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CAG2024-140 - Original - Krazan & Associates of Washington, Inc. dba Krazan & Associates, Inc. - KEHOC Construction Testing and Inspection - 03/19/2024
FOR CITY OF KENT OFFICIAL USE ONLY wig Sup/Mgr: W m Agreement Routing Form D i r Asst: PH For Approvals,Signatures and Records Management Dir/Dep: eL KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) W A 5 H i N c T o N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Leah Bryant for Will Moore Parks, Recreation & Community Services Date Sent: Date Required: 03/13/2024 03/18/2024 0 0. Authorized to Sign: Date of Council Approval: QW1Mayor or Designee NA Budclet Account Number: Grant? Yes No� F20098.64190.9419 Budget? Yes ONO Type: N/A Vendor Name: Category: Krazan&Associates of Washington,Inc.dba Krazan& Contract Associates, Inc. Vendor Number: Sub-Category: C 34943 Original FAC23-09D KEHOC Construction testing d ins ction Project Name: g an p oProject Details: As described in attached Exhibit A, incorporated herein, Consultant shall c perform all neccesary special inpections and testing for the KEHOC project C as specified in the attached proposal dated December 8, 2023. 0.1 a E Agreement Amount: $40,170.00 Basis for Selection of Contractor: Other W *Memo to Mayor must be attached A. Start Date: March 2024 Termination Date: 12/31/2024 Q Local Business? Yes EZ]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchase-Local Exceptions"form an Cityspace. Business License Verification: W1 Yes In-Process❑Exempt(KCC 5.01.045) W]Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YeswINo CAG2024- 140 Comments: ut W 3 r.. C C G1 Date Received:City Attorney: 3/13/24 Date Routed:Mayor's Office 3/18/24 City Clerk's Office 3/19/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 • KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Krazan & Associates of Washington, Inc. dba Krazan & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Krazan &Associates of Washington, Inc. dba Krazan &Associates, Inc. organized under the laws of the State of Washington, located and doing business at 825 Center Street, Suite A, Tacoma, WA 98409 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, Consultant shall perform all neccesary special inpections and testing for the KEHOC project as specified in the attached proposal dated December 8, 2023. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by 12/31/2025. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $40,170.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: B\/ m By: B.Throne(Mar 13,202412:37 PDT) By Pr)7int Name:William B.Throne Print Name: Dana Ralph Its Operations Manager Its Mayor DATE: Mar 13,2024 DATE: 03/19/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: William Throne Will Moore Krazan & Associates, Inc. City of Kent 825 Center Street, Suite A 220 Fourth Avenue South Tacoma, WA 98409 Kent, WA 98032 253-939-2500 (telephone) (253) 856-5081 (telephone) billthrone@krazan.com (email) wmoore@kentwa.gov (email) APPROVED AS TO FORM: �- CJ Kent Law Department ATTEST: e4'� A�� Kent City Clerk CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. W40,44y B, 7`6c�unce- B\ : Wi Warn B.Throne(M a r13,202412:37 PDT) For: Krazan &Associates Title: Operations Manager Date: Mar 13,2024 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 Exhibit A IMI(xn GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING • CONSTRUCTION TESTING AND INSPECTIONS December 8, 2023 KA Proposal No.T23695WAT Nathen Harper CITY OF KENT Tel: 253-856-5082 400 West Gowe Email: NHarper@kentwa.gov Kent, WA 98032 RE: PROPOSAL FOR CONSTRUCTION TESTING AND INSPECTION SERVICES KEHOC Warehouse & Office SE 248t" Street Kent, WA 98030 Dear Mr. Harper, Krazan &Associates, Inc. appreciates the opportunity to submit this proposal for testing and inspection for the KEHOC Warehouse&Office project. Certified by the Washington Association of Building Officials (WABO) and accredited by the American Association of State Highway and Transportation Officials (AASHTO), our testing/inspection capabilities, along with our geotechnical engineering and environmental services, allow us to provide our clients with a single source for their project needs. Again,we appreciate the opportunity to submit this estimate and we believe you will be pleased with the selection of our firm. The following pages include the anticipated scope of work, hourly rates and estimate of costs for our services, general conditions, and contract. If you have any questions, or if we can be of further assistance, please do not hesitate to call our office at 253-939-2500. The following items are included as an Attachment: ® Attachment A—Budget Estimate ® Attachment B—Agreement for Engineering Consulting Services, Construction Observation, & Materials Testing Services (Pages 1—4) Respectfully submitted, KRAZAN &ASSOCIATES, INC. William B.Throne Operations Manager billthrone@krazan.com With Offices Serving the Western United States 825 Center Street,Suite A•Tacoma,WA 98409 •253-939-2500• Fax 253-939-2556 •www.krazan.com KA Proposal No.T23695WAT December 8, 2023 Page 2 of 4 PROJECT DESCRIPTION The project as we understand it consists of the development of a new maintenance and operations center for the City of Kent,with a finished building, operational yard space, parking and associated landscaping, and final access drives from the adjacent streets. SCOPE OF WORK The Scope of Work listed below is based on our review of the plans dated 10/31/2023. Geotechnical recommendations are to be provided by others. Soil Compaction Testing—The inspector will periodically observe and monitor placement and compaction of all structural fills during mass grading of site/in building pad/ pavement areas. In-place soil densities and moisture contents will be measured using a nuclear densometer to check for compliance with the compaction specifications. Representative samples of the fill soils will be collected for laboratory testing. Samples of on-site and import fill soils will be tested in accordance with ASTM D1557 (Modified Proctor) to determine the maximum compacted unit weight and optimum soil moisture content for use in compaction testing.Additional testing of the soils samples to confirm compliance with the required physical properties may include: Sieve Analysis (coarse and fine); Atterberg Limits; Hydrometer; Sand Equivalent; CBR; Organic Content.Specific tests that are anticipated to be performed are listed in the Budget Estimate. Structural Reinforcing Steel Inspection—The inspector will monitor placement of structural reinforcing steel and embedment's to verify compliance with project requirements for correct size,grade of steel, location, and clearance to forms and/or earthwork. Structural Reinforced Concrete Inspection—The inspector will monitor placement of cast in place concrete to verify adherence to project specifications. Each load, as required, will be checked for proper mix design and adherence to slump requirements.Air content testing is available upon request. Concrete specimens will be cast,transported, and cured as per applicable ASTM requirements. Five (5)cylinders will be cast for each 150 cubic yards of each separate mix design of concrete, or fraction being placed each day. Structural Steel Inspection—The inspector will inspect fabrication (if required) and erection of structural steel members. Inspections at the fabrication plant will include verifying that materials used match the mill tests or affidavits of test reports;that fabrication, welding procedures, surface preparation, and shop painting meet specifications; and that the work in progress conforms to project requirements.The inspector shall visually check fabricated steel delivered to the job to confirm that the work is in compliance with approved shop drawings and shall make any physical tests, measurements, etc., believed to be necessary, and shall witness and report all corrections performed by the steel fabricator.The inspector will verify welding procedures and welder qualifications. Krazan's inspector may be present at all times during steel erection on site. The inspector will also verify weld quality in accordance with American Welding Society (AWS) codes. All welds shall be visually inspected. For connections using high-strength bolts installed using Load Indicating Washers, Krazan will inspect the surface and bolt type for conformance to plans and specifications prior to the start of bolting and verify the minimum specified bolt tensions visually and by using a feeler gauge on a few bolts in each connection (10 percent or two bolts, whichever is greater). For connection using high-strength tension control bolts, Krazan will inspect the surface and bolt type for conformance to plans and specifications prior to the start of bolting and will performed visual inspection on 100%of the high-strength bolts for properly installed tension. Ultrasonic (UT) tests will be performed on 100%of all complete penetration welds and 100% of all partial- penetration column splice welds. UT tests will also be performed where the base metal is thicker than 1-1/2 inches,when subjected to through-thickness weld shrinkage strains.The joint shall be ultrasonically inspected Krazan &Associates, Inc. With Offices Serving the Western United States KA Proposal No.T23695WAT December 8, 2023 Page 3 of 4 for discontinuities directly behind such welds after joint completion. Magnetic Particle (MP)tests shall be performed on fillet welds 5/16 inch and larger.The inspector shall perform magnetic particle testing in accordance with ASTM E709 for any questionable welds. Inspections of high strength bolting will be monitored for proper installation and tensioning of all high strength bolts will be verified as per the requirements of the current edition of the "Specification for Structural Joints Using ASTM A325or A490 Bolts." Asphalt Compaction Testing—The inspector will continuously witness placement of hot mixed asphaltic concrete to verify adherence to project specifications for each type of asphalt used.The inspector will record ambient and asphalt temperature and results of in place compaction testing using a nuclear densometer. Samples of the asphaltic concrete will be taken every 400 tons of asphalt placed or at least one sample per day for laboratory testing. Laboratory testing will include maximum theoretical density(rice value) and extraction/ gradation. Additional laboratory services are available upon request. If request, three (3) cores will be taken after final pavement for pavement thickness evaluation. Report Preparation—Krazan will process both field and laboratory data. A copy of each report will be e-mailed on a weekly basis, as a minimum. As required by the ICC, reports will be distributed to the client, the project architect or engineer and to the building official or as directed by the client. Our inspectors will provide immediate verbal notification of field tests and inspection results to your designated on-site representative and the contractor.The inspector will prepare a written report after each inspection prior to leaving the site. Final reports of field inspections and laboratory analysis will be reviewed by the Krazan project manager before subsequent submittal to the project team members. Project Management—The project manager assigned to this project will track inspection data and costs and provide the project design team with status reports when requested.The project manager will oversee and direct all phases of inspections and supervise and direct all Krazan personnel associated with this project. FEE STRUCTURE We will perform the services listed above on a time and material basis in accordance with our 2023 standard rate schedule. Based on the scope of work described in this proposal and our experience with similar projects, Krazan &Associates estimates the costs for testing and inspection services to be about 40 170.00.A detailed breakdown of this cost estimate is included as Attachment A. Costs for construction testing and inspection services are highly dependent on contractor's schedule, weather, overlapping of work, additional inspections required by the building official and other factors. Krazan &Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others. Therefore the quantities listed in our cost estimate should be considered approximate.The estimate previded hereffin does net imply a lump sum fee, not to exceed fee er a guaranteed maximum Consistent with good engineering practice, we will work with the contractor to keep inspection costs at a minimum. If provided with a construction schedule this cost estimate can be further refined and quantified. COORDINATION The above scope of services will be performed when scheduled by the General Contractor or the client's designated representative. Proper scheduling is imperative to the success of the special inspections program. Krazan &Associates cannot take responsibility for work that has not been inspected if we have not been scheduled nor can we take responsibility for delays due to insufficient lead-time in scheduling inspections.We recommend that the person scheduling the inspections contact our office prior to the job starting to discuss required inspection and scheduling procedures. CONDITIONS 1. Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at our current rates.A price list for these services will be provided upon request. Krazan &Associates, Inc. With Offices Serving the Western United States KA Proposal No.T23695WAT December 8, 2023 Page 4 of 4 2. This offer terminates ninety calendar days from the date of issue, unless otherwise stated and agreed. 3. Inspections which are cancelled with less than twenty-four(24) hours' notice, or after an inspector has been dispatched to the project site, will be charged the minimum fee associated with the type of inspection or testing requested. 4. All concrete samples will be cast in 4-inch diameter x 8-inch high molds unless otherwise agreed. 5. Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate. 6. Contractor will provide curing facilities in accordance with ASTM requirements for initial curing(the first 24 hours after specimens are cast) and protection of concrete test specimens on site. 7. Krazan &Associates, as a professional services firm, is typically not subject to the prevailing wage agreements. Should by Federal ruling, our services be subject to prevailing wage rates, this proposal is null and void. A new proposal will be provided to account for additional services and increased wage rates associated with the ruling.This includes any apprenticeship programs, equal opportunity submittals, affirmative action, union referral statements and/or certified payroll.These items were excluded from this proposal. 8. This estimate is based on the assumption that structural steel and/or wood panels will be fabricated in a local (within a 25-mile radius of an existing Krazan &Associates office)AISC Certified structural steel or ICC wood fabrication facility. Should fabrication occur in a non-certified facility, additional costs for travel,time, mileage and/or per-diem will be charged. 13! i" Bans of Chart 8ilkirg A fmc (4) hiom mini;,rttm po6M to podal charge per call, applies to all Consilltanrs se"'A' Xa, Services beyccd ibe i.nitfl minimum biWng increment Will be billed in an additionnI Lwrement ofont�i 1) hour therenfler for each day's Services for each nssig d technic _ Rifting Rnn- Prxorfwyls. SCn"1,c-Vs irullsted b rween the lours of 7:00 .