeal a judgment which endorsement issued by us and made a part of thi: exceeds the "applicable underlying limit" or policy. "self-insured retention", we may do so. E. CURRENCY 2. If we appeal such a judgment, we will pay al costs of the appeal. These payments will not Payments for damages or expenses described it Paragraph 5. of Paragraph D., DEFENSE AND reduce the applicable limits of insurance. In nc SUPPLEMENTARY PAYMENTS, of SECTION event will our liability exceed the applicable limil of insurance. — COVERAGES will be in the currency of the United States of America. At our sole option, we B. BANKRUPTCY may make these payments in a different currency. 1. Bankruptcy or insolvency of the insured or of Any necessary currency conversion for such the insured's estate will not relieve us of our payments will be calculated based on the rate of obligations under this insurance. exchange published in the Wall Street Journa immediately preceeding the date the payment iE 2. In the event of bankruptcy or insolvency of any processed. "underlying insurer", this insurance will not replace such bankrupt or insolvent "underlying F. DUTIES REGARDING AN EVENT, insurer's" policy, and this insurance will apply as OCCURRENCE,CLAIM OR SUIT if such "underlying insurer" had not become 1. You must see to it that we are notified as bankrupt or insolvent. soon as practicable of an "event" of C. CANCELLATION "occurrence" which may result in a clairr under this insurance. To the extent possible, 1. The first Named Insured shown in the notice should include: Declarations may cancel this insurance by a. How, when and where the "event" or mailing or delivering to us advance writter "occurrence"took place; notice of cancellation. 2. We may cancel this insurance by mailing of b. The names and addresses of any delivering to such first Named Insured writter persons or organizations sustaining injury, notice of cancellation at least: damage or loss, and the names anc addresses of any witnesses; and a. 10 days before the effective date of c. The nature and location of any injury of cancellation if we cancel for nonpayment of damage arising out of the "event" of premium; or "occurrence". b. 60 days before the effective date of 2. If a claim is made or "suit" is brought against cancellation if we cancel for any other any insured which may result in a claim under reason. this insurance, you must see to it that we 3. We will mail or deliver our notice to such first receive written notice of the claim or "suit" aE Named Insured's last mailing address known tc soon as practicable. us. 3. With respect to Coverage A, the insurec 4. Notice of cancellation will state the effective must: date of cancellation. The policy period will enc a. Cooperate with us in the investigation, on that date. settlement or defense of any claim or 5. If this insurance is cancelled, we will send su& Hsuit"; first Named Insured any premium refund due. li b. Comply with the terms of the "underlying we cancel, the refund will be pro rata. If sucf insurance"; and first Named Insured cancels, the refund may be c. Pursue all rights of contribution or less than pro rata. The cancellation will be indemnity against any person or effective even if we have not made or offered a organization who may be liable to the refund. insured because of the injury, damage or 6. If notice is mailed, proof of mailing will be loss for which insurance is provided under sufficient proof of notice. Page 12 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA this policy or any policy of "underlying c. The nature and location of any injury or insurance". damage arising out of that "crisis 4. With respect to Coverage B, the insured must: management event"; and a. Immediately send us copies of any d. The reason that "crisis management demands, notices, summonses or legal event" is likely to involve damages papers received in connectior with the covered by this insurance in excess of the claim or"suit"; "applicable underlying limit" or "self- b. Authorize us to obtain necessary records insured retention" and involve regional of and other information; national media coverage. c. Cooperate with us in the investigation, H. EXAMINATION OF YOUR BOOKS AND settlement or defense of any claim or "suit"; RECORDS and We may examine and audit your books and d. Assist us, upon our request, in the records as they relate to this insurance: enforcement of any right against any 1. At any time during the policy period; person or organization which may be liable 2. Up to three years after the end of the policy to the insured because of injury or damage period; and to which Coverage B may apply. 3. Within one year after final settlement of all 5. No insured will, except at that insured's own claims under this insurance. expense, voluntarily make a payment, assume I. EXTENDED REPORTING PERIOD OPTION any obligation, make any admission or incur any expense, other than for first aid for "bodily 1. When the "underlying insurance" applies on a injury" covered by this insurance, without oui claims-made basis, any automatic or basic consent. "extended reporting period" in such 6. Knowledge of an "event", "occurrence", claim of "underlying insurance" will apply to this suit" by your agent, servant or "employee" wit insurance. not constitute knowledge by you, unless your 2• When the "underlying insurance" applies on e insurance or risk manager, or anyone working claims-made basis and you elect to purchase in the capacity as your insurance or risk an optional or supplemental "extended manager, or anyone you designate with the reporting period" in such "underlying