HomeMy WebLinkAboutContractCAG-21-116
3rd May
May 3, 2021
04/26/21 clb 1210 NS
approved via email from Cheryl Beyer)
THOMAS TEASDALE
PARK BASKETBALL
COURT REPLACEMENT
REQUEST FOR PROPOSAL
CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
PARKS PLANNING AND NATURAL RESOURCES DIVISION
1055 SOUTH GRADY WAY
RENTON, WASHINGTON 98057
ISSUED: April 1, 2021
ATTACHMENT A
Teasdale Basketball Court Replacement
Table of Contents
Scope of Work
Bid Form
Contract Bond Form
Contractor Qualifications
Insurance Guidelines
Insurance Standard
Wage Compliance
Non-Collusion, Anti-Trust, and Minimum Wage Form
Small Works Contract Agreement
Specifications
02200 Clearing Demolition and Site Preparation
03300 Cast-In-Place Concrete
310000 Earthwork
321216 Asphaltic Concrete and Sport Court Surfacing
Court Layout
Project Signage Layout
Thomas Teasdale Park Basketball Court Replacement
SCOPE OF WORK
Project Location:
Thomas Teasdale Park
601 South 23rd Street
Renton, WA 98055
Project Scope
Remove existing asphalt court, subgrade of court, basketball goals and footings.
All removed material to be disposed of off- site in legal manner per City of Renton
requirements.
Provide erosion control, protect all existing conditions to remain.
Provide ground stabilization from existing parking lot to existing basketball court
Install new asphalt basketball court (56’ x 80’) 3” thick.
Provide a 6” gravel compacted subgrade, 95% standard proctor
Install 12” x 6” concrete mow strip around the perimeter of the basketball court
Supply and install (2) two Bison PR55 Playground basketball Systems, per Bison Specification
BISONINC.COM.
Landscaping
Protect existing irrigation system during construction
Add topsoil and re-sod areas that are disturbed during construction. Sod should match
existing.
Repair damage to existing conditions to remain.
Basketball Court Surfacing
Install new sport court surfacing on the new asphalt basketball court per NovaPlay
specifications. Court surfacing material shall be Novaplay®, as manufactured by Nova Sports
U.S.A., 1-800-USA-NOVA, www.novasport.com , or approved equal.
Court colors should be dark blue on the court and light green in the key
Complete striping per the site plan
Project Schedule
Issue RFP: April 1, 2021
Deadline for submittals: April 15, 2021 at 2:00 PM PDT
Anticipated Date to Award Contract: May 18, 2021
Notice To Proceed (NTP): May 31, 2021
Substantial Completion Date: July 2, 2021
Final Completion Date: July 30, 2021
Thomas Teasdale Park Basketball Court Replacement
City of Renton
BID FORM
Page 1 of 2
BID FORM
Due No Later than 2:00 PM APRIL 15, 2021
CITY OF RENTON
EMAIL TO: AWYATT@RENTONWA.GOV
Replacement and removal of the existing basketball court at Thomas Teasdale Park, 601 South 23rd
Street; Renton, WA 98055
By submitting a bid, Contractor acknowledges and accepts full responsibility to complete all Work as
per Contract Documents (and in full compliance with all codes, regulations and rules that are in force
at the date stated on the Contract Documents. Contractor agrees to provide all engineering, tools,
labor, materials, equipment and all services necessary to complete all the Work and subject to all
terms and conditions per Contract Documents.
PART 1 – BID SUMMARY
The bid amount is comprised of:
a.All Work including construction of new basketball court and installation of 2 (two) basketball goals,
and removal and disposal of existing basketball court and all other work as included in this document.
1.Base Bid Amount
2.Sales Tax on Base Bid Amount (10.1%)
3.Total Amount – Base Bid and Sales Tax $
Written Total Dollar Amount (Incl. WSST): Dollars
PART 2 – OTHER
2.1 Receipt of Addenda:
Receipt of the following Addenda is acknowledged:
Addendum No:
Addendum No:
Thomas Teasdale Park Basketball Court Replacement
City of Renton
BID FORM
Page 2 of 2
2.2 Acceptance of Bid
A.The undersigned hereby agrees that this BID shall be a valid and firm offering for the
period of thirty (30) days from closing time for the "Receipt of Bids."
