The URL can be used to link to this page

Home My WebLink AboutInterwest Contract Hadlock Sewer Wastewater Treatment Plant Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: January 16, 2024 Subject: Execution of Contract with Interwest Construction, Inc. for Award of Contract for Phase 2— MBR Wastewater Treatment Plant for Port Hadlock UGA, Project No. 40521140, Commerce Project No. 22-96515- 026 Statement of Issue: Execution of Contract with Interwest Construction, Inc. for the award of contract for Phase 2— MBR Wastewater Treatment Plant for Port Hadlock UGA, Project No. 40521140, Commerce Project No. 22-96515-026. Analysis/Strategic Goals/Pro's & Con's: The Board awarded this construction contract to Interwest Construction, Inc. on January 2, 2024. The contractor has provided the required Performance Bond, Payment Bond and Insurance and the Contract is ready for final signature. This work will be performed over the course of 502 calendar days and is expected to be completed in July 2025. Fiscal Impact/Cost Benefit Analysis: The bid amount is $10,020,835.00, including 9.1% Washington State Sales Tax (WSST). This project is fully funded with an appropriation from the State of Washington received in the 2021 Capital Budget utilizing Coronavirus State and Local Fiscal Recovery Funds (SLFRF) from the federal American Rescue Plan Act (ARPA). Recommendation: Public Works recommends that the Board execute all two (2) originals of the Contract with Interwest Construction, Inc. and return one (1) original to Public Works for further processing. Department Contact: Samantha Harper, P.E., Project Manager, 385-9175. Reviewed By: /*//e:/;- ' Mark McCauley, C ty Administrator Dat CONTRACT REVIEW FORM I Clear Form 1 (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: TBD Contract No:91g9j 3-II V Contract For: Phase 2-MBR Wastewater Treatment Plant for Port Hadlock UGA Term: COUNTY DEPARTMENT: Public Works Contact Person: Samantha Harper Contact Phone: 360-385-9160 ext 175 Contact email: sharper@co.jefferson.wa.0 AMOUNT: $7,000,000 PROCESS: Exempt from Bid Process oP Revenue: b00,000.00(plus WSST) Cooperative Purchase Expenditure: ,$•7000,000.00(plus WSST) Competitive Sealed Bid Matching Funds Required: C , Small Works Roster Sources(s) of Matching Funds so Vendor List Bid Fund# 405 RFP or RFQ Munis Org/Obj ✓ Other: Review Prior to Award APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO PLIANCE W T ' . 3.55.080 AND CHA TER 42.23 RCW. CERTIFIED: N/A:I — I (O 2,3 Signatu c Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: F. N/A: ! — ( V z3 Signature ate STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): V Electronically approved by Risk Management on 11/9/2023. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): ctronically approved as to form by PAO on 11/6/2023. hanks for providing the entire contract for the risk/legal review required by County Resolution 81-96. PAO' detailed comments on a draft contract were provided on 10/18/2023 in an email sent at 5:30 a.m. Not sure all the suggested edits got made. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 SECTION 005100 - AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This Agreement is by and between Jefferson County ("Owner") and Interwest Construction Inc. ("Contractor"). Some words used in this this Agreement are defined below or in either the General Conditions (Section 7000) or the Supplementary Conditions (Section 8000). Words not defined in this Agreement or the General Conditions (Section 7000) or the Supplementary Conditions (Section 8000) are meant to have their usual and ordinary meaning in the context used and as defined in the Dictionary by Merriam -Webster (l, ups; lhyurw. m erri am -we bar. coin l) . Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents (listed in Article 7, below). Contractor agrees to furnish all labor and equipment and do certain Work, to - wit: That Contractor shall undertake and complete to the generally described Work as follows: The construction of a new max month 90,000 gpd Membrane Bioreactor Wastewater Treatment Plant ("MBR WWTP"), included but not limited to site Work: stormwater, lighting, site piping and electrical; administration and chemical buildings; MBR WWTP canopy building; equalization tank; odor control; standby generator and other Work, all in accordance with the attached Contract Plans, the terms and conditions in this Agreement Contract Provisions, Supplementary Conditions and the General Conditions. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Phase 2 —Membrane Bioreactor Wastewater Treatment Plant for Port Hadlock UGA ARTICLE 3—ENGINEER 3.02 The part of the Project that pertains to the Work has been designed by Tetra Tech located at 2003 Western Avenue, Suite 700, Seattle, WA 98121. ARTICLE 4—CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of in this Agreement. 4.03 Contract Times: Days A. The Work shall be substantially complete within 502 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 30 days after the date when the Contract Times commence to run. AGREEMENT 005100 - 1 4.05 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Accordingly, Contractor agrees: 1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for Substantial Completion, and 2) To authorize the Owner to deduct these liquidated damages from any money due or coming due to Contractor. Liquidated Damages Formula LD=0.15C/T Where:' LD = liquidated damages per working day (rounded to the nearest dollar) C = original Contract amount T = original time for Substantial Completion 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner per Article 4.06.13 until the Work is completed and ready for final payment. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement. 4.06 Special Damages A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. AGREEMENT 005100 - 2 C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement. ARTICLE 5—CONTRACT PRICE A. For all Work, at the prices stated in Contractor's Bid, attached hereto as Exhibit B. B. Contractor shall provide and bear the expense of all equipment, Work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the Work provided for this contract and every part therefore. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment shall be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of Contractor's Applications for Payment monthly during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments shall be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in this Agreement. 1. Progress payments shall be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with this Agreement. a. 95 percent of the value of the Work completed (with the balance being retainage). b. Retainage shall be releases as outline in Paragraph 7-20.13 of the Supplemental Conditions 2. Contractor will declare a management option of the statutory percentage on Exhibit A. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. ARTICLE 7—CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following documents: 1. This Agreement. 2. Addenda (numbers 1 to 4 inclusive). 2. Bonds: AGREEMENT 005100 - 3 a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. Conditions: a. General Conditions. b. Supplementary Conditions. 4. Drawings (not attached but incorporated by reference) for the: Phase 2 — Membrane Bioreactor Wastewater Treatment Plant for Port Hadlock UGA. 5. Exhibits to this Agreement (enumerated as follows): a. Exhibit A - Management Option of the Statutory Percentage b. Exhibit B - Contractor's Bid Forms 6. Specifications as listed in the table of contents of the project manual (copy of list attached). 7. The following documents which may be delivered or issued on or after the Effective Date of this Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in this Agreement. E. Contractor shall perform any alteration in or addition to the Work provided in this Agreement and every part thereof. ARTICLE S—INDEMNIFICATION, INSURANCE, OTHER TERMS 8.01 Indemnification A. Contractor shall defend, indemnify and hold the County, its officers, officials, employees, agents, and volunteers (and their marital communities) harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of our resulting from the acts, error or omissions of Contractor's in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the County, its officers, officials, employee, agents and volunteers (and their marital AGREEMENT 005100 - 4 communities) Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of Contractor's negligence. C. Claims against the County shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. D. Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engages in the performance of any Work or service required of Contractor under this Agreement and, solely for the purpose of this indemnification and defense, Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. E. The provision of this section shall survive the expiration or termination of this Agreement 8.02 Insurance A. Prior to commencing Work, Contractor shall obtain at its own cost and expense insurance required in Section 6.02 Insurance -General Provisions of the Supplemental Conditions. 8.03 Other terms A. Contractor's relation to the County shall be at all times as an independent Contractor, and noting herein contained shall be construed to create a relationship of employer -employee or master -servant, and any and all employees of Contractor or other persons engaged in the performance of any Work or services required of Contractor under this Agreement shall be considered employees of Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of Contractor. B. Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representatives. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. AGREEMENT 005100 - 5 IN WITNESS WHEREOF, Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and I the name of said County of Jefferson the day and year first above written. JEFFERSON COUNTY WASHINGTON CONTRACTOR Board of County Commissioners Jefferson County, Washington By: Greg Brotherton, Chair Date By: Kate Dean, Commissioner Date By: Heidi Eisenhour, Commissioner Date SEAL: ATTEST: Carolyn Galloway, CMC Date Clerk of the Board Approved as to form only: November 6, 2023 Philip C. Hunsucker, Date Zein;ders, Prosecuting Attorney E., Date Public Works Director/County Engineer �/, Z- 6 By. r ii�rr' Signature`��,..� VU •r • .�, to a Name: Eben Twaddle AL ¢ _ s Title: President k1111,s1`G``,',��r` Date: _ Jannu ry4, 2024 w AGREEMENT 005100 - 6 SECTION 006100 - PERFORMANCE BOND Bond No. 107939031 Contractor Surety Name: Interwest Construction, Inc. Name: Address (principal place of business): Travelers Casualty and Surety Company of America 609 North Hill Blvd. Address (principal place of business): Burlington, WA 98233 1501 4th Ave., Suite 1000 Seattle, WA 98101 Owner Contract Name: Jefferson County Public Works Description (name and location): Mailing address (principal place of business): Phase 2 — Water Reclamation Plant for Port Hadlock 623 Sheridan Street UGA Port Townsend, WA 98368 236 Lopeman Rd. Port Hadlock, WA 98339 Contract Price: $10,020,835.00 Effective Date of Contract: Bond Bond Amount: $10,020.835.00 DateofBond: January 4, 2024 (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: N None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety Interwest Construction. Inc_ Travelers Casualty and Surety Company of America (Full formal nponpr of (Signature) ® o" (Printed or typed) (] Presdent 41N (Signature) Name: Nichaela Smith (Printed or typed) Title: Contracts Assistant PERFORMANCE BOND (Full fo�!rm4f. all name o By: seal) (Signature)(Attach Power of Attorney) Name: Theresa A. Lamb (Printed or typed) Title: Attorney -in -Fact Attest: ,1Vlad, (Signature) Name: Jim S. Kuich (Printed or typed) Title: Witness 006100 - 1 Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 1. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 2. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond will arise after: 2.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner's right, if any, subsequently to declare a Contractor Default; 2.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 2.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 3. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: PERFORMANCE BOND 006100 - 2 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 6. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 6.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 6.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 8. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 10. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 11. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 13. Definitions PERFORMANCE BOND 006100 - 3 13.1. Balance of the Contract Price —The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 13.2. Construction Contract —The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 13.3. Contractor Default —Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 13.4. Owner Default —Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 13.5. Contract Documents —All the documents that comprise the agreement between the Owner and Contractor. 14. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 15. Modifications to this Bond are as follows: None PERFORMANCE BOND 006100 - 4 SECTION 006200 - PAYMENT BOND Bond No. 107939031 Contractor Surety Name: Interwest Construction, Inc. Name:Travelers Casualty and Surety Company of America Address (principal place of business): Address (principal place of business): 609 North Hill Blvd. 1501 4th Ave., Suite 1000 Burlington, WA 98233 Seattle, WA 98101 Owner Contract Name: Jefferson County Public Works Description (name and location): Mailing address (principal place ofbusiness): Phase 2 — Water Reclamation Plant for Port 623 Sheridan Street Hadlock UGA Port Townsend, WA 98368 236 Lopeman Rd. Port Hadlock, WA 98339 Contract Price: $10,020,835.00 Effective Date of Contract: Bond Bond Amount: $10,020.835.00 DateofBond: January 4, 2024 (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: IN None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or re resentative. Contractor as Principal Surety Interwest Construction, Inc. Travelers Casualty and Surety Company of America (l�trll foZlfc�onxfor)name (cull for►nal nre of Surety) (co►pot -ate sea! By r By: ��ti�tts�i+it (Signature) Tt (Signature)(Attach Power of Attorney) •� DAMNto,, Eben Twaddle Name: Theresa A. Lamb r►►' (Printed or typed) � f�� i (Printed or typed) aitk:m President Title: Attorney -in -Fact ALS ' , str Attest: �� (Signature) (Signature) " Michaela Smith Name: Jim S. Kuich (Printed or typed) (Printed or typed) Title: Contracts Assistant Title: Witness Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. PAYMENT BOND 006200 - 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 1. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 2. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 3. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 4. The Surety's obligations to a Claimant under this Bond will arise after the following: 4.1. Claimants who do not have a direct contract with the Contractor 4.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 4.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 4.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 5. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 6. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 6.2. Pay or arrange for payment of any undisputed amounts. 6.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. PAYMENT BOND 006200 - 2 7. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1. Claim —A written statement by the Claimant including at a minimum: 15.1.1. The name of the Claimant; 15.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 15.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 15.1.4. A brief description of the labor, materials, or equipment furnished; 15.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; PAYMENT BOND 006200 - 3 15.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 15.1.7. The total amount of previous payments received by the Claimant; and 15.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 15.2. Claimant —An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.3. Construction Contract —The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 15.4. Owner Default —Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 15.5. Contract Documents All the documents that comprise the agreement between the Owner and Contractor. 16. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 17. Modifications to this Bond are as follows: None PAYMENT BOND 006200 - 4 Travelers Casualty and Surety Company of America TRAVELERS Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Heather L. Allen, Dana Brown, Emma C. Doleshel, Jim W. Doyle, Natalie C. Chau, Chad M. Epple, Jim S. Kutch, Theresa A. Lamb, Maxwell Martin, Michael A. Murphy, Andy D. Prill, S. M. Scott, and Steve Wagner of Bothell, Washington, their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21 st day of April, 2021, suiLr' 1- F ........._ r a* _... r ARTFORDI;� 5 � [ �{ CONN. i hLlfllFJRp t State of Connecticut By: City of Hartford ss. Robert Raney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 +LS�S►P H�ti, �/�rr�� J(� NOTA7N * r it a Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this Lit"'day ofl'oftkcLei� ZC)2,(4 . ��"�+F7 HAR FO M RACONN ,1K; 2.(IiAFTrKO. s �iewamn CONN. '�� CONN, �� ; + " f • ��" dA Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. EXHIBIT A CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until (30) days following final acceptance of the Work. Date Signed B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subject to withdrawal until after final acceptance of the Work. Date Signed C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. I hereby designate funds. as the repository for the escrow of said I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The owner shall not be liable in any way of any costs or fees in connection therewith. Date Signed D. I hereby elect to provide a Retainage Bond in accordance with R.C.W. 60.28.011. Date January 4, 2024 Signed AGREEMENT 005100 - 7 RETAINAGE BOND Bond No. 107939032 KNOW ALL MEN BY THESE PRESENTS, that Interwest n rUgign. Ing, , as Principal authorized to do business in the State of Washington and Tr f as Surety, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto Jefferson County Public works as Obligee in the penal sum of Four Hundred Fif%-nine Thousand Two Hundred Fifty And Noll OQ Dollars ($459,250.00 ), which is 5% of the Principal's bid. WHEREAS, on the day of Principal, herein, executed a contract with the Obligee, for Phase 2 - Water Reclamation Plant for Port Hadlock UGA , 20 , the said WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained fund AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trus fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this _ _ 4t:h day of . ,7a n u a r4z 9 n 9 a. Attorney -in -Fact Theresa A. Lamb Name and Address of Local Agent P.O. Box 3018, Bothell, WA 98041-3018 Interwest Construction, Inc By: car--- Eben Twaddle,, President Principal :, �••""""'r s� i `JT colrarRG',►,►�+ ��* �,•a, lolltill, C�►4. + r m% A�f Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS.! St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Heather L. Allen, Dana Brown, Emma C. Doleshel, Jim W. Doyle, Natalie C. Chau, Chad M. Epple, Jim S. Kuich, Theresa A. Lamb, Maxwell Martin, Michael A. Murphy, Andy D. Prill, S. M. Scott, and Steve Wagner of Bothell, Washington, their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. rH arynr �H� �ylrf 4i Rf HAOFORD;; C ONN. CLµIN. n � r i�� State of Connecticut By; City of Hartford ss. aoberl:XVIRaney, Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 wolAw i * /, /mu 494 puk+0 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this y+h day of 3-0xk u ,r zozH. i�HARTF„O,R�D3; i R, CON� P � :C7�YDKR►�[ rs k Kevin E. Hughesr, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. IN 1 tGUN-15 1 AGQR09 CERTIFICATE OF LIABILITY INSURANCE DAT11212 DIYYYY) !2l2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hub International Northwest LLC PHLn PO Box 3018 IA/ Bothell, WA 98041 E' INSURED Interwest Construction Inc. 609 North Hill Blvd Burlington, WA 98233 F: 489-4500 1 JrN, No):(425) 485-8489 D0hubinternational.com The Travelers Indemnity Company of America The Travelers Indemnity Company of Connecticut Travelers ProDertv Casualtv Comaanv of America irnVl`RAr.FC rPI*TIFIf'ATR MIIMRi~p- am/IRInpi MIIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR X X I IDTC07NO65015TIA23 I 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDREMISES [Ea =urNncipl $ 300,000 MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1'000'660 _ L AGGREGATE LIMIT APPLIES PER: POLICY M JECT LOC ormm GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 WASHINGTON STOP 11000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NNpO7��,��pp� i�pp AUTOS ONLY ALITOSONLY X X I3106P73016A2326G '7/1/2023 7/1/2024 COM BINED SINGLE LIMIT (Ea acdderM $ 1,000,000 BODILY INJURY (Perperson) $ BODILY INJURY Per accident $ PReOaPE�R e t AMAGE F $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X CUP7NO837522326 7/1/2023 7/1/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE 10,000, 000 DED X RETENTION$ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS beJow N I A DTC07N065015TIA23 7/1/2023 7/1/2024 SPERTUTZ I X OTH- TER E.L. EACH ACCIDENT 1,000,000 E-L. DISEASE - EA EMPLOYE $ 1,000,000 EL. DISEASE- POLICY LIMIT 1,000,000 $ p Pollution X X ,ZCE-16P55245-23-SK 7/1/2023 7/1/2024 OCC/AGG: 5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schodnte, mmy be attached if more space is mquirod) RE: ICI Job 91442, Water Reclamation Plant, 1442 Phase 2 — Mennhrane Bioreactor Wastewater Treatment Plant for Port Hadlock UG Jefferson County Public Works, Owner and Engineer, and any individualsor entities include coverage for the respective officers, directors, members, partners, employees, and consultants are included as an additional insureds, Coverage is Primary and non-contributory and Waiver of Subrogation applies per the attached forms/endorsements. Per Project Aggregate applies to General Liability policy, per attached forms/endorsements. Jefferson County Public Works 623 Sheridan St Port Townsend, WA 98368 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &(.',/0- fj°4-- ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD _ 1 AC"R" AGENCY ]Hub International Northwest LLC AGENCY CUSTOMER ID: INTECON-15 LOC #: 0 ADDITIONAL REMARKS SCHEDULE POLICY NUMBER )EE PAGE 1 CARRIER NAIC CODE iEE PAGE 1 SEE P 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ..ACORD 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED Interwest Construction Inc. 609 North Hill Blvd Burlington, WA 98233 EFFECTIVE DATE: RRUAQVAR Page 1 of 1 Pollution Liability This Contract is registered and delivered as a Surplus Lines coverage under the insurance code of the State of Washington, Title 48 RCW. It is not protected by any Washington State Guaranty Association Law ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD t J m J J LU w z w U' u U w O u I m J QJ w z w 0 J u C w 0 O £g Nz a11 E. ,c.Y '�° voi 5 �o � m N 1.E:r c m u C a t N U3 u v m OL:r `i .L�� °° v o°cfN o 9 Et� vg . u yti a a21 '^=L v L a Eyfay,�j v�l cpNr� ua UC J 'N c5a ICO 6 a a .4 L y2 ffi IN E C Cy E C N 3 ¢N yQ�� y O q 3 �(31 N SU a s U 32 L 4 E m! - 2U`i NO S V N EN$ 10� �E£E mEg?c $$3��8i$�Lv us E3 z o ,-v� w vL� nE N M Q raj $£ 2 8 ° fig ° � �y��•- t N C. yW� u N = Ol !