responsibility of reporting an "event", insurance," that "extended reporting period" "occurrence", claim or"suit": will apply to this insurance only if: a. Has received notice of such "event", a. A written request to purchase an "occurrence", claim or "suit" from such Extended Reporting Period endorsement agent, servant or"employee"; or for this insurance is made by you anc received by us within 90 days after the b. Otherwise has knowledge of such "event", end of the policy period; "occurrence", claim or"suit". b. You have paid all premiums due for this G. DUTIES REGARDING A CRISIS MANAGEMENT policy at the time you make such request; EVENT c. You promptly pay the additional premium You must: we charge for the Extended Reporting 1. Notify us within 30 days of a "crisis Period endorsement for this insurance when due. We will determine that management event" that may result in "crisis additional premium after we have management service expenses". received your request for the Extended 2. Provide written notice of the "crisis Reporting Period endorsement for this management event" as soon as practicable. To insurance. That additional premium is not the extent possible, notice should include: subject to any limitation stated in the a. How, when and where that "crisis "underlying insurance" on the amount of management event" took place; percentage of additional premium that may be charged for extendec b. The names and addresses of any persons reporting period" in such "underlying or organizations sustaining injury, damage insurance"; and or loss, and the named and addresses o1 any witnesses; EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 13 of 22 Policy Number: CUP-9P152151 UMBRELLA d. That Extended Reporting Period the full policy period of this Excess Follow- endorsement is issued by us and made a Form And Umbrella Liability Insurance. THE part of this policy. provision does not apply to the reduction of 3. Any Extended Reporting Period endorsement exhaustion of the aggregate limit or limits of for this insurance will not reinstate or increase such "underlying insurance" solely by the Limits of Insurance or extend the policy payments as permitted in Paragraphs 4.a.(1), period. (2) and (3) of COVERAGE A — EXCESS 4. Except with respect to any provisions to the FOLLOW-FORM LIABILITY of SECTION I - contrary contained in Paragraphs 1., 2. or 3. COVERAGES. As such policies expire, yot, above, all provisions of any option to purchase will renew them at limits and with coverage al an "extended reporting period"granted to you in least equal to the expiring limits of insurance the "underlying insurance" apply to this If you fail to comply with the above insurance. requirements, Coverage A is not invalidated However, in the event of a loss, we will pay J. INSPECTIONS AND SURVEYS only to the extent that we would have paid hac 1. We have the right but are not obligated to: you complied with the above requirements. a. Make inspections and surveys at any time; 2. The first Named Insured shown in the b. Give y ou reports on the conditions we find; Declarations must give us written notice of and any change in the "underlying insurance" a: c. Recommend changes. respects: 2. Any inspections, surveys, reports or a. Coverage; recommendations relate only to insurability anc b. Limits of insurance; the premiums to be charged. We do not make c. Termination of any coverage; or safety inspections. We do not undertake tc d. Exhaustion of aggregate limits. perform the duty of any person or organizatior to provide for the health or safety of workers of 3. If you are unable to recover from any the public. We do not warrant that conditions: "underlying insurer" because you fail to a. Are safe or healthful; or comply with any term or condition of the b. Comply with laws, regulations, codes or "underlying insurance", Coverage A is not standards. invalidated. However, we will pay for any loss only to the extent that we would have paid hac K. LEGAL ACTION AGAINST US you complied with that term or condition it 1. No person or organization has a right under this that"underlying insurance". insurance: M. OTHER INSURANCE a. To join us as a party or otherwise bring us This insurance is excess over any valid anc into a "suit" asking for damages from ar collectible "other insurance" whether such "other insured; or insurance" is stated to be primary, contributing, b. To sue us on this insurance unless all of its excess, contingent or otherwise. This provisior terms have been fully complied with. does not apply to a policy bought specifically tc 2. A person or organization may sue us to recover apply as excess of this insurance. on an agreed settlement or on a final judgment However, if you specifically agree in a written against an insured. We will not be liable for contract or agreement that the insurance provided damages that: to any person or organization that qualifies as ar a. Are not payable under the terms of this insured under this insurance must apply on e insurance; or primary basis, or a primary and non-contributory b. Are in excess of the applicable limit of basis, then insurance provided under Coverage A insurance. is subject to the following provisions: An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L. MAINTENANCE OF UNDERLYING INSURANCE 1. The insurance afforded by each policy of "underlying insurance" will be maintained for Page 14 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 0107 16 Policy Number: CUP-9P152151 UMBRELLA 1. This insurance will apply before any "other provide insurance in such country or insurance" that is available to such additional