B.Acceptance of Bid: Within thirty (30) days after the opening of Form of Proposal, the City
will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to
reject all Bids. The City reserves the right to reject all bids. The City reserves the right to
request extensions of such Bid acceptance period.
C.The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract
to the Bidder whose Bid is under consideration for acceptance, together with a request to
furnish bonds (if required), evidence of insurance to execute the agreement set forth in
the Contract Documents, and other designated documents.
2.3 Execution of Contract
A.If written "Notice of Intent to Award Contract" is mailed, telegraphed, facsimile, or
delivered to the undersigned within the "period of Bid Validity" noted above, or any time
thereafter before this Bid is withdrawn, the undersigned will, within five (5) days after the
date of such notification, execute Contract in the form of Sample Agreement.
2.4 Prevailing Wage/Payment and Performance Bonds
A.Contractor shall pay at a minimum prevailing wages per provisions 7.A of the Agreement
B.Contractor shall provide a Payment and Performance Bond equal to 100% of of the
Contract Amount (including any selected alternates) per provisions of 7.C or 7.D of the
Agreement
2.5 Supplemental Contractor Qualifications
A.Bidder shall submit with the bid the completed Contractor Qualifications Form to
validate the required experience to be considered for responsiveness.
2.6 Subcontractor / Vendor Qualifications
A.Within 5 (five) days of receipt of Notice of Intent to Award Contract, the Bidder shall
submit the required documentation for Sport Surface Installer.
Bid Respectfully Submitted By:
Contractor Name:
Contractor Registration No:
Address:
Phone Number: ( )
Signed By:
Print Name:
Title: Date:
END OF BID FORM
CONTRACT BOND TO THE CITY OF RENTON
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned
as principal, and _____________________________________ corporation organized and
existing under the laws of the State of ________________________ as a surety corporation, and
qualified under the laws of the State of Washington to become surety upon bonds of contractors
with municipal corporations, as surety are jointly and severally held and firmly bound to the City
of Renton in the penal sum of $_______________________________ for the payment of which
sum on demand we bind ourselves and our successors, heirs, administrators or person
representatives, as the case may be.
This obligation is entered into pursuant to the statutes of the State of Washington, the Ordinance
of the City of Renton.
Dated at ______________, Washington, this ______________ day of ___________, 20___.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to Contract No. __________ providing for construction of the
the Principal has accepted, or is about to
accept, the contract, and undertake to perform the work therein provided for in the manner
and within the time set forth;
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon
the condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the
manner and within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons,
and all other persons or agents who supply labor, equipment, or materials to the Project;
Indemnifies and holds Owner, its officers, and agents harmless from and against all claims,
liabilities, causes of action, damages, and costs for such payments for labor, equipment,
and materials by satisfying all claims and demands incurred under the Contract, and
reimbursing and paying Owner all expenses that Owner may incur in making good any
default by Principal; and
Indemnifies and holds Owner harmless from all claims, liabilities, causes of action,
damages and costs, including property damages and personal injuries, resulting from any
defect appearing or developing in the material provided or workmanship performed
under the Contract.
Pays all taxes incurred on said contract under title 50 and 51 Revised Code of Washington
RCW) and all taxes imposed on the Principle under Title 82 RCW.
The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other
design professionals retained by Owner in connection with the Project.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work
to be performed under the Contract shall in any way affect Surety's obligation on the
Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or
addition to the terms of the Contract or the Work.
This Contract Bond shall be governed and construed by the laws of the State of Washington, and
venue shall be in King County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this _______ day of _________________, 20 ___.
Principal Surety
Signature Signature
Title Title
Name and address of local office of
agent and/or Surety Company:
Thomas Teasdale Park Basketball Court Replacement
City of Renton
CONTRACTOR QUALIFICATIONS
August 14, 2019
CONTRACTOR QUALIFICATIONS
Low Responsible Bidder
It is the intent of the City to award a contract to the lowest responsive and responsible Bidder. In
determining the Bidder’s responsibility, the City shall consider an overall accounting of the items listed
below.
