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HomeMy WebLinkAboutCAG2022-053 - Amendment - #3 - GeoEngineers, Inc. - Mill Creek at 76th Ave S - 11/13/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dlr/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W ASH INGTGN Sheet forms. Originator: Department: Karin Bayes for Susanne Smith Public Works Date Sent: Date Required: c 11/13/2023 11/16/2023 Q Director or Designee to Sign. Date of Council Approval: Q N/A Budqet Account Number: Grant?:Yes:No D90121 Budget?W]Yes:No Type: N/A Vendor Name: Category: GeoEngineers, Inc. Contract Vendor Number: Sub-Category: Amendment 0 Project Name: Mill Creek at 76th Ave S E Project Details: Extend the time of completion to December 31, 2024 c c Agreement Amount: $0 Basis for Selection of Contractor: Other *Memo to Mayor must be attached a� Start Date: 11/13/2023 Termination Date: 12/31/2024 Q Local Business?0YesF--]No* If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"formonCityspoce. Business License Verification:YesElln-ProcessElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F_IYesF�No CAG2022-053 Comments: 3 GJ y •� i GJ 3 M C N Date Routed to the City Clerk's Office: 11/13/23 Interlocal Agreement has been uploaded to website: ad«W22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT WASHINGTON AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: GeoEngineers, Inc. CONTRACT NAME & PROJECT NUMBER: Mill Creek at 76th Avenue South Flood Protection Improvements ORIGINAL AGREEMENT DATE: February 8, 2022 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however, an amendment is needed to extend the time of completion to December 31, 2024 for services needed in 2024. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $7,890 including applicable WSST Net Change by Previous Amendments $13,911 including applicable WSST Current Contract Amount $21,801 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $21,801 AMENDMENT - 1 OF 2 Original Time for Completion 8/31/2023 (insert date) Revised Time for Completion under 12/31/2023 prior Amendments (insert date) Add'I Days Required (f) for this 365 Amendment Revised Time for Completion 12/31/2024 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: B B y. y. Print Name: 4nj/-r- Print Name: Carla Maloney, P.E. Its A%.soa -' -re &15 .4 e- Its: Design Engineering Manager DATE: l �z� DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Xd&" on behalf of Kent City Clerk Kent Law Department kb 11/7/2023 AMENDMENT - 2 OF 2 Client#: 326119 GEOENINC2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)6/30/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Please See Below USI Insurance Services NW CL PHONE 206 441-6300 FAx A/C No Ext: A/c No): 610-362-8530 601 Union Street, Suite 1000 a oRlEss, Seattle.PLCertRequest@usi.com Seattle, WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Charter Oak Fire Insurance Company 25615 INSURED INSURER B:Travelers Property Cas.Co.of America 25674 GeoEngineers, Inc. INSURER c:Farmington Casualty Company 41483 17425 NE Union Hill Road,Suite 250 Allied World Assurance Co US Inc. 19489 Redmond,WA 98052 INSURERD: ( ) 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X P6308W600538COF23 6/30/2023 06/30/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE x OCCUR PREMISES Ea occurence $1,000,000 X Stop Gap MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F X1 JECOT F LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Stop Gap $1,000,000 B AUTOMOBILE LIABILITY X X 8108W4832012343G 6/30/2023 06/30/202 (CEO,MINED aocid.n SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROP DAMAGE X ER AUTOS ONLY X AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR X X CUP8W6652292343 6/30/2023 06/30/2024 EACH OCCURRENCE $1 O 000 000 EXCESS LIAB CLAIMS-MADE (Follow Form) AGGREGATE $10 000 000 DED I X RETENTION$10000 $ `+ WORKERS COMPENSATION X UB9T8195922343G 6/30/2023 06/30/202 X STATUTE EERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N Includes: E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F_N] N/A (Mandatory in NH) MEL/USL&H E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution X X 03138963 6/30/2023 06/30/202 10,000,000 Ea.Condition Liability 10,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: GeoEngineers Project No. 0410-206-00- Mill Creek,76th Avenue South Roadway Improvements, Kent, Washington. City of Kent is Additional Insured,coverage is primary and non-contributory and waiver of subrogation applies as respects General Liability and Automobile Liability if required by written contract per attached endorsement. Umbrella Liability Follows Form. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-0000 AUTHORIZE.rDS REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S40631637/M40550727 J BCZP This page has been left blank intentionally. Policy#: P-630•$w600538-COF43 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2023-06/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN (a) The Additional Insured — Owners, Les- INSURED: sees or Contractors — Scheduled Person Any person or organization that. or organization endorsement CG 20 10 a. You agree in a written contract or agreement to 07 04 of CG 20 10 04 13, the Additional include as an additional insured on this Coverage Insured — Owners, Lessees or Contrac- Part: and tors — Completed Operations endorse- ment CG 20 37 07 04 or GG 24 37 04 13, b. Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse- of those edition dates: or ment under this Coverage Part which includes (b) Either or both of the following: the Addi- such person or organization in the endorsement's tional Insured—Owners, Lessees or Con- schedule, tractors — Scheduled Person Or Organi- is an insured, but: zation endorsement CG 20 10. or the Ad- a. Only with respect to liability for "bodily injury" or ditional Insured — Owners, Lessees or "property damage" that occurs, or for "personal Contractors — Completed Operations en- injury" caused by an offense that is committed, dorsement CG 20 37, without an edition subsequent to the signing of that contract or date of such endorsement specified; agreement and while that part of the contract or the person or organization is an additional in- agreement is in effect; and sured only if the injury or damage is caused, b. Only as described in Paragraph (1). (2) or (3) be- in whole or in part, by acts or omissions of low, whichever applies: you or your subcorrtractor in the performance (1) If the written contract or agreement specifical- of"your work"to which the written contract or ly requires you to provide additional insured agreement applies: or coverage to that person or organization by (3) If neither Paragraph(1) nor(2) above applies: the use of: (a) The person or organization is an addi- (a) The Additional Insured — Owners. Les- tional insured only if, and to the extent sees or Contractors — (Form B) endorse- that, the injury or damage is caused by meat CG 20 10 11 85; or acts or omissions of you or your subcon- (b) Either or both of the following: the Addi- tractor in the performance of"your work" tional Insured —Owners. Lessees or Con- to which the written contract or agree- tractors — Scheduled Person Or Organi- meat applies; and zation endorsement CG 20 10 10 01. or (b) Such person or organization does not the Additional Insured —Owners, Lessees qualify as an additional insured with re- or Contractors — Completed Operations spect to the independent acts or omis- endorsement CG 20 37 10 01: sions of such person or organization. the person or organization is an additional in- The insurance provided to such additional insured is sured only if the injury or damage arises out subject to the following provisions: Of"your work"to which the written contract or a. If the Limits of Insurance of this Coverage Part agreement applies; shown in the Declarations exceed the minimum (2) If the written contract or agreement specifical- limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in- coverage to that person or organization by sured will be limited to such minimum required the use of: limits. For the purposes of determining whether CG D6 04 02 19 P 2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY Policy#: P-630-$w600538-COF-23 Effective. 06/30/2023-06/30/2024 this limitation applies,the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Urn- (a) How, when and where the "occurrence" brella or Excess liability coverage required for the or offense took place: additional insured by that written contract or (fr) The names and addresses of any injured agreement. This provision will not increase the persons and witnesses; and limits of insurance described in Section III —Limits Of Insurance. (c) The nature and location of any injury or b. The insurance provided to such additional insured damage arising out of the"occurrence" or does not apply to: Offense, (1) Any "bodily injury", "property damage" or (2) If a claim Is made or "suit" is brought against "personal injury" arising out of the providing, the additional insured: or failure to provide, any professional archi- (a) Immediately record the specifics of the tectural. engineering or surveying services, claim or"suit" and the date received; and including: (b) Notify us as soon as practicable and see (a) The preparing, approving, or failing to to it that we receive written notice of the prepare or approve, maps, shop draw. claim or"suit" as soon as practicable. ings, opinions, reports, surveys, field or- (3) Immediately send us copies of all legal pa- ders or change orders. or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit". cooperate with us in the investigation prove. drawings and specifications; and or settlement of the claim or defense against (b) Supervisory, inspection, architectural or the "suit", and otherwise comply with all policy engineering activities, conditions, (2) Any "bodily injury" or "property damage" (4) Tender the defense and indemnity of any caused by "your work" and included in the claim or "suit" to any provider of other insur- "prod ucts-completed operations hazard" un- ance which would cover such additional fin- less the written contract or agreement specifl- sured for a loss we cover. However. this con- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period. to other insurance available to such additional c. The additional insured must comply with the fol- insured which covers that person or organiza- lowing duties: tion as a named insured as described in Par- (1) Give us written notice as soon as practicable agraph 4., Other Insurance. of Section IV — of an "occurrence" or an offense which may Commercial General Liability Conditions. Page 2 of 2 C 2017 The Travelers Indemnity Company.All rights reserved. CG Q6 04 02 19 Policy: P-630-8W600538-CQF-23 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2023-06/30/2024 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (1) The "bodily injury" or "property damage" is the entire policy carefully to determine rights,duties and caused by an"occurrence" that takes place