jurisdiction;or insured which covers that person or b. The furnishing of certificates or other organization as a named insured, and we will evidence of insurance in any country of not share with that "other insurance", providec jurisdiction in which we are not licensed tc that the injury or damage for which coverage is provide insurance. sought is caused by an "event" that takes place Q. PROHIBITED COVERAGE — TRADE OR or is committed subsequent to the signing of ECONOMIC SANCTIONS that contract or agreement by you. We will provide coverage for any loss, or 2. This insurance is still excess over any valid anc otherwise will provide any benefit, only to the collectible "other insurance", whether primary, extent that providing such coverage or benefil excess, contingent or otherwise, which covers does not expose us or any of our affiliated of that person or organization as an additiona parent companies to: insured or as any other insured that does not qualify as a named insured. 1. Any trade or economic sanction under any law or regulation of the United States of America, N. PREMIUM or 1. The first Named Insured shown in the 2. Any other applicable trade or economic Declarations is responsible for the payment of sanction, prohibition or restriction. all premiums and will be the payee for any R. REPRESENTATIONS return premiums. 2. If the premium is a flat charge, it is not subject By accepting this insurance,you agree: to adjustment except as provided in Paragraph 1• The statements in the Declarations and any 4. below. subsequent notice relating to "underlyinc 3. If the premium is other than a flat charge, it is insurance"are accurate and complete; an advance premium only. The earnec 2. Those statements are based upon premium will be computed at the end of the representations you made to us; and policy period, or at the end of each year of the 3. We have issued this insurance in reliance policy period if the policy period is two years of upon your representations. longer, at the rate shown in the Declarations, S. SEPARATION OF INSUREDS subject to the Minimum Premium. Except with respect to the Limits of Insurance. 4. Additional premium may become payable when and any rights or duties specifically assigned it coverage is provided for additional insureds this policy to the first Named Insured shown in the under the provisions of SECTION II — WHO IS Declarations,this insurance applies: AN INSURED. 1. As if each Named Insured were the only O. PREMIUM AUDIT Named Insured; and The premium for this policy is the amount stated it 2. Separately to each insured against whom Item 5. of the Declarations. The premium is a flat claim is made or"suit" is brought. charge unless it is specified in the Declarations as T. WAIVER OR TRANSFER OF RIGHTS OF adjustable. RECOVERY AGAINST OTHERS TO US P. PROHIBITED COVERAGE — UNLICENSED 1. If the insured has rights to recover all or parl INSURANCE of any payment we have made under this 1. With respect to loss sustained by any insured in insurance, those rights are transferred to us a country or jurisdiction in which we are nol and the insured must do nothing after loss tc licensed to provide this insurance, this impair them. At our request, the insured wil insurance does not apply to the extent that bring suit or transfer those rights to us anc insuring such loss would violate the laws or help us, and with respect to Coverage A, the regulations of such country or jurisdiction. "underlying insurer", enforce them. 2. We do not assume responsibility for: If the insured has agreed in a contract of a. The payment of any fine, fee, penalty or agreement to waive that insured's right of other charge that may be imposed on any recovery against any person or organization we waive our right of recovery against that person or organization in any country or person or organization, but only for payments jurisdiction because we are not licensed to we make because of an "event" that takes place or is committed subsequent to the EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 15 of 22 Policy Number: CUP-9P152151 UMBRELLA execution of that contract or agreement by such SECTION VI — DEFINITIONS insured. A. With respect to all coverages of this insurance: 2. Reimbursement of any amount recovered will 1. "Applicable underlying limit" means the sum of: be made in the following order: a. The applicable limit of insurance stated a. First, to any person or organization f (including us or the insured) who has paic or the policies of "underlying insurance" any amount in excess of the applicable limit in the Schedule Of Underlying Insurance of insurance; subject to the provisions in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — b. Next, to us; and EXCESS FOLLOW-FORM LIABILITY of c. Then, to any person or organization SECTION I —COVERAGES; and (including the insured and with respect to b. The applicable limit of insurance of any Coverage A, the "underlying insurer") that "other insurance"that applies. is entitled to claim the remainder, if any. The limits of insurance in any policy of 3. Expenses incurred in the process of recovery underlying insurance will apply even if: will be divided among all persons of organizations receiving amounts recoverec a. The "underlying insurer" claims the according to the ratio of their respective insured failed to comply with any term or recoveries. condition of the policy; or U. TRANSFER OF YOUR RIGHTS AND DUTIES b. The "underlying insurer" becomes UNDER THIS INSURANCE bankrupt or insolvent. 