The apparent low bidder shall submit the required information within five (5) business days of receiving
request from City. This request may be made in the form of a telephone call or email message. The
required information shall be provided on the referenced form bound herein. Failure to submit such
information to the satisfaction of the City within the time provided may render the Bidder as not
responsible.
Required Information/Criteria
For the purposes of the Supplemental Bidder Responsibility evaluation process, the scope of this project
generally involves but is not limited to the removal and replacement of an existing basketball court. All
work shall be in conformation to the Contract Documents including the Agreement, bid form, permits,
conditions and supplemental documents as issued by authorities having jurisdictions, project plans and
specifications.
1.Experience of Contractor on Projects of Similar Size and Complexity
Contractor is required to demonstrate they have successfully completed at least 7 (seven) projects of
similar type, size and complexity to this project within the last 10 (ten) years.
Similar Size and Complexity to the project means projects having these characteristics:
Scope includes, but is not limited to, the removal and replacement of one existing basketball court.
Installation of basketball goals, layout and construction of asphalt based court and application of
specified sport court surface. Work was performed as permitted by federal and state authorities
having jurisdiction.
List of Completed Projects
Using the provided Contractor Qualifications Detail form, (electronic copy available upon request),
provide a list of at least 7 (seven) similar construction projects your firm has completed within the past
10 (ten) years, giving the name of the project; name, address, contact information, contract amount;
date of completion; and role of your firm (prime or subcontractor). This information will be used to
assess Contractor qualifications to undertake the Work.
2.Experience of Key Personnel
Experience of Project Manager Submit resume and references for the proposed Project Manager.
This person shall have managed, as lead project manager, a minimum of three projects of similar
type, size and complexity to this project, and successfully completed those projects within the last ten
years.
The City may contact previous project Owners to validate the information provided by the Bidder.
END OF SECTION
General Construction for Thomas Teasdale Park Basketball Court Replacement
Contractor Qualifications Detail
Contractor shall provide with their bid all information below detailing at least 5 (five) construction projects of similar scope completed within the past
10 (ten) years within Washington, Oregon, Idaho or Alaska.
Business Contact Information
Contractor Business Name: Total years in Business:
Mailing Address: WA State Contractor Registration No:
Business Phone: Former business name(s) & Dates:
Contact Name and Title: UBI No.
Contact Phone: Contact Email: Reason for name change(s):
Project Name:Description of Work Performed:Owner Name/Address/
Contact Tel:
Date
completed:
Contract Value:Served
as
Prime
Served
as Sub
1
2
3
4
5
6
7
Insurance Guidelines for the City of Renton
The City of Renton typically requires current insurance certificates for one or more of
the following lines of coverage and minimum insurance limits:
1,000,000 per occurrence and $2,000,000 aggregate for Commercial General
Liability (CGL) or Special Event coverage. Limits may be increased for higher than
usual or special liability exposures.
1,000,000 combined single limit for Auto Liability. Required if a commercial
vehicle will be used in performance of work or delivery of products, beyond normal
commutes.
Proof of Workers’ Compensation coverage, as required by the State of Washington
provide the Washington L&I or excess coverage policy number).
Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto
liability coverage limits.
1,000,000 Professional Liability. Required if professional services (e.g. architect,
engineering, surveying, legal, or medical) are being provided to the city and if those
professional services are excluded from the CGL policy.
1,000,000 Pollution Liability – Required if work involves a pollution risk to the
environment.
1,000,000 per occurrence Aircraft Liability (including Property Damage Liability).
Required coverage only for aircraft tie-down leases.
Requirements unique to the City of Renton:
Name the City of Renton as a certificate holder and a Primary and Non-contributory
Additional Insured on the policy (Additional Insured does not apply to Professional
Liability and Workers’ Compensation).
The City shall be provided with written notice of any policy cancellation within a
minimum of two business days of receipt of such notice by the policy holder.
The city does not represent that the minimum required insurance coverage or limits
are adequate to protect the vendor/contractor/consultant from all liabilities.