� V Qa� O u? mE .rs -2 .49 O •= U�U1 _ C �jEp ry 9 pU� .r ail N 8 3.2 M. N �E v. � °pZ g u°$mLEm C�GGNm, FaF Ncc p m C w .. �. m 0 m O y$ a$ Y pp U 4 S v c'a Z5 � o E E $ va o w°•� ma` �o �m � o AR a t m u gF o $.ova .2 an 3 £ a IL � N && y! � u J J LL LL w W a u W a' W w J IL u J a W W a a 2 u F 2 W 2 W O C W w 19 o o� Q° w° ` Bi m ao• $v�- ¢Um � � �m `QQ yPlu<a(7 U�1$g$� � °N'�$.2 m''E$:R p1 H pg� O N N 3 S c J o '5 9 c 8 9t 7 ,� In u I uEr�i�UJ�'L^Ny03� gym$ m 4��$vb��n. N �E .E Q 6aavLq`w n 40.r3 " urn�� LEu c o « E usw o a $ o M. cc UaNQ Z $° 'o �po^oIEao anuav 7MC:f m'i $ 08 « m1C•«S0 $Cc p U E U.� U z �-!:-: EL12U pC c`0 Mb cL 9-6 �`L_ v00. V c vo2 FTN aa E V1 N N U a E C a 0 �Q =awl€EupiE � OQ¢¢a (%� Z $; 6 9R '�L^�z. o�y�oo 'k�i aT '�d�'m$$ �av� Z W O L, v`w �i°�E $$L^E u O Eb N�a �E �L,I ..�$ $v$ EU LO OUO - .O_coc_omy- �a U amy.. 9� c mmF Vm too E f p O$ O-2J N WO2N 41 S�o,u Sac o mL s�U1. u c0 C. $'' �zc a nLU `omo°`16 .uL—madU atfAM o`o(no W $t�0.T WV N N�ap o� °W-o n c¢W�E&Mu i L F? Q N L T N d 0 0 u U 3 Policy 4DTC07N06501519A23 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is nor covered Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy The words "we', "us" and "our" refer to the company providing (his insurance The wad "insured" means any person or organization qualifying as such under Section 11 — Who Is An Insured Other words and phrases that appear in quotation marks have special meaning Refer to Section V — Defindons SECTION I —COVERAGES COVERAGE A —BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay Ihose sums that the insured becomes legally obligated to pay as damages because of "bodily injuy or "properly damage" to which this insurance applies. We will have the right and duly to defend the insured against any "suit" seeking those damages However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury' or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts a services is covered unless explicitly provided for under Supplementary Payments b. This insurance applies to "bodily injury' and "property damage" only if: (1) The "bodily injury' or "property damage" is caused by an 'occurrence' that lakes place in the"coverage territory"; (2) The "bodily injury' or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1" of Section 11 — Who Is An Insured and no "employee' authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury' a "property damage' had occurred, n whole or in part If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury' or "property damage" occurred. then any continuation, change or resumption of such "bodily injury' or "property, damage' during or after the policy period will be deemed to have been known prior to the policy period "Bodily injury' or "property damage' which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured a any "employee" authorized by you to give or receive notice of an "occurrence' or claim includes any continuation, change or resumption of Thal "bodily injury or "property damage" after the end of the policy period, "Bodily injury' or "property damage" will be deemed to have been known to have occurred 11 tho eaml tires when any :lured Hied under Paragraph 1. of Section II — Who Is An Insured « any "employee' authorized by you to give receive notice of an "occurrence" or claim IX (1) Repots all, or any part, of the "bodily injury' a "property damage' to us or any other insurer: (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' a "property damage'; or (3) Becomes aware by any other means that "bodily injury' a "property damage" has occurred «has begun to occur. CG T1 00 0219 0 W17 The Travelers rMemrily Company. All righo mz ,x1 Page 1 of 21 1sdu0 e,04edam" dInsurarce services cox, Inc. wnh IN permission COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injur include damages claimed by arty person a organization for care, loss of services or death resulting at any lime from the "bodily injury'. 2. Exclusions This insurance does not apply [a a. Expected Or Intended Injury "Bodily injuy' or"property damage" expected a intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property, In. Contractual Liability "Bodily injury' or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract a agreement. This exclusion does not apply to liability la damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contracP, provided that the "badly injury or "property damage" occurs subsequent to the meculion of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "bodily injury or "property damage", provided that: (a) Liability to such party for. or for the cost of, (hat padys defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil a alternative dispute resolution proceeding in which damages to which this insurance applies are alleged, c. Liquor Liability "Bodily injury' or "property damage" for which any insured may be Held liable by reason of: (1) Causing a contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol: or (3) Any statute, ordinance or tegulalion relating to the sale, gill, distributolon or use of alcoholic beverages This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such aedvty. is not by itself emvdeitd the bini ast of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or employment compensation law or any similar Ian e. Employer's Liability "Bodily injury' lo: (1) An "employee" of the insured arising out of and in the course of: fN Empbrnenl by rile 6nur4d:m (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above This exclusion applies whether the insured may be fable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This eakoon dues not apply to liability assumed by the insured order an "insured contract". I. Pollution (1) "Bodily injury' or "property damage' arising out of the actual, alleged or Ihreatened discharge, dispersal, seepage, migration, release a escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to; (1) "Bodily injury if sustained within a building and caused by smoke, fumes. vapor or soot produced by a originating from equipment that used to heal, cod or dehumidify the building, or produced by or originating from equipment that is used to heat water for personal use by the buildings occupants or their guests; (II) "Bodily injury' or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that addlional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (III) "Bodily injury' or "property damage" ansing out of heal, smoke or fumes from a "hostile fire"; (b) At or from any premises, site a location which is or was at any time used by a for any insured a others fa the handling, storage, disposal, processing or treatment of waste; (c) If such "pollutants" are or were at any time transported, handed, stored, treated. disposed of. or processed as waste by or for: (1) Any insured; or (10 Any person or organization for whom you may be legally responsible: (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly a indirectly on any insured's behalf are performing operations if the "pollutants" are brought on a to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (1) "Bodily injury' or "property damage' arising out of the escape of fuels, lubricants orother operating fluids which are needed COMMERCIAL GENERAL LIABILITY to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury' or "property damage' arises rut of the intentional discharge, dispersal release of the fuels, lubricants or other operating fluids, or'If such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (if) "Bodily injury' or "property damage" sustainedwithin a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (III) "Bodily injury' or "property damage' arising out of heal, smoke or fumes from a "hostile fire": or (e) At or from any premises, site or location on which any insured a any conYaClprs or whvnl/KWS •rOdl'Yrg directly or indirectlyon any "urcdx behalf are or we re at any time performing operations to lest for, monitor, clean up, remove, contain, treat, detoxiy or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory a regulatory requirement that any insured r others lest for, monitor. clean up, remove, contain. beat deloxiy or neutralize, or in any way respond to, or assess the effects of, "pollutants": a CG T1 00 0219 02017 The Traveers hdemnny Company All rights reserved Page 3 of 21 IrKludes copyrgNM material of lnswarrce services Olfic;Inc wish tls izsion COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any governmental aulhaily or any other person or organization because of testing for, monitoring, cleaning up, removing. containing, treating, detoxifying or neutralizing, a in any way responding to, or assessing the effects of. "pollutants". g. Alrcrafk Auto Or Watercraft "Bodily injury' or "property damage' arising out of the ownership, mainlenance, use or entrustment to others of ary aircraft, "auto' or watercraft awned or operated by or rented or loaned to any insured. Use includes operation and "loading «unloading". This exclusion applies even 9 the claims against any insured allege negligence « other wrongdoing in the supervision, hiring, employment, training «mania«ing of others by that insured, it the "occurrence which caused the "bodily injuy' or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft "auto" or watercraft that is owned or operated by or reirw a lurwyd to ery round This exclusion does not apply La. (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not oven Thal is: (a) 50 feet long or less; and (b) Not being used to carry any person or property for a charge: (3) Parking an "auto' on, or on the ways next to, premises you awn or rent. provided the "auto" is not awned by or rented or loaned to you a the insured: (4) LiaaApr assrarxd under any "insured contract" far the ownership, maintenance or use of aircraft a watercraft; (5) "Bodily injury' or "property damage" arising out or: (a) The operation or machinery or equipment that is attached In, a pad or, a land vehicle that would qualify as "mobile equipment" under the definition of "mobile equipment" rf such land vehicle w not subject to a compulsoryorfinancial responsibility law, air other motor vehicle insurance law, where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f,(2) or L(3) of the