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Home My WebLink AboutMcCormick Villages, LLC DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F PUBLIC UTILITIES CONSTRUCTION AGREEMENT THIS IS A CONTRACT between the City of Bremerton, a first class municipal corporation of the State of Washington ("City"), and McCormick Villages LLC ("Owner"), and Rickabaugh Pentecost Development, LLC Owner's contractor("Contractor"). It is effective on the date executed by all the parties. Background A. Owner is the owner of real property commonly known as McCormick Woods North Phase III Village Residential East. Owner is making improvements to that real property. Incidental to those improvements, Owner is required by the City to construct and dedicate for public purpose utility improvements known as McCormick Woods North Phase III Village Residential East Water System located on Parcel# 5695-000-084-0206 ("Project"). B. Owner has selected Contractor to construct the Project. C. Owner shall remain responsible and liable to the City for all aspects of the performance of this agreement including the concurrent responsibility and liability for the Contractor's performance under this agreement. Terms 1. DESCRIPTION OF THE PROJECT: The Owner has retained a licensed Professional Engineer registered in the State of Washington("Design Engineer")who has designed the Project as set forth in the approved plans and specifications attached ("Plans"): Construction of approximately 1941 feet of 8-inch ductile iron class 52 water mainpipe for water system with associated fire hydrants assemblies, valves, fittings, blow-offs. and other appurtenances. excluding private fire lines. The Contractor will physically construct the Project providing all performance of work, including all labor, materials, transportation, equipment, supplies, and services necessary for and reasonably incidental to the completion of all work as set out in the Plans. 2. FEES AND EXPENSES: A. The Owner agrees to pay in advance the following fees and expenses associated with the Project and required by the Bremerton Municipal Code: • Water plan check fee $ 1,669.78 • Water inspection fees $ 4,658.40 Total: $ 6,328.18 Page 1 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev.09 2021 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F B. The Contractor shall be responsible for obtaining and paying for necessary permits from other governmental agencies and shall be responsible for any additional costs for inspection billed to the City by any government agency, including but not limited to the City of Bremerton, Kitsap County, or the State of Washington. C. The Owner shall pay all costs associated with easement acquisition and insuring title to the properties. D. The Contractor shall post with the City Treasurer a Performance Bond prior to construction and a Warranty Bond upon completion of the work. The bonds shall be posted in the amounts as follows: Performance Bond (1) One hundred and fifty percent(150%)of the Design Engineer's estimated cost of construction, as approved by the City, for all work occurring within public right-of-way or on City Property and/or twenty percent(20%) on private property. Warranty Bond (1) Twenty percent(20%)of the actual cost of construction. E. The bonds shall provide,the following: (1) The Contractor shall complete the Project in accordance with good and accepted engineering and construction practice. (2) The Contractor shall comply with all the terms of this agreement. (3) The Contractor shall fully comply with all requirements of law in carrying out the Project, and shall comply with all lawful requirements imposed by any agency with jurisdiction relating to the Project. (4) The Warranty Bond shall be effective for two years after completion of construction unless affirmatively released sooner by the City, and shall guarantee the completed Projects against defects in workmanship and materials. (5) The bond must be approved by the City's Risk Manager and may include one or more surety bonds issued by any surety company that is licensed to do business in the State of Washington and meets the City's Risk Managers rating criteria. The Surety bond may be substituted by a cash deposit in the full-required amount deposited with the City Treasurer or an irrevocable and unrestricted assignment of funds on deposit in a licensed bank or credit union, in the full-required amount. F. Contractor shall possess a current Bremerton Business License and regulatory licenses required to fulfill Contractor's obligations under this contract. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, and City business licensing. If any taxes or fees due to the City have been declared delinquent, Contractor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes. The City may also withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due to Contractor. Page 2 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev. 09 2021 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F 3. REPRESENTATIVES: The Owner and Contractor hereby name the following persons as the representative of the Owner and Contractor for all purposes required by this agreement: Owner Contractor Name: Nick Tosti Name: Ben Pentecost Phone: (425) 894-6382 Phone: (253) 377-5318 Address: 805 Kirkland Ave #200 Address: 108 West Stewart Kirkland WA 98033 Puyallup. WA 98371 Email: Nick@cordillerainc.com cordillerainc.com Email: hen crJr rpdevelopment.com The Owner and Contractor warrant that their representatives have full authority to bind them in all respects required by this agreement, and all applicable government requirements imposed by any agency with jurisdiction. The City hereby designates Janelle Hitch of its Department of Public Works and Utilities as its Project Manager and warrants that the Project Manager has full authority to exercise such discretion as does the Director of Public Works and Utilities under the ordinance of the City for purpose of carrying out the terms of this agreement. Notices shall be in writing and delivered by personal service or first class mail to the above addresses for the Contractor and Owner, and for the City they shall be delivered to: City: City of Bremerton ATTN: Janelle Hitch 345 6th Street, Suite 100 (Mail) 345 6th Street, Suite 500 (Engineering) Bremerton, WA 98310 Tel: 360-473-5285 4. PROJECT DESIGN:The Owner will retain a Design Engineer who shall design the Project, prepare the necessary plans,and provide construction engineering to the extent reasonably necessary. The Owner shall use the following up to date standards for drafting, design and construction of the Project. Deviation from City standards will not be accepted. • Standard plans and specification provided by the City. • Bremerton Utilities Development and Construction Standards. • Washington State Department of Ecology's Stormwater Management Manual for the Puget Sound Basin. • American Waterworks Association Standards. • Washington State Department of Transportation's Standard Specifications for Road, Bridge, and Municipal Construction. • Washington State Department of Health Water System Design Manual. 5. PUBLIC WORKS PROJECT PERMIT: The City's Project Manager will review the Project design, plans, and specifications, and when satisfied the work is in accordance with City Page 3 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev.09 2021 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F standards, shall approve the plans by stamping and signing four (4) copies of the plan sheets. The City reserves the right to require modification of the plans at the Contractor's expense in the event of errors or mistakes in the drawings, or if new information becomes available which requires a change in the plans to properly accomplish the Project. Plan changes initiated by the Contractor must be approved in writing by the City's Project Manager prior to commencement or alteration of the work. Proposed plan changes shall be accompanied by an estimate of value. The City will issue a Public Works Project Permit upon completion of the following: • Construction Plans and Specifications have been approved by the City's Project Manager. • Deposit of advance cash deposits as stated in this agreement with the City Treasurer. • Approved bonds posted with the City Clerk. • Proof of insurance approved by the Risk Manager. • A copy of the City or County right-of-way permit submitted to the Utility. 6. INSURANCE: The Contractor shall provide liability and property damage insurance covering all work under this agreement for construction within the public right-of-way and on City property, including all work provided by subcontractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names 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 Page 4 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev.09 2021 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. Evidence of such insurance shall be provided to the City's Risk Manager prior to issuance of the Public Works Project Permit. Insurer shall provide the City's Risk Manager with 30 days' written notice of any cancellation or change of coverage of the policy. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 7. INDEMNIFICATION: Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting in whole or in part from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. The provisions of this section shall survive the termination or expiration of this agreement. 8. PROSECUTION OF WORK: A. Construction of the Project shall be initiated by the Contractor within one (1)year of execution of this agreement or within 30 days of issuance of the Project Permit, whichever shall sooner occur. Failure to begin work within the one-year limit shall result in forfeiture of all rights under the agreement regardless of any other provisions of this agreement. B. The Contractor agrees to continuously pursue work and complete the Project within six(6)months of permit issuance. 9. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS: The Contractor in addition to other duties included in this agreement shall comply with the following: A. Schedule system connections with the Project Manager and meet all requirements for the connection and testing of their improvements in the presence of the City's authorized Page 5 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev.09 2021 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F representative. Major system connections to the City's system shall not be authorized on Fridays. Subsequent operation of system valves must be performed by City personnel. B. No work shall be performed by the Contractor other than Monday through Friday between 7:30 a.m. and 6:00 p.m., exclusive of City holidays, except with written prior consent of the City's Project Manager. If consent is given by the City's Project Manager for work on Saturday, Sunday or holidays or before or after the normal working hours above,the Contractor shall pay to the City the reasonable cost of furnishing the required inspection and supervision during said periods. C. Remove and correct at the expense of the Contractor any improvements not authorized or constructed in compliance with the Utilities Development and Construction Standards. D. Restore all public and private property disrupted by the installation of the project to its original condition upon completion. The entire job site will be maintained in a neat and workman like appearance. The Contractor will provide landscape restoration including sodding, seeding or barking as may be required by the City's Project Manager. Landscape restoration shall follow installation of the various segments of the Project as closely as is practicable. When, in the opinion of the City's Project Manager, landscape restoration has fallen behind installation of the segments of the Project,the Project Manager may halt all construction work until restoration catches up. E. Notify the City when the project is ready for final inspection and approval by the Utility. 10. INSPECTIONS AND FINAL ACCEPTANCE: A. The City will provide periodic inspection during construction to ensure that the work complies with plans and City Utilities and Construction Standards. Inspections by the City shall not relieve the Contractor of its responsibility to construct the project in full accord with the standards of the City. Nor shall inspection be deemed to be supervision of the project, methods or means of performance, compliance with construction site safety requirements,or the Contractor's employees. B. All easements necessary for the project have been obtained in the name of the City, accepted by the Project Manager, and recorded with the County Auditor. C. Within thirty (30) days of final inspection, furnish a complete set of Mylar"Asbuilt" drawings of the project improvements that have been prepared and stamped by the Design Engineer and a complete set of electronic Asbuilt drawings, in PDF and current version of Autocad. D. Upon final approval of project construction by the City's Project Manager, the City shall accept and approve a Deed of Conveyance of the project improvements for the Contractor on a form approved by the City Attorney. Approval of the deed shall constitute completion of the project for the purposes of: (1) Computing the guarantee period required by this agreement for bonding. (2) Commencement by the City of its usual and customary maintenance of the project improvements. (3) Commencement of utility services upon payment of service fees. Page 6 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev.09 2021 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F 11. GENERAL CONDITIONS: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. The section headings and article titles of this Agreement shall have no effect upon the construction or interpretation of any part hereof. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. F. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this agreement. G. Choice of Law and Venue: This agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. H. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement,the Contractor,its subcontractors,or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. I. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. 12. NON-COMPLIANCE/TERMINATION: Failure to comply with the terms of this agreement within 60 days following written notice by the Project Manager shall automatically result Page 7 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev. 09 2021 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F in the termination of service and forfeiture of bonds and shall not relieve the Owner or Contractor of the duty to comply with all the terms of this agreement,paying all sums due. 13. SUCCESSORS AND ASSIGNS: The City,Owner and Contractor each agree to be bound to the other party in respect to all covenants,agreements,and obligations contained in this contract. Neither party shall assign the contract in part or as a whole, without the written consent of the other. IN WITNESS WHEREOF the parties hereto have executed this Contract the date and i year indicated. Owner Digitally signed by James N Tosti DN: C=US, E=nicktosti@gmail.com, O=The Cordillera Group Inc, — OU=Authorizcd Signatory Nick Tosti, o-M naging Me r CN=James NP14.5sti Date: 2024.04.05 14:40:53-07'00' Contractor L 'ZI--421- 7— /7/5/z-c./ Ben Pentecost, Managing Member Dat CITY OF BREMERTON rDocuSigned by: ^_n_- ,) U� "' 5/7/2024 B*F4e696E-EE747B... Greg Wheeler, Mayor Date Departmental Approval Tom Knuckey Digitally signed by Tom Knuckey Date:2024.30 15:47:54-07 00' Thomas Knuckey Director of Public Works and Utilities Approved as to form: DocuSigned by: .y ,l, a, MB'tbitll dU4b2... Kylie J. Finnell, City Attorney R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Utilities Construction Agreement Rev. 09 2021.docx Page 8 of 8 Bremerton/Contractor Public Utilities Construction Agreement Rev.09 2021 DocuSign Envelope ID: 1351922F7-8363-452D_9D10-B3E5F0E9304F RICKPENT I DATE(MM/UU/VVW) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/08/2024 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 any rights to the certificate holder in lieu of such endorsement(s)_ P RO�UCER CONTACT Lisa Anderson NAME: Propel Insurance PHONE g00 4990933 FAxC,No)o 866 577-1326 1201 Pacific Avenue; Suite 1000 E-/M Ext)o - (A/ ADDRESS: lisa_anderson ropeI nsurance_com COM Construction INSURER(S)AFFORDING COVERAGE MAIL. Tacoma,WA 9 8402-43 2'1 INSURERA:Cincinnati Insurance Company 10677 INSURED NSURER B:Continental Casualty Company 20443 Rickabaugh Pentecost Development, LLC INSURER C 108 W. Stewart INSURER D Puyallup,WA 98371 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSRL WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS SUBR (MOLICY EFF (POLICY EXP A X COMMERCIAL GENERAL LIABILITY EN P0703484 12/31/2023 12/31/2025 rEACIHq OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occur ante) $100,000 X PD Ded: $'10,000 MED EXP(Any one person) $15,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER_ GENERAL AGGREGATE $2,000,000 PRO- POLICY I X I JECT I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EBA0703484 12/31/2023 12/31/2024 C(EaOMaccident)BINED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSNON-OWN PROPERTY X AUTOS ONLY X AUUTOS ONLY (Per accident) DAMAGE A X UMBRELLA LIAR X occuR EN P0703484 12/31/2023 12/31/2025 EACH OCCURRENCE $10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $10,000,000 DED I XI RETENTION$$0 $ A WORKERS COMPENSATION ENP0703484 12/31/2023 12/31/2025 PER I STATUTE I X I EORH AND EMPLOYERS'LIABILITY /N ANY PROPRIETOR/PARTNER/EXECUTIVE V WA Stop Gap Only E.L.EACH ACCIDENT $1,000,000 EXCLUDED? A (Mandatory in NH) EL DISEASE-EA EMPLOYEE $1,000,000 If describe under DESCRIPTION PTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Leased/Rent Equip 6076138082 12/31/2023 12/31/2024 $500K Limit/$100K Ded_ B Scheduled Equip 5076138082 12/31/2023 12/31/2024 See Below/$100K Ded_ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: McCormick Village Residential East,34176 If required by written contract,Additional Insured Status applies per attached form(s)_ CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street, Suite 100 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(201 6/03) 1 of 7 The ACORD name and logo are registered marks of ACORD #565431 26/M6446720 LMAOO DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F This page has been left blank intentionally. DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for "bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury" or "proper- ations hazard" for a specified length ty damage" occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of "your work" out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to tor or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in- a. Arising out of your ongoing opera- tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of. ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" Sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily njury", "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: 2. Will not be broader than that which you a. The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or architectural 3. Does not apply to any person, organiza- b. Supervisory, inspection, tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment, training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B., the following is added to Section III erty damage", or the offense which - Limits Of Insurance: caused the "personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B. For the purpose of determining the B. Additional Insured - State Or Governmental required amount of insurance only, we will Agency Or Subdivision Or Political Subdi- include the minimum amount of any Um- vision - Automatic Status When Required brella Liability or Excess Liability cover- In Written Permits Or Authorizations age required for that additional insured in 1. Section II - Who Is An Insured is that written contract, written agreement, amended to include as an additional in- written permit or written authorization; or sured any state or governmental agency 2. Available under the applicable limits of in- or subdivision or political subdivision you surance; have agreed in writing in a permit or au- thorization to add as an additional insured whichever is less. on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- This endorsement shall not increase the appli- cal subdivision is an additional insured cable limits of insurance. only with respect to operations performed E. Section IV - Commercial General Liability by you or on your behalf for which the Conditions is amended to add the following: state or governmental agency or subdivi- sion or political subdivision has issued, in Automatic Additional Insured Provision writing, a permit or authorization. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F This insurance applies only if the "bodily inju- scribed in Paragraph A. or B. that this in- ry" or "property damage" occurs, or the "per- surance would be primary to any other in- sonal and advertising injury" offense is com- surance available to the additional in- mitted: sured. 