Insurance certificate requirements and minimum limits can only be waived or
modified with Risk Manager approval.
The certificate holder should read:
City of Renton
ATTN: {enter your City contact’s name here and Department}
1055 South Grady Way
Renton, WA. 98057
Direct any questions, comments, or concerns to: Kelsey R. Ternes, Risk Manager
425.430.7669 - direct
425.430.7665 - fax
kternes@rentonwa.gov
Revised 4/11/19
Template updated 2-12-19
This form must be submitted with the Bid Proposal.
Certification of Compliance with Wage Payment Statutes
The 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, of any provision
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.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true
and correct.
Bidder’s Business Name
Signature of Authorized Official*
Printed Name
Title
Date City State
Check One:
Sole Proprietorship Partnership Joint Venture Corporation LLC
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.
NON-COLLUSION, ANTI-TRUST, AND MINIMUM WAGE FORM
NON-COLLUSION AFFIDAVIT
Being duly sworn, deposes and says, that he is the identical person who submitted the forgoing proposal
or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any
person not therein named, and further, that the deponent has not directly induced or solicited any other
Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to
refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself
or to any other person any advantage over the other Bidder or Bidders.
AND
CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER
Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust
violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any
and all claims for such overcharges as to goods and materials purchased in connection with this order or
contract, except as to overcharges resulting from anti-trust violations commencing after the date of the
bid, quotation, or other event establishing the price under this order or contract. In addition, vendor
warrants and represents that such of his suppliers and subcontractors shall assign any and all such
claims to purchaser, subject to the aforementioned exception.
AND
MINIMUM WAGE AFFIDAVIT FORM
I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the
performance of the work of this project, I will pay each classification of laborer, workman, or mechanic
employed in the performance of such work; not less than the prevailing rate of wage or not less than the
minimum rate of wages as specified in the principal contract: that I have read the above and foregoing
statement and certificate, know the contents thereof and the substance as set forth therein is true to
my knowledge and belief.
FOR: NON-COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND
MINIMUM WAGE AFFIDAVIT
Name of Project
Name of Bidder's Firm
Signature of Authorized Representative of Bidder
Subscribed and sworn to before me on this day of , 20 .
Notary Public in and for the State of Washington
Residing at:
SMALL PUBLIC WORKS CONTRACT AGREEMENT
TEASDALE PARK BASKETBALL COURT REPLACEMENT
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2020, (the “Effective
Date”) by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington municipal corporation (“City”), _______________ Department and (CONTRACTOR’S
NAME), (“Contractor”), a ___________who are collectively referred to as the “Parties”, to
City and Contractor agree as set forth below.
1. Scope of Work : Contractor will provide all material and labor necessary to perform all
work described in the Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment “A.”
2. Changes in Scope of Work: City, without invalidating this Agreement, may order changes
to the Scope of Work consisting of additions, deletions or modifications, the Agreement
Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work
shall be authorized by written Change Order or Amendment signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than _____________.
4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work. This Agreement may be extended to accomplish
change orders, if required, upon mutual written agreement of City and Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of $ which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
6. Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Work, City agrees to make payment of the amount identified as
the Agreement Sum.
7. Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the
Work will only be made after the Work has been performed and a voucher or invoice is
submitted in a form acceptable to the City.
SAMPLE AGREEMENT
PAGE 2 OF 11
A.Prevailing Wage Rates:
Contractor must comply with the State of Washington prevailing wage
requirements. Contractor must file an Intent To Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project
with the Washington State Department of Labor and Industries.
The State of Washington prevailing wage rates applicable for this project, which is
located in King County, may be found at the following website address of the
Department of Labor and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage
rates paid for the duration of this contract shall be the date the contract is
executed as reflected in the “Effective Date” identified at the top of the first page
of this Agreement.
Upon request, the City will provide a copy of the applicable prevailing wages for
this project. Alternatively, the rates may be viewed at the City of Renton City Hall
by making an appointment with the contact person identified herein or prior to
contract award with the contact person identified as the City of Renton contact in
Paragraph 15 Notices of this agreement.