1. Your rights and duties under this insurance may 2. "Auto hazard" means all "bodily injury" anc not be transferred without our written consent "property damage" to which liability insurance except in the case of death of an individua afforded under an auto policy of "underlyinc Named Insured. insurance" would apply but for the exhaustion 2. If you die, your rights and duties will be of its applicable limits of insurance. transferred to your legal representative but only 3. "Electronic data" means information, facts of while acting within the scope of duties as your programs stored as or on, created or used on, legal representative. Until your legal or transmitted to or from computer software representative is appointed, anyone having (including systems and applications software); proper temporary custody of your property wil hard or floppy disks, CD-ROMs, tapes, drives; have your rights and duties but only with cells, data processing devices or any other respect to that property. media which are used with electronically V. UNINTENTIONAL OMISSION OR ERROR controlled equipment. The unintentional omission of, or unintentional enrol 4. "Event" means an "occurrence", offense, in, any information provided by you which we reliec accident, act, error, omission, wrongful act of upon in issuing this policy will not prejudice your loss. rights under this insurance. However, this provisior 5. "Extended reporting period" means any perioc does not affect our right to collect additiona of time, starting with the end of the policy premium or to exercise our rights of cancellation or period of your claims-made insurance, durinc nonrenewal in accordance with applicable which claims or "suits" may be first made; insurance laws or regulations. brought or reported for that insurance. W. WHEN LOSS IS PAYABLE 6. "Medical expenses" means expenses tc If we are liable under this insurance, we will pay for which any Medical Payments section of any injury, damage or loss after: policy of Commercial General Liability 1. The insured's liability is established by: "underlying insurance"applies. a. A court decision; or 7. "Other insurance" means insurance, or the funding of losses, that is provided by, througl b. A written agreement between the claimant; or on behalf of: the insured, any "underlying insurer" anc us; and a. Another insurance company; 2. The amount of the "applicable underlying limit" b. Us or any of our affiliated insurance or "self-insured retention" is paid by or on companies; behalf of the insured. c. Any risk retention group; Page 16 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA d. Any self-insurance method or program, in Commercial General Liability which case the insured will be deemed to "underlying insurance" states that be the provider of such insurance; or products-completed operations are e. Any similar risk transfer or risk subject to the General Aggregate management method. Limit. "Other insurance"does not include: 9. "Suit" means a civil proceeding which alleges damages. "Suit" includes: a. Any"underlying insurance"; or a. An arbitration proceeding in which b. Any policy of insurance specifically damages are claimed and to which the purchased to be excess of the limits of insured must submit or does submit with insurance of this policy shown in the our consent; or Declarations. 8. "Products-completed operations hazard": b. Any other alternative dispute resolutior proceeding to which the insured submits a. Includes all "bodily injury" and "property with our consent. damage" occurring away from premises 10. "Underlying insurance": you own or rent and arising out of "your product" or"your work" except: a. Means the policy or policies of insurance (1) Products that are still in your physical listed in the Schedule Of Underlying possession; or Insurance. (2) Work that has not yet been completes b. Includes any renewal or replacement of or abandoned. However, "your work' such policies if such renewal or will be deemed completed at the replacement is during the policy period of earliest of the following times: this Excess Follow-Form And Umbrella (a) When all the work called for in your Liability Insurance. contract has been completed; c. Does not include any part of the policy (b) When all the work to be done at the period of any of the policies described it job site has been completed if your Paragraphs a. or b. above that begar contract calls for work at more thar before, or that continues after, the policy one job site; or period of this Excess Follow-Form And Umbrella Liability Insurance. (c) When that part of the work done al 11. "Underlying insurer" means any insurer which a job site has been put to its intended use by any person of provides a policy of insurance listed in the organization other than another Schedule Of Underlying Insurance. contractor or subcontractor workinc B. With respect to Coverage B and, to the extent that on the same project. the following terms are not defined in the Work that may need service, "underlying insurance", to Coverage A: maintenance, correction, repair or 1. "Advertisement" means a notice that is replacement, but which is otherwise broadcast or published to the general public complete, will be treated as completed. or specific market segments about your b. Does not include "bodily injury" or "property goods, products or services for the purpose of damage"arising out of: attracting customers or supporters. For the (1) The transportation of property, unless purposes of this definition: the injury or damage arises out of a a. Notices that are published include condition in or on a vehicle not ownec material placed on the Internet or on or operated by you, and that condition similar electronic means