1. During the policy period; and As used in this endorsement, wrap-up insur- ance means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either in- ten contract or written agreement, or the surance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. ing work on one or more specific project(s). and B. F. Except when G. below applies, the following is Primary And Noncontributory Insurance When Required By Written Contract, added to Section IV - Commercial General Agreement, Permit Or Authorization Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- When Other Additional Insured Coverage sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A. and B. provided that: Paragraphs A. and B. except: 1. The additional insured is a Named In- 1. As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- 2. You have agreed in writing in a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or scribed in Paragraph A. or B. that this in- 2. For any other valid and collectible insur- surance would be primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- ance available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case, this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV - Com- surance or self-insurance covering some or all mercial General Liability Conditions, Other of the contractors or subcontractors perform- Insurance, and supersedes any provision to ing work on one or more specific project(s). the contrary: H. Section IV - Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A. and B. provided endorsement, to whom the insured has that: waived its right of recovery in a written con- 1. The additional insured is a Named In- tract, written agreement, written permit or writ- sured under such other insurance; and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F This page has been left blank intentionally. DocuSign Envelope ID:B51922F7-8363-452D-9D10-B3B5F0B9304F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure To Disclose Hazards 8 3. Damage To Premises Rented To You 8 4. Supplementary Payments 10 5. Medical Payments 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations 10 7. Waiver Of Subrogation 10 8. Automatic Additional Insured -Specified Relationships: 10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee,Assignee Or Receiver 9. Property Damage To Borrowed Equipment 13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services 14 11. Broadened Notice Of Occurrence 14 12. Nonowned Aircraft 14 13. Bodily Injury Redefined 15 14. Expected Or Intended Injury Redefined 15 15. Former Employees As Insureds 15 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage 15 17. Broadened Contractual Liability-Work Within 50' Of Railroad Property 17 18. Alienated Premises 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 1 of 17 DocuSign Envelope ID:B51922F7-8363-452D-9D10-B3B5F0B9304F 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Occurrence unless otherwise stated$ Deductible Amount(Each Occurrence) Voluntary Property Damage Coverage: $250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other Care, Custody Or Control $ Liability TOTAL ANNUAL PREMIUM $ C. Coverages 1) The amount we will pay for damages is limited 1. Employee Benefit Liability Coverage as described in C. Cov- a. The following is added to Section I - erages, 1. Employee Coverages: Benefit Liability Cover- age, c. Limits Of Insur- EMPLOYEE BENEFIT LIABILITY ance of this endorse- COVERAGE ment; and (1) Insuring Agreement 2) Our right and duty to (a) We will pay those sums that defend ends when we have used up the appli- the insured becomes legally cable limit of insurance obligated to pay as damag- in the payment of judg- es caused by any act, error ments or settlements. or omission of the insured, or of any other person for No other obligation or liabil- whose acts the insured is ity to pay sums or perform legally liable, to which this acts or services is covered insurance applies. We will unless explicitly provided for have the right and duty to under Supplementary Pay- defend the insured against ments. any suit seeking those damages. However, we will (b) This insurance applies to have no duty to defend damages only if the act, er- against any "suit" seeking ror or omission is negligently damages to which this in- committed in the "admin- surance does not apply. We istration" of your "employee may, at our discretion, in- benefit program"; and vestigate any report of an 1) Occurs during the policy act, error or omission and period; or settle any claim or suit that may result. But: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 2 of 17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p 2) Occurred prior to the fraudulent, criminal or mai "/irsteKecUvedate" of cious act, error oromission, this endorsement pro- committed by any insureU, viUed: including the willful orreck- a) You did not have less violation (f any statute. knowledge of a (c) Failure To Perform A Con- claim nr "suit" onor tract before the "first ef- fective UaLe' oitNs Damages arising out of fail- endorsement. ureof performance of con- tract by any insurer. You will be deemed to have (d) Insufficiency OfFunds knowledge of a Damages arising out of an claim or 'suit" insufficiency of funds to when any insured meet any obligations under listed under C� any plan included in the Coverages, 1. ..employee benefit program". Employee Benefit Liability Coverage, (e) Inadequacy Of Perfor b. Who Is An |n nnance Of |nveyt' uured` (1) nfthiu nn*nt/Advic* Given With endorsement or Respect ToParticipation any "employee" aut|)oriredbyyou Any claim based upon: to give or receive 1) Failure oi any invest- notice o/ ac|aimor menttoperform: .Suit": Z) Errors in providing in' i) Reports all, or formation on past per- any part, of the /o/mance of investment act error or ` vehicles: or omission to us or any other J) Advice given to any insurer; person with respect Lo that ' 's decision to ii) Receives a participate nr not topar- written or ver- Ucipatein any plan in- ha| demand or c|udeUin the "employee claim for dam- benefit program". ages because of the act, er- (f) Workers' Compensation ror or omis- And Similar Laws don; anU Any claim arising out of your b} There is no other failure to comply with the uyy|cuh|e insur- mandatory provisions ofany ance. workers' compensation, un- employment compensation (Z) Exc|usipns insurance, social security o/ This insurance does not apply to: disability benefits law orany similar law. (a) Bodily Injury, Property Damage Or Personal And (g) EFU5& Advertising Injury Damages for which any in- "Bodily injury", 'property xuredisliable because of i Uamage' or "personal and ability imposed on a /iduci- advertisinginjury" aryby the Employee Re- tirement Income Security (h) Dishonest, Fraudulent, Act of 1874, as now or Criminal Ur Malicious Act hereafter amended, or by any similar federal, state or Damages arising out ofany local laws. intentional, dishonest, Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc, with its permission. Page ] of17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p (h) Available Benefits (a) /\n individual, you and your spouse are insureds, but on- Any claim for benefits tothe |y with respect Lo the con- extent that such benefits are duct of business of which available, with reasonable you are the sole owner. effort and cooperation nfthe insured, from the applicable (h) /\ partnership or joint ven' fundsaccrueUorotherco|- ture, you are uninsured. |echh|einsu/ance. Your members, you/ part- ners, and their spouses are (i) Taxes, Fines ()rPenalties also insureds but only with Taxes, fines or penalties, in- respect to the conduct of c|udiny those /imposed un- your business. der the Internal Revenue (c) /\ limited liability company, Code ur any similar state or you are an insured. Your local law. members are also insureds, �) �u� on|ywit� oespec� �o �he Employment-RelatedPrac' dces conduct of your business. Your managers are in- Any liability arising out of sureUs. but only with respect any: to their duties as your man 1) Refusal tuemploy; ayeru. (d) /\n organization other than a 2) Te/minationo/ emp|oy- partnership, joint venture or men�� ' limited liability company, you 3) Coercion, demotion, arean |nsureU on, . Your "execu evaluation, reassign- tiveoffice/s" anUUioectors menL discipline, deia- are insureds, but only with motion, harassment, respect to their duties as humiiation, discrimina- your officers nrdirectors. hon or other employ- You/ stockholders are also ment-relatedp/actices, insureds, but only with re- acts oromisdnnu; or spectto their liability as stockholders. 4) Consequential liability usa result of1), 2) nrJ) (e) /\ trust, you are aninsured. above. Your trustees are also in suoeds. buton|ywithrespect This exclusion applies 0o their duties us trustees. whether the insured may be held liable asanemployer (2) Each of the following is also an or in any other capacity and insured: to any obligation toshare (a) Each of your "emy|oyees' damages with o/ repay who ixor was authorized to someone else who must pay administer your "employee damages because ofthe in- benehLprogram'. jury. (b) Any persons, organizations (3) Supplementary Payments ur "emp|uyees" having pvop- er �em authorization prop- Section | Supplementary Pay- fvuu, ments Coverages /\ and Balso tn administer your "emy|ny- ayy|yto this Coverage, however ee benefit program" i/ you 1.h` and 2. of the Supplementary die, but only until your legal Payments provision Uu not apply. representative isappointed; or b. Who |sAnInsured (c) You/ legal representative if /\s respects Employee Benefit Liabi| you die, but only with re ityCoveraye, SecMon || ' VVhn |s &n spectto duties as such. That Insured is replaced by the following: representative will have all your rights and duties under (1) |f you are designated in the Dec- this Coverage Part. |aratinnsac Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc, with its permission. Page 4of17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p (J) Any organization you newly ac- Uoruement is the most we will quire o/ form, other than apart- pay for all damages sustained hy nership, joint venture urlimited any one 'emp|nyee', including liability company, and over which damages sustained by such you maintain ownership ormajor- "employee's" dependents and ity interest, will qualify asa beneficiaries, asa result of: Named Insured |fnn other similar insurance applies 0o that or8ani- (a) /\n act, error or omission: or zaUon. However, coverage under (h) /\ series of related acts, eF thisprovision: rorsnr omissions, reyard' less of the amount of time Is afforded only until the 180th day after you acquire that lapses between such acts, enorsoromissionc or �nrm �henrganiz�kinnur ' the end ofthe policyyerioU` negligently committed in the whichever is earlier; and ..administration" Does not apply to any act, ee benefit yrogram" error or omission that was However, the amount paid under committed before you ac- this endorsement shall not ex- quireUnr formed the organi- ceed, and will be subject to the zation. limits and restrictions that apply c. Limits CfInsurance to the payment of heneiitsinany plan included in the "employee As respects Employee Benefit Liahi|- benefit program." ity Coverage, Section III ' Limits Of Insurance is replaced hy the follow- (4) Deductible Amount ing�� {> obligation t U (a} u/ o 8 on to pay am- (1) The Limits of Insurance shown in ayes on behalf of the in- Section B. Limits ()f Insurance, sured applies only to the 1. Employee Benefit Liability amount of damages in ex- Coverage of this endorsement cess of the Deductible and the rules below fix the most Amount shown in Section B. we will pay regardless of the Limits Of Insurance, 1. Em- numberot p|oyee Benefit Liability Cov- erage of this endorsement (a) Insureds; as applicable to Each Em- ployee. The limits of insur- (h) Claims made or "suits" ance shall not be reduced brought; by the amount oi this Ue- (c) Persons or organizations . making claims or bringing (h) The Deductible Amount "suits": shown in Section B. Limits (d) Acts, errors or omissions: nr Of Insurance, t Employee Benefit Liability Coverage of (e) Benefits included in your this endorsement applies to "employee benefit pooy:am" all damages sustained by any one "emp|oyee", indud- (Z) The Aggregate Limit shown in ing such 'employee's' de- Section B. Limits ()f Insurance, pendents and beneficiaries. 