what is and is not covered. in the"coverage territory"; Throughout this policy the words "you" and "your" refer (2) The "bodily injury' or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named (3) Prior to the policy period, no insured listed Insured under this policy. The words "we", "us" and "our"refer to the company providing this insurance. under Paragraph 1. of Section II -Who Is An Insured and no employee' authorized The word "insured" means any person or organization by you to give or receive notice of an qualifying as such under Section II - Who Is An "occurrence" or claim knew that the "bodily Insured. injury' or"property damage" had occurred, Other words and phrases that appear in quotation in whole or in part. If such a listed insured marks have special meaning. Refer to Section V - or authorized "employee" knew, prior to the Definitions. policy period, that the "bodily injury' or property damage occurred, then any SECTION I -COVERAGES continuation, change or resumption of such COVERAGE A-BODILY INJURY AND PROPERTY "bodily injury' or "property damage" during DAMAGE LIABILITY or after the policy period will be deemed to 1. Insuring Agreement have been known prior to the policy period. a. We will pay those sums that the insured c• "Bodily injury" or "property damage" which becomes legally obligated to pay as damages occurs during the policy period and was not, because of"bodily injury' or"property damage" prior to the policy period, known to have to which this insurance applies. We will have occurred by any insured listed under Paragraph the right and duty to defend the insured against 1. of Section Il - Who Is An Insured or any any "suit" seeking those damages, However, „e�ioy�„ authorized by you to give or receive we will have no duty to defend the insured notice of an occurrence or claim, Includes any against any "suit" seeking damages for "bodily continuation, change or resumption of that injury' or "property damage" to which this "bodily injury" or "property damage" after the insurance does not apply. We may, at our end of the policy period. discretion, investigate any "occurrence" and d. "Bodily injury' or "property damage" will be settle any claim or"suit"that may result.But: deemed to have been known to have occurred (1) The amount we will pay for damages is at the earliest time when any insured listed limited as described in Section III - Limits Under Paragraph 1. of Section II - Who 1s An Of Insurance; and Insured or any"employee" authorized by you to give or receive notice of an "occurrence" or (2) Our right and duty to defend end when we claim: have used up the applicable limit of insurance in the payment of judgments or (1) Reports all, or any part, of the "bodily injury' or "property damage' to us or any settlements under Coverages A or B or other insurer: medical e>q)enses under Coverage C. No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the "bodily explicitly provided for under Supplementary injury'or"property damage": or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury" and "bodily injury" or "property damage" has "property damage" only if: occurred or has begun to occur. CG T1 00 02 19 Oc 2017 The Travelers Indemnity company.All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. COMMERCIAL GENERAL LIABILITY Policy 4: P-630-BW600538-COF-23 E ffective: 06/30/202 3-06/30/2 0 24 e. Damages because of "bodily injLrry' include (3) Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. anytime from the"bodily injury". This excusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, This insurance does not apply to: serving or furnishing alcoholic beverages. For a. Expected Or Intended Injury the purposes of this exclusion, permitting a person to bring alcoholic beverages on your "Bodily injury'or"property damage"expected or premises, for consumption on your premises, intended from the standpoint of the insured. whether or not a fee is charged or a license is This exclusion does not apply to "bodily injury" required for such activity, is not by itself or "property damage" resulting from the use of considered the business of selling, serving or reasonable force to protect persons or property. furnishing alcoholic beverages. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury" or "property damage" for which Any obligation of the insured under a workers' the insured is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability in a unemployment compensation law or any similar contract or agreement. This exclusion does not law. applyto liability for damages: e. Employer's Liability (1) That the insured would have in the absence "Bodily injury'to: of the contract or agreement; or (1) An "employee" of the insured arising out of (2) Assumed in a contract or agreement that is and in the course of: an "insured contract", provided that the "bodily injury" or"property damage" occurs [a) Employment by the insured; or subsequent to the execution of the contract (b) Performing duties related to the or agreement. Solely for the purposes of conduct of the insured's business; or liability assumed in an "insured contract", (2) The spouse, child, parent, brother or sister reasonable attorneys' fees and necessary of that "employee" as a consequence of litigation expenses incurred by or for a party Paragraph(1)above. other than an insured will be deemed to be damages because of "bodily injury' or This exclusion applies whether the insured may "property damage", provided that: be liable as an employer or in any other capacity and to any obligation to share damages with or (a) Liability to such party far, or far the repay someone else who must pay damages cost of, that party's defense has also because of the injury. been assumed in the same "insured contract and This exclusion does not apply to liability (b) Such attorneys' fees and litigation assumed by the insured under an "insured contract". expenses are for defense of that party against a civil or alternative dispute f. ollutian resolution proceeding in which (1) "Bodily injury" or"property damage" arising damages to which this insurance Out of the actual, alleged or threatened applies are alleged. discharge, dispersal, seepage, migration, c. Liquor Liability release or escape of"pollutants": "Bodily injury" or "property damage" for which (a) At or from any premises, site or any Insured may be held liable by reason of: location which is or was at any time owned or occupied by, or rented or (1) Causing or contributing to the intoAcation loaned to, any Insured. However, this of any person; subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Bodily injury' if sustained within a person under the legal drinking age or building and caused by smoke, under the influence of alcohol: or fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 Oc 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Policy#: P-630-8W600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2023-06/30/2024 is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts. if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a (ii) "Bodily injury' or "property vehicle part designed to hold, store damage' for which you may be or receive them. This exception held liable, if you are a contractor does not apply if the"bodily injury" and the owner or lessee of such or"property damage" arises out of premises, site or location has been the intentional discharge, dispersal added to your policy as an or release of the fuels, lubricants additional insured with respect to or other operating fluids, or if such your ongoing operations performed fuels, lubricants or other operating for that additional insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to, any the operations being performed by insured, other than that additional such insured, contractor or insured; or subcontractor; (iii) "Bodily injury' or "property (ii) "Bodily injury' or "property damage" arising out of heat, damage" sustained within a smoke or fumes from a "hostile building and caused by the release fire"; of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor:or processing or treatment of waste; (iii) "bodily injury' or "property (c) If such "pollutants" are or were at any damage" arising out of heat, time transported, handled, stored, smoke or fumes from a "hostile treated, disposed of, or processed as waste by or for: fire": or (i) Any insured;or (e) At or from any premises, site or (ii) Any person or organization for location on which any insured or any whom you may be legally contractors or subcontractors working responsible; directly or indirectly on any insured's behalf are or were at any time (d) At or from any premises, site or performing operations to test for, location on which any insured or any monitor. clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in any directly or indirectly on any insured's way respond to, or assess the effects behalf are performing operations if the of, 'pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any loss, cost or expense arising out of with such operations by such insured, any: contractor or subcontractor. However, (a) Request, demand, order or statutory or this subparagraph does not apply to-- regulatory requirement that any insured (i) "Bodily injury' or "property or others test for, monitor, clean up, damage' arising out of the escape remove, contain, treat, deto)afy or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of, "pollutants";or CG T1 00 02 19 Oc 2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. COMMERCIAL GENERAL LIABILITY Policy#: P-630-8W600538-GOF-23 Effective: 06/30/2023-06/30/2024 (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f,(3) of the definition of "mobile testing for, monitoring, cleaning up, equipment"; or removing, containing, treating, (6) An aircraft that is: detoxifying or neutralizing, or in any way responding to, or assessing the (a) Chartered with a pilot to any insured; effects of, "pollUtarrts". (b) Not owned by any insured;and g. Aircraft, Auto Or Watercraft (c) Not being used to carry any person or "Bodily injury' or "property damage" arising out property for a charge. of the ownership, maintenance, use or h. Mobile Equipment entrustment to others of any aircraft, "auto" or "Bodily injury' or "property damage" arising out watercraft owned or operated by or rented or of: loaned to any insured. Use includes operation and"loading or unloading". (1) The transportation of "mobile equipment" by an "auto" owned or operated by or This exclusion applies even if the claims rented or loaned to any insured; or against any insured allege negligence or other wrongdoing in the supervision, hiring, (2) The use of "mobile equipment" in, or while employment, training or monitoring of others by in practice for, or while being prepared for, that insured, if the 'occurrence" which caused any prearranged racing, speed, demolition, the"bodily injury' or"property damage" invotved or stunting activity. the ownership, maintenance. use or i. War entrustment to others of any aircraft. "auto" or "Bodily injury' or "property damage" arising out watercraft that is owned or operated by or of: rented or loaned to any insured. (1) War, including undeclared or civil war; This exclusion does not apply to (2) Warlike action by a military force, including (1) A watercraft while ashore on premises you action in hindering or defending against an own or rent: actual or expected attack, by any (2) A watercraft you do not own that is: government, sovereign or other authority (a) 50 feet long or less; and using military personnel or other agents; or (b) Not being used to carry any person or (3) Insurrection, rebellion, revolution, usurped property for a charge; power, or action taken by governmental authority in hindering or defending against (3) Parking an "auto" on, or on the ways nexd any of these. to, premises you own or rent, provided the "auto" is not owned by or rented or loaned 1• Damage To Property to you or the insured; "Property damage"to: (4) Liability assumed under any "insured (1) Property you own, rent, or occupy; contract" for the ownership, maintenance or including any costs or expenses incurred use of aircraft or watercraft: by you, or any other person,organization or (5) "Bodily injury' or"property damage" arising entity, for repair, replacement, out of: enhancement, restoration or maintenance (a) The operation of machinery or of such property for any reason, including prevention of injury to a person or damage equipment that is attached to, or part to another's property; of, a land vehicle that would qualify as "mobile equipment" under the definition (2) Premises you sell, give away or abandon, if of "mobile equipment" if such land the "property damage" arises out of any vehicle were not subject to a part of those premises; compulsory or financial responsibility (3) Property loaned to you; law, or other motor vehicle insurance (4) Personal property in the care, custody or law, where it is licensed or principally control of the insured; garaged; or Page 4 of 21 Oc 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Policy#: P-630-8W600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2023-06/30/2024 (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly Use. on your behalf are performing operations, if n. Recall Of Products, Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or expense (6) That particular part of any property that incurred by you or others for the loss of use, must be restored, repaired or replaced withdrawal, recall, inspection, repair. because "your work" was incorrectly replacemertt, adjustment, removal or disposal performed on rt. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "premises damage". A separate (2) "Your work";or limit of insurance applies to"premises damage" as described in Paragraph 6. of Section III — (3) "Impaired property'; Limits Of Insurance. if such product. work, or property is withdrawn Paragraph (2) of this exclusion does not apply if or recalled from the market or from use by any the premises are "your work" and were never person or organization because of a known or occupied, rented or held for rental by you. suspected defect, deficiency, inadequacy or Paragraphs (3), (4), (5) and (6) of this dangerous condition in it. exclusion do not apply to liability assumed o. Personal And Advertising Injury under a sidetrack agreement. "Bodily injury" arising out of "personal and Paragraph (6) of this exclusion does not apply advertising injury'. to"property damage" included in the"products- p. Electronic Data completed operations hazard"- Damages arising out of the loss of, loss of use k. Damage To Your Product of, damage to, corruption of, inability to access, "Property damage" to"your product"arising out or inability to manipulate"electronic data of it or any part of it. However, this exclusion does not apply to I. Damage To Your Work liability for damages because of"bodily injury', "Property damage" to "your work" arising out of cl. Unsolicited Communication it or any part of it and included in the"products- "Bodily injury" or "property damage" arising out completed operations hazard". of any actual or alleged violation of any law that This exclusion does not apply if the damaged restricts or prohibits the sending, transmitting work or the work out of which the damage or distributing of"unsolicited communication". arises was performed on your behalf by a subcontractor. r. Access Or Disclosure Of Confidential Or Personal Information m. Damage To Impaired Property Or Property Not Physically Injured "bodily injury' or"property damage" arising out of any access to or disclosure of any person's "Property damage" to "Impaired property' or or organizations confidential or personal property that has not been physically injured, information. arising out of: s. Asbestos (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or (1) "Bodily injury' or"property damage" arising "your work"; or out of the actual or alleged presence or (2) A delay or failure by you or anyone acting actual, alleged or threatened dispersal of on your behalf to perform a contract or asbestos, asbestos fibers or products agreement in accordance with its terms. containing asbestos, provided that the "bodily injury" or "property damage" is This exclusion does not apply to the loss of use caused or contributed to by the hazardous of other property arising out of sudden and properties of asbestos. CG T1 00 02 19 Oc 2017 The Travelers Indemnity company.All rights reserved. Page 5 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. Po#icy#. P-630-8W600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06130/2023.06/30/2024 (2) "Bodily injury' or"property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph(a), (b), or(c)above is directed. actual, alleged or threatened dispersal of This exclusion applies whether the insured may any solid. liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors, and to any obligation to share damages with or soot. fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the"bodily in jury'. "suit" which also alleges any "bodily injury' Exclusions c, through n. do not apply to "premises or "property damage" described in damage". A separate limit of insurance applies to Paragraph (1)above. 'premises damage" as described in Paragraph fi.of (3) Any loss, cost or expense arising out of Section Ili—Limits Of Insurance. any: COVERAGE B—PERSONAL AND ADVERTISING (a) Request. demand, order or statutory or INJURY LIABILITY regulatory requirement that any insured 1, Insuring Agreement or others test for, monitor, clean up, a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to,or because of "personal and advertising injury" to assess the effects of, asbestos, which this insurance applies. We will have the asbestos fibers or products containing right and duty to defend the insured against any asbestos; or "suit" seeking those damages. However, we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and person or organization because of advertising injury" to which this insurance does testing for, monitoring, cleaning lip, not apply. We may, at our discretion; removing, containing, treating, investigate any offense and settle any claim or detoxofying or neutralizing, or in any "suit"that may result. But: way responding to, or assessing the (1) The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. of Insurance; and t. Ernployment-Related Practices (2) Our right and duty to defend end when we "Bodily injury'to: have used up the applicable limit of (1) A person arising out of any: insurance in the payment of judgments or (a) Refusal to employ that person; settlements under Coverages A or B or (b) Termination of that person's medical expenses under Coverage C. employment; or No other obligation or liability to pay sums or (c) Employment-related practice, policy, perform acts or services is covered unless act or omission. such as coercion. explicitly provided for under Supplementary demotion, evaluation. reassignment. Payments. discipline, failure to promote or b. This insurance applies to "personal and advance, harassment, humiliation, advertising injury' caused by an offense arising discrimination, libel, slander, violation out of your business but only if the offense was of the person's right of privacy, committed in the"coverage territory' during the malicious prosecution or false arrest, policy period. detention or imprisonment applied to or 2. Exclusions directed at that person, regardless of whether such practice, policy, act or This insurance does not apply to: omission occurs, is applied or is a. Knowing Violation Of Rights Of Another committed before, during or after the "Personal and advertising injury" caused by or time of that person's employment; or at the direction of the insured with the (2) The spouse, child, parent, brother of sister knowledge that the act would violate the rights of that person as a consequence of"bodily of another and would inflict "personal and injury" to that person at whom any of the advertising injury'. Page 6 of 21 G 2017 The Travelers lnderrnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Policy4: P-630-SW600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2023-06/30/2024 This exclusion does not apply to "personal against a civil or alternative dispute injury'caused by malicious prosecution. resolution proceeding in which b. Material Published With Knowledge Of darnages to which this insurance Falsity applies are alleged. "Personal and advertising injury' arising out of f. Breach Of Contract oral or written publication. including publication "Advertising injury' arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of g. Quality Or Performance Of Goods—Failure its falsity. To Conform To Statements c. Material Published Or Used Prior To Policy "Advertising injury' arising out of the failure of Period goods, products or services to conform with (1) "Personal and advertising injury'arising out any statement of quality or performance made of oral or written publication, including in your"advertisement". publication by electronic means,of material h. Wrong Description Of Prices whose first publication took place before the beginning of the policy period; or "Advertising injury" arising out of the wrong description of the price of goods, products or (2) "Advertising injury' arising out of services stated in your"advertisement". infringement of copyright, "title" or"slogan" in your "advertisement" whose first i. Intellectual Property infringement in your "advertisement" was "Personal and advertising injury' arising out of committed before the beginning of the any actual or alleged infringement or violation of policy period, any of the following rights or laws, or any other d. Criminal Acts "personal and advertising injury' alleged in any claim or "suit" that also alleges any such "Personal and advertising injury'arising out of a infringement or violation criminal act committed by or at the direction of the insured. (1) Copyright; e. Contractual Liability (2) Patent; "Personal and advertising injury" for which the (3) Trade dress; insured has assumed liability in a contract or (4) Trade name; agreement. This exclusion does not apply to (5) Trademark; liability for damages' (5) Trade secret; or (1) That the insured would have in the absence of the contract or agreement, or (7) Other intellectual property rights or laws. (2) Because of "personal injury' assumed by This exclusion does not apply to: you in a contract or agreement that is an (1) "Advertising injury' arising out of any actual "insured contract", provided that the or alleged infringement or violation of "personal injury' is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your"advertisement"; or the contract or agreement. Solely for the purposes of liability assumed by you in an (2) Any other "personal and advertising injury" "insured contract", reasonable attorneys' alleged in any claim or "suit" that also fees and necessary litigation expenses alleges any such infringement or violation incurred by or for a party other than an of another's copyright, "title" or "slogan" in insured will be deemed to be damages your"advertisement". because of"personal injury', provided that: j, Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that partys defense has also "Personal and advertising injury" caused by an been assumed by you in the same offense committed by an insured whose "insured contract", and business Is: (b) Such attorneys' fees and litigation expenses are for defense of that party (1) Advertising, "broadcasting" or publishing; CG T1 00 02 19 G 2017 The Travelers Indemnity company.All rights reserved. Page 7 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. COMMERCIAL GENERAL LIABILITY Policytl: P-6304w600538-COF-23 Effective: 06/30/2023-06/30/2024 (2) Designing or determining content of neutralizing, or in any way responding to, or websites for Others; or assessing the effects of, "pollutants". (3) An Internet search, access, content or o. War service provider. "Personal and advertising injury"arising out of However, this exclusion does not apply to (1) War, including undeclared or civil war; Paragraphs a.(1), (2) and (3)of the definition of "personal injury'. (2) Warlike action by a military force, including action in hindering or defending against an For the purposes of this exclusion: actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports, or (3) Insurrection, rebellion, revolution; usurped newsletters about your goods, products or power, or action taken by governmental services will not be considered the authority in hindering or defending against business of publishing; and any of these. (2) The placing of frames, borders or links, or p, Unsolicited Communication advertising, for you or others anywhere on the Internet will not, by itself, be considered "Personal and advertising injury' arising out of the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing, restricts or prohibits the sending, transmitting or distributing of"unsolicited communication". k. Electronic Chatrooms Or Bulletin Boards q. Access Or Disclosure Of Confidential Or "Personal and advertising injury' arising out of Personal Information an electronic chatroom or bulletin board the "Personal and advertising injury' arising out of insured hosts or awns, or over which the any access to or disclosure of any person's or insured exercises control. organ¢ation's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury" arising out of (1) "Personal and advertising injury'arising out the unauthorized use of another's name or product in your e-mail address,domain name or of the actual or alleged presence or actual, 1�letatag. or any other similar tactics to mislead alleged or threatened dispersal of asbestos, asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and m. Pollution advertising injury" is caused or contributed "Personal and advertising injury" arising out of to by the hazardous properties of asbestos. the actual, alleged or threatened discharge, (2) "Personal and advertising injury'arising out dispersal, seepage; migration, release or of the actual or alleged presence or actual, escape of"pollutants" at anytime. alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or In. Pollution-Related contaminant, including smoke, vapors, Any loss,cost or expense arising out of any: soot. fumes, acids, alkalis, chemicals and (1) Request, demand, order or statutory or waste, and that are part of any claim or regulatory requirement that any insured or "suit" which also alleges any"personal and others test for, monitor, clean up, remove, advertising injury' described in Paragraph contain, treat, detoxify or neutralize, or in (1)above. any way respond to, or assess the effects (3) Any loss, cost or expense arising out of of,"pollutants': or any: (2) Clairn or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, removing, remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to: or Page 8 of 21 Oc 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Policy4: 13-630-SW600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06130/2023-06130/2024 assess the effects of, asbestos, (3) Because of your operations; asbestos fibers or products containing provided that: asbestos; or (a) The accident takes place in the "coverage (b) Claim or suit by or on behalf of any territory' and during the policy period; governmental authority or any other person or organization because of (b) The expenses are incurred and reported to testing for, monitoring, cleaning up, us within one year of the date of the removing, containing, treating, accident;and deto)afying or neutralizing, or in any (c) The injured person submits to examination. way responding to, or assessing the at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos. b. We will make these payments regardless of s. Employment-Related Practices fault. These payments will not exceed the "Personal injury"to: applicable limit of insurance. We will pay (1) A person arising cut of any: reasonable expenses for: (a) Refusal to employ that person; (1) First aid administered at the time of an accident; (b) Termination of that person's (2) Necessary medical, surgical, X-ray and employment; or dental services, including prosthetic (c) Employment-related practice, policy, devices; and act or omission, such as coercion. (3) Necessary ambulance, hospital, demotion, evaluation, reassignment, professional nursing and funeral services. discipline, failure to promote or advance, harassment, humillation, �� Exclusions discrimination, libel, slander, violation We will not pay expenses for"bodily injury': of the person's right of privacy, a. Any insured malicious prosecution or false arrest, To any insured, except "volunteer workers". detention or imprisonment applied to or directed at that person, regardless of b. Hired Person whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, is applied or is any insured or a tenant of any insured. committed before, during or after the c. Injury On Normally Occupied Premises time of that person's employment: or To a person injured on that pail of premises (2) The spouse, child, parent, Brother or sister you own or rent that the person normally of that person as a consequence of occupies, "Personal injury" to that person at whom any of the employment-related practices d. Workers' Compensation And Similar Laws described in Paragraph (a), (b), or (c) To a person, whether or not an "employee" of above is directed. any insured, if benefits for the"bodily injury"are This exclusion applies whether the insured may payable or must be provided under a workers' be liable as an employer or in any other capacity compensation or disability benefits law or a and to any obligation to share damages with or similar law. repay someone else who must pay damages e. Athletics Activities because of the"personal injury'. To a person injured while practicing, instructing COVERAGE C—MEDICAL PAYMENTS or participating in any physical exercises or 1. Insuring Agreementgames. sports.or athletic contests. a. We will pay medical expenses as described f. Products-Completed Operations Hazard beiowfor"bodily injury' caused by an accident: included within the "products-completed (1) On premises you own or rent: operations hazard". (2) On ways next to premises you own or rent; g• Coverage A Exclusions or Excluded under Coverage A. CG T1 00 02 19 Oc 2017 The Travelers Indemnity Company.All rights reserved. Page 9 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. Policy#: P-630-8W600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2021-06/30/2074 SUPPLEMENTARY PAYMENTS assumed by the insured in the same "insured 1. We will pay, with respect to any claim we contract"; investigate or settle, or any"suit" against an insured d. The allegations in the "suit" and the information we defend- we know about the 'occurrence" or offense are such that no conflict appears to exast between a. All expenses we incur. the interests of the insured and the interests of b. Up to$2,500 for the cost of bail bonds required the indemnitee: because of accidents or traffic law violations e. The indemnitee and the insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that do not have to furnish these bonds, we can assign the same counsel to defend the c. The cost of bonds to release attachments. but insured and the indemnitee; and only for bond amounts within the applicable limit f. The indemnitee; of insurance. We do not have to furnish these (1) Agrees in writing to: bonds. (a) Cooperate with us in the investigation, d. All reasonable expenses incurred by the settlement or defense of the"suit"; insured at our request to assist us in the (b) Immediately send us copies of any investigation or defense of the claim or "suit", demands, notices, summonses or legal including actual loss of eamings up to $500 a papers received in connection with the day because of time off from work. "suit"; e. All court costs taxed against the insured in the (c) Notify any other insurer whose "suit". However, these payments do not include coverage is available to the indemnitee; attorneys' fees or attorneys' expenses taxed and against the insured. (d) Cooperate with us with respect to f. Prejudgment interest awarded against the coordinating other applicable insurance insured on that part of the judgment we pay. if available to the indemnitee', and we make an offer to pay the applicable limit of (2) Provides us with written authorization to: insurance, we will not pay any prejudgment interest based on that period of time after the (a] related lced records and other information to the"suit";and offer, r g. All interest on the full amount of any judgment (b) Conduct and control the defense of the that accrues after entry of the judgment and indemnitee in such "suit". before we have paid, offered to pay, or So long as the above conditions are met, attorneys' deposited in court the part of the judgment that fees incurred by us in the defense of that is within the applicable limit of insurance. indemnitee, necessary litigation expenses incurred These payments will not reduce the limits of by us and necessary litigation expenses incurred by insurance. the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the 2. If we defend an insured against a "suit" and an provisions of Paragraph 2.b.