[n- and 4:00 p.m. will be perl'oraned at the Standard rates prmated in the Vroposal wid Annual Fee Schedule with inclusion of Rate Prerrdiuns For weekends and holiday. Acea initiated otrtmide of these bourn will be billed at the rrppwi.ale rate plus a pmMiuna of fifty 150 M percanl. Rilkiig Rare PMifiros Clmhtiim SftvlMzeaxdeXd in eum of 9 hms oai any W up to 8 luwrs on Saturdays will be hilted at one and one-half6mes(x 1,5)the Standard bmirlyrate.Serklicea mudered in excess of 12 hours on any weekdq, in excess of S bom on a Saturday.on Holictays or Sandays will be bided at double(x 2) the Sundard tWurlY rate. Late Cary lInnon_ All cauvUstions without at least 4 hour notice of cancellakon will be subject to the n iui num charge per dAy canceled. Notice of cerncellpifiQn mint be rived by mu office&ring our office bam of 7;00 am to 4,M pun 11onday through Friday(excludu►g holi6r) and canny t be left an the voice navill Syr-tem. Cost-Qf-Lvirkg Adiustmen� The rates prem red are valid through Marsh 31, 202:5_ Where projects are on-&c4 beyond March 3 I. 20M am rarEs pmreawd in #hir, pmposW wW our mmttol fee wheclWe Kt 10 an siirtart I cGV Of Living adjusinwnt bawd on the consluner JWi index for 1024 for die geographic area mereaw serAces are being prmided, but in no case Jess than 4 percent, Krazan &Associates, Inc. With Offices Serving the Western United States KA Proposal No.T23695WAT December 8, 2022 Attachment A ANTICIPATED BUDGET-TESTING & INSPECTION SERVICES Kehoc Warehouse & Office 12607 SE 248t Street Kent, Washington Site Inspections DESCRIPTION VISITS UNITS RATE COST Soil/Asphalt Compaction Testing 20 100 hours $80.00 $8,000.00 Proctor/Sieve Analysis 3 each $400.00 $1,200.00 Asphalt Rice Density Analysis 2 each $200.00 $400.00 Asphalt Extraction/Gradation Analysis 2 each $400.00 $800.00 Reinforcing Steel/Bolts Installed Inspection 13 52 hours $80.00 $4,160.00 Concrete Placement Testing 15 90 hours $80.00 $7,200.00 Site Concrete Testing 6 30 hours $80.00 $2,400.00 Concrete Compression Samples 150 each $30.00 $4,500.00 Sample Pickup 19 each $60.00 $1,140.00 Structural Steel Welding/H.S Bolting Inspection 10 50 hours $105.00 $5,250.00 Trip Charge (associated mileage) 64 each $25.00 $1,600.00 Project Management(0.5 hrs/visit) 32 hours $110.00 $3,520.00 TOTALI $40,170.00 NOTES: This cost estimate is based on the scope of work and assumptions outlined in our proposal number T23695WAT dated December 8, 2023 which are inclusive by reference. A four-hour minimum charge, portal-to- portal charge applies to all inspections. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work and other factors. Therefore the quantities listed in our cost estimate should be considered approximate. Krazan &Associates does not control the work or production rate. TheFefffe, the estimate PF8vided abeve dees net imply a lump sum fee, net to e)(eeed fee 8F . This cost estimate does not include overtime, retests, or change in conditions or schedule. Project Administration services will be invoiced at 0.50 hours for each site visit. Krazan Associates,Inc. With Offices Serving the Western United States Exhibit B Insurance Requirements Insurance Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $3,000,000 per occurrence, and $2,000,000 products- completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least thirty (30) days before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation thirty (30) days before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. - DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/6/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Walnut Creek AMS (WC) Heffernan Insurance Brokers PHONE FAX 1350 Carlback Avenue AIC No Ext: 925-934-8500 AIC No):925-934-8278 Walnut Creek, CA 94596 ADDRESS: WalnutCreekAMS@heffins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company of America 25674 INSURED KRAZ&AS-01 INSURER B: Krazan&Associates, Inc. 215 West Dakota Avenue INSURER C: Clovis, CA 93612 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1752365477 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 660OF55445ATIL23 10/1/2023 10/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREM REM DAMAGE ISES oNcurrDence $100,000 MED EXP(Any one person) $5,000 X Deductible$0 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER: Stop Gap $ A AUTOMOBILE LIABILITY Y 8106N8697512343G 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED L NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR Y CUP9J2924352343 10/1/2023 10/1/2024 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$, $ A WORKERS COMPENSATION UB9H9483652443G 1/1/2024 1/1/2025 X AND EMPLOYERS'LIABILITY Y/N STATUTE ER H CA ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Employers Liability WA UB9H9483652443G 1/1/2024 1/1/2025 Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: KA Project#066-24079, KEHOC Warehouse&Office Building, 12607 SE 248th Street,Kent,WA.City of Kent is included as an additional insured(primary and non-contributory)includes completed operations on General Liability policy and additional insured(primary and non-contributory)on Automobile Liability policy per the attached endorsements,if required.The Umbrella Liability follows the General Liability and Automobile Liability policies for additional insured, primary and non-contributory coverages as per the policy forms, if required.Waivers of Subrogation are included on General Liability policy per the attached endorsement, if required.Cancellation notice endorsements for General Liability,Automobile Liability,Excess Liability and Workers Compensation policies are attached,if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Leah Bryant 400 West Gowe Street AUTHORIZED REPRESENTATIVE Kent, WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIAUILITY P XCY NUMBER 6600F55445ATIL ISSUE IRATE; 3/6/2024 TfilS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON R ORGANIZATION TN5 errdp?,,r�ement madifes in$kjran;e provided uraier t following; COMMERCIAL G ENERAL L LABILFY COVERAGE PART SCHEER)L.E Name of Additional knsuned-Personfs?cw Onpnizationis1: City of Kent Secliap II— Who Is An Insured is amemled w rcclud-e as an additk nal insured lhw person(:51*r arganizatt6nN s) show-n In Sfe. Schedule, bul r wKh resnect to liability for 'badlly Irlury'. 'Vomrly lama giF. 'Perswl injury' or 'adverllsiN rnlury" caaased, in whop or m p&M. by your acts or omismns or L�e acts*r orrussiols of INm ,acting on yDur hehatf: A, In the perfwwrKe of ymr ongoing rfperar iatns. or 9, lnconrKwkn Mh your pmrrd wed by+or rented io yolk a B# 1104 08 0 2M TM Tra4e*m Comm ams.Im Paw 1 Of 1 I-Adn Oe CQWiQhW Al MiL&Cd IPSUtanCe 5etv,€es Clilke.WtG.wlrh kg pBM455iCn. COMMERCIAL L-.FNi=RA L L IAEI LI TY POLICY N'Jf�g[3ER 660OF55445ATIL23 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE HEAD IT CAREFULLY.. SCHEDULED ADDITIONAL INSURED Irltludes P rod ue#g-Completed 0peFations If Required By Contrset� This endorsement-modifies ins-urarwA pmMed wwPet the Icrllar�nn�. COMMERCIAL G�N15PAL LIAEUTY COV15-RAGE PART SCHFIOULI� OF A DDITIONAL I N SU FEE DS A Na COVERED OPERA TI ONS r-;Ai iE r'F PERSOff OR ORGANIZATION: City of Kent PF�DJCC TiL.00ATION Clf COVERED OPERAT10N3: KA Project#066-24079, KEHOC Warehouse&Office Building, 12607 SE 248th Street, Kent,WA. PROVISIONS The i$"rVn0 primed tD-Surh addMignul i ftumd is The Imlowng is added 1-o SECTION It - WHO IS AN :5yb*k W Me fQ1kWWQ pm'A5ion!b�; fNV ED: a. iif the Limills of Insuronw ul 1 his Cowmge Peat Any person or organizetim shown to 1:he Sc�"A show in 1be E eudaratl0ns exceed the minimum Of Addkional insureds Arvd Cowered Operalons thal lirr<M reqUimd by 1hE� %ritlerl Con�raiA or you agree in a mitL-en conlract or agiecatenl to aQreemenl. 1#ve in5urancu prate Io 1he Include as an additlonal insured on lhls Cwarag4 additional immured will be llrrr46d trk eh Part is an Irrsrrred, but-only: rninin-tum required Ilmfts. Fer the purposes or determining whether this limgalfon sipplie5. the a. VVKh reespeL-i to IkatAhly foe -Daddy rnjuW or minimum iinVs mquirad k)y the written oonlract of 'propeftyr diamigge that wrarm_ or for "personal kgrweni Vill be ronswered 10 iriclwe ibe Injury' Qau:5eo by an geese that * c nrrriled. rninirykim lirnits of any tlrrrt:rgMa or Ex 5ub5egkren1 is the signing Q( Thal a-umraet ar heuwy CoNmragle requir-ad rot ilia aedivanal agreemeni and while 1ho1 part u4 the oorrtfw ar inSutM hey 11hait ,rifted wrrlract & agreenwt agfeem-ent Iz in effeel; and ThLS pfovWalh ydill not Increase lhrt liffiLs -DI b, If, and only Io the extent thal. such rnjury or inSur&rift- dMc6b9d in Soli-bn 11L — Lin*hi Of damage Is caused by acls or omi;si -uf you or Insuranca. your su#oantraotor ifq the paftmimnce D( "your b, The ln&urariw providod !a surA adifil3onal WUCr -Un U4 fUf JhV p«jer;#, -U7 d1 She IWZitiQn. rn5Urecy r[OM nor appJyr 10- 5hgym in the :Soheduie Of Xddili'anall In5ured5 i A 'ba�IL` Itt "gyp igd m da a or A++d Covered Operations, to which the wrttken " ` � 1 o#r+�eo# OFa�r�emeert applies. Such person as par�rs�rl,�f i�Jrw}� 9risir+� �I �the providing, organ�akion does not qusld�r a'S an additional srch�r �ailur� t� ���icl�, any pr�tia�al Ervi[�es,irl uding: insured wllh r�'t to the tnWependenl $urn or scry taeJ mil, ngiq� rJ 1 urtire+}ing omis-sion5 4f sum person or oTanizaldan, Cis U2 47 04 19 0 20 18 Th6'rM%8 Lem 3ndernnay Company Al iighas ra5mved Pao 1 Of� COMMERCIAL GENERAL LIA51LITY {al The Drepairing. appfoving. or fa ft to (c) The nalure and louaiicn of any injury or prepare or apDrowe. mAP5a shop damWe adsing owl a the 'vwrrero' drawiNs, oplwn3. reporls_ surveys. or offense, fWM orders -or change orders. or 1he 12) If a daim i5 made or,uq" I$ bmu&l agakw prepamg, approving_ or falling to Me add0ional insiared- prepare -or appmve, drawlr►gs and �s? speGiFcaai�ns_ ono InrYi]edi�lely rerand rho specifics of ihe c.Jaim or'suil"acid the dale received: and (h) Suptrvisory. ins;pe tion, amht dufal cr us l �n�i�e�rirg activilies, �l f�lotif yr -as soon as�adicar�e any see Io It 11hal we recelve wrftten awice of the (FM Any *boNyr InW or "property damage" claim or`sug`as soon as praclicable. .r-,au&w by dpLrr work' and Ifteluded to the "producl&ommolet ope(Oonrs hazard" 13) Irnmedialelk send us copms of @N kWI cruess Ifse Y"Ien conlroot or agreerneot PAPem ru*ived in ounneotion with}the cleiim or 'sub", mwerole Olh u5 in lihe specifically r�uiras wau l� provide such �weslugalr�n or s�remeni of one clai{n cr im age f that additional i cod during defense agalrlst the hsuN`, arrd otherwise llse poky period, comply with all Poky Iandilton-5. The 4pddilicinnr Insured mu51 -complyr wilh the 1.4; bender the Uefenw end inde{mriAv of any faltow;ng duties: 001m or "5vir to erlw pmWer 4I PWef {1 M Give Us wrMen noliae as soar as praetiealble lin urnnEe which would cam skiff additnal -of an 'crocurmnce" or an Oense which may insured For a Ids we rxvvr. Havmver. 1h% gull irr a claim To lho r#KWO p ibla,Sun eonditioi dons riol affect wfl-eth-er the 3101kA should indrida- 05uranoe pnYwided to surh adrlOiwui1 (a) 1 vw. when and w1here the 'ppmrranra" ktsurc-d it, primary to Aher insuiranoe or o f�me tncxk plate; awailable to such additional Insured wNch rovers 1f1a1 person Qr oVanizaiion M 8 Jh) The names and addkeS!5e5 of any irijured named iinsurt5d as dewib6d in Paragraph 4., peirsws $r+d %W r1 es; end tither Insqir-9nfQ_ (f SQdidil fV—Comoorrt al General lijst)ilityr C onditiois. Page 2 cf 2 0 20113 The Tro4liEs"—My 02impor yr All rgMs r*mrkLW CG♦D2 47 04 19 660OF55445ATIL COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Insured Copy COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 660OF55445ATIL ISSUE DATE: 10/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): City of Kent Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Part. Such waiver by us applies only to the extent that Rights Of Recovery Against Others To Us of the insured has waived its right of recovery against Section IV—Conditions: such person(s) or organization(s) prior to loss. This We waive any right of recovery against the person(s) endorsement applies only to the person(s) or or organization(s) shown in the Schedule above organization(s) shown in the Schedule above. because of payments we make under this Coverage CG 24 04 12 19 Q Insurance Services Office, Inc., 2018 Page 1 of 1 8106N8697512343G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE {READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endarsement rrrndlties Insurance provided under the following: SU&NEES AUTO COVERAGE FORM GENERAL!DE$CRIPTiON OF COVEPLAG1; -This 4gridarsernwit 11:irciaderls aaverag& Filwaver. cciMer e €w My irilury, i5a(Mgl� Of MddiCal iRxpi rASAS d0$&F W iek any Or thA pfnwisionS bt Ihit iar1d0f'$&M0n[CnAy 256 Wduded Or Iimded by awAher endorsemen4 to the Covefage Parl. gild these coverage broadenmq p vMlons do nol apply to 'tm extend lhal onveragq is fxdudl Cd or lifted by Such M endomemerti. The Following Fistin-g i5 a ganarN coMar- age-desuipllon.only. Limitations and exclusions nmy apply Io 1hem wviffrage& Read all the pr 5lans od tnis en• dcisam nit and th8 rest of your policy carefully to deMtminib rigihts, duties, am wlhikt is and is rwt t; fd A. 13 ROAD FORM NAMED I N S U RE D -H. H I RE D AUTO P RYSICA L DAMAG E - LOSS OF :B. El LANK ET AUDITIO N AFL 5NS U RED US E - I NCR EASE a LIM IT C, EMPLOYEE H IRE tl AUTO I. PHYSICAL DAMAGE - TRANSPORTATION EXPERGES - INCREASED LIMIT D. EMPLOYEES AS IN5UREeD J_ PERSONAL PROPERTY E_ SUPPLEMENTARY PAYMENTS - 1:I1CREASED 'K. lAkRBAGS L I MfIT$ L. NOTIC E AND K N OWLEDGE OF AGC IDENT OR F. NINEC AV r0 - LIMITED VV0RL0WI05 COV• 1_0�5 1:RACC-M D EM LAITY BASIS M. SLAM KET WAIVE R OF ;aUBA QGATFQPI O. WAI V ER OF CEDU DTISL E -GLA:S N. UNIN-frw FOT10NA L E:R RORS D R OMIISS I0 NS PROVISIONS A. SRCAD FORM NAMED I SURED tbkI inw*r mw ap kes and only to the extent that T-he follgwirng i5 addPd r� P;9r,-qr,9p-� A.i,. Whp 13 persm or organization quarihes 455 an "irtsured' A n I n 5u red.Df SECT ION 11 - GOV E8 ED AUTO$ under the Who is An In:5ured provi5ign ogntalnigd LIABILITY COVERAGE: In Senior~ II. " organwlion yx)u newly acquire w fwm dvr- C. EMPLOYEE-H I REO AUTO ing the p licy perlo[i oyer which you maintain 1_ The folkWng i5 added to Paragraph A.i,, $0% or roare owneMNp interest and that is nal Who 15 An Insured, of SECTION ll - COY SiboGrataly ift;uMd fOr BuSin&SS Auto Gtrverage. ERrC AUTOS LIABILITY COVERAGE Covenage under this prove&ion is aftrded until urw An 'empl 8' of yours i5 an 'Msu nbd' while W ItM 18Nh day afteir you aCquire or iorm the or- OpeV260g AA 'aujC' hired Or fentOd Lnftf 3 gani2abon -of the oM of 14e policy period, which- tWtrart OF agre0019Mr In W 'ervlployea V ever Is earller. name, with your penrirkslon, while pedoEminq duties r4atalW to the tMduCl Of year tyUeim- S, EL.ANKET AODI`T[ONAL INSURED mess. The rbllowing is added Ira Paraglalph c. in A.1_, 2. TF-u 16I16w rig rapleon Pjlri�jgraph -b. in U_lE., Who Is lArl Insured_ of SECTION 11 - COVERED Other Insuvando, dF EEOTiON FV - E3LI81- AUTOS LIABILITY COVERAGE. NESS AUTO CONDITIONS: Any "rvm -or-mganaallon who is required Under h_ rLrnr Mimi Auln Physical 42rr2ge Ce mp_ a wfittarr cwtraat of nf&ement t1etr ern you wid ege, the fpltavying am Qeemed to be caw- lhal per" or orgartiralion, Mat Is signed and er�d 'autos'you : cxeeuted Lvy you belore Ehe 'todiiyr ifijury' or 11) Any covered 'cute you Masa, hire, "ProPen1 damage oars and Ihal Is in effect renYt or two+: and du:irtg dh4ff policy period, to be named as an addi- (2) Arry+covered 'auic' hired or runW by tkonal Insured ps an dinsixed` NK fired AvLos your 'employee' under a cointract to Llatmlliy Oamrage, but only for-damages Io which art 'errtployoa's' namEt. wish your CA T3 69 02 iS In 2015 Tie Travaiecm lnikawMy r_oanpae%V A11 np %rmttNrif. Page ] of 4 ftkpUa cWyrigNed RratafisJ 01murame 5ewoic� s 00".ini; mth its Wft&sju COMM E RCEAL AUTO 1peimis n, whlle perfofming Cuties Jai) W0 respect Ci� any claim made or related to 11he conduct of dour bual- txcivgZ)R autsiCe the tlnlled States of OeS& Amery@, tM terrilories and possessions However_ any'aulo' Ihat IS leased, hired. or iw Uniled Swan of Amefca, RuerRo rented or borrarwed unlli a driver Is not a Rico and Carladgh: covere-d "auto" ill Yoe rnusl arranue Io defend the 'iin- O, EMPLOYEES A3 I NSU RED sura4'againg,and investigate or srgi- Tihe follcwmg Is arGded to?aratgrapn A,7,. Who is Cle any such claim or `sulC' and leap An I n sufed cf$EQ�710114 II -COVEMD AU TOE us sdv sed of all proc-eedmngs and ac- Ri4rl5. LIABILITY =VERACE �III� Neilh�er you nw any olfser �nvolVed Any 'employreed�f �is an dIr�sured'w�llie�s- insured' whl make any s�atlement Ersg a covered "auto"you don't awn, hire w0*0 our corr5arit in your bu!+rim or your peat aMpkm. dl�cre( E. SUPPLEMENTARY PAYMENTS w INCREASED ii.i) We may. a4 r Uan, participate in defending Me 'Insured' against. or LJMITS Io the settlement of, any ofalm or 1. The to+iowlnq repiams Paragraph A.2.