1. Employee Benefit Liability because of all acts, errors or Coverage of this endorsement is omissions to which this in- the most we will pay for all dam- suranceapp|ies. ages because of uctx, errors or omissions negligently committed (c) The terms of this insurance, in the 'aUministrakion' ufyour including those with respect "employee benefit proyram" to: (J) Subject Lu the limit described in 1) Our right and duty Lo CD above, the Each Employee defend the insured Limit shown in Section B. Limits against any "suits" 0/ Insurance, 1. Employee Bene- seeking those damag- ht Liability Coverage of this en- es; and Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc, with its permission. Page 5of17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p 2) Your duties, and the du- You must see toitthat ties o/ any other in- we receive written no- vo|ved insured, inthe ticeof the claim or "suiC event ofan act, error or as soon aspracticable. omission, nrclaim; x. You and any other in- apply irrespective oi the ay- vo|veU insured must: pUcakionnf the Deductible Amount. (1) |mmeUiate|y send us copies of any (d) We may pay any part orall demands, notices, of the Deductible Amount to summonses orle- effect settlement of any gal papers re- claim or "suit" and, upon no- ceiveU in connec' UficationoftheacUontaken, honwith the claim you shall promptly reim- or "suit"; Uumeus for such part ofthe Deductible Amount aswe (2) Authorize usk> oh' haveyaiU. ta|n records and other information: & Additional Conditions (J) Cooperate with us As respects Employee Benefit Liabi|- in the investigation ityCove/aye, Section |V ' Cnnnnmep or settlement ofthe cia| General Liability Conditions |u claim or defense amended asfollows: against the "suit'; and (1) Item 2. Duties |n The Event ()f Occurrence, Offense, Claim 0r (4) Assist us, upon our Suit is replaced by the following: request, in the en- forcement of any Z. Dudes In The Event OfAn right against any Act, Error, Ommission, person oro/yani- OainmOrSuit zaUon which may a. You must see tniLthat be liable to the in- we arenohiied as soon xured because of as practicable an act, error or error oromission which omission towhich may result in a claim. this insurance may To the extent possible, also apply. notice should inc|uUe� � d, No insured will, except �k ��atinxured'uoen (1) YVhat the act, error or omission was cost, voluntarily make a and when it oc- payment` assume any cune¢ anU obligation, or incur any expense without our (Z) The names and consenL addresses of any- one who may sf- (2) Item 4` Other Insurance is re- fer Uamageuaxa placed by the following: result oi the act, 4. Other |nsuranc* error oromission. |f other valid and collectible b� |ia claim is made or insurance is available tothe 'suit" is brought against insured for a loss we cover any insured, you must: under this Employee Benefit (1) Immediately record Liability Coverage, our oNi' the specifics of the gutions are limited as ho| "suit" lows:c|u|morund |ow the date received� ` a. Primary Insurance and This insurance isphma' (Z) Notify us as soon ry except when c. below as practicable. applies. |ithisinsurance Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc, with its permission. Page 6of17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p is yrimury, our oh|iga- scope of "employee Uons are not affected benefit programs"; unless any ufthe other insurance is also prima- t� Interpreting the "em' ry. Then` we will share y|oyee benefit pro- with all that other insu/- grams.; anceby the method de- c. Handling records in scribed in Paragraph h. connection with the below. ..employee henefit pro- b. Method Of Sharing grams"; or If all of the other insur- d, Effecting, continuing o/ ance permits contrihu- terminating any "em' Uon by equal shares, y|oyee's" participation in we will follow this meth- any benehL included in oU also. Under this ap- the "employee benefit proach each insurer poog:am" contributes equal However, "aUministration" amounts until it has does not include: paid its applicable limit of insurance or none of a Handling payroll deUuc' the loss remains, honcor whichever comes first. t, The failure k> effect or |i any of the other in- maintain any insurance su:ance does not permit o/ adequate limits of contribution by equal coverage of insurance, shares, we will contrih- including but not limited utehy limits. Under this tn unemployment inuur method, each insurer's ance, social security share is based on the benefits, workers' com- raho of its applicable pensahon and disability limit (finsurance to the benefits. total applicable limits of insurance nf all insur- Z, "Cafeteria plans" means ers. plans authorized hy applica- ble |awtoaUow "emp|oyees" c. No Coverage 0o elect k> pay for certain benefits with p/e-�mUoUars. This insurance shall not cover any loss for which J. "Employee benefit pro- the insured is entitled 0o grams" means aprogram recovery under any providing some or all of the other insurance inforce following benefits to "em- previousk) the effective p|oyees', whether provided date of this Employee through a "cateteria y|an' o/ Benefit Liability Cover- otherwise: age. a Group life insurance: e. Additional Definitions group accident orhealth insurance: dental, vision As respects Employee Benefit Liabi|- and hearing plans; and ity Coverage, Section V ' Definitions flexible spending ac- is amended asfollows: counts; provided that no (1) The following definitions other than an "em on� are added: p|oyee, may subscribe to such benefits and 1. "Administration" means: such benefits are made generally available to a. Providing information 0o those "employees" who "employees", including satisfy the p|an'se|i8ihi their dependents and ityrequirements; beneficiaries, with re- spect to eligibility for or Includes copyrighted material ofInsurance GA233OA2O Ser,iceu ()#ice. |nc, with its permission. Page 7of17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p b. Profit sharing plans, h� Any other alternative employee savings dispute resolution pro- plans, employee stock ceeUing in which such ownership plans, yen- damages are claimed uion plans and stock and to which the in- subscription plans, pro- sured submits with our videU that no one other consent: or than an "employee" may subscribe tnsuch c. /\n appeal oia civil pro- benefits and such bene' ceeUing. fits are made generally Z� Unintentional Failure To Disclose Haz' avai|ab|etoaU 'emP|o>` and5 ees" who are eligible under the plan for such Section |V ' Commercial General Liabi|' benefits; ity Conditions, 6. Representations is c. Unemployment insu/- amended by the addition of the following: ance, social security Based on our dependence upon your oep- benefits. workers' com' resentationsasto existing hazards, ifun' pensutinnunddixahi|ity intentionally you should fail to disclose all benefits; and such hazards at the inception date o/ your policy, we will not reject coverage under d. Vacation plans, inc|uU- this Coverage Part based solely on such ing buy and sell pro- failure. grams: leave of ab- sence programs, inc|uU- 1 Damage To Premises Rented ToYou ing military, maternity, family, and civil leave; a The last paragraph of2. Exclusions tuition assistance plans; under Section | Coverage /\ Bod' transportahon and i|y Injury AndP Damage Li- health duhsuhddieu. ability is replaced by the following: C "First effective date" means Exclusions c. through n. Uo not apply the date upon which cover to damage by fire, explosion, light- age was first effected in a ning, smoke nr soot Lo premises while series uf uninterrupted re- rented to you o/ temporarily occupied newa|sof insurance cover- hy you with permission of the owner, age. for which the amount we will pay is limited to the Damage To Premises (Z) The following definitions are de- Rented ToYou Limit as described in |etedin their entirety and re- Section III Limits ()fInsurance. placed hy the following: b. The insurance provided under Sec- S. "Emy|oyee" means aperson Uon | Coverage A Bodily Injury And actively employed, formerly Property Damage Liability applies to employed, on leave niah- ..property d " arising out ofwa- senceor disabled, o/ retired. ter damage to premises that are both "Employee" includes a rented to and occupied hyyou. "leased worker' "Employee" does not include a "Lempo- 8s respects Water Damage Legal Li' raryworker" ability, ax provided in Paragraph 3.b. above: M "5uit" means a civil proceed- ing in which moneyUamag' The exclusions under Section | es because of an act, error Coverage Bodily Injury And Prop- or omission to which this in- erty Damage Liability, Z. Exclusions, suranceapp|ies are alleged. other than i, YVa/ and the Nuclear "Suit" includes: Energy Liability Exclusion (Broad Fo/m), are deleted and the following a. An arbitration proceed- are added: |n8inwhich such dam- ages urec|uimeUandto This insurance does not apply to: which the insured must "Property ProyertyUamaye": submit or does submit with our consent; Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc, with its permission. Page Vof17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p (i) Assumed in any contract or conditioning, fire protection uyu' ayreement. or tems, or other equipment, caused by or resulting from (ii) Caused byor resulting from any freezing, unless: of the following: (i) You did your best to main- 1) Wear and tear: tain heat in the building o/ 2) Rust or other corrosion, de- structure; or cay, deterioration, hidden or (ii) You drained the equipment latent defect or any quality in and shut off the water supply property that causes K to if the heat was not main- damage o/ destroy itself; Lained. 