of was created by the "loading or communication; and unloading" of that vehicle by any b. Regarding web sites, only that part of insured; web site that is about your goods (2) The existence of tools, uninstalled products or services for the purposes of equipment or abandoned or unused attracting customers or supporters is materials; or considered an advertisement. (3) Products or operations for which the 2. "Advertising injury": classification listed in a policy of EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 17 of 22 Policy Number: CUP-9P152151 UMBRELLA a. Means injury, other than "personal injury", b. In, by or with any other electronic means caused by one or more of the following of communication, such as the Internet, if offenses: that material is part of: (1) Oral or written publication, including (1) Radio or television programming publication by electronic means, of being transmitted; material in your "advertisement" that (2) Other entertainment, educational, slanders or libels a person or instructional, music or news organization or disparages a person's programming being transmitted; or or organization's goods, products of services, provided that the claim is (3) Advertising transmitted with any such made or the "suit" is brought by a programming. person or organization that claims tc 6. "Consumer financial identity information" have been slandered or libeled, or that means any of the following information for a claims to have had its goods, products person that is used or collected for the or services disparaged; purpose of serving as a factor in establishinc (2) Oral or written publication, including such person's eligibility for personal credit. publication by electronic means, of insurance or employment or for the purpose material in your"advertisement" that: of conducting a business transaction: (a) Appropriates a person's name, a. Part or all of the account number, the voice, photograph or likeness; or expiration date or the balance of any (b) Unreasonably places a person in a credit, debit, bank or other financiaaccount; false light; or b. Information bearing on a person's credit (3) Infringement of copyright, "title" or worthiness, credit standingor credit "slogan" in your "advertisement", provided that the claim is made or the capacity; "suit" is brought by a person or c. Social security number; organization that claims ownership of d. Driver's license number; or such copyright, "title" or"slogan". e. Birth date. b. Includes "bodily injury" caused by one or 7. "Consumer financial protection law" means: more of the offenses described in Paragraph a. above. a. The Fair Credit Reporting Act (FCRA)and 3. "Auto" means: any of its amendments, including the Fail and Accurate Credit Transactions Aci a. A land motor vehicle, trailer or semitrailer (FACTA); designed for travel on public roads, b. California's Song-Beverly Credit Card Aci including any attached machinery or equipment;or and any of its amendments; or b. Any other land vehicle that is subject to a C. Any other law or regulation that restricts or prohibits the collection, dissemination, compulsory or financial responsibility law of transmission, distribution or use of other motor vehicle insurance law where ii "consumer financial identity information". is licensed or principally garaged. 8. "Employee" includes a "leased worker". "auto"auto does not include "mobile "Employee" does not include a "temporary equipment". worker". 4. "Bodily injury" means: 9. "Good Samaritan services" means any a. Physical harm, including sickness or emergency medical services for which nc disease, sustained by a person; or compensation is demanded or received. b. Mental anguish, injury or illness, or 10. "Impaired property" means tangible property, emotional distress, resulting at any time other than "your product" or "your work", that from such physical harm, sickness or cannot be used or is less useful because: disease. a. It incorporates "your product" or "your 5. "Broadcasting" means transmitting any audio or work" that is known or thought to be visual material for any purpose: defective, deficient, inadequate or a. By radio or television; or dangerous;or Page 18 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA b. You have failed to fulfill the terms of a exploration, lighting and well servicing contract or agreement; equipment;or if such property can be restored to use by the (2) Cherry pickers and similar devices repair, replacement, adjustment or removal of used to raise or lower workers. "your product" or "your work" or your fulfillinc IF. Vehicles not described in Paragraph a., b., the terms of the contract or agreement. c. or d. above maintained primarily foi 11. "Leased worker" means a person leased to yot, purposes other than the transportation of by a labor leasing firm under an agreement persons or cargo. between you and the labor leasing firm, tc However, self-propelled vehicles with the perform duties related to the conduct of your following types of permanently attachec business. "Leased worker" does not include a equipment are not "mobile equipment" bui "temporary worker". will be considered"autos": 12. "Loading or unloading" means the handling of (1) Equipment designed primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto ar construction or resurfacing; or aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a welding, building cleaning, geophysical mechanical device, other than a hand truck; exploration, lighting and well servicing that is not attached to the aircraft, watercraft of equipment. "auto". However, "mobile equipment" does not include 