#,(2}, F&ue. of SECTION Id -COVERED AUTO$ LkABIL- OvIl We will m4mburue the '�In5vred' rw ITY COVERAGE: liums that the min5ured' fegelly Tnust (21 Up to S,3.0�00 for cost of hail bur ds (m- pay as damages temme oll `body ctudiN t1onds for rafted lr-Hfliic law viala- Injury n pr'prppert� damopm to whiGh Rion) sequiripd i ecausQ of an "wxicl nt* Ihiis insurance opplieks, lhel kh.a in- we CGMer WEr co not have to furnish surad' pa wilh our ouftsitwt but Rhew b4rl , pill+ up t-Q the Ilmft dewrnbed i:n Para- 1. T-he Following replaces Para�raph A-2.a.(4), Dish C _ Limim Ol ln5uranua. of of SECTION li - COVERED AU TO$ LIABIL- SECTION II -- COVERED AUTO ITY COVERAGE: LIABELITY COVERAGE. (4) Alt remnabfe exparlrw5 inwrtd by the (v; We will ielmbur5e the "irimured" f-of "irmure¢' at owr re(west, inptudirjq :Rotual " r$aconaM p expenses incurred 10a5 of (;iarniing's VP W WO a duy b�3- with our COnsenl for ymr in - luso Of 61111M e3ff I,ti M W00 1c. tidn ar surh Claim$ rind ywr defense E?F F, HIRED AUTO - LIMITER WORLDWIDE COV- ws the tinsured" aQ�imt stay soh ERr4GE-INt�E14�NfTY BASES u�i", buR onGy vp toRnd Ir�oluded wOin the limit downibed in Pam- Tha Following rtplaos Subpar-@gwh (6) in Par-.k- 9M h Ci ti+tl3ils 01 Ir1aufarlf?1n�, Of graph ELT,, Policy P*riod, Overage Torvitoryf, BECT40N II - COVERED AUTOS of $EGINON IV - BUSINESS AUTO DONC I- LIABILITY COvE SAGE. and. not In TtON 3: additlork to such I1rniL Our duty 10 (5) Am/where in Ke wctg, except any oou" or make sum parrunts errs when we jurisdicbon white -any Rrafre Sanction, em- hava Ldetf Lip Ina Qkpplicable Ilrnii of be6go, OF sirllilar r6julatW irrlp�d by EN lnji unani:A In peyrxrer,Cs for damages, Untied Statas of Amariem appfiers to aced pry setwiffberris or defense ekpenses. habits the Inansanw of busiriess wR4 or (b) This Irr&urerkoa is ex-oaSs over any Malid wiMin Such cacia l'yr or jurisdiction, for Cow- and collae ihM oMor IrksurarKm available erg A=1 -, 1_:14abilifyr COY6994e tOf.0rty+anvOre I bO IM -in!ua'4W wbether primary, ax[MSS, 72ut6' that you base, hire, renl or Morrow eorliingar4t or on any other Cmis, wi?I oul a drivai Rw a FmfM of 313 drays ix JimS (el ThIS msurante is riot a subslilula for fe- and that is Trot an `IaulC y cu leap, here, rent quired or c cirnpufsory alsufance Its any or bomow from any of your '-smplayimis', country -nutsida the t nHod Stales, iEs ter- partners (iT you are a partnership), rriernbers Uteri-as arld possessions, Prrorio Ritro arpd (i! you are a limited liab4ily ermpany� or Cana$. nwmbem of their househms_ Page 2 of 4 12 2015 The Travalere lndenrniy Gampanp A11 naMb N]Wded. CA T3 J63 02 15 IrmAkWa cWyrigNed R W44 0inaurwoe SewoiceS 004a.Fnc *ikl�its ft&sj n COMMERCIAL C<IAL AUTO You egree to rnainttiin all requited cr (21 In or on your covered auto'. compul Insurance in anyt suM coun. rMrs coverage applies onIV in the event of a tolal Iry up Io thO rednimwm limits fequired by theft of wour ecivered 'auto'. Mr-al law. Youv faMura to campy with- No ftaUCWleS apply 10 IniS P(rrsoltial pcaperty mpuLwryt iltsumnce requiremerim will rat lavaliame U1B Coverage @Hobyrded b gaga. IN5 policy. bk4 we-will tMIy be Go41rr to thle K. AIRRACS same extent we would have Dem liabiiff TM.e foltomng is added tc Parag!aaFL e,a_, Exclu- had you c)mplied with the compulsory In- lions, of SECTION III - I HYI ICAL DAMA01= Durand requirernems. COVERAGE: 1d) it is understood that wa are snot an admll- Exduskm 12. CICH inm apply to 'Foss' to one ix led or autnci zed insurer autsiae tie more aim s in a oowred `auto' you own teat In- UnNe•d Stages of Anrmr'V3r ib5. lortorkis Hale Cue to a Ouse ormr Ihan -a cause c# -low and possessiorm, Puerto Rico and Can. reel fWh in Paragraphs A.I.b, -and A.A.c,, lrut ado_ Wry Assuffm no ri spWsihilityr For lh-A only: lumishmg or ce6ncgtes of IrGurance_ or i. If Mat dauw is a cowers# -aura' for o&mpfew For tornpl4rek In aoy wAy WAh tILA laws bensive average under this policy; of o0wr=mlrii65 relzaing W Insurance. b, The airwgI5 are ncl iNw-ef-ed andar any war. WANER OF fDEOUCTIBLE-GLASS ranty; and Zit&following iS added to Paragraph O., Dadui:tl- G- Thv �irbQg,5 weng nol imenticirolly irifl d blOr Uf SECT104 Ill - PHYSICAL DAMA05 'At will pay up Io a matxlmum of Si.OM tot any COVERAGE: one n -�, No cleduclible for a covered 'aut-o' wilt appry lc L_ BIOTIC F ANa K N OWLEDGE OF ACCIDENT OR gl dernage if the glass is repaired rather than LOSS raplaoad. Thee foftwtng is added to Pareagirwhi A,2-a.. of K HIRED AUTO PHYSICAL DAMAGE - LOSS OF SECTION IV 4 HUSINESS AUTO CONDITIONS: 'USE-INCREASED LIMIT You r duty to give us or our authorized seprasenta. Title folibwirig replace the la-s# semen a Gf Pisa, tine prompt notice of the 'ac6denl" or 'loss" up- graph AALb,, Lois Of U&S Expans-es, of 5EC- Gres only when Irw "ao!:idenV vr 'rose i5 kno1wni TION III -PHYSICAL DAMAGE COVERAGE. 1.0' However, me most we wall pay fir arnyr expenses tqlM Y1QLJ fit�orr ere ar, indfuidupIy: for Icy of use ii:5 5 iper dvy. W a maximum 1;4 (b) A paitner ;if you are a "r1r%i5hi9'i; 175D for any one'accidarrt'. {eM A memher (Lf yoy are a limited liablwlyr com. I_ PHYSICAL DAMAGE - TRANSPORTATION parly); E)CPENSES- INCREASED LIMIT (A) Ain axeculiva oFFie�r, director -or Irrsuramoa T&1 F&owing replaces the frrm serrhonc.i� in Parr Fneinager (if you are a carporstan cr oth1 r or- Rr" A,4_z_, TransparUWrii €xp ijo, of gani?_atlony or 3EClION Ill - PHYSICAL GANA06 COVER- (*M Any 'gyp �'authorized by yjju to give ro- AQE. tica of the 'acciidenl' cw'loss'. We will pay up to S60 per day fo a rnaxifflum of ML BLAIYKET WAIVER OF SUBROGATFON $1.:20 for lemporaiy lxansporlatiun expen6e In. This Fallowing fepla Paragifiiph A.S.. Trefis%r currad by you because or the bolal therPl of a cov- Of Rights Of Racavaty Agrtinst Others Tie Us. ered "auto"of the private ipa5serQur lypa, ixf SECTION I# - BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONC- T'he foI'nwing is wided la Paragraph A.4„ 1%yw. 6_ Tra n sftr Of Mglil5 ter Recovery Against iag* ExtortiSRorls, -�If SECTION III - PHYSICAL Others T-0 U!1 DAMAGE C OVERAGE: W-A waive any rigtrt or nar=�ry we may have Pergcnal Pmpddy against any person ew organizaliork Io ilha ex- tent requited of ya, Iayr a wrrtierr contract We will pgy vp 10 �400 F-w 'iojs' -W we-pTing ap- signed and emmulad prmt to any -amideril" par$l and oihat Wsonnal properly which ig: or'Icss', proyided Thal tW '=Aenl'cr'IosC (1) Owned Syr" 'insured': Bred arises out of oMaCcrrs conternplated byr CA T3 E3 D2 1.6 In 2015 The Travalere LndenwMy campae%p +ill ngh%rawod• Pace 3 of 4 Iridudba cWyrbNe4 wL@4 4 0 inaurmae Sewoaes C 0cc 4nc *iIh its ft&s u COMM E RCFAL AUTO such tract. The waiver applies oniV Io me The ur*ftn al omie� 0, or unintenvonal pemn Gf organiaaban designoied In such ewx In, any Inkkrmatlon +gWeo byr you shall rrol wnlraol_ prejudice your rights urhd$r this insurance. mm- UNINTENTIGNAL ERRORS OR -CMISSION;S ever this pf&aslon does inot affeci ouf rFgtK L to cN- 1 the Fol loxwin� is 26ded La paragraph B.2. Coin- lect additional premium or amf6se our light of coalmaint, Misraprosonixion, Or Fr2Ud Gi "++cellaklpr1 or n n•rerrewal SECTION IV—8 U SIN ESS AU TO CONO ITI ON S. Page 4 ijf 4 In 2015 The Travalere Ln ire mm y r-ampaA5 A)I n 9 M b r4lWead CA T3 53 02 15 I rid udba a%-frigNed wL@4�sJ 01na6rrmi d Sew,iaes ID04a.Fnc *,kl�iks Rkwu COMMERCIAL ALFTO POLICY NUMBER 8106N86975123 15SUE DATE: THIS ENDORSEh'1ENT C HANG E5 THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE Tlws endor5ement modffioes in5urarre prowgled vndgr;he following: BUSINESS AUTO COVERAGE FORM 'SCHEDULE OF ADDITIONAL INSURED PERSONS OR OROANIZATPOAES City of Kent Rft0v4$FO45 1. Th-e kAwmg is added to Paragraph ic. Kati A.1., 2. 1 ni� fo+loww1g rs addec [o F11artigraph 5„ Other Who It Are Insured. of SECTION tM- COVSRSO Insurance, in R_, General Condition.5. Vi AI, OS UARILMTY COVERAGE; SECTION IV- BUSINESS AUTO CONDITIONS: This IncjWe5 any person or organeatian Pegardless of the pr I)1s o( paragr.ipi1 a, ar�d &singnated in the Schedule Of AddMorol bsure•d paragraph d. of thts part 5. Other Iron ,irarce, th6 Pars*n5 Or Orgyarrixat ns who YOU are naquired irl5urance 15 Ornwy to and non-cororih tort' with under a wfitwn contract of agretnient between appkab#e other insurance Lea der whdch i11e you and that person or wganIzatitm, that Is perS041 or orgar� ration designated In the signed by you be4-fort~ tYi! toddy iNury- or Schedule Of }hdrMionat Insured Persons Or "property err age" oq:{um aa-id 1hal iS in effeO Organizations is the first marred insired when 11he during the po" period, t4a nafe as an additiunal written -C rrtr&& or agrrtern ew between you and insuried for cavexed Aulos Liability C rage_ bal ghat de*noted person or an;anixaiian, That is wly fod damages 10 WbIch this insurarwe appdim 9ignnd by you b2lure the 71x6ly injury' or end only to the gxtena Qt that designated pemQn'!5 -pro y damage" occurs -and that is mn e0ecl or ojatlization's tlabiky 9& the co ducl -of duwirrg the p-alacy period, requires Lhis inisurarme to woth&-Fisured', be primary acid mn,cant ribLdo y, CA T4 42 02 16 CP 2010 The T+ors in&wd9 Gwrvwv.AN NPLe ram. 'Page 1 of 1 POLICY NUMBER:CUP9J2924352343 UMBRELLA EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words"we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II — WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI — DEFINITIONS. SECTION I—COVERAGES provisions to the contrary contained in this insurance. A. COVERAGE A — EXCESS FOLLOW-FORM LIABILITY 3. The amount we will pay for damages is limited as described in SECTION III — LIMITS OF 1. We will pay on behalf of the insured those INSURANCE. sums, in excess of the "applicable underlying limit", that the insured becomes legally 4. For the purposes of Paragraph 1. above: obligated to pay as damages to which a. The applicable limit of insurance stated Coverage A of this insurance applies, provided for the policies of "underlying insurance" that the "underlying insurance" would apply to in the Schedule Of Underlying Insurance such damages but for the exhaustion of its will be considered to be reduced or applicable limits of insurance. If a sublimit is exhausted only by the following specified in any "underlying insurance", payments: Coverage A of this insurance applies to (1) Payments of judgments or damages that are in excess of that sublimit only settlements for damages that are if such sublimit is shown for that "underlying covered by that "underlying insurance" in the Schedule Of Underlying insurance". However, if such Insurance. "underlying insurance" has a policy 2. Coverage A of this insurance is subject to the period which differs from the policy g period of this Excess Follow-Form same terms, conditions, agreements, And Umbrella Liability Insurance, any exclusions and definitions as the "underlying such payments for damages that insurance", except with respect to any would not be covered by this Excess Follow-Form And Umbrella Liability EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 22 UMBRELLA Insurance because of its different policy date provision, the retroactive date for period will not reduce or exhaust the Coverage A of this insurance is the same as applicable limit of insurance stated for the retroactive date of that "underlying such "underlying insurance"; insurance". (2) Payments of "medical expenses" that B. COVERAGE B—UMBRELLA LIABILITY are covered by that "underlying 1. We will pay on behalf of the insured those insurance" and are incurred for "bodily sums in excess of the "self-insured retention" injury" caused by an accident that takes that the insured becomes legally obligated to place during the policy period of this pay as damages because of "bodily injury", Excess Follow-Form And Umbrella "property damage", "personal injury" or Liability Insurance; or "advertising injury" to which Coverage B of (3) Payments of defense expenses that this insurance applies. are covered by that "underlying 2. Coverage B of this insurance applies to insurance", only if such "underlying "bodily injury" or"property damage" only if: insurance" includes such payments within the limits of insurance. However, a. The "bodily injury" or"property damage" is if such "underlying insurance" has a caused by an 'occurrence" that takes policy period which differs from the place anywhere in the world; policy period of this Excess Follow- b. The "bodily injury" or "property damage" Form And Umbrella Liability Insurance, occurs during the policy period; and any such payments for defense c. Prior to the policy period, no insured listed expenses that would not be covered by under Paragraph 1. in Paragraph B., this Excess Follow-Form And Umbrella COVERAGE B — UMBRELLA Liability Insurance because of its LIABILITY, of SECTION II —WHO IS AN different policy period will not reduce or INSURED and no "employee" authorized exhaust the applicable limit of by you to give or receive notice of an insurance stated for such "underlying 'occurrence" or claim, knew that the insurance". "bodily injury" or "property damage" had If the applicable limit of insurance stated for occurred, in whole or in part. If such a the policies of "underlying insurance" in the listed insured or authorized "employee" Schedule Of Underlying Insurance is knew, prior to the policy period, that the actually reduced or exhausted by other "bodily injury" or "property damage" payments, Coverage A of this insurance is occurred, in whole or in part, then any not invalidated. However, in the event of a continuation, change or resumption of loss, we will pay only to the extent that we such "bodily injury" or "property damage" would have paid had such limit not been during or after the policy period will be actually reduced or exhausted by such deemed to have been known prior to the other payments. policy period. b. If any "underlying insurance" has a limit of 3. Coverage B of this insurance applies to insurance greater than the amount shown "personal injury" or "advertising injury" caused for that insurance in the Schedule of by an offense arising out of your business, but Underlying Insurance, this insurance will only if the offense was committed during the apply in excess of that greater amount. If policy period anywhere in the world. any "underlying insurance" has a limit of 4. The amount we will pay for damages is limited insurance, prior to any reduction or as described in SECTION III — LIMITS OF exhaustion by payment of damages, INSURANCE. medical expenses or defense expenses described in Paragraph a. above, that is 5. "Bodily injury" or"property damage": less than the amount shown for that a. Which occurs during the policy period; and insurance in the Schedule Of Underlying b. Which was not prior to, but was during, the Insurance, this insurance will apply in policy period known to have occurred by excess of the amount shown for such any insured listed under Paragraph 1. in insurance in the Schedule Of Underlying Paragraph B., COVERAGE B — Insurance. UMBRELLA LIABILITY of SECTION II — S. When the "underlying insurance" applies on a WHO IS AN INSURED, or any "employee" claims-made basis and includes a retroactive authorized by you to give notice of an "occurrence" or claim; Page 2 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA includes any continuation, change or Management Service Expenses Limit has resumption of the "bodily injury" or "property been exhausted, whichever occurs first. damage" after the end of the policy period. 