3) Smog; (d) "Property damage" to: 4) Mechanical breakdown, in- (i) Plumbing, heating, air cnnUi c|uUingruptureorbursting Uoniny, tire protection sys- causeUby centrifugal force: Lems, or other equipment nr 6) Settling, cracking, shrinking appliances; or or expansion; (i i) The interior /f any building 5) Nesting or infestation, or or structure, o/ k> personal discharge or release of property in the building or waste products orxecre- structure, caused hyo/ re- hons` hy insects, birds, ro- suKing from rain, snow, sleet dents nr other animals; or or ice, whether driven hy wind nrnot. 7) Presence, growth, y/o|i/e/a- hun` spread or any activity nf c. Limit UfInsurance fungus including mold or With respect tothe insurance affnn1- mi|devv, and any mycotoxinx` eUin Paragraphs 3 and 3,b. above, spores, scents orbyproducts the Damage o Premises Rented To produced or released by You Limit as shown in the Dec|ara- fungi honsis amended asfollows: (b) "Property damage" caused di- (1) Paragraph 6. of Section III Lim- /ecUyor indirectly by any of the its 0f Insurance is replaced hy k>||ovviny: the following: (i) Earthquake volcanic erup ` 6� Subject to Paragraph S. tinn, landslide or any other above. the Damage To earth movement; Premises Rented To You (ii) Water that backs uynrover- Limit is the most we will pay flows oris otherwise dis- under Coverage A Bodily charged from a sewer, drain, Injury And Property Damage sump, sump pump orrelated Liability for damages be- equipment: cause of "property damage" tu any one premises: (iii) Water under the ground sur- face pressing on, or flowing a. While rented to you, or or seeping through: temporarily occupied by you with permission of 1) Foundations, wuUu. the owner; floors or paved surtac- es; h, In the case of damage hy fire, explosion, |iyht' Z) Basements, whether ning, smoke or soot, paved ur not; or while rented 0o you: or J) Doors, windows or other c. In the case o/ damage openings. by water, while rented (c) "Property damage" caused by or to and occupied byyou. resulting from water that leaks or (2) The most we will pay is limited as flows from p|umbiny, heating, air described in Section B. Limits 0f Includes copyrighted material ofInsurance GA233OA2O Services Office, |nc, with its permission. Page 9of17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p Insurance, 3. Damage To Prem- the insured has waived its right ofrecnv- ises Rented To You of this en- e/y in a written contract, written ayree- Unrsemeni ment, written permit or written authoriza- tion. Such waiver by us applies only to 4. Supplementary Payments the extent that the insured has waived its Under Section | ' Supplementary Pay' right of recovery against such additional nmemks ' Coverages A and B: insured prior toloss. a. Paragraph 1.h. is replaced by the ho|- 8. Automatic Additional Insured ' Sped' lowing: fiedRe|aiionshipx Uy0o the limit shown in Section B. a. The following is added k> Section U ' Limits Of Insurance, 4`a. Bail Bonds Who b4mInsured: nf this endorsement for cost ofbail (1) Any yerson(s) ororganiza$ion(s) bonds required because / denchheUinParagraph 8.a.(2) cf or traffic law violations arising out of this endorsement (hereinafter re- the use o/ any vehicle to which the ferred to as additional insured) Bodily Injury Liability Coverage ap- whom you are required to add as plies. YVedo not have to furnish these an additional insured under this bonds. Coverage Part by reason of a b, Paragraph 1,d. is replaced by the fo|- written contract, written agree- lowing: ment` written permit or written authorization. All reasonable expenses incurred by the insured at our request to assist uu (2) Only the following persons or or- in the investigation or defense oithe gan|zak|ons are additional in- claim ur "suit sured� under this endorsement, ' earnings up0o the limit shown inSec- and insurance coverage provided �o �uchaUdihona| in�u/edsis |im tinn 8. Limits ()f Insurance, 4.�� Loss 0/ Earnings o/ this endorsement per iteUas provided herein: day because of time off from work. (a) Managers Or Lessors Of S. Medical Payments r,nnmrs The Medical Expense Limit of Any One The manager or lessor oia Person as shown in the Declarations is premises leased to you you amended tuthe limit shown in Section B. are required per Paragraph Limits {>f Insurance, J, Medical Payments 8.a.(1) of this endorsement of this endorsement. to provide insurance, but on- ly with respect t liability for 6. 180 Day Coverage For 0e`v|y Formed "bodily injury", "property Ur Acquired Organizations damage" or "personal and advertising injury" caused, in Section U ' Who Is An Insured is whole or in part, by you or amended asfollows: those acting on you/ behalf Subparagraph a. of Paragraph J, isre- in connection with the own- placed by the following: e/shiy, maintenance oruse uf that part of the premises a. Coverage under this provision isat- leased k) you, subject tothe forded only until the 180th day after following additional exUu' youacquireorformtheorganizahon sions: or the end of the policy period, whichever isearlier; This insurance does not ap- ply to: 7. Waiver UfSubrogation (i) Any "occurrence" which Section |V ' Commercial General Liabi|' takes place after you iiy Conditions, 8. Transfer Of Rights Of cease tubea tenant in Recovery Against Others To Us is that premises: amended hy the addition of the following: (ii) Structural alterations, We waive any right of recovery against new construction o/ any additional insured under this en- demolition operations dorsement, because of any payment we performed by or on be- make under this endorsement, to whom Includes copyrighted material ofInsurance GA233OA2O Services Office, |nc, with its permission. Page 1O *f17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p half of such additional damages that the insured. vendor would have in the absence of (h) Lessor Of Leased Equip' the contract o/ nment agreement; Any yeruon(s) or oryaniza- Z) Any express war- Uon(s) kom whom you lease ranty unauthorized equipment you are required by you; per Paragraph 8,a.(1) oithis endorsement to provide in- J) Any physical or su:ance. Such yerson(s) or chemical change in organization(s) are insureds the product made only with respect t liability intentionally hythe for "bodily /rVugr, "property vendor: damage' o/ "personal and advertising injury" caused, in 4) Repackaging, ex- whole or in part, by your ceyt when un' maintenance, operation or packed solely for use of equipment leased to the purpose of in- you by such persun(s) oror- spechon. Uemon' yanizadon(s). /\ pe/son'sor xtrutinn, testing, or oryanizahon's status axan the substitution of additional insured under this parts under in- endorsement ends when st/uctions from the their contract oragreement manufacturer, and with you for such leased then repackaged in equipment ends. However, the original con- this insurance does not a tainec ply to any "occurrence" -' Any failure Lomake which takes place after the such inspections, equipment lease expires. adjustments, tests (c) Vendors o/ servicing asthe vendor has agreed Any ye/son or organization to make ornorma|- (referred to he|nvv as ven- |y undertakes to dor) you are required per make in the usual Paragraph 8.a.(1) of this en- course of busi- Uorsement to provide insur- ness, inconnection unce but only with respect with the distribution to liability for "bodily injury" o/ sale of the or "property damage" arising products; out of "your products" which are distributed or sold inthe 6) Demonstration, in- regular course of the ven- staUatinn, sen/icing dnr's business, subject to or repair opera- the k)Uouiny additional ex, honx` except such c|udonc operations per- formed at the ven- (i) The insurance afforded Uor's premises in the vendor does not connection with the apply to: sale of the product: 1) "Bodily injury" or 7) Products which, af- 'y/oyerty damage" ter distribution or for which the ven- sale by you, have Uor is obligated to been labeled orre- pay damages by labeled or used as reason of the as- acontainer, part or sumphunufliability ingredient niany in a contract or other thing orsub- agreement. This stance hyorhorthe exclusion does not vendor: or apply Lo liability for Includes copyrighted material ofInsurance GA233OA2O Services ()#ice. |nc, with its permission. Page 11 *f17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p 8) "Bodily injury" or Permits DrAuthorizations "property damage" Relating TnPremises arising out ufthe sole negligence of Any state or governmental the vendor for its agency or subdivision o/ po- own acts oromis- |itica| subdivision you are sions or those of required per Paragraph its employees or 8.a.(1) of this endorsement anyone else acting to provide insurance, subject on its behalf. How- to the following additional ever, this exclusion provision: does not apply to: This insurance applies only a) The excep- with respect 0othe following honscontained hazards for which the state in Paragraphs o/ governmental agency or (c)(i)4) or6) of subdivision ur political sub- this endorse- division has issued apermit mentor or authorization in connec- tion with premises you own, b) Such inspec- rent orcontrol and towhich Uons, adjust- this insurance applies: ments, tests or servicing as (i) The existence, mainte- ' nance repar construc t�even�nr �as / � hon agreed to ` erection orremoval make or nor- of advertising signs, ma|y under- awnings, canopies, ce|- |a/ entrances,takes to make ` coal in the usual holes, driveways, man- course of holes, marquees, hoist business, in away openings, side- connection vaults,` street ban with thediski- nerxor decorations and huhonnrsale similar exposures; of the prod- (ii) The construction, eoec' ucts, honorremova| oie|eva- tors; or This insurance does not � apply to any insured (iii) The ownership, mainte- pe/sonoror8aniration: nancenr use oi any e|- 1) From whom you evators covered hythis have acquired insurance. such products, or (e) Mortg agee, AssigneeUr any ingredient, part Receiver , or container, enter- ing into, accom Any person or organization ny|ng or containing you are required per Para- such products; or graph 8.a.(1) of this en- dorsement tu provide insur- 2) When liabilityin- ance, but only with respect c|udeU within the , tn their liability aumortya' products- gee, assignee or receiver completed opera- and arising out ni the nwn- Uonu hazard" has � ership. maintenance oruse been excluded un of the premises hyyou. der this Coverage However, this insurance Part with respect to does not apply tustructural such products. a|teskions, new construction and demolition operations Agency Or Governmental ye//o/medhyor /ort�a� /��ency ()r ��uhdivision ()r per- Political Subdivision ' son urorganization. Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc, with its permission. Page 12 *f17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p (J) The insurance afforded to aUdi- Automatic Additional Insured Pnn' hona| insu/edsdesc/ibeUinPa/- vision agraph 8.a.(1) of this endnrse- ment: This insurance applies only if the "bodily injury" or "property damage" (a) Only applies 0o the extent occurs, or the "personal and advertis- pennitteUhylaw; ing injury" offense iscommitted: (b) Will not be broader than that (1) During the policy period; and which you are required by the written contract, written (2) Subsequent to your execution oi Lhewritten contract orwri�en agreement, written permit or written authorization to pro- agreement, or the issuance ofa vide for such additional in- written permit orwritten authori uured: and zahon, described in Paragraph 8a11) (d Does not apply to any per- son, organization, vendor, dL Section |V ' Commercial General state, governmental agency Liability Conditions is amended as or subdivision or political k>follows:follows: subdivision, specifically Condition 4. Other Insurance is named as an additional in amended k) include: sureU under any other provi- sion of, or endorsement Primary And Noncontributory In- added to, this Coverage surance Part, provided such other T�i� insuranceis i tnanUwiU provision or endorsement p //m/' covers the injury ordamage not seek contributionfrom any other forwhichthisinsuranceay- insurance available to an additional p|ies. insured per Paragraph 8.a.(1) o/ this endorsement provided that: b, With respect to the insurance afford- ed to the additional insureds de (1) The additional insured is a scribed in Paragraph 8.a.(1) oithis Named Insured under such other endorsement, the following and owing is added � to Section III ' Limits Uf |nsunance� 2 Y h U i writing i � ( ) You have agreed n wr ng n a The most we will pay nn behalf nfthe contract, agreement, permit o/ additional insured is the amount ofin- authorization described in8.a,(Z) surance: oi this endorsement that this in- surance would he primary and (1) Required hy the written contract, would not seek contribution from written agreement, written permit any other insurance available to or written authorization described the additional insured. in Paragraph 8.a.(1) ni this en- do/semeni For the purpose of 9. Property Damage Tn Borrowed Equip- determining therequiredamount nment of insurance only, we will include a� The following is added toExduxion theminimumamountnianyUm- 2J, Damage To Property under Sec- hreUa liability or Excess Liability hon | Coverage Bodily Injury And coverage required for that uddi- Property Damage Liability: hona| insured in that written con- trac , written agreement, written Paragraphs (J) and W0of this exc|u- pe/m|tor written authorization; or sion do not apply to tools or equip- ment |naneUtnyou, prnviUedth are (Z) Available under the applicable not being used to perform operations limits oiinsurance� ' aL the time ofloss. whichever isless. b` With respect k> the insurance provid- This endorsement shall not increase ed by this section of the endorse- the applicable limits oiinsurance. ment` the following additional provi- sions app|y: '. Section |V ' Commercial General Liability Conditions is amended Ln (1) The Limits oi Insurance shown in include the following: the Declarations are replaced hy the limits shown in Section B. Includes copyrighted material ofInsurance GA233OA2O Ser,iceu ()#ice. |nc, with its permission. Page 13 *f17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p Limits Of Insurance, 9. Pro 1) Your "employees" who provide pro- Damage To Borrowed Equip- iessiona| health care services onyour ment of this endorsement with behalf as a duly licensed nurse, respect tocoverage provided by emergency medical technician o/ this endorsement. These limits paramedic in the jurisdiction where an are inclusive of and not in addi- "occurrence" o/ offense to which this huntn the limits being replaced. insurance applies takes place: ur The Limits of Insurance shown in Section B. Limits ()fInsurance, Z) Your "emy|oyees" or "volunteer work- P ' D age To Bo/- ers"` other than an employed ur vol- rowed �EqipmenLoftNsen- untee/ doctor, providing first aid or do/semerk fix the most wewill good samaritan services during their pay in any one 'nccurrence" re- work hours for you will he deemed to gard|essoi the number of: be acting within the scope of their employment by you or performing Uu- (a) Insureds; ties related to the conduct nfyour business. (h) C|aims made or 'suits" brought; or 11. Broadened Notice Of Occurrence (c) Pe/sons or organizations Paragraph a, of Condition 2. Duties |n making claims or bringing The Event Of Occurrence, Offense, 'suits" Claim 0r Suit under Section |V ' Com- mercial Genera| Liabi|byCondiiion5is (Z) Deductible Clause replaced hy the following: (a) Our obligation to pay dam- a� You must see tnic that we are notified ages on your behalf aypUex as soon as practicable of an "occur- only to the amount of dam- rence" oruno#en�eehichn�ayresu|t ages for each "occurrence" ina claim. To the extent possible, no- which are in excess of the hce should include: Deductible Amount shown in Section B. Limits Of |nsur- (1) How, when and where the "oc- ance. 0. Property Damage currence" or offense took place; To Bo/rowed Equipment of this endorsement. The limits (2) The names and addresses of of insurance will not here- any injured persons and wit- duced by the application of nessesand such deductible amount. (3) The nature and location ufany (b) Section |V Commercial injury or damage arising out of �he "nccurrence' orn#enne General Liability Conditions, . 2. Duties In The Event ()f This requirement applies n|y when Occurrence, � � the "occurrence" or offense is known 0r Suit, applies toeach to any insured listed under Paragraph claim or "suiy irrespective of 1. nf Section U Who |s /\n Insured nr the amount. any "employee" authorized by you to (c) YVe may pay any part or all give or receive notice of an/ence" oro#ense "occur- of the deductible amount 0o � effect settlement of any 12. 0omnw/n*d /Vrcraft claim ur "suit" and, upon no- tification of the action taken, The following is added to Exclusion Z,g, you shall promptly reim Aircraft, Auto Dr Watercraft under Sec' hurseus for such part of the don | ' Coverage A ' Bodily Injury And deductible amount as has Property Damage Liability: been paid hyus. This exclusion does not apply to an air- 1O. Employees Au Insureds ' Specified craft you Uo not own, provided that: Health Care Services And Good Samar- itan Sen/ices a. The pilot in command holds acurrent effective certificate, issued hyaduly Paragraph 2,a,(1)(d} under Section || constituted authority of the United Who |uKn Insured does not apply to: States of America or Canada, desig- nating thatpersonasacomme/cia| or airline transport pilot; Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc, with its permission. Page 14*f17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p b� The aircraft ix rented with atrained, Z) Damage occurs while in paid crew; and your possession. c. The aircraft does not transport per- At your written requeut, we sons or cargo for a charge. will make this payment re- gardless of whether you are 1J. Bodily Injury Redefined at fault for the "property Section V ' Definitions, J. "Bodily injury" damage". |s replaced by the following: If you, at our request, re- 1 "Bodily injury" means bodily harm or place, nr make any repairs injury, sickness, disease, disability, to, damaged property of humiliation, shock, fright, others,, the amount we will gushor mental injury, including care, pay under Voluntary Proper- loss of services or death resulting �Yvu//mye Cvvouyc will be from any (f these at any time. determined by your actual cost to replace nr repair the 14. Expected Or Intended Injury Redefined damaged property, exc|ud' Tke last sentence of Exclusion 2.a. Ex' ing any profit oroverhead. pected Or Intended Injury under Sec- Any payment we make un- hon | ' Coverage A ' Bodily Injury And der Voluntary Property Property Damage Liability is replaced hy Damage Coverage shall not the following: be interpreted asanadmis- sion of liability by you or by This exclusion does not apply to "bodily us, injury" or "property damage" resulting from the use of reasonable force to protect per- It shall be your duty, not our sons orproperty. duty, to defend any claim or "suit" to which this insurance 15. Former Employees AsInsureds applies. The following is added tn Paragraph 2. No other obligation or |iabi underSecdnn || 'VVho |sAn |nsured: ity to pay sums or perform 2. Each of the following is also an in- acts or services iscovered. sureU� � (b) This insurance applies to Any of your former 'emp|oyees', di- "yroyerty damage" only it: rectors, managers, members, part' 1) The "property damage" "executive executiveofficers"` including takes place in the "cov' but not limited to retired, disabled or " e:ageten|tory . and those on leave of absence, but only for acts within the scope of thei/ em- Z) The "property damage" yloymer8hy you or for duties related occurs during the policy to the conduct o/your business. period. 16. Voluntary Property Damage Coverage (2) Exclusions a. Section | ' Coverages is amended to This insurance does not apply to include the following: "property damage" that would he excluded hy Coverage A Bodily COVERAGE D ' VOLUNTARY Injury And Property Damage Lia- PROPERTY DAMAGE COVERAGE biity. 