13. "Mobile equipment" means any of the following any land vehicle that is subject to a compulsory types of land vehicles, including any attached or financial responsibility law, or other motor machinery or equipment: vehicle insurance law, where it is licensed of a. Bulldozers, farm machinery, forklifts and principally garaged. Such land vehicles are considered "autos". other vehicles designed for use principally off 14. "Occurrence" means: public roads. b. Vehicles maintained for use solely on or next a. With respect to "bodily injury" or "property to premises you own or rent. damage": c. Vehicles that travel on crawler treads. (1) An accident, including continuous or repeated exposure to substantially the d. Vehicles, whether self-propelled or not, same general harmful conditions, maintained primarily to provide mobility to which results in "bodily injury" of permanently mounted: "property damage". All "bodily injury' (1) Power cranes, shovels, loaders, diggers or "property damage" caused by such or drills; or exposure to substantially the same general harmful conditions will be (2) Road construction or resurfacing deemed to be caused by one equipment such as graders, scrapers or "occurrence"; or rollers. (2) An act or omission committed in e. Vehicles not described in Paragraph a., b., providing or failing to provide first aid c. or d. above that are not self-propelled anc or "Good Samaritan services" to e are maintained primarily to provide mobility person by any of your "employees" of to permanently attached equipment of the "volunteer workers" other than ar following types: employed or volunteer doctor, unless (1) Air compressors, pumps and you are in the business or occupatior generators, including spraying, welding, of providing professional health care building cleaning, geophysical services; EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 19 of 22 Policy Number: CUP-9P152151 UMBRELLA b. With respect to "personal injury", ar (5) Oral or written publication, including offense arising out of your business that publication by electronic means, of results in "personal injury". All "persona material that: injury" caused by the same or related injurious material, act or offense will be (a) Appropriates a person's name, deemed to be caused by one "occurrence", voice, photograph or likeness; or regardless of the frequency or repetitior (b) Unreasonably places a person in thereof, the number and kind of media a false light. used or the number of persons or b. Includes "bodily injury" caused by one or organizations making claims or bringing "suits"; and more of the offenses described in c. With respect to "advertising injury", an Paragraph a. above. offense committed in the course of 17. "Pollutants" mean any solid, liquid, gaseous or advertising your goods, products and thermal irritant or contaminant, including services that results in "advertising injury smoke, vapor, soot, fumes, acids, alkalis, All "advertising injury" caused by the same chemicals and waste. Waste includes or related injurious material, act or offense materials to be recycled, reconditioned or will be deemed to be caused by one reclaimed. "occurrence", regardless of the frequency 18. "Property damage"means: or repetition thereof, the number and kinc of media used or the number of persons or a. Physical injury to tangible property, organizations making claims or bringing including all resulting loss of use of that "suits". property. All such loss of use will be 15. "Officer" means a person holding any of the deemed to occur at the time of the officer positions created by your charter, physical injury that caused it; or constitution, bylaws or any other similar b. Loss of use of tangible property that is not governing document. physically injured. All such loss of use wil 16. "Personal injury": be deemed to occur at the time of the "occurrence"that caused it. a. Means injury, other than "advertising injury", caused by one or more of the For the purposes of this insurance, "electronic following offenses: data" is not tangible property. (1) False arrest, detention or 19. "Self-insured retention" is the greater of: imprisonment; a. The amount shown in the Declarations (2) Malicious prosecution; which the insured must first pay under (3) The wrongful eviction from, wrongful Coverage B for damages because of all, entry into, or invasion of the right of bodily injury , property damage", private occupancy of a room, dwelling "personal injury" or "advertising injury" or premises that a person occupies, arising out of any one "occurrence"; or provided that the wrongful eviction, b. The applicable limit of insurance of any wrongful entry or invasion of the right of "other insurance"that applies. private occupancy is committed by or on behalf of the owner, landlord or 20. "Slogan": lessor of that room, dwelling or a. Means a phrase that others use for the premises; purpose of attracting attention in their (4) Oral or written publication, including advertising. publication by electronic means, of b. Does not include a phrase used as, or in, material that slanders or libels a person the name of: or organization or disparages a person's or organization's goods, (1) Any person or organization other than products or services, provided that the you; or claim is made or the "suit" is brought by a person or organization that claims to (2) Any business, or any of the premises; have been slandered or libeled, or that goods, products, services or work, of claims to have had its goods, products any person or organization other than or services disparaged; or you. Page 20 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 Policy Number: CUP-9P152151 UMBRELLA 21. "Temporary worker" means a person who is (1) Warranties or representations made furnished to you to substitute for a permanent at any time with respect to the fitness, "employee" on leave or to meet seasonal of quality, durability, performance or use short-term workload conditions. of"your work"; and 22. "Title" means the name of a literary or artistic (2) The providing of or failure to provide work. warnings or instructions. 