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HomeMy WebLinkAboutCONSENT Contract re Upper Hoh repair 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: April 7, 2025 Subject: Execution of Contract with Seton Construction, Inc. for Upper Hoh Road MP 9.8-9.9 Emergency Repair, Project No. 18021400 Statement of Issue: Execution of Contract with Seton Construction, Inc. for the Upper Hoh Road MP 9.8-9.9 Emergency Repair, Project No. 18021400. Analysis/Strategic Goals/Pro's Et Con's: High flows in the Hoh River in December 2024 washed out approximately 300 lineal feet of the Upper Hoh Road at milepost 9.8 to 9.9. The road was closed to the public, cutting off access to Olympic National Park, and will remain closed until repairs are completed. Public Works has secured funding for the repair, authorized through the Washington State Governor's office. This contract is for construction of the repair, including placement of rock armoring, reconstruction of the roadway, asphalt paving, concrete barrier, and site restoration. Fiscal Impact/Cost Benefit Analysis: The bid amount is $414,432.00. Construction will be funded at 100% through the Washington State Governor's office. Recommendation: Public Works recommends that the Board execute all three (3) originals of the Contract with Seton Construction, Inc. and return two (2) originals to Public Works for further processing. Department Contact: Mark Thurston, P.E., Project Manager, 385-9160. Reviewed By: 11-Z Mark McCauley,60unty Administrator Dat CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: To be determined Contract No: �O�S Contract For: Upper Hoh Road MP 9.8-9.9 Emergency Repair Term: COUNTY DEPARTMENT: waic w� Contact Person: Mark Thurston Contact Phone: 360-365-9210 Contact email: mthurston@�w slfewn.wa us AMOUNT: To be determined PROCESS: Exempt from Bid Process Revenue: Commerce Grant Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s) of Matching Funds N/A Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: F N/A:F1 -� Z lzZ S— ignature 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: ❑E N/A: A ro ignature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): /Electronically approved by Risk Management on 3/11/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 3/11/2025. Standard agreement- no PAO signature required. 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 CONSTRUCTION CONTRACT JEFFERSON COUNTY,WASHINGTON THIS CONSTRUCTION CONTRACT (the Contract) is made and entered into this day of , 20 25 ,between Jefferson County, Washington (the County), acting through the Jefferson County Board of Commissioners and the Director of Public Works and Seton Construction,Inc. (the Contractor). In consideration of the terms and conditions below and made a part of the Contract, the parties hereto covenant and agree as follows: 1. Effective Date. The Contract is effective on the day the last party signs it. 2. Notice to Proceed. The work described in the Scope of Services below shall begin not later than one days after a Notice to Proceed is issued by the County. A Notice to Proceed may be issued by the County for separate phases of the work, as described in the Scope of Services below. 3. Scope of the Work. The Contractor shall undertake and complete the following described work: This contract provides for the repair of a washout at Upper Hoh Road milepost 9.8 to 9.9. Included is furnishing and placement of 3 to 5-man rock, heavy loose riprap, select borrow, crush surfacing base course, HMA wearing surface, concrete barrier,topsoil, erosion control and planting, and other work for the total sum of Four hundred fourteen thousand four hundred thirty two dollars ($ 414,432.00 )in accordance with the terms and conditions of below. The intent of the Contract is to prescribe a complete Work. Omissions from the Contract of details of Work that are necessary to carry out the intent of the Contract shall not relieve the Contractor from performing the omitted Work. The Contractor shall provide all labor, materials, tools, equipment, transportation, supplies, and incidentals required to complete all Work for the items included in the Proposal. When the Contract specifies Work that has no Bid item, and the Work is not specified as being included with or incidental to other Bid items, an equitable adjustment will be made in accordance with Section 1-04.4 of the Standard Specifications for Road, Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation (WSDOT),unless that Work is customarily considered as incidental to other items. The complete Contract includes these parts: (1) the Contract, including all Exhibits; (2) the Contract Provisions (Special Provisions), including any standard items listed in them which are incorporated by reference, and the Standard Specifications: (3) the Bidder's completed Proposal Form, Contract Plans; (4) All Addenda; and, (5) All attachments, which may include, various certifications and affidavits, supplemental agreements, change orders, and subsurface Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 1 of 17 boring logs (if any). These parts complement each other in describing a complete Work. Any requirement in one part binds as if stated in all parts. The Contractor shall provide all Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. If there is an inconsistency in the Contract, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order (e.g., 1 presiding over 2, 3, 4, 5, and 6; 2 presiding over 3, 4, 5, and 6; and so forth): 1. Addenda; 2. Bidder's Completed Proposal; 3. The Contract terms and conditions, including Exhibit F(Additional Requirements), if any; 4. Contract Provisions(Special Provisions),including any standard items listed in them which are incorporated by reference; 5. Contract Plans; 6. Standard Specifications; 7. County's Standard Plans or Details (if any); and, 8. Standard Plans. The