2, Exclusions, except for j, (1) Insuring Agreement Damage To Property, Para- graphs (3), (4)� (5) and (6), k. (a) We will pay the cost to re- Damage Tu Your Product, and L pair or replace "property Damage To Your Work. damage" to property of oth- ers a/isingout of operations (3) Definidonx incidental to your business For purposes of Voluntary Prop- when� � erty Damage Coverage only, the 1) Damage is caused by following definitions under Sec- you: or hnnV ' Definitions are replaced hy the following: Includes copyrighted material ofInsurance GA233OA2O Ser,iceu ()#ice. |nc, with its permission. Page 1S *f17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p 11 '()ccunence" means an in- "property damage" under this cident, including continuous Coverage Part. or repeated exposure to substantially the same yen' c. Limits Of Insurance And [}educM' era| harmful conditions that Wes result in "property damage" For purposes of the coverage yrovid- 17� "Property damage" means ed by Voluntary Property Damage physical injury totangible Coverage and Care, Custody 0rCnn- pruperty. Electronic data is tro| Liability Coverage, Section III ' not tangible property, and Limits Of Insurance is amended to "property damage" does not include the following: include disappearance, ab- (1) The Limits of Insurance shown in strachonortheft. the Declarations are replaced hy As used in this definition, the limits shown in Section B. electronic data means in- Limits 0f Insurance, 16, Vo|un' formation, facts o/ pro- tury Property Damage Coverage grams, stored asor on, cre- and Care, Custody 0rControl ateU or used on, transmitted Liability Coverage in this en- Uorsemen� These limits are in- ware, Lonr �omcnmpuLersn�- � c|uuiveo� and not aUUihon �o indudiny �y�em� and ` , applications software, hard the limits being replaced. The or floppy disks, CD-R0Ms, Limits nfInsurance shown in the tapes, drives, cells, data Schedule fix the most we will pay processing devices or any regardless nf the number of: other media which are used (a) Insureds: with electronically controlled equipment. (b) C|aims made or "suits" b. Care, Custody Or Control Liability brought: or Coverage (c) Persons or organizations making claims o/ bringing For purposes of the coverage y/o«id' "Suits", eUhy Care, Custody 0r Control Lia- bility CoverayeintNsendo/sement (2) (a) Subject to (J) below, the only: Voluntary Property Damage Cove/age Each Occurrence (1) Section | Coverage A Bodily Limit Of Insurance is the Injury And Property Damage Lia most we will pay for the sum bi|ity` 2. Exclusions, j. Damage of damages under Voluntary Tu Property, Paragraphs (J), (4) Property Damage Coverage: and (5) do not apply to "property damage" tothe property ofoth (h) The Care, Custody ()rCon ersUescrihedtherein. tro| Liability Coverage Each Occurrence Limit Of |nsur- (Z) |t shall he your duty, not our duty, anceis the most we will pay to defend any claim or 'suit" to for the sum nf damages un whic|) t|)isinsuranceapp|ies. de/ Care, Custody0rCon NoodheroNiyahonor |iabiityto tro| Liability Coverage; pay sums ur perform acts orser- because o/ all "property damage" vices iscovered. arising out of any one "occur- This Paragraph (2) su seU rence". any provision in the Coverage (3) The Voluntary Property Damage Part to the contrary. Coverage, Aggregate Limit Of (3) "Property damage" for which Insurance |x the most we will pay Care` Custody Cr Control Liabi| for the sum oi all damages under ity Coverage provides coverage Voluntary Property Damage shall be deemed tube caused by Coverage. This limit applies sep an "occurrence' but s|)a|| not urate|yto each "coverage term' serve to limit or restrict the aP' (4) Deductible Clause p|icahi|tyoi any exclusion for Includes copyrighted material ofInsurance GA233OA2O 5er,iceu ()#ice. |nc.. with its permission. Page 1hof17 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p (a) Our nN|yahon to pay dam' you shall promptly reim' agesonyourbeha|fayy|ies hurseus for such part oithe only to the amount of dam- Deductible Amount as has ages for each "occu/rence" been paid hyus. which are in excess of the Deductible Amount shown in 17. Broadened Contractual Liability ' Work Section B. Limits Of |nsur- Within 5O' Of Railroad Property ance. 16, Voluntary Property Section V ' Definitions, 0. "Insured con- Damage Coverage and tract" is amended asfollows: Care, Custody Or Control Liability Coverage. The |im- a. Paragraph c. is replaced by the k)|- itsoi insurance will not he lowing: reduced by the application of such Deductible Amount. c. Any easement or license agree- ment (h) Section |V Commercial General Liability Conditions, b. Paragraph [(1) is deleted in its enhre- 2. Duties In The Event Of ty� Occurrence, Offense, Claim� 1/i Alienated Premises Or Suit, applies to each claim or 'sui[' irrespective of Exclusion ZJ. Damage To Property, Para- the amount. graph (2 under Section | ' Coverage & ' Bodily Injury And Property Damage Liahi|' (c) We may pay any part orall i ' does not apply if the premises are of the Deductible Amount tn " " your work". effect settlement of any claim or 'xuit" and, upon no- tification of the action taken, Includes copyrighted material ofInsurance GA233OA2O Ser,iceu ()#ice. |nc, with its permission. Page 17 *f17 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F This page has been left blank intentionally. DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F 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 Condi- (2) You have agreed in writing in a contract or tion and supersedes any provision to the contrary: agreement that this insurance would be primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek con- additional insured. tribution 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 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F This page has been left blank intentionally. DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): As Required by Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- shown in the Declarations nor shall they gaily obligated to pay as damages caused by reduce any other Designated Construc- "occurrences" under Section I - Coverage A, tion Project General Aggregate Limit for and for all medical expenses caused by acci- any other designated construction project dents under Section I - Coverage C, which shown in the Schedule above. can be attributed only to ongoing operations at a single designated construction project 4. The limits shown in the Declarations for shown in the Schedule above: Each Occurrence, Damage To Premises Rented To You and Medical Expense 1. A separate Designated Construction continue to apply. However, instead of Project General Aggregate Limit applies being subject to the General Aggregate to each designated construction project, Limit shown in the Declarations, such lim- and that limit is equal to the amount of the its will be subject to the applicable Desig- General Aggregate Limit shown in the nated Construction Project General Ag- Declarations. gregate Limit. 2. The Designated Construction Project B. For all sums which the insured becomes le- General Aggregate Limit is the most we gaily obligated to pay as damages caused by will pay for the sum of all damages under "occurrences" under Section I - Coverage A, Coverage A, except damages because of and for all medical expenses caused by acci- "bodily injury" or "property damage" in- dents under Section I - Coverage C, which cluded in the "products-completed opera- cannot be attributed only to ongoing opera- tions hazard", and for medical expenses tions at a single designated construction proj- under Coverage C regardless of the ect shown in the Schedule above: number of: 1. Any payments made under Coverage A a. Insureds; for damages or under Coverage C for medical expenses shall reduce the b. Claims made or"suits" brought; or amount available under the General Ag- c. Persons or organizations making gregate Limit or the Products completed claims or bringing "suits". Operations Aggregate Limit, whichever is applicable; and 3. Any payments made under Coverage A for damages or under Coverage C for 2. Such payments shall not reduce any medical expenses shall reduce the Des- Designated Construction Project General ignated Construction Project General Ag- Aggregate Limit. gregate Limit for that designated con- C. When coverage for liability arising out of the struction project. Such payments shall not "products-completed operations hazard" is reduce the General Aggregate Limit provided, any payments for damages be- CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F cause of "bodily injury" or "property damage" doned and then restarted, or if the authorized included in the "products-completed opera- contracting parties deviate from plans, blue- tions hazard" will reduce the Products- prints, designs, specifications or timetables, completed Operations Aggregate Limit, and the project will still be deemed to be the same not reduce the General Aggregate Limit nor construction project. the Designated Construction Project General Aggregate Limit. E. The provisions of Section III - Limits Of Insur- ance not otherwise modified by this endorse- D. If the applicable designated construction proj- ment shall continue to apply as stipulated. ect has been abandoned, delayed, or aban- CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 ❑ 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I][ CAREFULLY. »�U ��`nci" "�� U � BUSINESS AUTO XC+O �� i� �� ~��i-� �&� �� PLUS) ��~vvn ^ `/��~�� ~` v^ `��~ ��A�� ~o°��nv��~nn"�~nm . This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified hy this endorsement. A. Blanket Waiver nfSubrogation This provision does not apply unless the valid wri8en�oo�ac� haoboeo� SECTION UV ~ BUSINESS AUTO C��ND|^ T|ON8, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others toUsio "bodily ioju?y'or"property danoage'', and amended hy the addition of the following: 2. |u still io force a1 the time uf the "accident" VVo waive any right of recovery mm may have causing "bodily injury'' or "property dam- against unypwrnonornryuniza\ionhecauswof age". payments we make for "bodily inju9'' nr "property damage"arising out uf the operation O. Employee Hired Auto ofacovered ''au\o'' when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under un "insured onrk,uct'. p/nvk]- The following io added 1n the SECTION U ed the "bodily injury'ur"property damage" uu' ^ LIABILITY COVERAGE, ACoverage, curs subsequent to the execution or the "m- 1.Who isonInsured: *oreduoo|ract" An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an '\au\o'' hired nrrented under o contract or agreement in that SECTION UV BUSINESS AUTO ��(�NO| ''~ ~ ennp|nyee's'' name, with your permission, T|ONS B. (�enenx| (��ndid�nn � Other |n ` � ` � ~ while performing duties related 1uthe surence c. is deleted in its entirety and re- conduct of your business. placed hy the following: c. Regard|e000ftheprovinionnofPa/- 2. Changes in General Conditions og/oph a. above, this Coverage SECTION |V ^ BUSINESS AUTO CON^ Foroo'uLiahi|ityCovera0eiuprinoary D|T|ONS. B. General Conditions, 5. and vw* will not seek contribution Other Insurance is deleted io its entirety from any other insurance for any |iu- and replaced hy the fh||ow/in0� hi|i\y unnunnzd under an "insured contract" that requires liability to be b. For Hired Auto Physical Damage assumed ona primary nonoon\ribu1o' Coverage the following are deemed rybasin. 