4. The amount we will pay for "crisis 6. "Bodily injury" or "property damage" will be management service expenses" is limited as deemed to have been known to have occurred described in SECTION III — LIMITS OF at the earliest time when any insured listed INSURANCE. under Paragraph 1. in Paragraph B., 5. A "self-insured retention" does not apply to COVERAGE B — UMBRELLA LIABILITY, of "crisis management service expenses". SECTION II — WHO IS AN INSURED or any "employee" authorized by you to give or receive 6. Any payment of "crisis management service notice of an "occurrence" or claim: expenses" that we make will not be determinative of our obligations under this a. Reports all, or any part, of the"bodily injury" insurance with respect to any claim or "suit" or or "property damage" to us or any other create any duty to defend or indemnify any insurer; insured for any claim or"suit". b. Receives a written or verbal demand or D. DEFENSE AND SUPPLEMENTARY PAYMENTS claim for damages because of the "bodily 1. We will have the right and duty to defend the injury or property damage"; or insured: c. Becomes aware by any other means that a. Under Coverage A, against a "suit" the bodily injury or property damage has seeking damages to which such coverage occurred or has begun to occur. applies, if: 7. Damages because of "bodily injury" include (1) The "applicable underlying limit" is the damages claimed by any person or applicable limit of insurance stated for organization for care, loss of services or death resulting at any time from the"bodily injury". a policy of "underlying insurance" in the Schedule Of Underlying 8. Coverage B of this insurance does not apply to Insurance and such limit has been damages covered by any "underlying exhausted solely due to payments as insurance" or that would have been covered by permitted in Paragraphs 4.a.(1), (2) any "underlying insurance" but for the and (3) of COVERAGE A— EXCESS exhaustion of its applicable limit of insurance. FOLLOW-FORM LIABILITY of C. COVERAGE C — CRISIS MANAGEMENT SECTION I—COVERAGES; or SERVICE EXPENSES (2) The "applicable underlying limit" is the 1. We will reimburse the insured, or pay on the applicable limit of any "other insured's behalf, "crisis management service insurance" and such limit has been expenses"to which Coverage C applies. exhausted by payments of judgments, settlements or medical expenses, or 2. Coverage C of this insurance applies to "crisis related costs or expenses (if such management service expenses"that: costs or expenses reduce such a. Arise out of a "crisis management event" limits). that first commences during the policy For any "suit" for which we have the right period; and duty to defend the insured under b. Are incurred by the insured, after a "crisis Coverage A, defense expenses will be management event" first commences and within the limits of insurance of this policy before such event ends; and when such expenses are within the limits C. Are submitted to us within 180 days after of insurance of the applicable "underlying the "crisis management advisor" advises insurance"; or you that the "crisis management event" no b. Under Coverage B, against a "suit" longer exists. seeking damages to which such coverage 3. A"crisis management event"will be deemed to: applies. 2. We have no duty to defend any insured a. First commence at the time when any against any"suit": "executive officer" first becomes aware of an "event" or"occurrence"that leads to that a. Seeking damages to which this insurance "crisis management event"; and does not apply; or b. End when we decide that the crisis no b. If any other insurer has a duty to defend. longer exists or when the Crisis EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 3 of 22 UMBRELLA 3. When we have the duty to defend, we may, at With respect to a claim we investigate or our discretion, investigate and settle any claim settle, or "suit" against an insured we defend or "suit". In all other cases, we may, at our under COVERAGE A — EXCESS FOLLOW- discretion, participate in the investigation, FORM LIABILITY, these payments will not defense and settlement of any claim or"suit" for reduce the applicable limits of insurance, but damages to which this insurance may apply. If only if the applicable "underlying insurance" we exercise such right to participate, all provides for such payments in addition to its expenses we incur in doing so will not reduce limits of insurance. With respect to a claim we the applicable limits of insurance. investigate or settle, or "suit" against an 4. Our duty to defend ends when we have used up insured we defend under COVERAGE B — the applicable limit of insurance in the payment UMBRELLA LIABILITY, these payments will of judgments or settlements, or defense not reduce the applicable limits of insurance. expenses if such expenses are within the limits SECTION II—WHO IS AN INSURED of insurance of this policy. A. COVERAGE A — EXCESS FOLLOW-FORM 5. We will pay, with respect to a claim we LIABILITY investigate or settle, or "suit" against an insured With respect to Coverage A, the following persons we defend: and organizations qualify as insureds: a. All expenses we incur. 1. The Named Insured shown in the b. The cost of: Declarations; and (1) Bail bonds required because of 2. Any other person or organization qualifying as accidents or traffic law violations arising an insured in the "underlying insurance". If out of the use of any vehicle to which you have agreed to provide insurance for that this insurance applies; or person or organization in a written contract or (2) Appeal bonds and bonds to release agreement: attachments; a. The limits of insurance afforded to such but only for bond amounts within the person or organization will be: applicable limit of insurance. We do not (1) The amount by which the minimum have to furnish these bonds. limits of insurance you agreed to c. All reasonable expenses incurred by the provide such person or organization insured at our request to assist us in the in that written contract or agreement investigation or defense of such claim or exceed the total limits of insurance of "suit", including actual loss of earnings up all applicable "underlying insurance"; to $1,000 a day because of time off from or work. (2) The limits of insurance of this policy; d. All court costs taxed against the insured in whichever is less; and the "suit". However, these payments do not b. Coverage under this policy does not apply include attorneys' fees or attorneys' to such person or organization if the expenses taxed against the insured. minimum limits of insurance you agreed e. Prejudgment interest awarded against the to provide such person or organization in insured on that part of the judgment we that written contract or agreement are pay. If we make an offer to pay the wholly within the total limits of insurance applicable limit of insurance, we will not pay of all available applicable "underlying any prejudgment interest based on that insurance". period of time after the offer. B. COVERAGE B—UMBRELLA LIABILITY f. All interest that accrues on the full amount With respect to Coverage B: of any judgment after entry of the judgment and before we have paid, offered to pay or 1. The Named Insured shown in the deposited in court the part of the judgment Declarations is an insured. that is within the applicable limit of 2. If you are: insurance. If we do not pay part of the a. An individual, your spouse is also an judgment for any reason other than it is more than the applicable limit of insurance, insured, but only with respect to the we will not pay any interest that accrues on conduct of a business of which you are the sole owner. that portion of the judgment. Page 4 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA b. A partnership or joint venture, your damages because of the injury members, your partners and their spouses described in Paragraph (1)(a) or are also insureds, but only with respect to (b) above; or the conduct of your business. (d) Arising out of his or her providing c. A limited liability company, your members or failing to provide professional are also insureds, but only with respect to health care services. the conduct of your business. Your Unless you are in the business or managers are also insureds, but only with occupation of providing professional respect to their duties as your managers. health care services, Paragraphs d. An organization other than a partnership, (1)(a), (b), (c) and (d) above do not joint venture or limited liability company, apply to "bodily injury" arising out of your "officers" and directors are also providing or failing to provide first aid insureds, but only with respect to their or "Good Samaritan services" by any duties as your "officers" or directors. Your of your "employees" or "volunteer stockholders are also insureds, but only workers other than an employed or volunteer doctor. Any such with respect to their liability as stockholders. "employees" or "volunteer workers" providing or failing to provide first aid e. A trust, your trustees are also insureds, but or "Good Samaritan services" during only with respect to their duties as trustees. their work hours for you will be 3. Each of the following is also an insured: deemed to be acting within the scope of their employment by you or a. Your "volunteer workers" only while performing duties related to the performing duties related to the conduct of conduct of your business. your business, or your "employees", other than either your "officers" (if you are an (2) "Property damage"to property: organization other than a partnership, joint (a) Owned, occupied or used by; or venture or limited liability company) or your (b) Rented to, in the care, custody or managers (if you are a limited liability control of, or over which physical company), but only for acts within the control is being exercised for any scope of their employment by you or while purpose by; performing duties related to the conduct of you, any of your "employees" or your business. However, none of these "volunteer workers", any of your "employees" or "volunteer workers" are partners or members (if you are a insureds for: partnership or joint venture), or any of (1) "Bodily injury" or"personal injury": your members (if you are a limited (a) To you, to your partners or liability company). members (if you are a partnership b. Any person (other than your "employee" or joint venture), to your members or "volunteer worker"), or any (if you are a limited liability organization, while acting as your real company), to a co-"employee" estate manager. while in the course of his or her c. Any person or organization having proper employment or performing duties temporary custody of your property if you related to the conduct of your die, but only: business, or to your other (1) With respect to liability arising out of "volunteer workers" while the maintenance or use of that performing duties related to the property; and conduct of your business; (2) Until your legal representative has (b) To the spouse, child, parent, been appointed. brother or sister of that co- d. Your legal representative if you die, but "employee" or "volunteer worker" only with respect to duties as such. That as a consequence of Paragraph representative will have all your rights and (1)(a)above; duties under this insurance. (c) For which there is any obligation to 4. Any organization, other than a partnership, share damages with or repay joint venture or limited liability company, of someone else who must pay which you are the sole owner, or in which you EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 5 of 22 UMBRELLA maintain an ownership interest of more than the date, if any, during the policy period, that 50%, on the first day of the policy period is an you no longer maintain an ownership interest insured and will qualify as a Named Insured. No of more than 50% in such organization. such organization is an insured or will qualify as 3. Any organization you newly acquire or form, a Named Insured for "bodily injury" or "property other than a partnership, joint venture or damage" that occurred, or "personal injury" or limited liability company, and of which you are "advertising injury" caused by an offense the sole owner, or in which you maintain an committed after the date, if any, during the ownership interest of more than 50%, if there policy period, that you no longer maintain an is no other similar insurance available to that ownership interest of more than 50% in such organization. However: organization. a. Coverage under this provision is afforded 5. Any organization you newly acquire or form, only until the 180th day after you acquire other than a partnership, joint venture or limited or form the organization or the end of the liability company, and of which you are the sole policy period, whichever is earlier; and owner, or in which you maintain an ownership b. Coverage for such organization does not /o interest of more than 50%, is an insured and apply to "crisis management service will qualify as a Named Insured if there is no expenses" arising out of a "crisis other similar insurance available to that management event' that occurred before organization. However: you acquired or formed the organization, a. Coverage under this provision is afforded even if an "executive officer" only first only until the 180th day after you acquire or becomes aware of an "event" or form the organization or the end of the "occurrence" that leads to such "crisis policy period, whichever is earlier; and management event" after the date you b. Coverage for such organization does not acquired or formed the organization. apply to: No person or organization is an insured or will (1) "Bodily injury" or "property damage" qualify as a Named Insured with respect to the that occurred; or conduct of any current or past partnership, joint 11 venture or limited liability company that is not (2) Personal injury or advertising injury shown as a Named Insured in the Declarations. arising out of an offense committed; SECTION III—LIMITS OF INSURANCE before you acquired or formed the organization. A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay for the No person or organization is an insured or will amounts described below to which this insurance qualify as a Named Insured with respect to the applies regardless of the number of: conduct of any current or past partnership, joint venture or limited liability company that is not shown 1. Insureds; as a Named Insured in the Declarations. This 2. Claims made or"suits" brought; paragraph does not apply to any such partnership, joint venture or limited liability company that 3. Number of vehicles involved; otherwise qualifies as an insured under Paragraph 4. Persons or organizations making claims or B. of SECTION II—WHO IS AN INSURED. bringing "suits"; or C. COVERAGE C — CRISIS MANAGEMENT S. Coverages provided under this insurance. SERVICE EXPENSES With respect to Coverage C, the following persons As indicated in Paragraph D.1. of SECTION I — and organizations are insureds and will qualify as COVERAGES, for any "suit" for which we have Named Insureds: the right and duty to defend the insured under Coverage A, defense expenses will be within the 1. The Named Insured shown in the Declarations. limits of insurance of this policy when such 2. Any organization, other than a partnership, joint expenses are within the limits of insurance of the venture or limited liability company, of which applicable"underlying insurance". you are the sole owner, or in which you B. The General Aggregate Limit is the most we will maintain an ownership interest of more than pay for the sum of all: 50%, on the first day of the policy period. No such organization is an insured or will qualify as 1. Damages; and a Named Insured for "crisis management 2. Defense expenses if such expenses are service expenses" arising out of a "crisis within the limits of insurance of this policy; management event" that first commences after except: Page 6 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA 1. Damages and defense expenses because of 1. Asbestos "bodily injury" or "property damage" included in a. Damages arising out of the actual or the "auto hazard"; alleged presence or actual, alleged or 2. Damages and defense expenses because of threatened dispersal of asbestos, "bodily injury" or "property damage" included in asbestos fibers or products containing the "products-completed operations hazard"; or asbestos, provided that the damages are 3. Damages and defense expenses for which caused or contributed to by the hazardous insurance is provided under any Aircraft Liability properties of asbestos. coverage included as "underlying insurance" to b. Damages arising out of the actual or which no aggregate limit applies. alleged presence or actual, alleged or C. The Products-Completed Operations Aggregate threatened dispersal of any solid, liquid, Limit is the most we will pay for the sum