23. "Unsolicited communication" means any C. With respect to Coverage C: communication, in any form, that the recipient 1. "Crisis management advisor" means any of such communication did not specifically public relations firm or crisis management request to receive. firm approved by us that is hired by you tc 24. "Volunteer worker" means a person who is not perform "crisis management services" in your "employee", and who donates his or hei connection with a "crisis management event". work and acts at the direction of and within the 2. "Crisis management event" means an "event' scope of duties determined by you, and is not or "occurrence" that your "executive officer' paid a fee, salary or other compensation by yot, reasonably determines has resulted, or may or anyone else for their work performed by you. result, in: 25. "Your product": a. Damages covered by this Coverage A or Coverage B that are in excess of the total a. Means: applicable limits of the "underlying (1) Any goods or products, other than rea insurance"or"self-insured retention"; and property, manufactured, sold, handled. b. Significant adverse regional or national distributed or disposed of by: media coverage. (a) You; 3. "Crisis management service expenses" (b) Others trading under your name; or means amounts incurred by you, after a (c) A person or organization whose "crisis management event" first commences business or assets you have and before such event ends: acquired; and a. For the reasonable and necessary: (2) Containers (other than vehicles), (1) Fees and expenses of a "crisis materials, parts or equipment furnished management advisor" in the in connection with such goods or performance for you of "crisis products. management services" solely for a "crisis management event"; and b. Includes: (2) Costs for printing, advertising, mailinc (1) Warranties or representations made at of materials or travel by your any time with respect to the fitness; directors, officers, employees of quality, durability, performance or use agents or a "crisis management of"your product"; and advisor" solely for a "crisis management event"; and (2) The providing of or failure to provide b. For the following expenses resulting frorr warnings or instructions. such "crisis management event", providec c. Does not include vending machines of that such expenses have been approvec other property rented to or located for the by us: use of others but not sold. (1) Medical expenses; 26. "Your work": (2) Funeral expenses; a. Means: (3) Psychological counseling; (1) Work or operations performed by you (4) Travel expenses; or on your behalf; and (5) Temporary living expenses; (2) Materials, parts or equipment furnished (6) Expenses to secure the scene of a in connection with such work or "crisis management event"; or operations. (7) Any other expenses pre-approved by b. Includes: us. EU 00 01 07 16 ©2016 The Travelers Indemnity Company. All rights reserved. Page 21 of 22 Policy Number: CUP-9P152151 UMBRELLA 4. "Crisis management services" means those c. Chief Financial Officer; services performed by a "crisis management d. President; advisor" in advising you or minimizing potentia harm to you from a "crisis management event' e. General Counsel; by maintaining or restoring public confidence it If. General partner (if you are a you. partnership); or 5. "Executive officer" means your: g. Sole proprietor (if you are a sole a. Chief Executive Officer; proprietorship); b. Chief Operating Officer; or any person acting in the same capacity as any individual listed above. Page 22 of 22 ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 •�: p O M W; (1) U U w H M N N O �+s to H H x T-I O N P i N \ - - 0 -H •rl •-1 N O wl �4 �-I 00 \ N 11 AJ co Ol N ri Q v m � � •• fA r-I r—I u) 3 b ) W W o - 141 0 sd rti �ri N A Cl) U] U) 0 4) u U Q ri L � N cY1 O M O a N r-I O C m CD H O 44 M �4 � o � N N 0 • o 4° > N N z tn (1) Q N G N U a � ° 4J 04 7 wn M = 3 N O) 0 C) U Q }a s~ as O > (0 'Z q Q) ON O f 4 U KC E sa O -PLn its E Hri %;r . M 3 O f� S+ 1J I +� 41 O r� CY) t~ U1 3 •rl N 4) Ln d) P $ UNxNx U 3 a`' To: Sea-Tac Electric, Inc. 7056 S 220TH ST Kent, WA 98032-1910 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 5/12/2023 County_ Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $56.80 15J 4V 8Y View Screed King Laborers Airtrac Drill Operator $58.56 15J 4V 8Y View King Laborers Ballast Regular Machine $56.80 15J 4V 8Y View King Laborers Batch Weighman $48.14 15J 4V 8Y View King Laborers Brick Pavers $56.80 15J 4V 8Y View King Laborers Brush Cutter $56.80 15J 4V 8Y View King Laborers Brush Hog Feeder $56.80 15J 4V 8Y View King Laborers Burner $56.80 15J 4V 8Y View King Laborers Caisson Worker $58.56 15J 4V 8Y View King Laborers Carpenter Tender $56.80 15J 4V 8Y View King Laborers Cement Dumper-paving $57.84 15J 4V 8Y View King Laborers Cement Finisher Tender $56.80 15J 4V 8Y View King Laborers Change House Or Dry Shack $56.80 15J 4V 8Y View King Laborers Chipping Gun (30 Lbs. And $57.84 15J 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $56.80 15J 4V 8Y View King Laborers Choker Setter $56.80 15J 4V 8Y