above eight items will be provided according to Division 1 .02.2 of the project specifications. On the Contract Plans, Working Drawings, and Standard Plans, figured dimensions shall take precedence over scaled dimensions. This order of precedence shall not apply when Work is required by one part of the Contract but omitted from another part or parts of the Contract. The Work required in one part must be furnished even if not mentioned in other parts of the Contract. If any part of the Contract requires Work that does not include a description for how the Work is to be performed, the Work shall be performed in accordance with standard trade practice(s). For purposes of the Contract, a standard trade practice is one having such regularity of observance in the trade as to justify an expectation that it will be observed by the Contractor in doing the Work. In case of ambiguities or disputes over interpreting the Contract, the Engineer's decision will be final as provided in Section 1-05.1 of the Standard Specifications for Road, Bridge and Municipal Construction, 20 25 edition, as issued by the Washington State Department of Transportation (WSDOT). Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 2 of 17 The 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 required in the Contract and every part thereof. The Contractor shall perform any alteration in or addition to the work provided in the Contract and every part thereof. 4. Asreement to Full Performance. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Insurance Coverages Required. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in Washington State with a current A.M. Best rating of no less than A: a. Workers Compensation Insurance. The Contractor shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of the Contract and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all state and federal laws. This coverage shall extend to any subcontractor without their own worker's compensation and employer's liability insurance. b. Commercial General Liability Insurance. The Contractor shall maintain Commercial General Liability Insurance with a minimum limit per occurrence of two million dollars ($2,000,000) a general aggregate of not less than three million dollars ($3,000,000) for bodily injury, death and property damage, three million dollars ($3,000,000) for Products & Completed Operations Aggregate, two million dollars ($2,000,000) for Personal & Advertising Injury each offence, and two million dollars ($2,000,000) for Stop Gap / Employers Liability each accident. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: i. Broad Form Property Damage with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability including completed operations (contractors only); iv. Premises - Operations Liability (M&C); v. Independent Contractors and Subcontractors; and vi. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 3 of 17 The Contractor shall maintain coverage arising out of the Contractor's completed operations for at least three years following completion of the work described in the Scope of Services. c. Automobile Liability Insurance. The Contractor shall maintain a policy of Automobile Liability Insurance with a minimum limit per occurrence of$1,000,000 for bodily injury and property damage, unless otherwise specified in the Special Provisions. This insurance shall contain the following coverage: i. Owned automobiles; ii. Hired automobiles; and, iii. Non-owned automobiles. The County shall be named as an additional insured party under this policy. 6. Requirements Applicable to All Insurance Policies. a. The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed.The County reserves the right to approve or reject the insurance provided, based upon the insurer's financial condition. b. The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension,reduction or material change in the policy,notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. c. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due the Contractor. d. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. e. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the Contract by the County.At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. f. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. g. Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 4 of 17 requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. h. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. i. Judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. j. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. k. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Chapter 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with the Contract. 1. If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name)but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of the Contract. m. The County may, upon the Contractor's failure to comply with all provisions of the Contract relating to insurance,withhold payment or compensation that would otherwise be due to the Contractor. n. Section 5 (Insurance Coverages Required) and this Section shall survive the expiration or termination of the Contract. 7. Compliance with Laws. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under the Contract. The Contract shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. 8. Indemnity. The 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 or resulting from the acts, errors or omissions of the Contractor in performance of the Contract, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that the Contract is subject to RCW 4.24.115, then, in the event of Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 5 of 17 liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Claims against the County for which indemnity is provided include, but are not limited to claims 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. This section shall survive the expiration or termination of the Contract. 