of all: gaseous or thermal irritant or 1. Damages; and contaminant, including smoke, vapors, 2. Defense expenses if such expenses are within soot, fumes, acids, alkalis, chemicals and the limits of insurance of this policy; waste, and that are part of any claim or because of "bodily injury" or "property damage" "suit" which also alleges any damages included in the "products-completed operations described in Paragraph a. above. hazard". c. Any loss, cost or expense arising out of D. Subject to Paragraph B. or C. above, whichever any: applies, the Occurrence Limit is the most we will (1) Request, demand, order or statutory pay for the sum of all: or regulatory requirement that any 1. Damages, and defense expenses if such insured or others test for, monitor, expenses are within the limits of insurance of clean up, remove, contain, treat, this policy, under Coverage A arising out of any detoxify or neutralize, or in any way one "event" to which the "underlying insurance" respond to, or assess the effects of, applies a limit of insurance that is separate asbestos, asbestos fibers or products from any aggregate limit of insurance; and containing asbestos; or 2. Damages under Coverage B because of all (2) Claim or "suit" by or on behalf of any "bodily injury", "property damage", "personal governmental authority or any other injury" or "advertising injury" arising out of any person or organization because of one"occurrence". testing for, monitoring, cleaning up, For the purposes of determining the applicable removing, containing, treating, Occurrence Limit, all related acts or omissions detoxifying or neutralizing, or in any committed in the providing or failing to provide first way responding to, or assessing the aid or"Good Samaritan services"to any one person effects of, asbestos, asbestos fibers will be considered one"occurrence". or products containing asbestos. E. The Crisis Management Service Expenses Limit is 2. Employment-Related Practices the most we will pay for the sum of all "crisis Damages because of injury to: management service expenses" arising out of all a. A person arising out of an crisis management events". Payment of such p g y: "crisis management service expenses" is in addition (1)Refusal to employ that person; to, and will not reduce, any other limit of insurance (2)Termination of that person's of this policy. employment; or F. The limits of insurance of this policy apply (3) Employment-related practice, policy, separately to each consecutive annual period and act or omission, such as coercion, to any remaining period of less than 12 months, starting with the beginning of the policy period demotion, evaluation, reassignment, shown in the Declarations. If the policy period is discipline, failure to promote or extended after issuance for an additional period of advance, harassment, humiliation, less than 12 months, the additional period will be of discrimination, libel, slander, violation deemed part of the last preceding period for the pproosecsec r right l privacy, m purposes of determining the limits of insurance. malicious prosecution or false arrest, detention or imprisonment, applied to SECTION IV—EXCLUSIONS or directed at that person, regardless This insurance does not apply to: of whether such practice, policy, act A. With respect to Coverage A and Coverage B: or omission occurs, is applied or is EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 7 of 22 UMBRELLA committed before, during or after the c. Auto no-fault or other first-party personal time of that person's employment; or injury protection (PIP); b. The spouse, child, parent, brother or sister d. Supplementary uninsured/underinsured of that person as a consequence of injury motorists (New York); or to that person as described in Paragraphs e. Medical expense benefits and income a.(1), (2)or(3) above. loss benefits (Virginia). This exclusion applies: 7. War a. Whether the insured may be liable as an Damages arising out of: employer or in any other capacity; and b a. War, including undeclared or civil war; or . To any obligation to share damages with or repay someone else who must pay b. Warlike action by a military force, damages because of the injury. including action in hindering or defending 3. ERISA, COBRA And Similar Laws against an actual or expected attack, by any government, sovereign or other Any obligation of the insured under: authority using military personnel or other a. The Employees Retirement Income agents; or Security Act Of 1974 (ERISA) or any of its c. Insurrection, rebellion, revolution, usurped amendments; power or action taken by governmental b. The Consolidated Omnibus Budget authority in hindering or defending against Reconciliation Act of 1985 (COBRA) or any any of these. of its amendments; or 8. Workers Compensation And Similar Laws c. Any similar common or statutory law of any Any obligation of the insured under a workers jurisdiction. compensation, disability benefits or 4. Medical Expenses Or Payments unemployment compensation law or any similar law. Any obligation of the insured under any "medical expenses" or medical payments B. With respect to Coverage B: coverage. 1. Expected Or Intended Bodily Injury Or 5. Nuclear Material Property Damage Damages arising out of: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. a. The actual, alleged or threatened exposure This exclusion does not apply to "bodily injury" of any person or property to; or or"property damage" resulting from the use of b. The "hazardous properties" of; reasonable force to protect persons or any"nuclear material". property. As used in this exclusion: 2. Contractual Liability a. "Hazardous properties" includes "Bodily injury", "property damage", "personal radioactive, toxic or explosive properties; injury" or "advertising injury" for which the insured is obligated to pay damages by b. "Nuclear material" means "source reason of the assumption of liability in a material", "special nuclear material" or "by- contract or agreement. This exclusion does product material"; and not apply to liability for damages that the c. "Source material", "special nuclear insured would have in the absence of the material" and "by-product material" have contract or agreement. the meanings given them in the Atomic 3. Liquor Liability Energy Act of 1954 or any of its "Bodily injury" or "property damage" for which amendments. any insured may be liable by reason of: 6. Uninsured or Underinsured Motorists, No- a. Causing or contributing to the intoxication Fault And Similar Laws of any person, including causing or Any liability imposed on the insured, or the contributing to the intoxication of any insured's insurer, under any of the following person because alcoholic beverages were laws: permitted to be brought on your premises a. Uninsured motorists; for consumption on your premises; b. Underinsured motorists; Page 8 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA b. The furnishing of alcoholic beverages to a This exclusion applies even if the claims person under the legal drinking age or against any insured allege negligence or other under the influence of alcohol; or wrongdoing in the supervision, hiring, c. Any statute, ordinance or regulation relating employment, training or monitoring of others to the sale, gift, distribution or use of by that insured, if the "occurrence" which alcoholic beverages. caused the "bodily injury" or "property damage" involved the ownership, 4. Employers Liability maintenance, use or entrustment to others of "Bodily injury"to: any aircraft that is owned or operated by or a. An "employee" of the insured arising out of rented or loaned to any insured. and in the course of: 7. Auto (1) Employment by the insured; or "Bodily injury" or "property damage" arising (2) Performing duties related to the out of the ownership, maintenance, use or conduct of the insured's business; or entrustment to others of any "auto". Use b. The spouse, child, parent, brother or sister includes operation and "loading or unloading". of that "employee" as a consequence of This exclusion applies even if the claims "bodily injury" described in Paragraph a. against any insured allege negligence or other above. wrongdoing in the supervision, hiring, This exclusion applies: employment, training or monitoring of others by that insured, if the "occurrence" which a. Whether the insured may be liable as an caused the "bodily injury" or "property employer or in any other capacity; and damage" involved the ownership, b. To any obligation to share damages with or maintenance, use or entrustment to others of repay someone else who must pay any"auto". damages because of the "bodily injury". This exclusion does not apply to"bodily injury" 5. Pollution or "property damage" caused by an a. "Bodily injury", "property damage", "occurrence" that takes place outside of the "personal injury" or "advertising injury" United States of America (including its arising out of the actual, alleged or territories and possessions), Puerto Rico and threatened discharge, dispersal, seepage, Canada. migration, release or escape of"pollutants". 8• Watercraft b. Any loss, cost or expense arising out of "Bodily injury" or "property damage" arising any: out of the ownership, maintenance, use or (1) Request, demand, order or statutory or entrustment to others of any watercraft owned regulatory requirement that any insured or operated by or rented or loaned to any or any other person or organization test insured. Use includes operation and "loading for, monitor, clean up, remove, contain, or unloading". treat, detoxify or neutralize, or in any This exclusion applies even if the claims way respond to, or assess the effects against any insured allege negligence or other of, "pollutants"; or wrongdoing in the supervision, hiring, (2) Claim or "suit" by or on behalf of any employment, training or monitoring of others governmental authority or any other by that insured, if the "occurrence" which person or organization because of caused the "bodily injury" or "property testing for, monitoring, cleaning up, damage" involved the ownership, removing, containing, treating, maintenance, use or entrustment to others of detoxifying or neutralizing, or in any any watercraft that is owned or operated by or way responding to, or assessing the rented or loaned to any insured. effects of, "pollutants". This exclusion does not apply to a watercraft: 6. Aircraft a. While ashore on premises owned by or "Bodily injury" or "property damage" arising out rented to any insured; or of the ownership, maintenance, use or b. That is 50-feet long or less and that: entrustment to others of any aircraft owned or (1) You own; or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 9 of 22 UMBRELLA (2) You do not own and is not being used "your work" after it has been put to its to carry any person or property for a intended use. charge. 12. Recall Of Products, Work Or Impaired 9. Electronic Data Property Damages claimed for the loss of, loss of use of, Damages claimed for any loss, cost or damage to, corruption of, inability to access, or expense incurred by you or others for the loss inability to manipulate"electronic data". of use, withdrawal, recall, inspection, repair, 10. Damage To Property, Products Or Work replacement, adjustment, removal or disposal of: "Property damage"to: a. "Your product"; a. Property you own, rent or occupy, including b. "Your work"; or any costs or expenses incurred by you, or any other person or organization, for repair, c. "Impaired property"; replacement, enhancement, restoration or if such product, work or property is withdrawn maintenance of such property for any or recalled from the market or from use by reason, including prevention of injury to a any person or organization because of a person or damage to another's property; known or suspected defect, deficiency, b. Premises you sell, give away or abandon if inadequacy or dangerous condition in it. the "property damage" arises out of any 13. Violation Of Consumer Financial part of those premises; Protection Laws c. Property loaned to you; "Bodily injury", "property damage", "personal d. Personal property in the care, custody or injury" or"advertising injury" arising out of any control of the insured; actual or alleged violation of a "consumer financial protection law", or any other "bodily e. That particular part of real property on injury", "property damage", "personal injury" or which you or any contractors or "advertising injury" alleged in any claim or subcontractors working directly or indirectly "suit"that also alleges any such violation. on your behalf are performing operations if 14. Unsolicited Communication the "property damage" arises out of those operations; "Bodily injury", "property damage", "personal injury" or"advertising injury" arising out of any f. That particular part of any property that actual or alleged violation of any law that must be restored, repaired or replaced restricts or prohibits the sending, transmitting because "your work" was incorrectly or distributing of"unsolicited communication". performed on it; 15. Access Or Disclosure Of Confidential Or g. "Your product" arising out of "your product" Personal Information or any part of it; or "Bodily injury", "property damage", "personal h. "Your work" arising out of "your work" or injury" or"advertising injury" arising out of any any part of it and included in the "products- access to or disclosure of any person's or completed operations hazard". organization's confidential or personal 11. Damage To Impaired Property Or Property information. Not Physically Injured 16. Knowing Violation Of Rights Of Another "Property damage" to "impaired property", or "Personal injury" or"advertising injury" caused property that has not been physically injured, by or at the direction of the insured with the arising out of: knowledge that the act would violate the rights a. A defect, deficiency, inadequacy or of another and would inflict "personal injury" dangerous condition in "your product" or or"advertising injury". "your work"; or 17. Material Published With Knowledge Of b. A delay or failure by you, or anyone acting Falsity on your behalf, to fulfill the terms of a "Personal injury" or "advertising injury" arising contract or agreement. out of oral or written publication, including This exclusion does not apply to the loss of use publication by electronic means, of material, if of other property arising out of sudden and done by or at the direction of the insured with accidental physical injury to "your product" or knowledge of its falsity. Page 10 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA 18. Material Published Or Used Prior To Policy b. Any other "personal injury" or "advertising Period injury" alleged in any claim or "suit" that a. "Personal injury" or "advertising injury" also alleges any such infringement or arising out of oral or written publication, violation of another's copyright, "title" or including publication by electronic means, "slogan" in your"advertisement". of material whose first publication took 24. Insureds In Media And Internet Type place before the beginning of the policy Business period; or "Personal injury" or "advertising injury" arising b. "Advertising injury" arising out of out of an offense committed by an insured infringement of copyright, "title" or "slogan" whose business is: in your "advertisement" whose first a. Advertising, "broadcasting" or publishing; infringement in your "advertisement' was committed before the beginning of the b. Designing or determining content of web- policy period. sites for others; or 19. Criminal Acts c. An Internet search, access, content or "Personal injury" or "advertising injury" arising service provider. out of a criminal act committed by or at the This exclusion does not apply to Paragraphs direction of the insured. a.