(2) of Section I — indemnitee of the insured is also named as a party Cmerages — Coverage A — Bodily Injury And to the "suit", we will defend that indemnitee if all of Property Damage Liability or Paragraph 2.e. of the following conditions are met: Section I — Coverages — Coverage B — Personal a. The "suit" against the indemnitee seeks And Advertising Injury Liability, such payments will damages for which the insured has assumed not be deemed to be damages for "bodily injury", the liability of the indemnitee in a contract or "property damage" or "personal injury', and will not agreement that is an"insured contract": reduce the limits of insurance. b. This Insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured; and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indemnitee, has also been ends when: Page 10 of 21 Oc 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Policy#: P-630-8W600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06/30f 2023-06/30/2024 a. We have used up the applicable limit of workers" while performing duties insurance in the payment of judgments, related to the conduct of your settlements or medical expenses; or business; b. The conditions set forth above, or the terms of (b) To the spouse, child, parent, brother or the agreement described in Paragraph f. above, sister of that co-"employee" or are no longer met. "volunteer worker" as a consequence SECTION II—WHO IS AN INSURED of Paragraph (1)(a)above: 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole owner. of the injury described in Paragraph (1)(a)or(b)above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and their spouses are also insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an insured. Unless you are in the business or Your members are also insureds, but only with occupation of providing professional healthcare services, Paragraphs {1}{a}, (b}, {c} respect to the conduct of your business. Your and {d} above d❑ not apply to"bodily injury" managers are insureds, but only with respect to arising out of providing or failing to provide their duties as your managers, first aid or "Good Samaritan services" by d. An organization other than a partnership, joint any of your "employees" or "volunteer venture or limited liability company, you are an workers", other than an employed or insured. Your"executive officers" and directors volunteer doctor. Any such "employees" or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your provide first aid or "Good Samaritan stockholders are also insureds, but only with servdces" during their work hours for you respect to their liability as stockholders. will be deemed to be acting within the e. A trust, you are an insured. Your trustees are scope of their employment by you or also insureds, but only with respect to their performing duties related to the conduct of duties as trustees. your business. 2. Each of the fallowing is also an insured: (2) "Property damage" to property: a. Your"wlunteer workers" only while performing (a) Owned. occupied or used by, duties related to the conduct of your business, (b) Rented to, in the care, custody or or your "employees", other than either your control of, or over which physical "executive officers" (if you are an organization control is being exercised for any other than a partnership, joint venture or limited purpose by, liability company) or your managers (if you are a you, any of your "employees", "volunteer limited liability company), but only for acts workers", any partner or member(if you are within the scope of their employment by you or a partnership or joint venture), or any while performing duties related to the conduct member f of your business. However, none of these company)- "employees" or "volunteer workers" are b. Any person {other than your "employee" or insureds for: 'volunteer worker"), or any organization, while (1) "Bodily injury'or"personal injury'- acting as your real estate manager. (a) To you, to your partners or members(if c. Any person or organization having proper you are a partnership or joint venture), temporary custody of your property if you die, to your members (if you are a limited but only: liability company), to a co-"employee" while in the course of his or her (1) With respect to liability arising out of the employment or performing Buttes maintenance or use of that property, and related to the conduct of your (2) Until your legal representative has been business, or to your other "volunteer appointed. CG T1 00 02 19 Oc 2017 The Travelers Indemnity company.All rights reserved. Page 11 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. COMMERCIAL GENERAL LIABILITY Policy#: P-630.8W60053a-COF-23 Effective: 06/30/2023-06/30/2Q24 d. Your legal representative if you die, but only b. Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following e. Any person or organization that, with your provisions: egress or implied consent, either uses or is a. The limits of insurance provided to such responsible for the use of a watercraft that you premises owner. manager or lessor will be the do not own that is: minimum limits that you agreed to provide in the (1) 50 feet long or less; and written contract or agreement, or the limits (2) Not being used to carry any person or shown in the Declarations.whichever are less, property for a charge. b. The insurance provided to such premises 3. Any organization you newly acquire or form, other owner- manager or lessor does not apply to: than a partnership, joint venture or limited liability (1) Any "bodily injury" or "property damage" company, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury' caused by an offense that is than 50%, will qualify as a Named Insured if there is committed,after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However: (2) Structural alterations, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period. lessor. whichever is earlier: 5 Any person or organization that is an equipment b. Coverage A does not apply to"bodily injury' or lessor and that you have agreed in a written contract "property damage" that occurred before you or agreement to include as an additional insured on acquired or formed the organization, and this Coverage Part is an insured, but only with c. Coverage B does not apply to "personal and respect to liability for "bodily injury', "property advertising injury' arising out of an offense damage", or"personal and advertising injury that: committed before you acquired or formed the a. Is "bodily injury' or "property damage" that organization. occurs, or is "personal and advertising injury' For the purposes of Paragraph 1, of Section II — caused by an offense that is committed. Who Is An Insured, each such organization will be subsequent to the signing of that contract or deemed to be designated in the Declarations as: agreement; and b. Is caused. in whole or in part, by your acts or a. An organization, other than a partnership, joint omissions in the maintenance, operation or use venture or limited liability company; or of equipment leased to you by such equipment b. A trust; lessor. as indicated in its name or the documents that The insurance provided to such equipment lessor is govern its structure, subject to the following provisions: 4. Any person or organization that: is a premises a. The limits of insurance provided to such owner, manager or lessor and that you have agreed equipment lessor will be the minimum limits that you agreed to provide in the written contract or in a written contract or agreement to include as an additional) insured on this Coverage Part is an agreement, w the limits shown in the Declarations, whichever are less. insured, but only with respect to liability for "bodily b. The insurance provided to such equipment injury', "property damage" or "personal and advertising that: lessor does not apply to any "bodily injury" or g In fu "property damage" that occurs, or "personal a. Is "bodily injury" or "property damage" that and advertising injury' caused by an offense occurs, or is "personal and advertising injury' that is committed, after the equipment lease caused by an offense that is committed, e)pires. subsequent to the signing of that contract or No person or organization is an insured with respect to agreement; and the conduct of any current or past partnership, joint Page 12 of 21 G 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services office,Inc. with its permission. Policy tl: P-630-8W600538-COF-23 Effective; 06/40/2023-06/30/2024 COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not showr7 as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Lirnit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part:or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II—Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III—LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph 5. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury"sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing"suits", the beginning of the policy period shown in the 2. The General Aggregate Limit is the most we will pay Declarations. unless the policy period is extended after for the sum of; issuance for an additional period of less than 12 months. In that case, the additional period will be a. Medical expenses Linder Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Lirnitsof Insurance. because of"bodily injury' or"property damage" SECTION IV—COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under CoverageB. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for tinder this Coverage Part. damages because of "bodily injury" and "property 2 Duties In The Event Of Occurrence, Offense, damage' included in the "products-completed operations hazard". Claim Dr Suit d. Subject to Paragraph 2. above, the Personal And a• You must see to it that we are notified as soon Advertising Injury Limit is the most we will pay as practicable of an "occurrence" or an offense under Coverage B for the sum of all damages which may result in a claim. To the extent because of all "personal injury' and "advertising possible, notice should include: injury'sustained by any one person or organization. (1) How, when and where the "occurrence" or 5. Subject to Paragraph 2. or 3. above, whichever offense took place; applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A: and (3) The nature and location of any injury or b. Medical expenses under Coverage C; damage arising out of the "occurrence" or offense. because of all"bodily injury' and "property damage" t,, If a claim is made or "suit" is brought against arising out of any one"occurrence". any insured, You must; For the purposes of determining the applicable (1) Immediately record the specifics of the Each Occurrence Limit, all related acts or claim or"suit"and the date received; and omissions committed in providing or failing to provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one You must see to it that we receive written notice "occurrence". of the claim or"suit" as soon as practicable. 