9. Contractor's Assumption of the Liability of its Employees. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under the Contract and,solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. If the County incurs any costs to enforce this subsection, all cost and fees shall be recoverable from the Contractor. This section shall survive the expiration or termination of the Contract. 10. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of the Contract shall be submitted in writing within 10 days to County Risk Manager, whose decision in the matter shall be final,but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under the Contract,each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. The provisions of this section shall survive the expiration or termination of the Contract. 11. Independent Contractor. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under the Contract shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 12. Contract Bond or Statutory Retained Percentage. The County, at its option, may demand that the Contractor deliver to the County an executed Contract Bond as security for the faithful performance of the Contract and for payment of all obligations of the Contractor. For contracts of$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract Bond; the County shall withhold 10%of the contract amount in accordance with RCW 39.08.010. If Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 6 of 17 applicable,the Contractor shall indicate this option on Exhibit D. The Contractor shall declare a management option of the statutory retained percentage on Exhibit E. 13.No Oral Waiver. No term or provision of the Contract will be considered waived by either party, and no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 14. Severability. Provided it does not result in a material change in the terms of the Contract, if any provision of the Contract or the application of the Contract to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Contract and the application the Contract shall not be affected and shall be enforceable to the fullest extent permitted by law. 15. Survival. Those provisions of the Contract that by their sense and purpose should survive the term of the Contract shall survive the term of the Contract. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of the Contract include: (a) controlling law; (b) insurance; and, (c)indemnification. 16. Subcontracting Requirements. Contractor is responsible for meeting all terms and conditions of the Contract including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of the Contract. Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of the Contract. Contractor must provide every subcontractor's written agreement to follow every term of the Contract before the subcontractor can perform any services under the Contract. The Public Works Director or their designee must approve any proposed subcontractors in writing. Any dispute arising between Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of County and without detrimental impact on Contractor's performance required by the Contract. 17. Covenant Against Contingent Fees. Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure the Contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of the Contract. For breach or violation of this warranty, County shall have the right to annul the Contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 18. Public Records Act. Notwithstanding the provisions of the Contract to the contrary, to the extent any record, including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, Contractor agrees to maintain all records constituting public records and to produce or assist County in producing such records, within the time frames and parameters set forth in state law.Contractor further agrees that upon receipt Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 7 of 17 of any written public record request,Contractor shall,within two business days,notify County by providing a copy of the request per the notice provisions of the Contract. 19.Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail,prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time.Notices to County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Notices to Contractor shall be sent to the following address: Setnn Constniction_ Inc_ 4640 S_ Disnovery Rd_ Port Townsend, WA 98368 20. Severability. Provided it does not result in a material change in the terms of the Contract, if any provision of the Contract or the application of the Contract to any person or circumstance shall be invalid, illegal, or unenforceable to any extent,the remainder of the Contract and the application the Contract shall not be affected and shall be enforceable to the fullest extent permitted by law. 21. Survival. Those provisions of the Contract that by their sense and purpose should survive the term of the Contract shall survive the term of the Contract. Without limiting the generality of the preceding sentence, and for the avoidance of doubt,the provisions that survive the term of the Contract include: (a)controlling law; (b) insurance; and, (c) indemnification. 22. Binding on Successors. Heirs and Assigns. The Contract shall be binding upon and inure to the benefit of the parties' successors in interest,heirs and assigns. 23.No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by the Contract without the express written consent of the County. 24. No Third-party Beneficiaries. The parties do not intend, and nothing in the Contract shall be construed to mean,that any provision in the Contract is to benefit any person or entity who is not a party. 25. Modification of the Contract.The Contract may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. 