(1), (2) and (3) of the definition of "personal 20. Breach Of Contract injury". "Personal injury or advertising injury arising For the purposes of this exclusion: out of a breach of contract. a. Creating and producing correspondence 21. Quality Or Performance Of Goods — Failure written in the conduct of your business, To Conform To Statements bulletins, financial or annual reports, or newsletters about your goods, products or "Advertising injury" arising out of the failure of services will not be considered the goods, products or services to conform with any business of publishing; and statement of quality or performance made in your"advertisement". b. The placing of frames, borders or links, or advertising, for you or others anywhere on 22. Wrong Description Of Prices the Internet will not, by itself, be "Advertising injury" arising out of the wrong considered the business of advertising, description of the price of goods, products or "broadcasting" or publishing. services stated in your"advertisement". 25. Electronic Chatrooms Or Bulletin Boards 23. Intellectual Property "Personal injury" or "advertising injury" arising "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board out of any actual or alleged infringement or the insured hosts, owns or over which the violation of any of the following rights or laws, or insured exercises control. any other"personal injury" or"advertising injury" 26. Unauthorized Use Of Another's Name Or alleged in any claim or "suit" that also alleges Product any such infringement or violation: "Personal injury" or "advertising injury" arising a. Copyright; out of the unauthorized use of another's name b. Patent; or product in your e-mail address, domain c. Trade dress; name or metatag, or any other similar tactics d. Trade name; to mislead another's potential customers. e. Trademark; C. With respect to Coverage C: Newly Acquired, Controlled Or Formed f. Trade secret; or Entities g. Other intellectual property rights or laws. "Crisis management service expenses" arising out This exclusion does not apply to: of a "crisis management event" that involves any a. "Advertising injury" arising out of any actual organization you newly acquire or form and that or alleged infringement or violation of occurred prior to the date you acquired or formed another's copyright, "title" or "slogan" in that organization, even if an "executive officer" your"advertisement"; or only first becomes aware of an "event" or "occurrence" that leads to such "crisis EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 11 of 22 UMBRELLA management event" after the date you acquired or D. CHANGES formed such organization. This policy contains all the agreements between SECTION V—CONDITIONS you and us concerning the insurance afforded. No A. APPEALS change can be made in the terms of this insurance except with our consent. The terms of 1. If the insured or the insured's "underlying this insurance can be amended or waived only by insurer" elects not to appeal a judgment which endorsement issued by us and made a part of this exceeds the "applicable underlying limit" or policy. "self-insured retention", we may do so. E. CURRENCY 2. If we appeal such a judgment, we will pay all costs of the appeal. These payments will not Payments for damages or expenses described in reduce the applicable limits of insurance. In no Paragraph 5. of Paragraph D., DEFENSE AND SUPPLEMENTARY PAYMENTS, of SECTION event will our liability exceed the applicable limit of insurance. — COVERAGES will be in the currency of the United States of America. At our sole option, we B. BANKRUPTCY may make these payments in a different currency. 1. Bankruptcy or insolvency of the insured or of Any necessary currency conversion for such the insured's estate will not relieve us of our payments will be calculated based on the rate of obligations under this insurance. exchange published in the Wall Street Journal 2. In the event of bankruptcy or insolvency of any immediately preceeding the date the payment is "underlying insurer", this insurance will not processed. replace such bankrupt or insolvent "underlying F. DUTIES REGARDING AN EVENT, insurer's" policy, and this insurance will apply as OCCURRENCE, CLAIM OR SUIT if such "underlying insurer" had not become 1. You must see to it that we are notified as bankrupt or insolvent. soon as practicable of an "event" or C. CANCELLATION "occurrence" which may result in a claim under this insurance. To the extent possible, 1. The first Named Insured shown in the notice should include: Declarations may cancel this insurance by a. How, when and where the "event" or mailing or delivering to us advance written notice of cancellation. "occurrence"took place; 2. We may cancel this insurance by mailing or b. The names and addresses of any delivering to such first Named Insured written persons or organizations sustaining injury, damage or loss, and the names and notice of cancellation at least: addresses of any witnesses; and a. 10 days before the effective date of c. The nature and location of any injury or cancellation if we cancel for nonpayment of damage arising out of the "event" or premium; or "occurrence". b. 60 days before the effective date of 2. If a claim is made or "suit" is brought against cancellation if we cancel for any other any insured which may result in a claim under reason. this insurance, you must see to it that we 3. We will mail or deliver our notice to such first receive written notice of the claim or "suit" as Named Insured's last mailing address known to soon as practicable. us. 3. With respect to Coverage A, the insured 4. Notice of cancellation will state the effective must: date of cancellation. The policy period will end a. Cooperate with us in the investigation, on that date. settlement or defense of any claim or 5. If this insurance is cancelled, we will send such "suit"; first Named Insured any premium refund due. If b. Comply with the terms of the "underlying we cancel, the refund will be pro rata. If such insurance"; and first Named Insured cancels, the refund may be c. Pursue all rights of contribution or less than pro rata. The cancellation will be effective even if we have not made or offered a indemnity against any person or refund. organization who may be liable to the insured because of the injury, damage or 6. If notice is mailed, proof of mailing will be loss for which insurance is provided under sufficient proof of notice. Page 12 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA this policy or any policy of "underlying c. The nature and location of any injury or insurance". damage arising out of that "crisis 4. With respect to Coverage B, the insured must: management event"; and a. Immediately send us copies of any d. The reason that "crisis management demands, notices, summonses or legal event" is likely to involve damages papers received in connection with the covered by this insurance in excess of the claim or"suit"; "applicable underlying limit" or "self- b. Authorize us to obtain necessary records insured retention" and involve regional or and other information; national media coverage. C. Cooperate with us in the investigation, H. EXAMINATION OF YOUR BOOKS ANDRECORDS settlement or defense of any claim or"suit"; and We may examine and audit your books and d. Assist us, upon our request, in the records as they relate to this insurance: enforcement of any right against any 1. At any time during the policy period; person or organization which may be liable 2. Up to three years after the end of the policy to the insured because of injury or damage period; and to which Coverage B may apply. 3. Within one year after final settlement of all 5. No insured will, except at that insured's own claims under this insurance. expense, voluntarily make a payment, assume I. EXTENDED REPORTING PERIOD OPTION any obligation, make any admission or incur any expense, other than for first aid for "bodily 1. When the "underlying insurance" applies on a injury" covered by this insurance, without our claims-made basis, any automatic or basic consent. "extended reporting period" in such 6. Knowledge of an "event", "occurrence", claim or "underlying insurance" will apply to thisinsurance. "suit" by your agent, servant or "employee" will not constitute knowledge by you, unless your 2. When the "underlying insurance" applies on a insurance or risk manager, or anyone working claims-made basis and you elect to purchase in the capacity as your insurance or risk an optional or supplemental "extended manager, or anyone you designate with the reporting period" in such "underlying responsibility of reporting an "event", insurance," that "extended reporting period" "occurrence", claim or"suit": will apply to this insurance only if: a. Has received notice of such "event", a. A written request to purchase an "occurrence", claim or "suit" from such Extended Reporting Period endorsement agent, servant or"employee"; or for this insurance is made by you and received by us within 90 days after the b. Otherwise has knowledge of such "event", end of the policy period; "occurrence", claim or "suit". b. You have paid all premiums due for this G. DUTIES REGARDING A CRISIS MANAGEMENT policy at the time you make such request; EVENT c. You promptly pay the additional premium You must: we charge for the Extended Reporting 1. Notify us within 30 days of a "crisis Period endorsement for this insurancewhen due. We will determine that management event" that may result in "crisis additional premium after we have management service expenses". received your request for the Extended 2. Provide written notice of the "crisis Reporting Period endorsement for this management event" as soon as practicable. To insurance. That additional premium is not the extent possible, notice should include: subject to any limitation stated in the "underlying insurance" on the amount or a. How, when and where that "crisis percentage of additional premium that management event"took place; may be charged for the "extended b. The names and addresses of any persons reporting period" in such "underlying or organizations sustaining injury, damage insurance"; and or loss, and the named and addresses of any witnesses; EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 13 of 22 UMBRELLA d. That Extended Reporting Period the full policy period of this Excess Follow- endorsement is issued by us and made a Form And Umbrella Liability Insurance. This part of this policy. provision does not apply to the reduction or 3. Any Extended Reporting Period endorsement exhaustion of the aggregate limit or limits of for this insurance will not reinstate or increase such "underlying insurance" solely by the Limits of Insurance or extend the policy payments as permitted in Paragraphs 4.a.(1), period. (2) and (3) of COVERAGE A — EXCESS 4. Except with respect to any provisions to the FOLLOW-FORM LIABILITY of SECTION I — contrary contained in Paragraphs 1., 2. or 3. COVERAGES. As such policies expire, you above, all provisions of any option to purchase will renew them at limits and with coverage at an "extended reporting period" granted to you in least equal to the expiring limits of insurance. the "underlying insurance" apply to this If you fail to comply with the above insurance. requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay J. INSPECTIONS AND SURVEYS only to the extent that we would have paid had 1. We have the right but are not obligated to: you complied with the above requirements. a. Make inspections and surveys at any time; 2. The first Named Insured shown in the b. Give you reports on the conditions we find; Declarations must give us written notice of and any change in the "underlying insurance" as c. Recommend changes. respects: 2. Any inspections, surveys, reports or a. Coverage; recommendations relate only to insurability and b. Limits of insurance; the premiums to be charged. We do not make c. Termination of any coverage; or safety inspections. We do not undertake to perform the duty of any person or organization d. Exhaustion of aggregate limits. to provide for the health or safety of workers or 3. If you are unable to recover from any the public. We do not warrant that conditions: "underlying insurer" because you fail to a. Are safe or healthful; or comply with any term or condition of the b. Comply with laws, regulations, codes or "underlying insurance", Coverage A is not invalidated. However, we will pay for any loss standards. only to the extent that we would have paid had K. LEGAL ACTION AGAINST US you complied with that term or condition in 1. No person or organization has a right under this that"underlying insurance". insurance: M. OTHER INSURANCE a. To join us as a party or otherwise bring us This insurance is excess over any valid and into a "suit" asking for damages from an collectible "other insurance" whether such "other insured; or insurance" is stated to be primary, contributing, b. To sue us on this insurance unless all of its excess, contingent or otherwise. This provision terms have been fully complied with. does not apply to a policy bought specifically to 2. A person or organization may sue us to recover apply as excess of this insurance. on an agreed settlement or on a final judgment However, if you specifically agree in a written against an insured. We will not be liable for contract or agreement that the insurance provided damages that: to any person or organization that qualifies as an a. Are not payable under the terms of this insured under this insurance must apply on a insurance; or primary basis, or a primary and non-contributory b. Are in excess of the applicable limit of basis, then insurance provided under Coverage A insurance. is subject to the following provisions: An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L. MAINTENANCE OF UNDERLYING INSURANCE 1. The insurance afforded by each policy of "underlying insurance" will be maintained for Page 14 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA 1. This insurance will apply before any "other provide insurance in such country or insurance" that is available to such additional jurisdiction; or insured which covers that person or b. The furnishing of certificates or other organization as a named insured, and we will evidence of insurance in any country or not share with that "other insurance", provided jurisdiction in which we are not licensed to that the injury or damage for which coverage is provide insurance. sought is caused by an "event" that takes place QPROHIBITED COVERAGE — TRADE OR or is committed subsequent to the signing of ' ECONOMIC SANCTIONS that contract or agreement by you. 2. This insurance is still excess over any valid and We will provide coverage for any loss, or collectible "other insurance", whether primary, otherwise will provide any benefit, only to the extent that providing such coverage or benefit excess, contingent or otherwise, which covers does not expose us or any of our affiliated or that person or organization as an additional parent companies to: insured or as any other insured that does not qualify as a named insured. 1. Any trade or economic sanction under any law or regulation of the United States of America; N. PREMIUM or 1. The first Named Insured shown in the 2. Any other applicable trade or economic Declarations is responsible for the payment of sanction, prohibition or restriction. all premiums and will be the payee for any R. REPRESENTATIONS return premiums. 2. If the premium is a flat charge, it is not subject By accepting this insurance, you agree: to adjustment except as provided in Paragraph 1. The statements in the Declarations and any 4. below. subsequent notice relating to "underlying 3. If the premium is other than a flat charge, it is insurance" are accurate and complete; an advance premium only. The earned 2• Those statements are based upon premium will be computed at the end of the representations you made to us; and policy period, or at the end of each year of the 3. We have issued this insurance in reliance policy period if the policy period is two years or upon your representations. longer, at the rate shown in the Declarations, S. SEPARATION OF INSUREDS subject to the Minimum Premium. Except with respect to the Limits of Insurance, 4. Additional premium may become payable when and any rights or duties specifically assigned in coverage is provided for additional insureds this policy to the first Named Insured shown in the under the provisions of SECTION II — WHO IS Declarations,this insurance applies: AN INSURED. 