B.Retainage held by the City or in Escrow Account:
Pursuant to RCW Chapter 60.28, a sum equal to five percent (5%) of the monies
earned by the Contractor will be retained from payments made by the City to the
Contractor under this Contract. This retainage shall be used as a trust fund for the
protection and payment (1) to the State with respect to taxes imposed pursuant
to RCW Title 82 and (2) the claims of any person arising under the Contract.
Monies retained under the provisions of RCW Chapter 60.28 shall be:
Contractor must pick one – if contractor does not pick one then the first option
retainage held in a fund by the City) applies.
Retained in a fund by the City.
or
Deposited by the City in an escrow (interest-bearing) account in a bank,
mutual saving bank, or savings and loan association (interest on monies so
retained shall be paid to the Contractor). Deposits are to be in the name of the
City and are not to be allowed to be withdrawn without the City’s written
authorization. The City will issue a check representing the sum of the monies
PAGE 3 OF 11
reserved, payable to the bank or trust company. Such check shall be converted
into bonds and securities chosen by the Contractor as the interest accrues.
At or before the time the Contract is executed, the Contractor shall designate the
option desired. The Contractor in choosing option (2) agrees to assume full
responsibility to pay all costs that may accrue from escrow services, brokerage
charges or both, and further agrees to assume all risks in connection with the
investment of the retained percentages in securities.
The City may also, at its option, accept a bond in lieu of retainage.
C.For Agreements over $150,000:
Pursuant to RCW 60.26 and 39.08 The City requires a 5 % Retainage be withheld
and that the Contractor will provide a Performance and Payment (Contract) Bond
on the City approved form upon execution of the Agreement. Payment of the initial
95% will be made in the next pay cycle of the Renton Finance Department after
receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5%
will be retained for the purpose of completion of the project and fulfillment of
claims and liens.
D.For Agreements under $150,000
Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld
and that the Contractor will provide either a Performance and Payment (Contract)
Bond on the City approved form upon execution of the Agreement or waive the
payment and performance bond and instead the City will retain 10%. Payment of
the initial 95% will be made in the next pay cycle of the Renton Finance Department
after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining
5% will be retained for the purpose of completion of the project and fulfillment of
claims and liens. (Unless the Contractor waives the payment and performance
bond below and opts for a 10% retainage below.)
Contractor must pick one – if contractor does not pick one then the first option
5% retainage with contract bond) applies:
To provide a payment and performance bond (contract bond) in the
amount of 100% of the estimate including taxes with a 5% retainage.
or
To waive a payment and performance bond (contract bond) and instead
the city will retain the remaining 10% will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
PAGE 4 OF 11
E.For limited Public Works Contracts under $35,000
For limited public works projects, the City may choose to waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors,
material persons, suppliers, and taxes imposed under Title 82 RCW that may be
due from the contractor for the limited public works project, however The City
shall have the right of recovery against the contractor for any payments made on
the contractor's behalf.
F. City shall have the right to withhold payment to Contractor for any work not
completed in a satisfactory manner until such time as Contractor modifies such
work so that the same is satisfactory.
G. Final Acceptance. Final Acceptance of the Project occurs when the Community
Services Administrator has determined that the Project is one hundred percent
100%) complete and has been constructed in accordance with the Plans and
Specifications.
H. Payment in the Event of Termination. In the event this Contract is terminated by
the either party, the Contractor shall not be entitled to receive any further amounts
due under this Contract until the work specified in the Scope of Work is
satisfactorily completed, as scheduled, up to the date of termination. At such time,
if the unpaid balance of the amount to be paid under the Contract exceeds the
expense incurred by the City in finishing the work, and all damages sustained by
the City or which may be sustained by the City or which may be sustained by the
reason of such refusal, neglect, failure or discontinuance of Contractor performing
the work, such excess shall be paid by the City to the Contractor. If the City’s
expense and damages exceed the unpaid balance, Contractor and his surety shall
be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all reasonable legal expenses
and costs incurred by the City to protect the rights and interests of the City under
the Contract.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor’s own employees, agents and
volunteers, or damage to property caused by Contractor’s negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by City and
its officers, agents, employees and volunteers.