26. Signature in Counterparts. The Contract may be executed in one or more counterparts,each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of the Contract at different times and places by the parties shall not affect the validity of the Contract, so long as all the parties execute a counterpart of the Contract. Construction Contract Contract G Version I Approved as to Forth by PAO on:03/11/2024 Page 8 of 17 27. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 28. Arms-Len t�gotiations. The parties agree the Contract has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 29. Maintenance of Records. Each party shall maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either to perform the Contract. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to the Contract will be retained for six years after expiration of agreement.The Office of the State Auditor, federal auditors,the Jefferson County Auditor,and any persons duly authorized by the parties shall have full access and the right to examine these materials during this period. If any litigation, claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to the Contract to the other party, will remain the property of the furnishing party,unless otherwise agreed. 30. Attachments. Any document in the Contract identified as an attachment or exhibit is part of the Contract and is incorporated by reference into the Contract. 31. Reference to Sections in the Contract. Any reference to a section in the Contract is a reference to a section of the Contract, unless clearly stated to the contrary. 32. Representations and Warranties. The parties represent and warrant that: a. Each person signing the Contract is fully authorized to enter into the Contract on behalf of the party for whom signature is being made; b. Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; c. The making and performance of the Contract will violate no provision of law or of any party's articles of incorporation, charter, or by-laws; d. Each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of the Contract and that no further corporate or other internal approval is necessary; and, e. Each party has read the Contract in its entirety and know the contents of the Contract, that the terms are contractual and not merely recitals, and that they have signed the Contract, having obtained the advice of legal counsel. 33. Index of Exhibits. An index of exhibits to the Contract is below. Checking one of the boxes below means that such an exhibit is effective. Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 9 of 17 ❑X Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 0 Exhibit B: Certification of Compliance with Wage Payment Statues 0 Exhibit C: Contract Bond, Jefferson County, Washington Exhibit D: Contractor's Declaration of Option for Contracts for Less Than $150,000 0 Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Exhibit F: Additional Requirements (SIGNATURES FOLLOW ON THE NEXT PAGE) Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 10 of 17 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written,and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. tt Executed by the Contractor tI7��t '�$- , 20 2� Contractor: Seton Construction,Inc. (Please print) (Please print) '4A-�r'—X ?4/ (Signature) S F 7-ON G-r 2(o50^ State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Heather Dudley-Nollette, District 1 Date Heidi Eisenhour, District 2 Date Greg Brotherton, District 3 Date Approved as to form only: PRE-APPROVED CONTRACT FORM Philip C. Hunsucker Date Chief Prosecutor Mo Reinders,P.E. Date Public Works Director/County Engineer Construction Contract Contract G Version I Approved as to Form by PAO on:03/11/2024 Page l I of 17 EXHIBIT A CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY,AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief,that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a 3-year period preceding the Contract had one or more public transactions (Federal, State,or local)terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification,such Contractor shall attach an explanation. Scion Construction,Inc. Name of Contractor(Please print) Bn-RCF, 6- sf7-:;T-Z>TJ. 1-g- . - Name and Title of Authorized Representative(Please print) 2e� Ile- Signature of Authorize Represents ve I am unable to certify to the above statement. An explanation is attached. Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 12 of 17 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date , the bidder is not a"willful"violator, as defined in RCW 49.48.082, or any of the provisions of Chapters 49.46, 49.48, or 49.52 RCW as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. Seton Construction,Inc. Bidder's Business Name Signature of Authorized Officia * &,a I*_ 6 - sc� Printed Name WE i o f=,I J-r Title Pjn- -Iowl c. ,, A Da e City State Check One: Sole Proprietorship Partnership Joint Venture Corporation State of Incorporation,or if not a corporation, State where business entity was formed: If a co-partnership,give firm name under which business is transacted: * If a corporation,proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership,proposal must be executed by a partner. Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 13 of 17 Bond No. 2363957 EXHIBIT C CONTRACT BOND—JEFFERSON COUNTY,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That Seton Construction, Inc. , of Port Townsend,WA , as Principal, and Swiss Re Corporate Solutions America Insurance Comoration ,as Surety,are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal Sum of Four Hundred Fourteen Thousand Four Hundred Thirty Two and No/100 dollars($ 414,432.00 ),for the payment of which we jointly and severally bind ourselves,or heirs, executors,administrators,and assigns,and successors and assigns,firmly by these presents. The condition of this bond is such that WHEREAS, on the day of , 20 25, the said Seton Construction, Inc. , Principal herein, executed a certain contract with the County of Jefferson,by the terms,conditions and provisions of which contract the said Seton Construction,Inc. , Principal herewith, agrees to famish all materials and do certain work, to-wit: That the said Principal herein shall undertake and complete the following described work: Upper Hoh Road MP 9.8-9.9 Emergency Repair -County Project# 18021400 in Jefferson County, Washington, as per maps, plans and specifications made a part of said contract, which contract as so executed,is hereunto attached,and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length. NOW THEREFORE,if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said contract,in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said contract, upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work,and shall in all respects faithfully perform said contract according to law,then this obligation to be void, otherwise to remain in full force and effect. WITNESS our hands this 28th day of March ,2025 Seton Construction,Inc. Swiss Re Corporate Solutions America Insurance Corporation PRINCIPAL SURETY COMPANY By: Joanne Reinkensmeyer 4 : EN;-K - Attorney-in-fact Address of local office and agent of surety company: Acrisure West 19401 40th Ave W#440 Lynnwood,WA 98036 Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 14 of 17 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC") W ESTPORT INSURANCE CORPORATION("WIC") GENERALPOWEROF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City,Missouri, and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its principal office in the City ofKansas City,Missouri,each does hereby make,constitute and appoint: THOMAS P. HENTSCHELL, BRADLEY A. ROBERTS,JOANNE REINKENSMEYER, KRISTIN JACKSON DAPHNE ROBERTS, DANEILLE BRYANT,BAILEY BEACH,and YESENIA EVANS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver•f'or and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th ofNovember 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation. and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindin u n the Corporation when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ,.000 ME, w0"'its PREY"'••.. --- J' � v' Rq y `OµPOR�T� O gT6` s Byo r r VicePrc»dent S E A L :m S E A L f WIC 1973 �: '-v; 0 ` a ••ass;�!!sso� tick': `•= •4�sSOO�`, By • "• 5,.*n;.'•`�`,`, ,'•• 5••*•• o�� C. Arqua,Senior ViceP tofSRCSAI Vire Pre4deot of SRCSPIC 6 Senior ideut of wIC IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 13TH day of MARCH 20 25 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook Westport Insurance Corporation On this 13TH day of MARCH 20 25,before me,a Notary Public personally appeared David Salon ,Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gabriel Jacguez, Senior Vice President of SRCSAIC and Senior Vice President of SPCSPIC and Senior Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrum t to be the voluntary act and deed of their respective companies. Karen zweda,Notary 1,Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary ofSRCS IC and SRCSPIC and WIC,do hereby certifi,that the above and foregoing is a true and correct copy of a Power of Attomey given by said SRCSAIC and SRCSPIC and WIC,which is still in full force and effect. IN WITNESS WHEREOF,1 have set my hand and affixed the seals of the Companies this lath day of March .20 25 OFFICIAL SEAL KAREN M SZWEDA L NOWY Public,State of Illetois Jeffrey Goldberg,Senior Vice President& Commission No 978628 Assistant Secretary of SRCSAIC and MyCwmifionERpiresSeptenow26.2027 SRCSPIC and WIC EXHIBIT E CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of the Contract held in a fund by the County until (30) days following final acceptance of the work. Date Signed B. I hereby elect to have the County deposit the retained percentage of the 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 County invest the retained percentage of the Contract from time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. 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 County shall not be liable in any way for any costs or fees in connection therewith. Date Signed D. I hereby elect to provide a Retainage Bond in accordance with RCW 60.28.011. Date Z$� Signed Construction Contract Contract G Version 1 Approved as to Form by PAO on:03/11/2024 Page 16 of 17 RELEASE OF RETAINAGE BOND Bond No. 2363958 KNOW ALL BY THESE PRESENTS,That we Seton Construction, Inc. as Principal, and Swiss Re Corporate Solutions America Insurance Corporation a Corporation of the State of Missouri , lawfully doing business in the State of Washington , as Surety,are held and firmly bound unto County of Jefferson in the penal sum of Twenty Thousand Seven Hundred Twenty-one Dollars And Sixty Cents Dollars($ 20,721.60 ), for which sum well and truly to be paid said Principal and Surety bind themselves jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, Whereas:Under a contract dated between the above principal and obligee,said principal has agreed to construct Upper Hoh Road MP 9.8-9.9 Emergency Repair-County Project# 18021400 and Whereas: The said obligee has agreed to a release of retainage bond in lieu of retainage as specified under said section of the above mentioned contract,and the principal has furnished a surety bond guaranteeing the satisfactory performance of said contract in accordance with its terms, agreements,covenants and conditions on his part to be observed. Now, Therefore: The condition of this obligation is such that, if the principal shall make repayment to the Obligee, in any amount, of such released retainage, as appropriate under the terms and conditions of the contract,and shall well and truly perform and fulfill all the covenants and conditions of the aforesaid contract,then this obligation shall be null and void. It is further provided that no action shall be instituted against this bond unless commenced,and process duly served within six(6)months after the completion date specified in the contract. Signed,sealed and delivered this 28th day of March 2025 Seton Construction, Inc. Principal (Seal) By: lE;-•ppGt� S *: :i�Q?