definition of "mobile equipment", a (6) An aircraft that is: (a) Chartered with a pilot to any insured; (b) Notownedbyaryimured;and (c) Not being used to carry any person or propedy for a charge. h. Mobile Equipment "Bodily injury' or "property damage" arising out or: (1) The transportation of "mobile equipment" by an "auto" owned a operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in. or while in practice for, a while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily injury' or "property damage" arising out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government sovereign or other authority using military personnel or other agents: or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental aulhaily in hindering or defending against any (these J. Damage To Property "Property damage" to: (1) Property you amN font, a IX6ojry, including any costs or expenses incurred by you, or any other person, organization a entity, for repair. replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, (2) Premises you sell, give away or abandon, if the "properly damage" arises out of any part of those premises; (3) Property loaned to you: (4) Personal property in the care custody or calrol of the insured; Page 2 of 21 C 2017 me Travelers mdemniy company All rights re ,xi CG T1 00 0219 Page 4 of 21 0 2011 The Tmvekrs IMemNy eampary. Al rylne aaawed CG T1 00 02 19 wades eqx� WI W malero a tn Services Office, Inc wiM its permission IrxlWes copyrgMM material of Imwance Services Office.lnc wkh ks permission (5) That particular part of real property on which you a any contractors of subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations;a (6) That particular part of any property that must be restored, repaired orreplaced because "your wale' was incorrectly performed on it Paragraphs (1). (3) and (4) of (his exclusion do not apply to "premises damage'- A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance Paragraph (2) of this exclusion does not apply g the premises are your work" and were never occupied, rented or held for rental by you Paragraphs (3), (4), (5) ant (6) of this exclusion do not apply to liability assumed under a sidetrack agreement Paragraph (5) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product' arming out of it a any part of I. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in Ihe "producls- completed operations hazard" - This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m, Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property' or property that has not been physically injured, arising out of: (1) A defect. deficiency. inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms This excl sim does not apply to the loss of use of other property arising out of sudden and COMMERCIAL GENERAL LIABILITY accidental physical injury to "your product" or "your work" after it has been put to its inlerded use n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you a others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal a disposal of: (1) "Your product"; (2) "Your work": or (3) "Impaired property"; d such product, work, or property is withdrawn raalkd from the market a from use by any persona organization because of a known or suspected defect, deficiency. inadequacy or dangerous condition in it o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury'. p, Electronic Data Damages arising out of the loss of, loss of use of, damage to. corruption of, inability to access, or inability to manipulate "electronic data" However, this exclusion does not apply to liability for damages because of "bodily injury". q. Unsolicited Communication "Bodily injury' or "property damage" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting a distributing of "unsolicited communication". r. Access Or Disclosure Of Confidential Or Pmlomal Inforrrmiion 'Bodily injury' or "property damage" arising out of any access to or disclosure of any person's a organization's confidential or personal information, s. Asbestos (1) "Bodily injury' or "property damage' arising out of the actual or alleged presence a actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos. provided that the "bodily injury' or "property damage" is caused or contributed to by the hazardous properties of asbestos CG T1 00 0219 O N17 The rravekrs --ity company AM righu reserved Page 5 .121 Itxludes copyrghletl material of Insurance S,, c Office. la w'M its permission COMMERCIAL GENERAL LIABILITY (2) "Bodily injury' or "property damage' arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and [hat are part of any claim or "suit' which also alleges arry "bodily injury' or "property damage' described In Paragraph (1) above. (3) Any loss, cost or expense arising out of any. (a) Request, demand, order or statutory or regulatory requirement [hat any insured or others test for, monitor, clean up, contain. ontain. treat, detoxify or neutralize.a in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or our behalf of any governmental authority or any other person or organization because of lesling for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, a assessing the effects of, asbestos, asbestos fibers a products containing asbestos, Employment -Related Practices "Bodily injuy' to: (1) A person arising out of any, (a) Refusal to employ that person; (b) Termination of That person's employment a (c) Employment -related practice policy, act or omise such N core 0" demotion, evaluation reassignment, discipline, failure to promote a advance, harassment, humiliation, dfieri"InNim, foal. slower. ♦Kkfiorl of the person's right of privacy. malicious prosecution or fake aoest, detention a imprisonment applied to or directed at that person, regardless of whether such practice policy, act or omission occurs, is applied Or is committed before, during Or after the lime of [hat person's employment; or (2) The spouse child, parent. brother a sister of that person as a consequence of "bodily injury' to that person at whom any of the employment -related practices described in Paragraph (a), (b), a (c) above is directed This exclusion applies whether the insured may be liable as an employer or in any other capacity and to arty obligation to share damages with or repay someone else who must pay damages because of the "bodily injuy'- Exclusions c. through n. do not apply to "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Sec(ionlll —Limits Of Insurance, COVERAGE B—PERSONAL ANDADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury' to which this insurance applies We will have [he right and duty to defend the insured against any "suit" seeking those damages However, we will have no duty to defend the insured against any suit" seeking damages for "personal and advertising injury' to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or 'suit" Ihat may resulL But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duly to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or Perform acts or services is covered unless explicitly provided for under Supplementary Payments b. This insurance applies to "personal and advertising injury' caused by an offense arising out of your business but only if the offense was canmified in the "coverage territory' during [he policy period .. Exclusions This insurance does not apply to: a. Knowing Violation Of Rlghts Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injuii This exclusion does not apply to "personal injury" caused by malicious proseculion. Ix Material Published With Knowledge Of Falsity "Personal and advertising injury' arising out of oral a written publcalion, including publication b'! e=xt mans, of maledal, g done by or at tilt dlrechbn o1 tM nrslnrW wqh krxradedge of its falsity. c. Material Published Or Used Prier To Paltry Period (1) "Personal and advertising injury' arising out of oral or written publication, including publication by electronic means, of material whose first publication look place before the beginning of the policy period; or (2) "Adverlising injuy' sing out of infringement of copyright,"title" or "slogan" I n your "advertisement' whose first infringement in your "advertisement" was committed before the beginning of [he policy period d Criminal Acts "Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured e, Contractual Liability "Personal and advertising injury' for which the surer has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the cO MlaO or aprcameN; a (2) Because of "personal injury' assumed by you in a contract or agreement that is an "insured contract', provided that an "personal injury' is caused by an offense committed subsequent to the execution of the contract or agreement Solely for the purposes of liability assumed by you in an 'insured contract', reasonable attorneys' fees and necessary liligalion expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury, provided that: (a) Liability to such party for. a for the cost of, that partys defense has also been assumed by you in the same "insure) contract'; and (b) Such attorneys' fees and litigation expenses are for defense of [hat party COMMERCIAL GENERAL LIABILITY against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged f. Breach Or Contract "Advertising injury" arising Oct. of a breach of conlracL g. Quality Or Performance Of Goods —Failure To Conform To Statements "Advertising injury' arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement'. IN. Wrong Description Of Prices "Advertising injury' arising out of the wrong description of the price of goods, products or services slated in your "advedisementr. I. Intellectual Property "Personal and advertising injury' arising out of any actual or alleged infringement or violation of arty of the following rights or laws, or any other "personal and advertising injury' alleged in any claim a suit" that also alleges any such infringement or violation: (1) Copyright; (2) Palen[: (3) Trade dress; (4) Trade name; (5) Trademark (6) Trade secret: or (7) Other intellectual properly rights a laws This exclusion does not apply to: (1) "Advertising injufy'arising out of any actual a alleged infringement or violation of another's copyright, "We" or "slogan" in your "advertisement': or (2) Any other "personal and advertising injury' alleged in any claim or suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "adverlisemenr'. J. Insureds In Media And Internet Type Businesses "Personal and advertising injury' caused by an offense committed by an insured whose business is: (1) Advertising,"broadcasting"ar publishing: CG T1 00 0219 0 2017 The Travekrs IMemmYy emnpary AN rignu reserved Page 7 of 21 Ircl capynni materialof Insurance S—k— Office la, wiN its permission COMMERCIAL GENERAL LIABILITY (2) Designing a determining content of websiue for others; or (3) An Werner search. access, content or service provider. However, this exclusion does not apply to Paragraphs a.