6. Subject to Paragraph 5. above, the Damage To c. You and any other involved insured must: Premises Rented To You Limit is the most we will (1) Immediately send us copies of any pay under Coverage A for damages because of "premises damage" to any one premises. The demands, notices, summonses or legal Damage To Premises Rented To You Limit will be: papers received in connection with the claim or"suit"; CG T1 00 02 19 Oc 2017 The Travelers Indemnity Company.All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. COMMERCIAL GENERAL LIABILITY Effective: P-6/30/20 3-06/ 0/202 Efferti�e: 05�30/2023-06�30,f2o24 (2) Authorize us to obtain records and other (iii)An executive officer or director of information: any other organization; or (3) Cooperate with us in the investigation or (iv)A trustee of any trust; settlement of the claim or defense against the"suit"; and that is your partner, joint venture member, manager or trustee: or (4) Assist us, upon our request, in the (b) Any employee authorized by such enforcement of any right against any person or organization which may be liable partnership. joint venture, limited to the insured because of injury or damage liability company, trust or other organization to give notice of an to which this insurance may also apply, "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for offense will be deemed to be given as soon first aid,without our consent. as practicable if it is given in good faith as soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1.or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be giver) as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply, offense is known to you (if you are an However, if this policy includes an endorsement individual}, any of your partners or that provides limited coverage for"bodily injury' members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of"pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company). Paragraph e, does not affect that requirement. any of your trustees who is an individual(if you are a trust) or any "employee' 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a"suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must A person or organization may sue us to recover on be given as soon as practicable only after an agreed settlement or on a final judgment against the"occurrence"or offense is known by: an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this Coverage Part or that are in excess of the (i) A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 G 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services office,Inc. with its permission. Policy th P-630-8W600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2023-06f 30/2024 4. Other Insurance (ii) That Is insurance for "premises If valid and collectible other insurance is available to damage". the insured for a loss we cotter under Coverages A (iii) If the loss arises out of the or B of this Coverage Part. our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part; other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by,through or on behalf of: aircraft, "autos" or watercraft; (i) Another insurance company; (iv) That is insurance available to a premises owner, manager or (ii) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Section II -- Who Is An Insured, Occurrence Limit Of Liability And Non except when Paragraph d. below Curnulation Of Personal And Advertising Injury applies. Limit endorsement is included in this policy: w An risk retention group: or (b) Any of the other insurance, whether ( ) y g p primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not quality as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any"suit" if any insurer means a provider of other insurance. As other insurer has a duty to defend the used in Paragraph c. below, insurer means a insured against that "suit". If no other provider of insurance. insurer defends, we will undertake to do so, but we will be entitled to the insureds rig hts a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. if this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the less, if any, that exceeds the any of the ether insurance is also primary, sum of: Then. we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c.below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance;and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss; if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance (i) That is Fire, Extended Coverage. provision and was not bought specifically to Builder's Risk, Installation Risk or apply in excess of the Limits of Insurance shown in the Declarations of this Coverage similar coverage far"your work"; Part. CG T1 00 02 19 Oc 2017 The Travelers Indemnity company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. COMMERCIAL GENERAL LIABILITY Palley#; P-530-8w644538-CflF-23 Effective; 06/30/2023-06/30/2024 c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in. any information provided by you which we relied contribution by equal shares, vve will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers, nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit"is brought. (1) The "bodily injury'or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us.The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit or transfer those rights to us and help us enforce them. 5. Premium Audit 9, When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration(late, the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured, The due date proof of notice. for audit and retrospective premiums is the date SECTION V--DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement"means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the eamed segments about your goods, products or services premium, we will return the excess to the fiat for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times rneans of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 Oc 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Poiicyr;: P-630-8W600538-COF-2.3 COMMERCIAL GENERAL LIABILITY Effective: 06/30/2023-06/30/2024 2. "Advertising injufy': b. In, by or with any other electronic means of a. Means injury caused by one or more of the communication, such as the Internet, if that following offenses: material is part of: (1) Oral or written publication, including (1) Radio or television programming being publication by electronic means,of material transmitted; in your "advertisement" that slanders or (2) Other entertainment, educational. libels a person or organization or instructional. music or news programming disparages a person's or organizations goods, products or services, provided that being transmitted;or the claim is made or the"suit" is brought by (3) Advertising transmitted with any of such a person or organization that claims to have programming, been slandered or libeled, or that claims to have had its goods, products or services & "Coverage territory'means: disparaged; a. The United States of America (including its (2) Oral or written publication, including territories and possessions), Puerto Rico and publication by electronic means.of material Canada; in your"advertisement"that: b. International waters or airspace, but only if the (a) Appropriates a person's name, voice, injury or damage occurs in the course of travel photograph or likeness; or or transportation between any places included (b) Unreasonably places a person in a in Paragraph a. above; or false light; or c. All other parts of the world if the injury or (3) 1 nfringement of copyright, "title" or"slogan" damage arises out of: in your "advertisement", provided that the (1) Goods or products made or sold by you in claim is made or the "suit" is brought by a the territory described in Paragraph a. person or organization that claims above: ownership of such copyright, "title" or "slogan". (2) The activities of a person whose home is in the territory described in Paragraph a. b. Includes "bodily injury' caused by one or more above, but is away for a short time on your of the offenses described in Paragraph a. business; or above. (3) "Personal and advertising injury' offenses 3. "Auto"means: that take place through the Internet or a. A land motor vehicle, trailer or semitrailer similar electronic means of communication; designed for travel on public roads, including provided the insured's responsibility to pay any attached machinery or equipment; of damages is determined in a "suit" on the merits in b. Any other land vehicle that is subject to a the territory described in Paragraph a.above, or in a compulsory or financial responsibility law, or settlement we agree to. other motor vehicle insurance law, where it is licensed or principally garaged. 7. "Electronic data" means information, facts or However, "auto" does not include "mobile programs stored as or on, created or used on, or transmitted to or from computer software (including equipment". systems and applications software), hard or floppy 4. "Bodily injury'means: disks, CD-ROMs, tapes, drives. cells, data a. Physical harm, including sickness or disease, processing devices or any other media which are sustained by a person; or used with electronically controlled equipment, b. Mental anguish, injury or illness, or emotional 8. "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a"temporary worker". physical harm, sickness or disease. 