•GO lF'•�F'• Swiss Re Corporate Solutions America Insurance S E A L Corporation a. 1973 y, (Seal) ss;'"sso�a:o0 By: Joanne Reinkensmeyer, Attorney-in-Fact S-2384/GE 11/97 XDP SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC") W ESTPORT INSURANCE CORPORATION("WIC-) G EN ERALPOW EROF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City,Missouri. and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its principal office in the City ofKansas City,Missouri,each does hereby make,constitute and appoint: THOMAS P. HENTSCHELL, BRADLEY A. ROBERTS, JOANNE REINKENSMEYER, KRISTIN JACKSON DAPHNE ROBERTS, DANEILLE BRYANT,BAILEY BEACH,and YESENIA EVANS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute•seal and deliver,f'or and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th ofNovember 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding up on the Corporation when so affixed and in the future with regard to any bond,undertaking or contract ofsurety to which it is attached." r^^°�pNSAMEq° PREyN"'� - rt.. .�:40 T�:., s�°T•GO Tii` i ltiy S EAL a ' SEAL S' �^ = .,n. ; _ of SRCSPIC i Seaier Vi t of WIC `- 1973 ��ppa rairiA Jacque:,seeis vieP 1OSRCSAI Vice Prnideal of SRCSPIC&Seubr ,eeideot afwlC IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed and these presents to be signed by their authorized officers this 1.3TH day of MARCH 20 25 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ® Westport Insurance Corporation On this 13TH day of MARCH 20 25•before me, a Notary Public personally appeared David Satory ,Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gabriel Jacguez, Senior Vice President of SRCSAIC and Senior Vice President of SPCSPIC and Senior Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrum t to be the voluntary act and deed of their respective companies. Karen . zweda,Notary 1,Jeffrey Goldberg.the duly elected Senior Vice President and Assistant Secretary ofSRCS IC and SRCSPIC and WIC•do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomev given by said SRCSAIC and SRCSPIC and WIC.which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 28a'day of March .20 25 OFFICIAL SEAL KAREN M SZWEDA Notary Public.Stale of Wpgis Jeffrey�Goldbergg, C min0son No 978628 Assistant Secretary of SRCSAIC and MpCwniri ionEYpuesSeplerr*w26.202? SRCSPIC and WIC AC" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `..� 3/27/2025 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mark W Maberry Kuresman Insurance PHONo -6131 (1101192 -6187( ) No: 9307 Bay Shore Dr NW E-MAIL markm@kuresmanins.com ADDRESS: Ste 101 INSURERS AFFORDING COVERAGE NAIC III Silverdale WA 98383-8350 INSURERA:The Travelers Property Casualty Of Ame: INSURED INSURERB:The Travelers Indemn-ity Company Of COnr Seton Construction, Inc. INSURER C:Westchester Surplus Lines Ins Co. 4640 S Discovery Rd INSURERD: INSURER E: Port Townsend WA 98368 INSURERF: COVERAGES CERTIFICATE NUMBER:CL2410413624 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 A DL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IUWL WVD POLICY NUMBER MM/DD/YVVV MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ A CLAIMS-MADE FX OCCUR DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ X Y DT-CO-9SB26132-TIL-24 10/30/2024 10/30/2025 MED EXP(Any one person) $ 15,000 PERSONAL BADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: LOGGERS BROAD FORM $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X y 810-9SB22286-24-26-G 10/30/2024 10/30/2025 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident BACEE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 X DELI I I RETENTION$ 10,000 CUP-9SB64505-24-26 10/30/2024 10/30/2025 $ WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ 1,000,000 D?OFFICER/MEMBER EXCLUDE A (Mandatory in NH) DT-CO-9S826132-TIL-24 10/30/2024 10/30/2025 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $ 1,000,000 C CONTRACTORS POLLUTION G71199265 007 10/30/2024 10/30/2025 PER OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) WASHOUT UPPER HOH ROAD CERTIFICATE HOLDER IS ADDITIONAL INSURED FOR GENERAL LIABILILTY BY WRITTEN AGREEMENT PER CGD246. INSURANCE IS PRIMARY AND NON CONTRIBUTORY WITH A WAIVER OF SUBRGOATION BY WRITTEN AGREEMENT PER CGT100. WAIVER OF SUBROGATION BY WRITTEN AGREEMENT PER CGD316. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE JEFFERSON COUNTY THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN DEPARTMENT OF PUBLIC WORKS ACCORDANCE WITH THE POLICY PROVISIONS. 623 SHERIDAN STREET PORT TOWNSEND, WA 98368 AUTHORIZED REPRESENTATIVE Mark Maberry/MWM 7� h71f� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 12014C'� COMMENTS/REMARKS ADDITIONAL INSURED FOR COMPLETED OPERATIONS BY WRITTEN AGREEMENT PER CGD246. ADDITIONAL INSURED WITH RESPECTS TO AUTO LIABILITY BY WRITTEN AGREEMENT PER CAT353. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II—WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveying written contract or agreement to include as an services, including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury" caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications; and agreement is in effect; and b. If, and onlyto the extent that, such injury or (b) Supervisory, inspection, architectural or J rY engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury' or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim.To the extent possible, such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. This provision will not increase the limits of (c) The nature and location of any injury or insurance described in Section III — Limits Of damage arising out of the "occurrence" Insurance. or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 0419 ®2018 The Travelers indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit"and the date received;and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit"as soon as practicable. condition does not affect whether the insurance provided to such additional (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit', and otherwise Other Insurance, of Section IV—Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 C 2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 0419 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares,we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us;and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares,we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurers rights under this insurance. However,this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured;and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit"is brought. (1) The"bodily injury"or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs;and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them.At our request, agreement by you. the insured will bring 'suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part,we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured.The due date Proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement' means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published Include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication;and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 m 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 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 C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual liability—Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership,joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company;or SUBSIDIARIES b. A trust; The following is added to SECTION 11 —WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured if: a. You are the sole owner of, or maintain an The following is added to SECTION II— WHO IS ownership interest of more than 50% in, such AN INSURED: subsidiary on the first day of the policy period; Any govemmental entity that has issued a permit and or authorization with respect to operations b. Such subsidiary is not an insured under performed by you or on your behalf and that you similar other insurance. are required by any ordinance, law, building code or written contract or agreement to include as an No such subsidiary is an insured for"bodily injury" additional insured on this Coverage Part is an or "property damage" that occurred, or "personal insured, but only with respect to liability for"bodily and advertising injury" caused by an offense injury", "property damage" or "personal and committed: advertising injury"arising out of such operations. a. Before you maintained an ownership interest The insurance provided to such governmental of more than 50%in such subsidiary; or entity does not apply to: b. After the date, if any, during the policy period a. Any "bodily injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50%in such subsidiary. operations performed for the governmental For purposes of Paragraph 1. of Section II—Who entity; or Is An Insured, each such subsidiary will be b. Any "bodily injury" or "property damage" deemed to be designated in the Declarations as: 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 or Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the 1. The following replaces Paragraph b. of the knowledge or consent of,the insured. definition of "occurrence" in the 6. The following is added to the DEFINITIONS DEFINITIONS Section: Section: b. An act or omission committed in providing "Incidental medical services" means: or failing to provide "incidental medical services", first aid or "Good Samaritan a. Medical, surgical, dental, laboratory, x-ray services" to a person, unless you are in or nursing service or treatment, advice or the business or occupation of providing instruction, or the related furnishing of professional health care services. food or beverages; or 2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION 11 — WHO IS medical, dental, or surgical supplies or AN INSURED: appliances. Unless you are in the business or occupation 6. The following is added to Paragraph 4.b., of providing professional health care services, Excess Insurance, of SECTION IV — Paragraphs (1)(a), (b), (c) and (d) above do COMMERCIAL GENERAL LIABILITY not apply to "bodily injury" arising out of CONDITIONS: providing or failing to provide: This insurance is excess over any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess, contingent or on any other basis, that assistant, emergency medical technician is available to any of your "employees" for or paramedic; or "bodily injury" that arises out of providing or (b) First aid or "Good Samaritan services" by failing to provide "incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section Il — Who Is An volunteer doctor. Any such "employees" Insured. or"volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATION `" to provide first aid or "Good Samaritan services" during their work hours for you The following is added to Paragraph 8., Transfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV — COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS: of your business. If the insured has agreed in a contract or 3. The following replaces the last sentence of agreement to waive that insured's right of Paragraph 5. of SECTION III — LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or For the purposes of determining the organization, but only for payments we make applicable Each Occurrence Limit, all related because of: acts or omissions committed in providing or a. "Bodily injury" or "property damage" that failing to provide "incidental medical occurs; or services", first aid or "Good Samaritan services" to any one person will be deemed to b. "Personal and advertising injury" caused by be one"occurrence". 