View King Laborers Chuck Tender $56.80 15J 4V 8Y View King Laborers Clary Power Spreader $57.84 15J 4V 8Y View King Laborers Clean-up Laborer $56.80 15J 4V 8Y View King Laborers Concrete Dumper/Chute $57.84 15J 4V 8Y View Operator King Laborers Concrete Form Stripper $56.80 15J 4V 8Y View King Laborers Concrete Placement Crew $57.84 15J 4V 8Y View King Laborers Concrete Saw Operator/Core $57.84 15J 4V 8Y View Driller King Laborers Crusher Feeder $48.14 15J 4V 8Y View King Laborers Curing Laborer $56.80 15J 4V 8Y View King Laborers Demolition: Wrecking Ft Moving $56.80 15J 4V 8Y View (Incl. Charred Material) King Laborers Ditch Digger $56.80 15J 4V 8Y View King Laborers Diver $58.56 15J 4V 8Y View King Laborers Drill Operator (Hydraulic, $57.84 15J 4V 8Y View Diamond) King Laborers Dry Stack Walls $56.80 15J 4V 8Y View King Laborers Dump Person $56.80 15J 4V 8Y View King Laborers Epoxy Technician $56.80 15J 4V 8Y View King Laborers Erosion Control Worker $56.80 15J 4V 8Y View King Laborers Faller Et Bucker Chain Saw $57.84 15J 4V 8Y View King Laborers Fine Graders $56.80 15J 4V 8Y View King Laborers Firewatch $48.14 15J 4V 8Y View King Laborers Form Setter $57.84 15J 4V 8Y View King Laborers Gabian Basket Builders $56.80 15J 4V 8Y View King Laborers General Laborer $56.80 15J 4V 8Y View King Laborers Grade Checker Et Transit Person $59.85 15J 4V 8Y View King Laborers Grinders $56.80 15J 4V 8Y View King Laborers Grout Machine Tender $56.80 15J 4V 8Y View King Laborers Groutmen (Pressure) Including $57.84 15J 4V 8Y View Post Tension Beams King Laborers Guardrail Erector $56.80 15J 4V 8Y View King Laborers Hazardous Waste Worker (Level $58.56 15J 4V 8Y View A) King Laborers Hazardous Waste Worker (Level $57.84 15J 4V 8Y View B) King Laborers Hazardous Waste Worker (Level $56.80 15J 4V 8Y View C) King Laborers High Scaler $58.56 15J 4V 8Y View King Laborers Jackhammer $57.84 15J 4V 8Y View King Laborers Laserbeam Operator $57.84 15J 4V 8Y View King Laborers Maintenance Person $56.80 15J 4V 8Y View King Laborers Manhole Builder-Mudman $57.84 15J 4V 8Y View King Laborers Material Yard Person $56.80 15J 4V 8Y View King Laborers Mold Abatement Worker $56.80 15J 4V 8Y View King Laborers Motorman-Dinky Locomotive $59.95 15J 4V 8Y View King Laborers nozzleman (concrete pump, $59.85 15J 4V 8Y View green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) King Laborers Pavement Breaker $57.84 15J 4V 8Y View King Laborers Pilot Car $48.14 15J 4V 8Y View King Laborers Pipe Layer (Lead) $59.85 15J 4V 8Y View King Laborers Pipe Layer/Tailor $57.84 15J 4V 8Y View King Laborers Pipe Pot Tender $57.84 15J 4V 8Y View King Laborers Pipe Reliner $57.84 15J 4V 8Y View King Laborers Pipe Wrapper $57.84 15J 4V 8Y View King Laborers Pot Tender $56.80 15J 4V 8Y View King Laborers Powderman $58.56 15J 4V 8Y View King Laborers Powderman's Helper $56.80 15J 4V 8Y View King Laborers Power Jacks $57.84 15J 4V 8Y View King Laborers Railroad Spike Puller - Power $57.84 15J 4V 8Y View King Laborers Raker -Asphalt $59.85 15J 4V 8Y View King Laborers Re-timberman $58.56 15J 4V 8Y View King Laborers Remote Equipment Operator $57.84 15J 4V 8Y View King Laborers Rigger/Signal Person $57.84 15J 4V 8Y View King Laborers Rip Rap Person $56.80 15J 4V 8Y View King Laborers Rivet Buster $57.84 15J 4V 8Y View King Laborers Rodder $57.84 15J 4V 8Y View King Laborers Scaffold Erector $56.80 15J 4V 8Y View King Laborers Scale Person $56.80 15J 4V 8Y View King Laborers Sloper (Over 20") $57.84 15J 4V 8Y View King Laborers Sloper Sprayer $56.80 15J 4V 8Y View King Laborers Spreader (Concrete) $57.84 15J 4V 8Y View King Laborers Stake Hopper $56.80 15J 4V 8Y View King Laborers Stock Piler $56.80 15J 4V 8Y View King Laborers Swinging Stage/Boatswain $48.14 15J 4V 8Y View Chair King Laborers Tamper Et Similar Electric, Air $57.84 15J 4V 8Y View Et Gas Operated Tools King Laborers Tamper (Multiple Et Self- $57.84 15J 4V 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $57.84 15J 4V 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $56.80 15J 4V 8Y View King Laborers Topper $56.80 15J 4V 8Y View King Laborers Track Laborer $56.80 15J 4V 8Y View King Laborers Track Liner (Power) $57.84 15J 4V 8Y View King Laborers Traffic Control Laborer $51.48 15J 4V 9C View King Laborers Traffic Control Supervisor $54.55 15J 4V 9C View King Laborers Truck Spotter $56.80 15J 4V 8Y View King Laborers Tugger Operator $57.84 15J 4V 8Y View King Laborers Tunnel Work-Compressed Air $158.87 15J 4V 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $163.90 15J 4V 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $167.58 15J 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $173.28 15J 4V 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $175.40 15J 4V 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $180.50 15J 4V 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $182.40 15J 4V 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $184.40 15J 4V 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $186.40 15J 4V 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $59.95 15J 4V 8Y View Tender King Laborers Tunnel Work-Miner $59.95 15J 4V 8Y View King Laborers Vibrator $57.84 15J 4V 8Y View King Laborers Vinyl Seamer $56.80 15J 4V 8Y View King Laborers Watchman $43.76 15J 4V 8Y View King Laborers Welder $57.84 15J 4V 8Y View King Laborers Well Point Laborer $57.84 15J 4V 8Y View King Laborers Window Washer/Cleaner $43.76 15J 4V 8Y View Signature: -0 202307:02PDT) Signature:Garin Email: glee@kentwa.gov Email: rlashley@kentwa.gov Signature: &-IGiI hLellylh 14,aell POT) Email: bjlevenhagen@kentwa.gov