1nhe covered ''ou<no''you nvxw C. Additional Insured hyContract (1) Any covered ''auto" you lease, hire, rent o/ borrow, and SECTION || ~ LIABILITY COVERAGE, A Coverage, 1. Who iaan Insured isamended (2) Any covered ''auto" hired or 10 include a*on insured any person nrorgaoi rented by your ''crnp|nyee'' under auun1ra'� in �ha1individua| ''eno zohon for v,hn/nyou have agreed inovalid w«i8onuontra(t tu provide insurance asaf- P|oyeo'o'' name, with your per- forded by1hinpo|icy mission, while performing duties related to the conduct of your This provision iu limited k) the scope ufthe business. valid mitten contract. Includes copyrighted material ofISO /\/\ 288O62U Properties, |nu. with its permission. Page 1of4 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p However, any '.autu'' that ioleased, a. |n effective nn the date ofacquisition hired, rented nr borrowed with adriver or formation, and is afforded for 1O0 io not e covered''au1o" days after such date, E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily irjun/' ur nment "property damage" resulting from an "accident" that occurred before you SECTION ||| PHYSICAL O�0��E C��V ^ ^ acquired or formed the organization, ERAGE/ C. Limit uf Insurance io amended Uy adding the following: c. Does not apply 10 any newly acquired ur formed organization that inajoint 4. The most wowill pay for all '1ouo" 1uau- venture or partnership,and Uiu' visual or data electronic equipment and any accessories used with this d. Does not apply 1uan insured under equipment as a result of any one '\auoi any other automobile liability policy or dent"io the lesser nf would he an insured under such a policy but for the termination nfsuch a� The actual cash value of dam policy or the exhaustion uf such pu|i a0edurstu|enproportyaoufthe1inoe oy'o limits ufinsurance. of1he,,aooiden[` . 3� Any uf your '\enop|oyee�' while using a b. The cost uf repairing urrep|a�ngthe covered '\auto" in your business uryour damaged or stolen property with o1h' personal affairs, provided you du not own, er property uf like kind and quality, nr hire or borrow that'�au1o" c. $250O ' G. Liability Coverage Extensions ` Supple- Provided the equipment, at the time nfthe nnentary Payments ~Higher Limits loos�`in SECTION || ` LIABILITY COVERAGE, /L a. Permanently installed ino/ upon the Coverage, 2 Coverage Extensions, a. Sup- covered ''auto'' inahousing' opemng p|ennentary Payments io amended by: ur other location that io not normally 1� Rep|aungthe $2.O0O Limit ufInsurance used by the ''auto'' manufacturer for for bail bonds with $4'000in /2>, anU the installation nf such equipnoen1, ` ' %. Replacing the $Z5O Limit nf Insurance for b. Removablefroma permanently in reasonable expenses with$508in (4\ n1e||ed housing unit as described in ` ' Paragraph 2.m. above, nr H. Amended Fellow Employee Exclusion u. An integral part uf such equipment. SECTION || ` LIABILITY COVERAGE, B. Eu` c|uyions` 5. Fe||owvEmmp|oyeeinnooUifiedan F Who -Amended � ~ h)Unws� SECTION || L|��B|L|T`Y <��]VER/��E A.~ ' Exclusion 5. Fellow Employee indeleted. Coverage, 1. Who inan Insured ioamended Uy adding the fol|onin0� U. Hired Auto `Physical Damage The following are"|nsured,�' If hired "autus�'are covered "autos�'for Liability Coverage, then Comprehensive and Collision 1. Any suhsidiarywhich ina legally inonrPo Physical Damage Coverages ao provided un rateUonhtynfvvhiuhynuownafinanuia| der SECTION III ~ PHYSICAL DAMAGE interest nf more than 5OY6uf the voting COVERAGE of this Coverage Part are ex- stock on the effective date nf this cover- tended 1o ''autun" you hire, subject 1n the h)| a8efhrno. lowing: However, the insurance afforded by this 1� The most we will pay for "1000/' to any provision does not apply tn any nuh�diary hired ''auto" io $5O'O00or the actual cash that isan 'insured'' under any other au- value nr cost 1u repair or replace, vvhioh' 1nnx>bi|e |iabi|iLypu|icyor\,ouNbeen "in ever io the least, minus adeductible. nured" under such policy but for termina- tion nfnuohpu|ioynrtheoxhaunhonn[ 2. The deductible will be equal 1u the largest such pn|ioyo limits uf insurance. deductible applicable to any owned '\auto" for that coverage, or $1'8OO' whichever in 2. Any organization that io newly acquired ur less. formed by you and over which you main- tain noajorityowne/ohipThoinou/anoe 3. Hired Auto Physical Damage coverage provided by this provision in excess over any other collectible insur- ance. Includes copyrighted material ofISO /\/\ 288O62U Properties, |nu, with its permission. Page of 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p 4. Subject k>the above limit,deductible, and K. Transportation Expense -Higher Limits excess provisions we will provide cover- age SE��T|��NU| PHYS|��\LO�K��EC��V equa| 1o1hebruadeo1unvenageepp|i ^ ^ nab|e 1n any covered `�au1u" you own in' ERAGE` A. Coverage, 4. Coverage Exten~ ouredunUerthinyn|ioy yionu is amended by replacing $20 per day with $58 per day' and $008 noaxinouno with Coverage includes loss of use of that hi"eUau' $1.5OU maximum in Extension a. Tronspor^ tn, provided it results from an ''aooiUen1" for tationExpenseo which you are legally liable and aoa result of which a monetary |000 is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION ||| ` PHYSICAL DAMAGE COV` yayfhranyune ''aooiUen1'' io$3.O00 EFW\GE, B. Exclusions, 3.a. in amended by |fa limit for Hired Auto Physical Damage in adding the t>|ov/ing� shown in the Schedule, then that limit reP|ao- However, the mechanical and electrical es, and io not added to, the $50.000 limit inUi breakdown portion n[ this exclusion does not oated above and the deductibles shown inthe apply 10 the accidental discharge ofanairbag. Schedule are applicable. This coverage for airbags in excess over any J. Rental Reimbursement other collectible insurance orwarranty. SECTION ||| ^ PHYSICAL O/\0A8E C[>V. M. Loan mr Lease Gap Coverage ERAGEioan.endeUhy adding the hl||owing� 1 SECTION III ~ PHYSICAL DAMAGE ��i�VER�(�E �� Linmi� �f |nsuronueio 1. YVov�|| pay h)rrental reinoUuroenoentex- ' pen000 incurred by you for the rental uf deleted in its entirety and replaced Uythe an''au1o'' because ufa '1nsn'`1uacovered h)||w/vin8, but only for private passenger ''autn'' Payment applies in addition 1uthe type ''autoo''with an original loan orlease, otherwise applicable amount uf each ou»- and only in the event ufa "total loss" 1u erage you have ona covered ''autu'' No such a private passenger type''auto'`� deductible applies 1n this coverage. a. The most we will pay for'1oun'' inany 2. VVe will pay only for those expenses in- one ''anoiUent"in the greater of: nurreU during the policy period beginning (1> The anoountdue under the ternoo 24 hours after the '1oao'' and ending, re- ` ' uf the lease nr loan towhich garo|eno of the pn|icys expiration, with your onvereU private passenger the |0000r of the h)||nxving number of type ''auto'' io subject, but will not days: include a. The number cfdays reasonably re (m) Overdue lease nr loan pay- qu|reU1u repair the covered '`auto'` |t ` ' noen10 '1oss'' io caused Uy theft,this number ' of days is added to the number of (b) Financial penalties imposed days i1 takes 1u locate the covered under the lease due 1uhigh "auLo''and return it1u you, ur mileage, excessive use or b. 38Uayo. abnormal wear and tear, /c} 8euur�y deposits not re 3. Our payn�ontis |inoitedtu the lesser ufthe ` ' funded by the lessor, following amounts /d} Costs for extended vuanan- a. Necessary and actual expenses in- ` ' ties, Credit Life Insurance, ourrodur ' Health, Accident nrDisabi| b. $50 per day. i1y Insurance purchased with the loan urlease, and 4. This coverage does not apply while there are spare nrreserve '\autos!' available to (e) Carry-over balances from you for your operations. previous loans ur leases, ur A��ue| oenh value of the o1u|on�> G. YVowi|| pay under this coverage only that (` ' amount uf your rental reimbursement ex- ur damaged property. pennen which in not already provided for b� An adjustment for depreciation and under SECTION U|| PHYSICAL DAM-~ physical condition vj|| be made in de- AGE C(]VER/\<3E` A. Coveroge` 4. ternoining actual cash value atthe Coverage Extensions. time of'1noo" Includes copyrighted material ofISO /\/\ 288O62U Properties, |nu. with its permission. Page of 000ummo Envelope|o a51922r7-8363-*52D-9o1^'o3a5p^a930*p 2. SECTION V ~ DEFINITIONS inamended P. Unintentional Failure ho Disclose Hazards by adding the fh |nwing' but only for the SECTION IV BUS|NEQS �U�D ��NO| o� this Loan or Lease Gap ~ ^ purposes T|��N�� B. ��enerm| <��nd�i�ny � Conceal- ment, ' � ' � ~ ment, Misrepresentation or Fraud is "Total |oss�' means a "1oss�' in which the amended by adding the hol|ovvin0� cost of repairs plus the salvage value ex- ceeds theao1ua| oanhva|ue However, if you unintentionally fail to disclose any hazards existing nn the effective date of N. Glass Repair-Waiver ofDeductible this Coverage Form, we will not deny cover- age under this Coverage Form because of SECTION III PHYSICAL - such failure. ERAGE` D. Deductible in amended Uyadding the following: Q. Mental Anguish Resulting from Bodily | ju~ NoUeUuoLib|eapp|ieotug|anndamageif1he ` glass in repaired ina manner acceptable tnuo SECTION V ~DEFINITIONS, C. "Bodily i rather1hanrep|aued n/ io deleted in its entirety and replaced by O. Duties in the Event nfan Accident, Claim, thehzUovving� Suit or Loss~Amended "Bodily injur\/' means bodily injury, sickness or disease sustained hya person, including men- SECTION UV BUSINESS ^ ta| anguish and death sustained Uy the same T|(]NS /� LmooCmnditiony 2 Dutieuinthe ` � ` person that results from such bodily injury, Event of&ccident <�|oirn Suit a in ` / ' � oioknono or disease. "Bodily injury' does not amended Uy adding the fn||owin0: include mental anguish or death that does not This condition applies only when the ''aooi result from bodily injury, sickness urdisease. dent"orinnn'` in known to R. Coverage for Certain Operations in Cmn` 1. You,if you are anindividual, nectiom with Railroads 2. A partner, if you are apartnership, With respect 1n the use cfe covered '.au1d" in operations for nr affecting a railroad � 3. Anexooutiveuffioororinouranoonoana0 1 SET|�)NV DEF|�|T|ONSH "Ins ured er. ifynuaroaourporadon, ur . ` ` � non1rar[' lz� in�e|eteUini�senLietyanU 4. A member nr manager, if you are a |ino- replaced by the k)|ov/ing� itod liability company. c. An easement nr license agreement, 3. SECTION V ` DEFINITIONS, H. "Insured non1rarL'", %.m. iodeleted. Includes copyrighted material ofISO A/\ 288O62U Properties, |nu, with its permission. Page 4of4 DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART-CLAIMS-MADE Paragraph 13.Transfer of Rights of Recovery Against Others to Us of Section IV - Conditions is revised by the addition of the following: We shall be entitled to a recovery only after the insured has been fully compensated for damages. Includes copyrighted material of Insurance US 4068 WA 06 07 Services Office, Inc., with its permission. DocuSign Envelope ID: B51922F7-8363-452D-9D10-B3B5F0B9304F This page has been left blank intentionally.