PAGE 5 OF 11
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
contractor and City, its officers, officials, employees and volunteers, Contractor’s liability
shall be only to the extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
City that are excluded in the commercial general liability insurance.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. It is agreed that on Contractor’s commercial general liability policy, the City of
Renton will be named as an Additional Insured on a non-contributory primary
basis. City’s insurance policies shall not be a source for payment of any Contractor
liability.
E. Subject to City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this
Agreement.
F. Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
G.Additional Insurance if marked as “Required” by City:
1. Required. Builders Risk insurance covering interests of the City, the
Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk
insurance shall be on a special perils policy form and shall insure against
the perils of fire and extended coverage and physical loss or damage
including flood, earthquake, theft, vandalism, malicious mischief, and
PAGE 6 OF 11
collapse. The Builders Risk insurance shall include coverage for temporary
buildings, debris removal and damage to materials in transit or stored off-
site. This Builders Risk insurance covering the work will have a deductible
of $5,000 for each occurrence, which will be the responsibility of the
Contractor. Higher deductibles for flood and earthquake perils may be
accepted by the City upon written request by the Contractor and written
acceptance by the City. Any increased deductibles accepted by the City will
remain the responsibility of the Contractor. The Builders Risk insurance
shall be maintained until final acceptance of the work by the City.
2. Required. Contractors Pollution Liability insurance covering losses
caused by pollution conditions that arise from the operations of the
Contractor. Contractors Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate of at least
1,000,000. Contractors Pollution Liability shall cover bodily injury,
property damage, cleanup costs and defense including costs and expenses
incurred in the investigation, defense, or settlement of claims.
If the Contractors Pollution Liability insurance is written on a claims-made
basis, the Contractor warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this contract; and
that continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning from the
time that work under the contract is completed.
The City shall be named by endorsement as an additional insured on the
Contractors Pollution Liability insurance policy.
If the scope of services as defined in this contract includes the disposal of
any hazardous materials from the job site, the Contractor must furnish to
the City evidence of Pollution Liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting waste
under this contract. Coverage certified to the Public Entity under this
paragraph must be maintained in minimum amounts of $1,000,000 per loss,
with an annual aggregate of at least $1,000,000.
Pollution Liability coverage at least as broad as that provided under ISO
Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90)
shall be attached.
PAGE 7 OF 11
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
A. Contractor, and Contractor’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona
fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of
Work or any other benefits under this Agreement, or procurement of materials or
supplies.
B. The Contractor will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental handicaps, or marital status. Such action shall include, but not be limited
to the following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
C. If Contractor fails to comply with any of this Agreement’s non-discrimination
provisions, City shall have the right, at its option, to cancel the Agreement in whole
or in part.
D. Contractor is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws and worker's
compensation.
11. Independent Contractor: Contractor’s employees, while engaged in the performance of
any of Contractor’s Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of City and as a result, shall not be
entitled to any coverage or benefits from the City of Renton. Contractor’s relation to City
shall be at all times as an independent contractor. Any and all Workman’s Compensation
Act claims on behalf of Contractor employees, and any and all claims made by a third-party
as a consequence of any negligent act or omission on the part of Contractor’s employees,
while engaged in Work provided to be rendered under this Agreement, shall be the solely
Contractor’s obligation and responsibility.
PAGE 8 OF 11
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14. Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf
of City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of City or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses
set forth below. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage prepaid, to the
address set forth below. Any notice so posted in the United States mail shall be
deemed received three (3) calendar days after the date of mailing. This Agreement
shall be administered by and any notices should be sent to the undersigned
individuals or their designees.
PAGE 9 OF 11
CITY OF RENTON
Alan J. Wyatt, RLA, ASLA, LEED-AP
Capital Projects Manager
1055 South Grady Way Renton,
WA 98057 Phone: (425) 430-6571
awyatt@rentonwa.gov
B.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C.Assignment and Subcontract. Contractor shall not assign or subcontract any
portion of this Agreement without the City of Renton’s prior express written
consent.
D.Compliance with Laws. Contractor and all of the Contractor’s employees shall
perform the Work in accordance with all applicable federal, state, county and city
laws, codes and ordinances. A copy of this language must be made a part of any
contractor or subcontractor agreement.