9. "Executive officer" means a person holding any of 5. "Broadcasting" means transmitting any audio or the officer positions created by your charter. visual maternal for any purpose: constitution, bylaws or any other similar governing a. By radio or television; or document. CG T1 00 02 19 Oc 2017 The Travelers Indemnity Company.All rights reserved. Page 17 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. GOMMERCIAL GENERAL LIABILITY Policy#: P-63o-8w600538-COF-73 Effective: 06f 30/2023-06/30/2024 10. "Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing: demanded or received. (2) That indemnifies an architect; engineer or 11. "Hostile fire" means a fire which becomes surveyor for injury or damage arising out of: uncontrollable or breaks out from where it was a Pre adn a rovin or failing to intended to be. j } P g� Pp g� ng prepare or approve; maps, shop 12. "Impaired property' meaiis tangible property, other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or is less useful because: and specifications; or a. It incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, failing to give them, if that is the deficient, inadequate or dangerous; or primary cause of the injury or damage, b. You have failed to fulfill the terms of a contract or or agreement; (3) Under which the insured, if an architect, if such property can be restored to use by the engineer or surveyor, assumes liability for repair, replacement, adjustment or removal of "your an injury or damage arising out of the product" or"your work" or your fulfilling the terms of insured's rendering or failure to render the contract or agreement. professional services, including those listed in Paragraph (2) above and supervisory, 13, "Insured contract" means: inspection, architectural or engineering a. A contract for a lease of premises. However, activities. that portion of the contract for a lease of 14. "Leased worker" means a person leased to you by a premises that indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "insured contract": to the conduct of your business. "Leased worker" b. A sidetrack agreement; does not include a"temporary worker". c. Any easement or license agreement, except in 16. "Loading or unloading" means the handling of connection with construction or demolition property: operations on or within 50 feet of a railroad; a. After it is moved from the place where it is d. An obligation, as required by ordinance, to accepted for movement into or onto an aircraft, indemnify a municipality, except in connection watercraft or"auto"; with work for a municipality; b. While it is in or on an aircraft, watercraft or e. An elevator maintenance agreement: "auto";or f. That part of any other contract or agreement c. While it is being moved from an aircraft, pertaining to your business (including an watercraft or "auto" to the place where it is indemnification of a municipality in connection finally delivered: with work performed for a municipality) under but "loading or unloading" does not include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodily injury', "property device. other than a hand truck,that is not attached damage" or "personal injury' to a third person to the aircraft,watercraft or"auto". or organization. Tort liability means a liability 16. "Mobile equipment" means any of the foliowing that would be imposed by law in the absence of types of land vehicles. including any attached any contract or agreement. machinery or equipment: Paragraph f. does not include that part of any a. Bulldozers, farm machinery, forklifts and other contract or agreement: vehicles designed for use principally off public (1) That indemnifies a railroad for "bodily roads: injury' or "property damage" arising out of b, Vehicles maintained for use solely on or next to construction or demolition operations, premises you own or rent; within 50 feet of any railroad property and affecting any railroad bridge or trestle, c. Vehicles that travel on crawler treads; Page 18 of 21 G 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc. with its permission. Policy 4: P-G30-8W600538-COF-23 Effective: 06/30/2023-06/30/2024 COMMERCIAL GENERAL LIABILITY d. Vehicles. whether self-propelled or not, b. An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted. services" to a person, unless you are in the (1) Pcvver cranes, shovels, loaders, diggers or business or occupation of providing drills: or professional health care services. (2) Road construction or resurfacing 18. "Personal and advertising injury' means "personal equipment such as graders, scrapers or injury'or"adverti5ing injury'. rollers: 19. "Personal injury": e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are a. Means injury, other than "advertising injury'. maintained primarily to provide mobility to caused by one or more of the following permanently attached equipment of the offenses: following types: (1) False arrest,detention or imprisonment, (1) Air compressors, pumps and generators, (2) Mslicious prosecution; including spraying, welding, building cleaning, geophysical e)ploration, lighting (3) The wrongful eviction from. wrongful entry and well servicing equipment; or into, or invasion of the right of private (2) Cherry pickers and similar devices used to occupancy of a room, dwelling or premises raise or lower workers; that a person occupies, provided that the f. Vehicles not described in Paragraph a., b., c. wrongful eviction, wrongful entry or invasion or d. above maintained primarily for purposes of the right of private occupancy is other than the transportation of persons or committed by or on behalf of the owner, cargo landlord or lessor of that room, dwelling or However, self-propelled vehicles with the premises: following types of permanently attached (4) Oral or written publication, including equipment are not "mobile equipment" but will publication by electronic means. of material be considered "autos": that slanders or libels a person or (1) Equipment designed primarily for organization or disparages a person's or organization's goods, products or services. (a) Snow removal; provided that the claim is made or the"suit" (b) Road maintenance, but not is brought by a person or organization that construction or resurfacing; or claims to have been slandered or libeled,or (c) Street cleaning. that claims to have had its goods, products (2) Cherry pickers and similar devices or services disparaged; or mounted on automobile or truck chassis (5) Oral or written publication, including and used to raise or lower workers; and publication by electronic means, of material (3) Air compressors, pumps and generators, that: including spraying, welding, building (a) Appropriates a person's name, voice. cleaning, geophysical e)ploration, lighting photograph or likeness; or and well servicing equipment. (b) Unreasonably places a person in a However, "mobile equipment" does not include any false light. land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle b. Includes "bodily injury" caused by one or more insurance law, where it is licensed or principally of the offenses described in Paragraph a. garaged. Such land vehicles are considered above. "autos". 20. "Pollutants" mean any solid, liquid, gaseous or 17. "Occurrence"means: thermal irritant or contaminant, including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids. alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions; or reconditioned or reclaimed, CG T1 00 02 19 Oc 2017 The Travelers Indemnity company.All rights reserved. Page 19 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. Policy 4, P-630-8W600538-COF-23 COMMERCIAL GENERAL LIABILITY Effective! 06/30/2023.06/30/2024 21. "Premises damage" means: contract calls for work at more than a. With respect to the first paragraph of the one job site. exceptions in Exclusion j. of Section I — (c) When that part of the work done at a Coverage A — Bodily Injury And Properly job site has been put to its intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project, b. With respect to the exception to Exclusions c. Work that may need service, maintenance, through n, in the last paragraph of Paragraph 2. correction. repair or replacement, but which of Section I — Coverage A — Bodily Injury And is otherwise complete, will be treated as Property Damage Liability, "property damage"to completed any premises while rented to you for a period of more than seven consecutive days, or while b. Does not include "bodily injury' or "property temporarily occupied by you with permission of damage" arising out of: the owner, caused by: (1) The transportation of property, unless the (1) Fire; injury or damage arises out of a condition in or on a vehicle not owned or operated by (2) Explosion; you, and that condition was created by the (3) Lightning; "loading or unloading" of that vehicle by any (4) Smoke resulting from fire, explosion or insured; lightning: or (2) The e)astence of tools, uninstalled (5) Water equipment or abandoned ❑r unused But "premises damage" under this Paragraph materials; or b. does not include 'property damage" to any (3) Products or operations for which the premises caused by: classification, listed in the Declarations or in a policy Schedule, states that products- (1) Rupture, bursting, or operation of pressure completed operations are subject to the relief devices; General Aggregate Limit. (2) Rupture or bursting due to expansion or 23. "Property damage" means: swelling of the contents of any building or structure caused by or resulting from wafer: a. Physical injury to tangible property. including all or resulting loss of use of that property. All such loss of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical injury that caused it; or steam engines or steam turbines. b. Loss of use of tangible property that is not 22 "Products-completed operations hazard": physically injured. All such loss of use will be a. Includes all "bodily injury" and "property deemed to occur at the time of the "occurrence" damage" occurring away from premises you that caused it. own or rent and arising out of"your product"or For the purposes of this insurance, "electronic data" "your work" except: is not tangible property. (1) Products that are still in your physical 24. "Slogan": possession: or a. Means a phrase that others use for the purpose (2) Work that has not yet been completed or of attracting attention in their advertising. abandoned, However, "your work" will be b. Does not include a phrase used as, or in, the deemed completed at the earliest of the name of: following times: (1) Any person or organization, other than you: (a) When all of the work called for in your or contract has been completed. (2) Any business, or any of the premises, (b) When all of the work to be done at the goods. products, services or work, of any job site has been completed if your person or organization. other than you. Page 20 of 21 G 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services office,Inc. with its permission. Policy#: P-530-8W500538-COF-23 Effective: 06/3012023-06130/2024 COMMERCIAL GENERAL LIABILITY 25. "Suit" means a civil proceeding in which damages (a) You, because of "bodily injury', "property damage" or (b) Others trading under your name;or "personal and advertising injury' to which this insurance applies are alleged."Suit" includes: (c) A person or organization whose business or assets you have acquired; a. An arbitration proceeding in which such and damages are claimed and to which the insured must submit or does submit with our consent; (2) Containers (other than vehicles), materials, or parts or equipment furnished in connection with such goods or products. b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are claimed and to which the insured submits with our (1) Warranties or representations made at any consent, time with respect to the fitness, quality, durability, perfom7ance or use of "your 26. "Temporary worker' means a person who is product": fumished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- (2) The providing of or failure to provide term workfoad conditions. warnings or instructions. 