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 1 — 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_AD rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured a. Any premises while rented to you or contract' in the DEFINITIONS Section is temporarily occupied by you with permission deleted. of the owner; or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises while such The following replaces the definition of"premises premises is rented to you, if you rent such damage" in the DEFINITIONS Section: premises for a period of seven or fewer Premises damage' means"property damage" to: 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. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete, by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us, and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of. or unintentional error If any of the other insurance does not permit in, an information provided equal shares, we will contribute i y p w you which s retied contribution b y � upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance. and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured: and which covers such insured as a named insured. and we will not share with that other insurance, b. Separately to each insured against whom claim provided that is made or"suit'is brought. (1) The"bodily injury" or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs. and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed. those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit' or transfer those rights S. Premium Audit to us and help us enforce them. 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit penod we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured The due date Proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement' means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods. products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured supporters For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy,you agree. for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 2017 Pie Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.vwth its permission. 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 endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— 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 this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured. of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained in Section II LIABILITY COVERAGE: Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured. of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. In B.5., Who Is An Insured. of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization. that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire. "property damage" occurs and that is in effect rent or borrow. and during the policy period, to be named as an addi tional insured is an "insured" for Covered Autos (2) Any covered "auto" hired or rented by Liability Coverage, but only for damages to which your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved Page 1 of 4 Includes copyrighted material of Insurance Services Office. Inc with its permission COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is [eased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II— COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto"you don't own, hire or borrow "insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION ll — COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11 — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less you lease, hire, rent (c) This insurance is not a substitute for re- and that is not an "auto" y quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material or Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph 13.3.. Exciu- had you complied with the compulsory in- sions, of SECTION III -- PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the fast sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION Ill—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual): for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- a. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee" authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS : The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" pares and other personal property which is: or"loss", provided that the "accident"or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 @ 2015 The Travelers Indemnity Company.All rights reserved. Page 3 Of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 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. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this 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 cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. v" COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND 4 NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph c. in A.1., Insurance of SECTION IV — BUSINESS AUTO Who Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This Includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement, that is signed by you before the applicable other insurance under which an "bodily injury" or "property damage" occurs and additional insured person or organization is a that is in effect during the policy period, to name named insured when a written contract or as an additional insured for Covered Autos agreement with you, that is signed by you before Liability Coverage, but only for damages to which the "bodily injury" or "property damage" occurs this insurance applies and only to the extent of and that is in effect during the policy period, that this insurance to be primary and non- that person's or organization's liability for the conduct of another "insured". contributory. CA T4 99 02 16 O 2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office.Inc.with its permission