1. As if each Named Insured were the only O. PREMIUM AUDIT Named Insured; and The premium for this policy is the amount stated in 2. Separately to each insured against whom Item S. of the Declarations. The premium is a flat claim is made or"suit" is brought. charge unless it is specified in the Declarations as T. WAIVER OR TRANSFER OF RIGHTS OF adjustable. RECOVERY AGAINST OTHERS TO US P. PROHIBITED COVERAGE — UNLICENSED 1. If the insured has rights to recover all or part INSURANCE of any payment we have made under this 1. With respect to loss sustained by any insured in insurance, those rights are transferred to us a country or jurisdiction in which we are not and the insured must do nothing after loss to licensed to provide this insurance, this impair them. At our request, the insured will insurance does not apply to the extent that bring suit or transfer those rights to us and insuring such loss would violate the laws or help us, and with respect to Coverage A, the regulations of such country or jurisdiction. "underlying insurer", enforce them. 2. We do not assume responsibility for: If the insured has agreed in a contract or agreement to waive that insured's right of a. The payment of any fine, fee, penalty or other charge that may be imposed on any recovery against any person or organization, we waive our right of recovery against that person or organization in any country or person or organization, but only for payments jurisdiction because we are not licensed to we make because of an "event" that takes place or is committed subsequent to the EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 15 of 22 UMBRELLA execution of that contract or agreement by such SECTION VI—DEFINITIONS insured. A. With respect to all coverages of this insurance: 2. Reimbursement of any amount recovered will 1. "Applicable underlying limit" means the sum of: be made in the following order: a. First, to any person or organization a. The applicable limit of insurance stated (including us or the insured) who has paid for the policies of "underlying insurance" any amount in excess of the applicable limit in the Schedule Of Underlying Insurance of insurance; subject to the provisions in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — b. Next, to us; and EXCESS FOLLOW-FORM LIABILITY of c. Then, to any person or organization SECTION I—COVERAGES; and (including the insured and with respect to b. The applicable limit of insurance of any Coverage A, the "underlying insurer") that "other insurance"that applies. is entitled to claim the remainder, if any. The limits of insurance in any policy of 3. Expenses incurred in the process of recovery "underlying insurance"will apply even if: will be divided among all persons or organizations receiving amounts recovered a. The "underlying insurer" claims the according to the ratio of their respective insured failed to comply with any term or recoveries. condition of the policy; or U. TRANSFER OF YOUR RIGHTS AND DUTIES b. The "underlying insurer" becomes UNDER THIS INSURANCE bankrupt or insolvent. 1. Your rights and duties under this insurance may 2. "Auto hazard" means all "bodily injury" and not be transferred without our written consent "property damage" to which liability insurance except in the case of death of an individual afforded under an auto policy of "underlying Named Insured. insurance" would apply but for the exhaustion 2. If you die, your rights and duties will be of its applicable limits of insurance. transferred to your legal representative but only 3. "Electronic data" means information, facts or while acting within the scope of duties as your programs stored as or on, created or used on, legal representative. Until your legal or transmitted to or from computer software representative is appointed, anyone having (including systems and applications software), proper temporary custody of your property will hard or floppy disks, CD-ROMs,tapes, drives, have your rights and duties but only with cells, data processing devices or any other respect to that property. media which are used with electronically V. UNINTENTIONAL OMISSION OR ERROR controlled equipment. The unintentional omission of, or unintentional error 4. "Event" means an "occurrence", offense, in, any information provided by you which we relied accident, act, error, omission, wrongful act or upon in issuing this policy will not prejudice your loss. rights under this insurance. However, this provision S. "Extended reporting period" means any period does not affect our right to collect additional of time, starting with the end of the policy premium or to exercise our rights of cancellation or period of your claims-made insurance, during nonrenewal in accordance with applicable which claims or "suits" may be first made, insurance laws or regulations. brought or reported for that insurance. W. WHEN LOSS IS PAYABLE 6. "Medical expenses" means expenses to If we are liable under this insurance, we will pay for which any Medical Payments section of any injury, damage or loss after: policy of Commercial General Liability 1. The insured's liability is established by: "underlying insurance" applies. a. A court decision; or 7. "Other insurance" means insurance, or the b. A written agreement between the claimant, funding of losses, that is provided by, through or on behalf of: the insured, any "underlying insurer" and us; and a. Another insurance company; 2. The amount of the "applicable underlying limit" b. Us or any of our affiliated insurance or "self-insured retention" is paid by or on companies; behalf of the insured. c. Any risk retention group; Page 16 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA d. Any self-insurance method or program, in Commercial General Liability which case the insured will be deemed to "underlying insurance" states that be the provider of such insurance; or products-completed operations are e. Any similar risk transfer or risk subject to the General Aggregate management method. Limit. "Other insurance" does not include: 9• "Suit" means a civil proceeding which alleges a. Any"underlying insurance"; or damages. "Suit" includes: a. An arbitration proceeding in which b. Any policy of insurance specifically damages are claimed and to which the purchased to be excess of the limits of insured must submit or does submit with insurance of this policy shown in the our consent; or Declarations. 8. "Products-completed operations hazard": b. Any other alternative dispute resolution proceeding to which the insured submits a. Includes all "bodily injury" and "property with our consent. damage" occurring away from premises 10. "Underlying insurance": you own or rent and arising out of "your product" or"your work" except: a. Means the policy or policies of insurance (1) Products that are still in your physical listed in the Schedule Of Underlying possession: or Insurance. (2) Work that has not yet been completed b. Includes any renewal or replacement of or abandoned. However, "your work" such policies if such renewal or will be deemed completed at the replacement is during the policy period of earliest of the following times: this Excess Follow-Form And Umbrella (a) When all the work called for in your Liability Insurance. contract has been completed; c. Does not include any part of the policy (b) When all the work to be done at the period of any of the policies described in job site has been completed if your Paragraphs a. or b. above that began contract calls for work at more than before, or that continues after, the policy one job site; or period of this Excess Follow-Form And Umbrella Liability Insurance. (c) When that part of the work done at 11. "Underlying insurer" means any insurer which a job site has been put to its intended use by any person or provides a policy of insurance listed in the organization other than another Schedule Of Underlying Insurance. contractor or subcontractor working B. With respect to Coverage B and, to the extent that on the same project. the following terms are not defined in the Work that may need service, "underlying insurance",to Coverage A: maintenance, correction, repair or 1. "Advertisement" means a notice that is replacement, but which is otherwise broadcast or published to the general public complete, will be treated as completed. or specific market segments about your b. Does not include "bodily injury" or "property goods, products or services for the purpose of damage" arising out of: attracting customers or supporters. For the (1) The transportation of property, unless purposes of this definition: the injury or damage arises out of a a. Notices that are published include condition in or on a vehicle not owned material placed on the Internet or on or operated by you, and that condition similar electronic means of was created by the "loading or communication; and unloading" of that vehicle by any b. Regarding web sites, only that part of a insured; web site that is about your goods, (2) The existence of tools, uninstalled products or services for the purposes of equipment or abandoned or unused attracting customers or supporters is materials; or considered an advertisement. (3) Products or operations for which the 2. "Advertising injury": classification listed in a policy of EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 17 of 22 UMBRELLA a. Means injury, other than "personal injury", b. In, by or with any other electronic means caused by one or more of the following of communication, such as the Internet, if offenses: that material is part of: (1) Oral or written publication, including (1) Radio or television programming publication by electronic means, of being transmitted; material in your "advertisement" that (2) Other entertainment, educational, slanders or libels a person or instructional, music or news organization or disparages a person's programming being transmitted; or or organization's goods, products or services, provided that the claim is (3) Advertising transmitted with any such made or the "suit" is brought by a programming. person or organization that claims to 6. "Consumer financial identity information" have been slandered or libeled, or that means any of the following information for a claims to have had its goods, products person that is used or collected for the or services disparaged; purpose of serving as a factor in establishing (2) Oral or written publication, including such person's eligibility for personal credit, publication by electronic means, of insurance or employment or for the purpose material in your"advertisement"that: of conducting a business transaction: (a) Appropriates a person's name, a. Part or all of the account number, the voice, photograph or likeness; or expiration date or the balance of any (b) Unreasonably places a person in a credit, debit, bank or other financial account; false light; or (3) Infringement of copyright, "title" or b. Information bearing on a person's credit worthiness, credit standing or credit "slogan" in your "advertisement", capacity; provided that the claim is made or the "suit" is brought by a person or c. Social security number; organization that claims ownership of d. Driver's license number; or such copyright, "title" or"slogan". e. Birth date. b. Includes "bodily injury" caused by one or 7, "Consumer financial protection law" means: more of the offenses described in Paragraph a. above. a. The Fair Credit Reporting Act (FCRA) and 3. "Auto" means: any of its amendments, including the Fair and Accurate Credit Transactions Act a. A land motor vehicle, trailer or semitrailer (FACTA); designed for travel on public roads, b. California's Song-Beverly Credit Card Act including any attached machinery or and any of its amendments; or equipment; or b. Any other land vehicle that is subject to a c. Any other law or regulation that restricts or prohibits the collection, dissemination, compulsory or financial responsibility law or transmission, distribution or use of other motor vehicle insurance law where it "consumer financial identity information". is licensed or principally garaged. includes a "leased worker". However, "auto" does not include "mobile $• "Employee" equipment". Employee does not Include a temporary worker". 4. "Bodily injury" means: 9. "Good Samaritan services" means any a. Physical harm, including sickness or emergency medical services for which no disease, sustained by a person; or compensation is demanded or received. b. Mental anguish, injury or illness, or 10. "Impaired property" means tangible property, emotional distress, resulting at any time other than "your product" or "your work", that from such physical harm, sickness or cannot be used or is less useful because: disease. a. It incorporates "your product" or "your 5. "Broadcasting" means transmitting any audio or work" that is known or thought to be visual material for any purpose: defective, deficient, inadequate or a. By radio or television; or dangerous; or Page 18 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA b. You have failed to fulfill the terms of a exploration, lighting and well servicing contract or agreement; equipment; or if such property can be restored to use by the (2) Cherry pickers and similar devices repair, replacement, adjustment or removal of used to raise or lower workers. "your product" or "your work" or your fulfilling f. Vehicles not described in Paragraph a., b., the terms of the contract or agreement. c. or d. above maintained primarily for 11. "Leased worker" means a person leased to you purposes other than the transportation of by a labor leasing firm under an agreement persons or cargo. between you and the labor leasing firm, to However, self-propelled vehicles with the perform duties related to the conduct of your following types of permanently attached business. "Leased worker" does not include a equipment are not "mobile equipment" but "temporary worker". will be considered "autos": 12. "Loading or unloading" means the handling of (1) Equipment designed primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or "auto"; or (2) Cherry pickers and similar devices mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a welding, building cleaning, geophysical mechanical device, other than a hand truck, exploration, lighting and well servicing that is not attached to the aircraft, watercraft or equipment. "auto". However, "mobile equipment" does not include 13. "Mobile equipment" means any of the following any land vehicle that is subject to a compulsory types of land vehicles, including any attached or financial responsibility law, or other motor machinery or equipment: vehicle insurance law, where it is licensed or a. Bulldozers, farm machinery, forklifts and principally garaged. Such land vehicles are considered "autos". other vehicles designed for use principally off 14. "Occurrence" means: public roads. b. Vehicles maintained for use solely on or next a. With respect to "bodily injury" or "property to premises you own or rent. damage": c. Vehicles that travel on crawler treads. (1) An accident, including continuous or repeated exposure to substantially the d. Vehicles, whether self-propelled or not, same general harmful conditions, maintained primarily to provide mobility to which results in "bodily injury" or permanently mounted: "property damage". All "bodily injury" (1) Power cranes, shovels, loaders, diggers or "property damage" caused by such or drills; or exposure to substantially the same general harmful conditions will be (2) Road construction or resurfacing deemed to be caused by one equipment such as graders, scrapers or "occurrence"; or rollers. (2) An act or omission committed in e. Vehicles not described in Paragraph a., b., providing or failing to provide first aid c. or d. above that are not self-propelled and or "Good Samaritan services" to a are maintained primarily to provide mobility person by any of your "employees" or to permanently attached equipment of the "volunteer workers" other than an following types: employed or volunteer doctor, unless (1) Air compressors, pumps and you are in the business or occupation generators, including spraying, welding, of providing professional health care building cleaning, geophysical services; EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 19 of 22 UMBRELLA b. With respect to "personal