27. "Title"means a name of a literary or artistic work. c. Does not include vending machines or other 28. "Unsolicited communication" means any property rented to or located for the use of others but not sold_ communication, in any form, that the recipient of such communication did not specifically request to 31. "Your work": receive. a. Means: 29. "Volunteer worker" means a person who is not your (1) Work or operations performed by you or on "employee", and who donates his or her work and your behalf; and acts at the direction of and within the scope of (2) Materials, parts or equipment furnished in duties determined by you, and is not paid a fee, connection with such work or operations. salary or other compensation by you or anyone etse for their work performed for you. b. Includes: 30. "Your product": (1) Warranties or representations made at any time with respect to the fitness, quality, a. Means: durability, performance or use of "your (1) Any goods or products, other than real work"; and property, manufactured; sold, handled, (2) The providing of or failure to provide distributed or disposed of by-- warnings or instructions. CG T1 00 02 19 Oc 2017 The Travelers Indemnity Company.All rights reserved. Page 21 of 21 Includes copyrighted material of Insurance Services Office, Inc. vAth its permission. Policy t1: 810-SW483201-23-43-G COMMERCIAL AUTO Effective: 06/30/2023-06/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1 The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — LIABILITY CONDITIONS COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Liability Coverage, organization, that is signed by you before the but only for damages to which this insurance "bodily injury" or "property darnage" occurs and applies and only to the extent of that person's or that is in effect during the policy period, requires organization's liability for the conduct of another this insurance to be primary and non-contributory. "insured". `. CA T4 74 0&17 (�)2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Policy#; 810-8W483201-23-43-G COMMERCIAL AUTO Effective: 06J30/2023-06/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE— This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE— INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL EFFECTS E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE LOSS COVERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G.WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED as an additional insured for Liability Coverage, The following is added to Paragraph A.1.. Who Is but only for damages to which this insurance An Insured. of SECTION II — LIABILITY applies and only to the extent of that person's or COVERAGE: organization's liability for the conduct of another "insured". Any organization you newly acquire or form C. EMPLOYEE HIRED AUTO during the policy period over which you maintain 50% or more ownership interest and that is not 1. The following is added to Paragraph A.1.. separately Insured for Business Auto Coverage. Who Is An Insured, of SECTION II — Coverage under this provision is afforded only LIABILITY COVERAGE: until the 180th day after you acquire or form the organization or the end of the policy period, An "employee" of yours is an "insured" while whichever is earlier. operating an "auto" hired or rented under a contract or agreement in that "employee's" B. BLANKET ADDITIONAL INSURED name, with your permission, while performing The following is added to Paragraph c. in A.1., duties related to the conduct of your Who Is An Insured, of SECTION II — LIABILITY business. COVERAGE: 2. The f0owing replaces Paragraph b. in B.5., This includes any person or organization who you Other Insurance. of SECTION IV — are required under a written contract or BUSINESS AUTO CONDITIONS: agreement between you and that person or organization, that is signed by you before the b. For Hired Auto Physical Damage "bodily injury" or "property damage" occurs and Coverage, the following are deemed to be that is in effect during the policy period, to name covered "autos"you own: CA T3 53 0$ 17 a 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office.Inc. with its permission COMMERCIAL AUTO Policy#: 810-8W483201-23-43-G Effective: 06/30/2023-06/10/2024 (1) Any covered "auto" you lease, hire, liability company) or members of their rent or borrow, and households. (2) Any covered "auto" hired or rented by (1) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: conduct of your business. (a) You must arrange to defend the However, any"auto"that is ieased, hired, "insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto". keep us advised of all proceedings D. EMPLOYEES AS INSURED and actions. The following is added to Paragraph A.1., Who Is N Neither you nor any other involved An Insured, of SECTION II — LIABILITY "insured" will make any settlement COVERAGE: without our consent. Any "employee" of yours is an "insured" while (c) We may, at our discretion, participate using a covered "auto" you don't own, hire or in defending the "insured" against, or borrow in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "Suit". LIMITS (d) We will reimburse the"insured": 1. The following replaces Paragraph A.2.a.(2), (i) For sums that the "insured" of SECTION 11 —LIABILITY COVERAGE: legally must pay as damages (2) Up to $3,000 for cost of bail bonds because of "bodily injury' or (including bonds for related traffic law "property damage" which this insurance applies,, that the violations) required because of an "insured" pays with our consent, "accident" we cover. We do not have to but only up to the limit described furnish these bonds. in Paragraph C., Limit Of 2. The following replaces Paragraph A.2.a.(4), Insurance, of SECTION II — of SECTION it —LIABILITY COVERAGE: LIABILITY COVERAGE; (4) All reasonable expenses incurred by the (ii) For the reasonable expenses "insured" at our request, including actual incurred with our consent for your loss of earnings Lip to $500 a day investigation of such claims and because of time off from work. your defense of the "insured" F. HIRED AUTO — LIMITED WORLDWIDE against any such "suit", but only COVERAGE—INDEMNITY BASIS up to and included within the limit The following replaces Subparagraph e. in described in Paragraph C.. Limit Paragraph B.7., Policy Term, Coverage Of insurance, of SECTION II — Territory, of SECTION IV — BUSINESS AUTO LIABILITY COVERAGE, and not CONDITIONS. in addition to such limit. Our duty e. Anywhere in the world, except any country or to make such payments ends jurisdiction while any trade sanction. when we have used up the embargo, or similar regulation imposed by the applicable limit of insurance in United States of America applies to and payments for damages, prohibits the transaction of business with or settlements or defense expenses. within such country or jurisdiction, for Liability (2) This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. "auto' you lease, hire, rent or Morrow from (3) This insurance is not a substitute for any of your"employees". partners (if you are required or compulsory insurance in any a partnership), members (if you are a limited country outside the United States, its Page 2 of 4 02016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office.Inc. with its permission Policy#: 810-8W483Z01-23-43-G COMMERCIAL AUTO Effective: 06/30/2023-06/30f 2024 territories and possessions, Puerto Rico Personal Effects and Canada. We will pay up to $400 for "loss" to wearing You agree to maintain all required or apparel and other personal effects which are: compulsory insurance in any such (1) Owned by an"insured": and country up to the minimum limits required by local law. Your failure to comply with (2) In or on your covered"auto". compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered"auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage had you complied with the compulsory K. AIRBAGS insurance requirements. (4) It is understood that we are not an The following is added to Paragraph B.3.. admitted or authorized insurer outside the Exclusions, of SECTION III - PHYSICAL United States of America, its territories DAMAGE COVERAGE: and possessions, Puerto Rico and Exclusion 3.a. does not apply to "loss" to one or Canada. We assume no responsibility for more airbags in a covered "auto" you own that the furnishing of certificates of ir.surance, inflate due to a cause other than a cause of"loss" or for compliance in any way with the set forth in Paragraphs A.1.b. and A.1.c., but laws of other countries relating to only. insurance. G. WAIVER OF DEDUCTIBLE-GLASS a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; The following is added to Paragraph D., b. The airbags are not covered under any Deductible, of SECTION III - PHYSICAL warranty; and DAMAGE COVERAGE: 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 "foss". 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 The following is added to Paragraph A.2.a., of Paragraph AA.b.. Loss Of Use Expenses, of SECTION IV- BUSINESS AUTO CONDITIONS- SECTION Ili - PHYSICAL DAMAGE Your duty to give us or our authorized COVERAGE: representative prompt notice of the "accident" or However, the most we will pay for any expenses "loss" applies only when the"accident" or"loss" is for loss of use is $65 per day, to a rna)amum of known to: $750 for any one"accident". (a) You (if you are an individual); I. PHYSICAL DAMAGE - TRANSPORTATION (b) A partner(if you are a partnership); EXPENSES -INCREASED LIMIT (c) A member {if you are a limited liability The following replaces the first sentence in company}; Paragraph AA.a., Transportation Expenses, of (d) An executive officer, director or insurance SECTION III - PHYSICAL DAMAGE manager (if you are a corporation or other COVERAGE: organization); or We will pay up to $50 per day to a maximum of a An " give $1,500 for temporary transportation expense { ) yem"employee" authorized b". You to notice of the"accident"or"loss". incurred by you because of the total theft of a covered "auto" of the private passenger type. M. BLANKET WAIVER OF SUBROGATION J. PERSONAL EFFECTS The following replaces Paragraph A.5., Transfer The following is added to Paragraph AA., Of Rights Of Recovery Against Others To Us. Coverage Extensions, of SECTION III - of SECTION IV - BUSINESS AUTO PHYSICAL DAMAGE COVERAGE: CONDITIONS. CA T3 53 08 17 92016 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office.Inc. with its permission COMMERCIAL AUTO Policy#: 810.8W483201-23.43-G Effective: 06/10/2021-06/310/2024 5. Transfer Of Rights Of Recovery Against N. UNINTENTIONAL ERRORS OR OMISSIONS Others To Us The following is added to Paragraph 13.2.. We waive any right of recovery we may have Concealment, Misrepresentation, Or Fraud, of against any person or organization to the SECTION IV— BUSINESS AUTO CONDITIONS: e)dent required of you by a written contract The unintentional omission of, or unintentional signed and executed prior to any "accident" error in. any information given by you shall not or"loss", provided that the"accident' or"loss" prejudice your rights under this insurance. arises out of operations contemplated by However this provision does not affect our right to such contract. The waiver applies only to the collect additional premium or exercise our right of person or organization designated in such cancellation or non-renewal. contract. Page 4 of 4 (D 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office.Inc. with its permission