(1l. (2) and (3) of the definition of "personal injury', Fry the purposes d Ole ca union. (1) Creating and producing correspondence written in the conduct of your business, bulletins, financial a annual reports, or newslefters about your goads, products or services will not be considered [he business of publishing; and (2) The placing of frames, borders a links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising. "broadcasting' or publishing k. Electronic Chatrooms Or Bulletin Boards "Personal and advedising injury' arising out of an electronic chalroorn a bulletin board the insured hosts or owns, or over which the imam execises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury' arising out of the unauthorized use of anoNefs name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead anothers potential customers. In. Pollution "Personal and advertising injury' arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. rk Polllatioo-RMamE Any loss, cos[ or expense arising ail of any: (1) Request demand, order or statutory or regulatory requirement that any insured or others lest for, monitor. clean up, remove, contain, [real, deludy or neutralize, or in any way respond low or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants", o War "Personal and advertising injury"arising out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering a defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these p. Unsolicited Communication "Personal and advertising injury' arising out of any actual a alleged violation of any law that restricts or prohibits the sending, transmitting a distributing of "unsolicited communication", q. Access Or Disclosure Of Confidential Or Paso" Information "Personal and advertising injury' arising out of any access to a disclosure of any person' or organda[iou's confidential or personal information r. Asbestos (1) "Personal and advertising injury' arising out of the actual a alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers a products containing asbestos, provided that the "personal and advertising injury' is caused a contributed to by the hazardous properties of asbestos (2) "Personal and advertising injury' arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including snake, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or suit" which also alleges any "personal and advertising injury described in Paragraph (1) above (3) Arry loss, cost or expense arising out of any. (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detaxity o neutralize, or in any way respond to, or Page 6 of 21 6 2017 The Travekrs IMemmly Company AM dghls reserved CG T1 00 0219 Page B of 21 0 Wn 7 The Travekrs Indemnity eanpaty. AM righu reserved CG T1 00 0219 M-0nn ,Wm eta4tla 0 Nf sam— Office, W w. its permission Itcludes colryrgM tlmaterialof Insutaaeservices Office,Ion witlr❑permission rlae(s9 do all" Of. a9mia% asionlos Fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person m organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neuhal'aing, or in any way responding to, or assessing the effects of. asbestos, asbestos fibers a products containing asbestos s. Employment -Related Practices "Personal injury' to: (1) A persm arising out of any: (a) Refusal to employ that persm; (b) Termination of that person's employment; or (c) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment discipline, failure to promote o advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or fake arrest, delentim m imprisonment applied to or directed at that persm, regardless of whether such practice policy, act or omission occurs, is applied or is mmifted before, during a after the lime of that person's employment; or (2) The spouse, child, parent, brother a sister of that person as a consequence of "personal injury' to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "personal injury'. COVERAGE C— MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below fa "bodily injury' caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or COMMERCIAL GENERAL LIABILITY (3) Because of youroperalions; provided [hat (a) The accident lakes place in the "coverage lealtory' and during the policy period; (b) The expenses are incurred and reporled to us within one year of the dale of the accideaL and (c) The injured person submits to examination, at our expense by physicians of our choice as often as we reasonably require b. We will make these payments regardless of fault These payments will not exceed the applicable limit of insurance We will pay reasonable expenses fa: (1) First aid administered at the lime of an accident; (2) Necessary medical, surgical, X-ray and denial services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will nor pay expenses for "bodily injury': a. Any Insured To any insured. except "volunteer workers". b. Hired Person To a persm hired to do work for or on behalf of any insured or a tenant of any insured c. Injury On Normally Occupied Premises To a persm injured an that par[ of premises you own a rent that the person normally occupies. d. Workers' Compensation And Similar taws To a person, whether or not an "employee" of any insured, t benefits for the "lordly injury' are payable or must be provided under a workers' compensation or disability bends law or a similar law- !. ADCeIIrs Adlrnlea To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests, f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A CG T1 00 0219 O 2017 The Travekrs lixk-4 Compatry All rights rezervetl Page 9 of 21 IMIWes capynghted mzlerial d Insurance 5erdces Offic, lac won its permizsian COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investigate or settle, or any "suiP' against an insured we defend: a. All expenses we incur. b. Up to $2,500 for the cost of bail bonds required because of accidents a traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance We do not have to furnish these bonds d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit". including actual loss of earnings up to $500 a day because of time off from work e. All court costs taxed against the insured in the suit' However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured f. Prejudgment interest awarded against the insured an that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of lime after the offer. g Aq ovitrest m Ilse hill amaui d any judgment Wait .xcrues otter entry W Ole Judgment and (xlwe our hk pad, dFe J Io pay, ee deposited io 4wi l thin pall of Ihejudgmarrl that ix Within the applicable Nit IY lm,wnce These payments will not reduce the limits of Insurance 2 If we defend an insured against a "suit' and an indemnkee of the insured is also named as a parry to the "suit', we will defend that indemnilee if an of the following conditions are met: a. The "suit' against the indemnitee seeks damages for which the insured has assumed the liability of the indemnilee in a contract or agreement that is an "insured contract': b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnilee, has also been assumed by the insured in the same "insured cmlracr': d. The allegations in the "suil" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between Ufa iVwasts of thin mixed and the.0&2NA d the indemnilee: e. The indemnilee and the insured ask us to conduct and control (he defense of that indemnftee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnilee; and I. The indemnilee: (1) Agrees In writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suiP; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnilee and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suiP; and (b) Conduct and control the defense of the indemnilee in such'suit'- So icil es the above eprdl 5 we ff L dlamml; fees incurred by us in the de enlia of Oil indemnilee. necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnilee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coveages — Coveage A — Bodily Injury And Property Damage Liability of Paragraph 2.e. of Section I — Coverages — Coverage B — Personal And Advertising Injury Liability, such payments will nor be deemed to be damages fa 'bodily injury, "property damage" or "persmal injury', and will not reduce the limits of insurance Our obligation to defend an insureds indemnilee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We haver used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses; or b. The conditions set forth above, or the terms of the agreement described in Paragraph(. above, am an longer met SECTI ON II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a- An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner, b. A partnership or joira venture, you am an insured Your members, your partners,and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured Your members are also insureds, but only with respect to [he conduct of your business. Your onagers are insureds, but only with respect to their duties as your managers, d. An organization other than a partnership, joint venture or limited liability company, your are an insured Your "executive officers" and dimclas are insureds. but miry with respect (a their duties as your officers or directors, Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured Your trustees are also insureds, but only with respect to their duties as trustees 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organizalim other than a partnership, join( venture or limited liability canpany) a your managers (if you are a limited liability company). but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, However, none of these "employees" or "volunteer workers" are insureds fa: (1) "Bodilyinjury'or"personal injury': (a) To yar, to your partners a members (t you are a partnership or joint venture), to your members If you are a limited liability compary), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, a to your other "volunteer COMMERCIAL GENERAL LIABILITY workers" while performing duties related to the conduct of your bus (b) To the spouse, child, parent, brother or sister of that co -"employee" or 'volunteer worker" as a consequence of Paragraph (1Xa) above; (c) Fa which [here is any obligation to share damages with or repay someone else who must pay damages because or the injury described in Paragraph (1)(a) or (b) above; or (d) Ad sing out of his or her providing or failing to provide professional health care services Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a). (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed 0 volunteer doctor. Any such "emplayeg" a "volunteer workers" providing or failing to provide Firs[ aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of [heir employment by you or performing duties related to the conduct of your business, (2) "Property damage" to property: (a) Owned, occupiedor used by, (b) Rented to, in the care, custody or control a[, or which physical control is being exercised for any purpose by, you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), m any member (if you are a limited liability company)- h, Any person (other than your "employee" a "volunteer worker^), or any organization, while acting as your real estate manager, c. Any persm or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property, and (2) Until your legal representative has been appanted CG Tl 00 02 19 ®2o1)Toe Travekrs lWemndy Company AE rights reserved. Page 11 of 21 ImIWes copyrighted matenal of Insurance Services Office Inc, wA Ks permission COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only with respect to duties as such That representative will have all ymr rights and duties under this Coverage Part. e. Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not awn [hat is: (1) 50 feel long or less; and (2) Not being used to carry any person or property for a charge 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liabifiy, company, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualiy as a Named Insured if there is no other similar insurance available to that organization However: a. Coverage under this provision is afforded only until the 180th day after you acquire or forth the organaalim or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage' that occurred before you acquired or famed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organaalim For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such organaalim will he deemed to be designated in the Declarations as: a. An organization, other than a partnership. joint venture or limited liability company, or b. A trust as indicated in its name or the documents that govern its structure 4. Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract a agreement to include as an additional insured on this Coverage Part is an insured. but only with respect to liabty for "bodily injury', "property damage" or "personal and advertising injury' that: a. Is "bodily injury' or "property damage' that a is "personal and advertising injury' caused by an offense that is committed, subsequent to the signing of that contract or agmonnml; and b, Arises out of the ownership, maintenance or use of that part of any premises leased to yuu The insurance provided to such premises owner, manager or lessor is subject to the following provlsrms: a. The limits of insurance provided to such premises owner, manager or lessor will he the minimum limits that you agreed to provide in the -ldiho coetint W agleer-dt. W the gents shown in the Declarations, whichever are less A The Inmeartce plodded to ouch pmrTkas owner, manager or lessor does not apply to: (1) Any "bodily injury' m "property damage" that occurs, or "personal and advedising injury' caused by an offense that is committed, after you cease to be a tenant in that premises: or (2) Structural alterations, new construction or demolitim operations performed by or on behalf of such premises owner, manager or lessa- 5. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured. but any with respect to liability for "bodily injury', "property damage", a "personal and advertising jury' that: a. Is "bodily injury' or "property damage' that occurs, or k "personal and advertising injury caused by an offense that is committed, subsequent to the signing of that contract or agreement and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation a use of equipment leased to you by such equipment lessor, The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contact or agreement, or the hrms sfWdl lo to Declarations, whichever are less, b. The insurance provided to such equipment lessor does not apply to any "bodily injury a "property damage" [hat occurs, or "personal and advertising injury' caused by an offense that is committed, after the equipment lease expues No person or organintion is an insured with respect to the conduct of any current or past partnership, joint Pagel 0 of 21 0 W12 The Tavekrs Ivee q Cmp.w At nghN reserved CG T1 00 0219 Page 12 of 21 0 2012 The Travekrs l Wemray Company. Au nghs reservee CG T1 00 0219 In IwW copyrighted material M I—. services Office, 1. with is permission WLde. ,prwyhreC mewfNN M_. � oRl h[ w is permission verdure or limited liability company that is not shown as a Named Insured in the Declarations This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section Ik- Who Is An Insured SECTION III -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b, Claims made or "suits" brought: or c. Persons or organizations malting claims or bringing "suits", 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical experees under Coverage C; b. Damages under Coverage A. except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard" and c. Damages under Coverage B 3. The Products-Compleled Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury' and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury' and "advertising injury' sustained by any one person or organization S. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury' and "property damage" arising oul of arty one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises, The Damage To Premises Rented To You Lint will be: COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Pad; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by any one person The Limits of Insurance of this Coverage Pad apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance far an additional period of less than 12 months. In that case, the additional period will be deemed part of the last prececing period for purposes of determining the Limits of Insurance SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS 1, Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a You must see to it that we are notified as soon as practicable of an "occurrencd' or an offense which may result in a claim To the extent possible, notice should include: (1) Wrw, when and where the "occurrence" or offense took place: M TIM rim and adds ii d arty ryured persons and witnesses; and (3) The nature and location of any injury or damage arising our of the "occurrence" or offense b. If a claim is made or "suit' is brought against any insured, you most: (1) Immediately record the specifics of the claim or "suit" and the dare received; and (2) Notify us as soon as practicable You must see to it that we receive written notice of the claim or "suit" as soon as practicable, c. You and any other invalved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit": CG T1 00 02 19 —1—Tr W, hdemnky Company. A96gh,s reserved Page 13 of 21 Ir,cIW es capynghtM material or Insurance services Ofrxe, kvw wM its permission COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (3) Cooperate with us in the investigation or sell emenl of the rdalln or ddeme ag6est the "soil"; and (4) Assist us, upon our request, in [he m enforceenl of any might against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voiunladly make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. The following provisions apply to Paragraph a above, but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II -Who Is An Insured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" o affertlR iL i,nomn 10 VW (r WU arc 4n individual), any of your partners or members who is an individual if you are a partnership or joint venture), any of your managers who is an individual ff you are a limited liability company), any of your "executive officers" or directors (it you are an organization other than a partnership, joint venture, or limited liability company), any of your trustees who is an indvidual (ill you are a bust) or any "employee" authorized by you to give notice of an ' occurrence" or offense. (2) If you are a partnership, pint venture, limited liability company or (rust, and none of your partners, joint venture members, managers or trustees are individuals, notice ro us of such "occurrence' or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Anyindividualwhois: (1) A partner or member of any partnership orjolnt venture; (11) A manager of any limited liability company; (Ill) An executive officer or director of any other organization; or (iv) A trustee of any trust; that is your partner, joint venture member, manager or trustee; or (b) Any employee authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "eccurrencel' or offense (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer, This applies only if you subsequently give notice to us of the "occurrence" or offense as stern a practicable after any of the persons described in Paragraph e.(1) or (2) above dill 1Ma *9 014-occiomencir or tilers , may result in sums to which the insurance provided under this Coverage Part may appy, However, if this policy includes an endorsement that provides limited coverage for "bodily injury' or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge. release or escape of "pollutants" must be reported (o us within a spectic number of days after its abrupt commencement, this Paragraph e. does not affect that requirement 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a parry or otherwise bring us into a 'suirasking for damages from an insured; or b. To sue us on [his Coverage Part unless all of is terms have been fullyco nplied with A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant of the claimant's legal representative 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a, and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through of on behalf ot: (1) Another insurance company; (1l) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph S. of Section III - Limits Of Insurance or the Non cumulation or Personal and Advertising Injury Limit provision of Paragraph 4. of Seclion III - Limits of Insurance applies because the Amendment - Nan Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy, (ill) Any risk retention group; or (iv)Any feY llClaAlKe ma11100 of 1vogim. In which case [he insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, o was insurance, that bought specifically to apply in excess of the Limits of Insurance shown in [he Declarations of this Coverage Part As used anywhere in this Coverage Part, other surer means a provider of other insurance As used it Paragraph c. below, insurer means a provider of insurance a. Primary Insurance This insurance is primary except when Paragraph b. below applies If this insurance is primary, our obligations are not affected unless any of [he other insurance is also primary. Tam, wrlr>! share wife aft Not 401af Insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent ar on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work'; COMMERCIAL GENERAL LIABILITY (if) That is insurance for "premises damage"; (Ili) If the loss anses out of the ern m4flanCf or uses 41 IlkcnML "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; IN) That is insurance available to a prem owner. manager or lessor that qualifies as an insured under Paragraph 4. of Section II - Who Is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor (hat qualifies as an insured under Paragraph S. of Section 0 - Who Il An iffiw0(L except when Paragraph d. below applies (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available (o the insured when the insured is an b0tiortal rmurod, a is any other insured that does not qualify as a reamed Insured, raider such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". Ir no other insurer defends, we will undertake to do so, but we will be enlilled to the insured's rights against all (lase other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, 0 any, that exceeds the sum of: (a) The total amount that all such other insurance wood pay for [he loss in the absence of this insurance; and (b) The total of all deductible and se0- sured amounts under all that other insurance (4) We will share the remaining less, if any, with any Ohm Insane oat Is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part CG T1 00 0219 o 2017 the Travelers IMemnay Company Au rights reaerved, Page 15 of 21 Includes cot fghteal materialof Inzwance servces Office Inc. gs permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer conldbutes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not Permit contribution by equal shares, we will —drihule by limits. Under this method. each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non contributory basis, this Insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury for which coverage is sought is caused by an offense that is committed; subsequent to the signing of [hat contract or agreement by you 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates b. Pf4ndum Tftaan In this CoxYage Part as advance premium is a deposit premum only. At the close of each audit pored we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the dale shown as the due date on the bill- If the sum of the advance and audit premiums paid for the policy period is greater than the mmed premb,% ssn ail return the e , m be 0.1 Namedlmurd c. The first Named Insured must keep records of ion IMormaesa we need for pnemwn computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree a, The statements in the Declarations are accurate and complete: b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations, The unintentioml omission of, or unintentional error in. any information provided by you which we relied upon in issuing (his policy will not prejudice your rights under this insurance However, this provision does not affect our right to collect additional Premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Pad to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought a. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us The insured must do nothing after loss to impair them At our request, the insured will bring "suit" or transfer those rights to us and help us enforce then. 9. When We Do Not Rene. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice or the non newal not less than 30 days before the expiration date If notice is mailed, proof of mailing will be sufficient Proof or -dice SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters For the purposes of this definition: a. Notices that are published 1ntude owdedd Faced - Vote 41lefnc't W m stir lie afedrvok means of communication; and b. Regarding webskes, only that part of a websi(e that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 14 of 21 n W17 Tiro Travelers Irvk—y company Ad rights 2zerved CG T1 00 0219 Page 16 of 21 O.17 The Trsveles liaemray Comparry, Al rights reserved CG T1 00 02 19 Includes copyrighed material 0 Ire—sem— Office, Inc van its pemiss Imix e, copyrighted manorial oI Its— Services Office, Inc wnh,E permission 2. "Advertising injury': a. Means injury caused by one or more of the following offenses: (1) Oral or written publication, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a persores or organization's goods, products or services, provided that the claim is made a the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; (2) Oral or written publication, including publication by electronic means, of maledal in your "advertisement' that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light; or (3) Infdngemenl of copyright, "title" or "slogan" In your "advedisennenr', provided that the claim is made or [he "suit" is brought by a person or organization that claims ownership or such copyright, "lille" or "slogan". b. Includes "bodily injury' caused by one or more of the afemes described in Paragraph a. ab ove 3. "Auld' means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery a equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law. where it is licensed a principally garaged However, "aulo" does not include "mobile equipment'. 4. "Bodily jury' means: a. Physical harm, including sickness a disease, sustained by person; or b. Mental anguish, injury or illness. or emotional distress, resulting at any time from such physical harm, sickness or disease 5. "Broadcasfing" means transmitting any audio or visual material for any purpose: a. By radio a eleaision; or COMMERCIAL GENERAL LIABILITY b. In, by or with any other electronic means of Com1lRYrlCililf� each m the kaMlY1. If OW material is part of: (1) Radio or television programming being Iransmitted: (2) Other entertainment, educattoml, flsiftKO N4 moat W ri w paVamrahg being Transmitted; or (3) AdmUlnp Irmirtioad %% h wy of such Prop'?rRri16• 6. "Coverage temluy means: a. The United Slates of America (including its lemlodes and possessions). Puerto Rico and Canada b. International waters or airspace, but only if the injury a damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All alter parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a above, but is away for a short time on your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits in the lerritcy described in Paragraph a. above, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs slated as or on. created or used on, or transmitted to or from computer software (including systems and applications software). hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment B. "Employee" includes a "leased worker". "Employee" does not include a "lemporary, worker', 9. "Executive officer' means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document CG T7 00 0219 0 2017 The Traveler IMemniy Company All righls reserved Page 17 of 21 IxIWes copyrighted malemlpl Insurance Services Office Ir,c wM itsp rrisslan COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services' means any emergency medical services for which no compensation is demanded or received 11. "Hostile fire" means a fire which becomes uncontrollable or breaks out from where it was intended to be. 12. "Impaired properly' means tangible property, other than "your produce" or "your work". That cannot be used a is less useful because: a. It incorpaales "your product' or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair. replacement, adjustment or removal of "your product' or "your work" or your fulfilling the terms of the contract m agreement- 13. "Insured contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises Thal indemnifies any person or organization for "premises damage" is not an "insured contract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or wi0 in 50 feet or a railroad; d An obligation, as required by ordnance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. Thal pad of any other contract or agreement pertaining to your business (including a indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury', "property damage" or "personal injury' to a third person or organization Tod liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph If. does not include that part of any contact or agreement: (1) That indemnifies a railroad for "bodily injury' or "property damage" arising out of construction a demolition operations, within 50 feel a any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds. tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out oF: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, Field orders, change Orders or drawings and specifications; or (b) Giving directions or instructions, or fling la gilm Irk". a Ihm is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services. including those listed in Paragraph (2) above and supervisory, inspection, architectural or engineering activities 14. "Leased worker' mews a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perfem duties related to the conduct of your business. "Leased worker' does not include a "temporary worker', 15. "Loading or unloading" means the handling of properly a. Aber it is moved from the place where it is accepted for movement into or onto an aircraft, walerc.11 or"auto": 6. W7 Lh i is it W as air aruafl w4tarCrsll or "auto"; or c. While it is being moved from an aircraft watercraft or "aulo" to the place where it is finally delivered; but "loafing or unloading' does not include the movement of property by means of a mechanical device, other than a hand track that is not attached to the aircraft. watercraft or "auto" 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and outer vehicles designed for use principally off public roads; b. Vehicles minlaired for use solely on or next to premises you own or rent; c. Vehicles that [met on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles noldescribed in Paragraph a., b., c. or d. above That are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the fallowing types: (1) Air compressors, pumps and generates, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or laver workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the Vanspelatim of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": (1) Equipment designed primarily for: (a) Sno oval; (b) Road re maintenance, but not construction or resurfacing; or (e) Street clearing; (2) Cherry pickers and similar devices mounted as maldi abilp ore auck eh&" and used to raise a lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged Such land vehicles are considered "aulc . 17. "Occurrence" means: a. An accident, including continuous or repeated exposure to substantially the same general harmful conditions; or COMMERCIAL GENERAL LIABILITY b. M act or. a woh,a cp71mi6ed kl pevlyng ex Mil&ly 10 prrhdde W ;red or "Geel$ Sams'aial so*er IO a p&wtix uNBu you as in Ibir business a occupation of providing professional health care services 14 "Personal and advertising injury means "personal injury' a "advertising injury'. 19. "Personal injury': a. Means injury, other than "advertising injury', caused by one or more of the following offenses: (1) False arrest, detention a imprisonment; (2) Malicious prosecution; (3) The wrongful evtctim from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, twidiard or Ill d. to Fwrn, denary w premises; (4) Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization a disparages a person's or organizations goods, products or services, prodded that the claim is made or the "suiN is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged: or (5) Oral or wrillen publication, including publication by electronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light b. Includes "bodily injury' caused by one or more of the offenses described in Paragraph a, above. 