injury", an (5) Oral or written publication, including offense arising out of your business that publication by electronic means, of results in "personal injury". All "personal material that: injury" caused by the same or related injurious material, act or offense will be (a) Appropriates a person name, deemed to be caused by one "occurrence", voice, photograph or likeness: or regardless of the frequency or repetition (b) Unreasonably places a person in thereof, the number and kind of media a false light. used or the number of persons or b. Includes "bodily injury" caused by one or organizations making claims or bringing "suits"; and more of the offenses described in c. With respect to "advertising injury", an Paragraph a. above. offense committed in the course of 17. "Pollutants" mean any solid, liquid, gaseous or advertising your goods, products and thermal irritant or contaminant, including services that results in "advertising injury". smoke, vapor, soot, fumes, acids, alkalis, All "advertising injury" caused by the same chemicals and waste. Waste includes or related injurious material, act or offense materials to be recycled, reconditioned or will be deemed to be caused by one reclaimed. "occurrence", regardless of the frequency 18. "Property damage" means: or repetition thereof, the number and kind of media used or the number of persons or a. Physical injury to tangible property, organizations making claims or bringing including all resulting loss of use of that "suits". property. All such loss of use will be 15. "Officer" means a person holding any of the deemed to occur at the time of the officer positions created by your charter, physical injury that caused it; or constitution, bylaws or any other similar b. Loss of use of tangible property that is not governing document. physically injured. All such loss of use will 16. "Personal injury": be deemed to occur at the time of the "occurrence"that caused it. a. Means injury, other than "advertising injury", caused by one or more of the For the purposes of this insurance, "electronic following offenses: data" is not tangible property. (1) False arrest, detention or 19. "Self-insured retention" is the greater of: imprisonment; a. The amount shown in the Declarations (2) Malicious prosecution; which the insured must first pay under (3) The wrongful eviction from, wrongful Coverage B for damages because of all entry into, or invasion of the right of "bodily injury", "property damage", private occupancy of a room, dwelling "personal injury" or "advertising injury" or premises that a person occupies, arising out of any one"occurrence"; or provided that the wrongful eviction, b. The applicable limit of insurance of any wrongful entry or invasion of the right of "other insurance"that applies. private occupancy is committed by or on behalf of the owner, landlord or 20. "Slogan": lessor of that room, dwelling or a. Means a phrase that others use for the premises; purpose of attracting attention in their (4) Oral or written publication, including advertising. publication by electronic means, of b. Does not include a phrase used as, or in, material that slanders or libels a person or organization or disparages a the name of: person's or organization's goods, (1) Any person or organization other than products or services, provided that the you; or claim is made or the "suit" is brought by a person or organization that claims to (2) Any business, or any of the premises, have been slandered or libeled, or that goods, products, services or work, of claims to have had its goods, products any person or organization other than or services disparaged; or you. Page 20 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 UMBRELLA 21. "Temporary worker" means a person who is (1) Warranties or representations made furnished to you to substitute for a permanent at any time with respect to the fitness, "employee" on leave or to meet seasonal or quality, durability, performance or use short-term workload conditions. of"your work"; and 22. "Title" means the name of a literary or artistic (2) The providing of or failure to provide work. warnings or instructions. 23. "Unsolicited communication" means any C. With respect to Coverage C: communication, in any form, that the recipient 1. "Crisis management advisor" means any of such communication did not specifically public relations firm or crisis management request to receive. firm approved by us that is hired by you to 24. "Volunteer worker" means a person who is not perform "crisis management services" in your "employee", and who donates his or her connection with a "crisis management event". work and acts at the direction of and within the 2. "Crisis management event" means an "event" scope of duties determined by you, and is not or "occurrence" that your "executive officer" paid a fee, salary or other compensation by you reasonably determines has resulted, or may or anyone else for their work performed by you. result, in: 25. "Your product": a. Damages covered by this Coverage A or a. Means: Coverage B that are in excess of the total applicable limits of the "underlying (1) Any goods or products, other than real insurance" or"self-insured retention"; and property, manufactured, sold, handled, b. Significant adverse regional or national distributed or disposed of by: media coverage. (a) You; 3. "Crisis management service expenses" (b) Others trading under your name; or means amounts incurred by you, after a (c) A person or organization whose crisis management event first commences business or assets you have and before such event ends: acquired; and a. For the reasonable and necessary: (2) Containers (other than vehicles), (1) Fees and expenses of a "crisis materials, parts or equipment furnished management advisor" in the in connection with such goods or performance for you of "crisis products. management services" solely for a "crisis management event"; and b. Includes: (2) Costs for printing, advertising, mailing (1) Warranties or representations made at of materials or travel by your any time with respect to the fitness, directors, officers, employees or quality, durability, performance or use agents or a "crisis management of"your product"; and advisor" solely for a "crisis management event"; and (2) The providing of or failure to provide b. For the following expenses resulting from warnings or instructions. such "crisis management event", provided c. Does not include vending machines or that such expenses have been approved other property rented to or located for the by us: use of others but not sold. (1) Medical expenses; 26. "Your work": (2) Funeral expenses; a. Means: (3) Psychological counseling; (1) Work or operations performed by you (4) Travel expenses; or on your behalf; and (5) Temporary living expenses; (2) Materials, parts or equipment furnished (6) Expenses to secure the scene of a in connection with such work or "crisis management event": or operations. (7) Any other expenses pre-approved by b. Includes: us. EU 00 01 07 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 21 of 22 UMBRELLA 4. "Crisis management services" means those c. Chief Financial Officer; services performed by a "crisis management d. President; advisor" in advising you or minimizing potential harm to you from a "crisis management event" e. General Counsel; by maintaining or restoring public confidence in f. General partner (if you are a you. partnership); or S. "Executive officer" means your: g. Sole proprietor (if you are a sole a. Chief Executive Officer; proprietorship); b. Chief Operating Officer; or any person acting in the same capacity as any individual listed above. Page 22 of 22 ©2016 The Travelers Indemnity Company.All rights reserved. EU 00 01 07 16 POLICY NUMBER: 660OF55445ATIL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided underthe following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 3 0 PERSON OR ORGANIZATION: City of Kent ADDRESS: Attn: Leah Bryant Kent, WA 98032 PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 POLICY NUMBER: 8106N86975123 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided underthe following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 3 0 PERSON OR ORGANIZATION: City of Kent ADDRESS: Attn: Leah Bryant Kent, WA 98032 PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 POLICY NUMBER: CUP9J29243523 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 3 0 PERSON OR ORGANIZATION: City of Kent ADDRESS: Attn: Leah Bryant Kent, WA 98032 PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 WORKERS COMPERSATiON TRAVELERS J AND EMPLOYERS LIAS I L ITY P0L tCY ENDORSEMENT WC 99 GG R3 (00) POLICY NUMEE:� UB9H948365244 NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATION Tho follow ng iS 2dded .o PA RT 8IK —C Q NDITIONS. Notice 01 Carmaillatton To Designated Parsons Or Organlzal:ilcm It we rwcel Um poky kw any reason olhar than r•om-payment of premium byr you, we Will paovldla malice of zucl� wrgullalion 44 each pown or orgprri7;ariPn de!5ignahtj err lh� Sch dkJ[O t)e10W,We Wdl m8il of d05*Qr 5VQ�h n to each p&mw or organizadw at its listed adsdross ac leasl thig Number of days shown for that person cw organiza• li�oR before the cancellation is to lake effev- You are rasponseih a for providing us MM IM informalrorl nacemry ho a urahary tmpwa Ihn scrMduk bNow. 1f we cannot mail or deliver a notice of cancellation to a de*nuled person or organimlion because the name or address Df such dasigrkated persDn -ar arganiration pncuidFad to us is Hall accur or o mp1Alo, we hallo nD respm5it)i14 ti)mail, ijOiver or otherwise notifyr such iIQ5ignaied pErwn,or prganirat+Dn-uf Ih-q gekn„elLation. SCHEDULE N LFrnbe r of NaMu wid Ad-d roes of Dasi4�mii e d Persons or Orga rtlzatlarps; Days N wice City of Kent 30 Attn: Leah Bryant Kent, WA 98032 QATI=- Of= 199UP — — �LT ASSIGM: PAgE§ 1 of 2 02a13 ThaTru%te r InNinrnniby C mparry-MI rgls rtiserred. - DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/5/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Danl Schulze AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 AIC No Ext: 714-202-0390 A/c No), Lafayette CA 94549 ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: Lexington Insurance Company 19437 INSURED KRAZ&AS-01 INSURER B: Krazan&Associates, Inc. 215 West Dakota Avenue INSURER C: Clovis CA 93612 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1092739611 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE OCCUR PREMISES (E.occurrence) lccurrrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability& Y 028174909 10/1/2023 10/1/2024 Per Claim/$2,000,000 $2,000,000/Agg Imt Contractors Pollution Liability included DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured Status is not available on Professional Liability Policy. KA Project Number:066-24079 KA Project Name: KEHOC Warehouse&Office Building Project Location: 12607 SE 248th Street, Kent,WA CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Leah Bryant 400 West Gowe Street AUTHORIZED REPRESENTATIVE Kent WA 98032 Lt� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1. If this policy is cancelled or non-renewed by the Company or the First Named Insured, for reasons other than nonpayment of premium or failure to comply with the terms and conditions of this policy, the First Named Insured shall have the option to purchase an Optional Extended Reporting Period. 2. In order to purchase the Optional Extended Reporting Period, the First Named Insured must notify the Company in writing, within sixty (60) days after the end of the Policy Period, of its election of the Optional Extended Reporting Period set forth in Item 7. of the Declarations and include the corresponding additional premium with such written election. Once in place, the Optional Extended Reporting Period cannot be cancelled by the First Named Insured or the Company and the additional premium shall be fully earned. The Optional Extending Reporting Period must be endorsed onto this policy. 3. The Optional Extended Reporting Period applies to a Claim which is first made against the Insured during the Optional Extended Reporting Period because of a Breach of Professional Duty which first takes place on or after the Retroactive Date shown in Item 6. of the Declarations and prior to the end of the Policy Period. Such Claim must be reported to the Company, as soon as practicable, but no later than (60) days after the end of the Optional Extended Reporting Period. The Optional Extended Reporting Period shall commence at the end of Policy Period. 4. If this policy is succeeded by another claims-made professional liability policy, then coverage provided under the Optional Extended Reporting Period shall be excess over such other professional liability policy. 5. The quotation of a different premium, Deductible or Self-Insured Retention, limit(s) of insurance or differing terms and conditions for renewal does not constitute a non-renewal for the purpose of this provision. The Optional Extended Reporting Period shall not increase, reinstate or renew the Limits of Insurance under this Policy. N. OTHER INSURANCE This insurance shall be excess over any other valid insurance, whether collectible or not, and whether provided on a primary, excess, contingent or any other basis, provided that such insurance is not specifically written to be excess over this policy. 0. SOLE AGENT The First Named Insured is the appointed and irrevocable agent for all Insureds, including, for the purpose of receipt of any notice of cancellation, notice of nonrenewal (if applicable), negotiation and agreement to any endorsement and the payment or return of any premium under this policy. P. SUBROGATION In the event of any payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after the Insured becomes aware of a circumstance that reasonably could give rise to a Claim to prejudice such rights. The Company agrees to waive this right of subrogation against the client of the Insured to the extent that the Insured had, prior to a Claim, a written agreement to waive such rights. Q. SERVICE OF SUIT Policy#028174909 LX4204(07/13) Page 13 of 15 Signature: INiGG M001-e Signature: phanja kawh Will Moore(Mar 13,202410:47 PDT) Phung HuynhfMar 13,1024 12:48 PDT) Email: wmoore@kentwa.gov Email: parkscontracts@kentwa.gov Signature: Brian Levenhagen(Mar 13,202(e14:01 PDT) Email: bjlevenhagen@kentwa.gov FAC-03062024-Krazan Associates-KEHOC Testing Final Audit Report 2024-03-13 Created: 2024-03-13 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAALEmZL4pg8SfDvwh_y4BgHL2MO5hnTjiV "FAC-03062024-Krazan Associates-KEHOC Testing" History Document created by Leah Bryant(Ibryant@kentwa.gov) 2024-03-13-5:28:40 PM GMT P4 Document emailed to wmoore@kentwa.gov for signature 2024-03-13-5:31:09 PM GMT Email viewed by wmoore@kentwa.gov 2024-03-13-5:40:33 PM GMT Signer wmoore@kentwa.gov entered name at signing as Will Moore 2024-03-13-5:47:37 PM GMT Document e-signed by Will Moore (wmoore@kentwa.gov) Signature Date:2024-03-13-5:47:39 PM GMT-Time Source:server C-► Document emailed to billthrone@krazan.com for signature 2024-03-13-5:47:42 PM GMT Email viewed by billthrone@krazan.com 2024-03-13-5:50:15 PM GMT &o Signer billthrone@krazan.com entered name at signing as William B. Throne 2024-03-13-7:37:30 PM GMT &0 Document e-signed by William B. Throne (billthrone@krazan.com) Signature Date:2024-03-13-7:37:32 PM GMT-Time Source:server El-, Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature 2024-03-13-7:37:35 PM GMT Powered by r � Adobe T Acrobat Sign Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-03-13-7:47:27 PM GMT E= Signer Kent Parks (parkscontracts@kentwa.gov) entered name at signing as Phung Huynh 2024-03-13-7:48:15 PM GMT E= Document e-signed by Phung Huynh (parkscontracts@kentwa.gov) Signature Date:2024-03-13-7:48:17 PM GMT-Time Source:server Document emailed to bjlevenhagen@kentwa.gov for signature 2024-03-13-7:48:20 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-03-13-9:00:58 PM GMT EY Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-03-13-9:01:21 PM GMT E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-03-13-9:01:23 PM GMT-Time Source:server Agreement completed. 2024-03-13-9:01:23 PM GMT Powered by r � Adobe T Acrobat Sign