20. "Pollutants" mean any said, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, R'Coricg Kd w racl,4irrad, CG T1 00 02 19 02017 The Travelers lWemntly Company A. dghls,—,W Page 19 a21 ImIWes copyrgMetl material or Insuance Services OIFce la. wM n pernwou COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: a. With respect to the first paragraph of the exceptions in Exclusion J. of Section I — Coverage A — Bodily Injury And Property Damage Liability, "property damage" to any premises while rented to you for a period of seven or fewer consecutive days, including the contents of such premises; or b. With respect to the exception to Exclusions c* through n. in the last paragraph of Paragraph 2. of Section I — Coverage A — Bodily I jay And Property Damage Liability, "property damage" to any premises while railed to you for a period of e than seven consecutive days, or while temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion: (3) Lightning; (4) Smoke resulfing from Fire, explosion or lightning; or (5) Water. But "premises damage' under this Paragraph Ill does not include "property damage' to any premises caused by (1) Rupture, bursting, or operation of pressure relief devices; (2) Rupture or bursting due to expansion or swelling of the contents of any builfing or structure caused by or resulting from water; or (3) Explosion of steam boilers, steam pipes, steam engines or steam turbines, 22. "Products -completed operations h—c!": a. Includes all "bodily injury' and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work" except: (1) Products that are still in your physical Possession; or (2) Work that has not yet been completed or abandoned However, your wok" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed (b) When all of the work to be done at the job site has been completed B your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same proj.L Work that may need service, maintenance, isrection, repair or replacement, but which otherwise complete, will be treated as completed b. Does not include "bodily injury' or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by [he "loeding or unloading" of that vehicle by any insured; (2) The existence of tools, uninnalled equipment or a abandoned unused matertals; or (3) Products a operations for which the dassifcation, listed in the Declarations or in a policy Schedule, stales that products - completed operations are subject to the General Aggregate Limit, 23. "Property damage' means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur al the time of the physical injury that caused it or b. Lass of use or tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the "occurrence' that caused it For the purposes of this insurance, "electronic data" is not tangible property 24. "Slogan": a. Melds a phrase VW.11—use fw tie prpm d abrxdnp OBeaiea in their advertising b. Does not include a phrase used as, or in. the name or. (1) Any person or organization, other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organization, other than you Page 16 of 21 0 2017 The Travelers lrMemnxy Comps, M righu reserved CG T1 00 0219 Page 20 of 21 a 2017 The Traveler: In rry y company. All rights reaerved CG Tt 00 02 19 ImWdes copyrighted ni-lor I—, Services Olfica Irc suiN ils permission IrxIuJ copyrghtM material of tnsurance Servees Office, Inc with a permission 25. "Suil" means a civil proceeding in which damages because or "bodily injury', 'property damage" or "personal and advertising Irqury" to which this Insurance applies are alleged. "Suit' includes: L An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding In which such damages are claimed arld to which the insured submits with our consent. 26. "Temporary worker" means a person who Is furnished to you to substitute for a permanent 'emplWed' on leave or to meet seasonal or short- term workload condltions. 27. "Tile' means a name of a literary or ari slic work. 29. "Unsolicited communication" means any communication. In any form, that the recipient of such communication did not specifically request to receive. 29. "Volunteer worker' means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of d flm5 dateur& d by yak, ad Is nai paid a Ire salary or other compensation by you or anyone else for their work performed for you, 30. "Your product": a. Means: (1) Any goods or products, other than real property, manufachired, sold handled. distributed or disposed of by. COMMERCIAL GENERAL LIABILITY (a) You; (b) Others trading under your name; or (c) A person or organ'¢allon whose business or assets you have acquired; and (2) Contalnas (other than vehicles), materials, parts or equipment furnished in connection with such goods a products, b. Includes: (1) Warranties or representations made at any Huns with respect to the fitness, quality, durability, performance or use of 'your product°; and (2) The prodding of or failure to proilde Warnings or instructions. c. Does not Include vending machines or other prrperl�r rived to or kcoed Iv tin use of others but not sort 31. "Your work: a. Means: (1) Work or operations performed by you or on your behalf, and (2) Materials, pans or equipment furnished in connection wkh such work or operations. b. Includes: (1) Warranties or represeniations made at any time with respect to the fitness, quality. durability, performance or use of -your work"; and (2) The providing of a failure to provide warnings or Instructions. CG T1 00 02 19 o2n17 The Travelers lndemray Canpany. N nigh. reserved. Page 21 of 21 Ncluies cMdWed.—lal N I--.. Services Office, W. wit, Its permission Policy #DTC07N065015TIA23 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured —Unnamed Subsidiaries B. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability —Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern its structure. B. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION I — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY — RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: COMMERCIAL GENERAL LIABILITY a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy #8106P73016A2326G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non- contributory. CA T4 99 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc with its permission Policy e81061173016A2326G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage, However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another, endommegl to file Celierags Ppt and Ihi co+wage bmadening pm.vsons do not apply to the extent that cape is ■Azidad a Waked try such an erxlwsemkrfi. The billowing 4sft is a general cover- age description only. Limitations and exArsMns mayappy to these cavItrages. Read all the provitimis of this en- dorsement and the rest of your policy carol* to cidwirri— rights, docks, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPANSES — INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS —INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV. LOSS ERAGE— INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE — GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage, Coverage under (his provision is afforded only un- lit the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization. that is signed and executed by you before the "bodily injury' o "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11 C. EMPLOYEE HIRED AUTO L The fallowing is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of ypuni is an "insured" while operating an '4rd7 flied or rented under a ca bwl w spons is In an "employee's" with your permission, while performing duties related to the conduct of your busi- ness. 2. The fallowing replaces Paragraph b. in B,S, Other Insurance, of SECTION IV — BUSI. NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or barrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in an employee's" name, with your CA T3 53 02 15 02015 The T-1—Cod.—V company-Ag right--d Page l of Include. wpy,ight,d male,ial of Insurance servkes OM., Inc will II. pnnni—n. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or harrowed with a driver is not a covered "auto", D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire of borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL. ITY COVERAGE: (2) Up to $3.000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover, We do not have to furnish these bonds, 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request. including actual lass of earnings up to $500 a day be- cause of time off from work F. HIRED AUTO — LIMITED WORLDWIDE COV. ERAGE-INOEIll BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI. TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and Pilo- hibils the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "aulo" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and had is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households, (a) With respect to any claim made or "suit" brought outside the United Slates or America, the territories and possessions of the United Stales of America, Puerto Rica and Canada: (1) You must arrange to defend the "in. ured" against. and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (it) Neither you nor any other involved "insured" will make any settlement without our consent (III) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or suit". (iv)We will reimburse the "insured" for Cos that (he "insured" legally must pay as damages because of "bodily injury' or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your mvesliga. lion of such claims and your defense of the "insured' against any such suit", but only up to and included within the limit described in Para- graph C.. Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and cohaVe 01W kyFWallce available to the "insured' whether primary, excess, contingent or on any other basis, (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United Stales, its ter- ritories and possessions, Puerto Rico and Canada You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to Comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted w aulhwised Intufw oXalde the United Slates of America, its territories and possessions, Puerto Rico and Can- ada- We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D.. Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for covered "auto" will apply to glass damage if the glass is repaired rather than replaced H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, or SEC. TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER. AGE: We will pay up to $50 per day to a maximum of 11,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto" No deductibles apply to this Personal Property coverage. K. AIRBAGS The fallowing is added to Paragraph BA, Exclu- sions. or SECTION III — PHYSICAL DAMAGE COVERAGE: Ellclutim 1.0. doss eol epp6! to "loss" to one or more airbags in a w ared'64W you * M that In- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranly; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss", L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duly to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany): (d) An executive officer, director or insurance manager ('d you are a corporation or other or- ganiza(ton): or is) Any "employee" authorized by you to give no, Lice of the "accident" or "lass", W BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI. TIONS : S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex - Lent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 02015 The Tmvatars lndemniy Company All dghl. received Page 3 of 4 Includes wpyrlghled maind.1 or I .... nw Servkes Drone, Inc Win, As permisdon COMMERCIAL AUTO such contract- The waiver applies only to the The unintentional omission of. or unintentional Person or organization designated in such error in, any information given by you shall not contract, pgJuil ydyy rf011l uddot this insurance- How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever (his provision does not affect our right to col. The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealmen4 Misrepresentation, Or Fraud, of cancellation or non -renewal, SECTION IV — BUSINESS AUTO CONDITIONS: Page 2of4 ®2.1s TheT Inn, lndemniy Company. Alidahh reserved CA T3530215 Page 4of4 e2015 The Tmvel.l. Inaemnily Camp. ny All nghl. m.nM CA T3 53 02 15 Ind.— wpyrlghled melenal er 1—a—S—n. Once, 1. with ire pem,in,n Includes wpyrghted meledal of Inaurence Servkae Once, In. with r. perml—n