E.Conflicts. In the event of any inconsistencies between contractor proposals and
this contract, the terms of this contract shall prevail.
F.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
G.Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
Contractor hereby expressly consents to the personal and exclusive jurisdiction
CONTRACTOR
Contract/Project Manager Name
Street Address
City, State, Zip
Phone: (XXX) XXX-XXXX
Email Address
Fax: (XXX) XXX-XXXX
PAGE 10 OF 11
and venue of such court even if Contractor is a foreign corporation not registered
with the State of Washington.
I.Severability. A court of competent jurisdiction’s determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this Agreement, which shall remain in full force and effect.
J.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L.Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either City or Contractor from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of
Effective Date.
CITY OF RENTON CONTRACTOR
Armondo Pavone, Mayor
1055 South Grady Way
Renton, WA 98057
Date
Attest
Jason A. Seth
Date
PAGE 11 OF 11
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Non-standard 05/04/20 CLB
TEASDALE PARK BASKETBALL COURT CLEARING, DEMOLITION &
REPLACEMENT SITE PREPARATION
SECTION 02200
02200-1
PART 1 GENERAL
1.01 SCOPE OF WORK
A.Furnish all labor, equipment and related items necessary for demolition and site
preparation as specified herein, including but not limited to:
1.Removal: Removal of the existing asphalt base basketball court and
associated subgrade.
2.Preservation and protection: Including but not limited to the, walkways,
curbs, and turf.
B.Related Sections include the following:
1.02510 – Concrete and Sport Court Surfacing
2.310000 – Earthwork
1.02 CONDITIONS
A. Protection:
1. Use all means necessary to protect existing objects to remain, and, in the
event of damage, immediately make all repairs and replacements
necessary to the approval of the Owner at no additional cost.
2. Install temporary construction fencing and erosion control around the
basketball court during construction.
B. Limits of the Work: The basketball court and access from the parking lot. Any
damage or scarring which occurs shall be restored to its original condition by the
Contractor at no cost to the Owner. No materials of any kind may be disposed of
on the site outside the Limits of Work.
C. Permits, Ordinance, etc. Comply will all applicable Federal, State, County and
local ordinances and regulations.
D. Dust Control:
1. Use all means necessary to prevent the spread the dust during
performance of the work of this section. Moisten all surfaces as required to
prevent dust from becoming a nuisance to the public.
2. Keep staging area and parking lot clean.
TEASDALE PARK BASKETBALL COURT CLEARING, DEMOLITION &
REPLACEMENT SITE PREPARATION
SECTION 02200
02200-2
PART 2 PRODUCTS
2.01 FILL MATERIAL
A. Fill required for voids or holes left by slab removal shall be select non-organic fill
material as specified in Section 310000, Earthwork.
PART 3 EXECUTION
3.01 PREPARATION
A. Notification: Notify the Owner’s Representative prior to commencing the work of
this section.
B. Site Inspection:
1. Inspect the entire site and all objects designated to be removed and to be
preserved.
2. Contact all utility providers to locate their existing utilities on the site. Call
before you dig: 1-800-424-5555.
3.02 PROTECTION
A. Barricade and cover as necessary.
B. Keep all lanes and parking lot drives clean and clear at all times. Conduct
operations so as not to interfere with adjacent fire lanes, walks, and service
lanes.
3.03 DEMOLITION OF PAVEMENTS
A. Demolish all pavements, base material, rubble, etc. designated for demolition,
and dispose of debris in a legal manner.
B. Fill voids left by removed structures with specified fill. Bring to compacted,
smooth and even grade conforming to surrounding grade.
3.04 METHODS
A. Burning of removed materials will not be permitted on site.
B. Use of explosives not permitted.
TEASDALE PARK BASKETBALL COURT CLEARING, DEMOLITION &
REPLACEMENT SITE PREPARATION
SECTION 02200
02200-3
3.05 DISPOSITION OF REMOVED MATERIAL
A. All material removed under this Contract which is not to remain the property of
the Owner shall become the property of the Contractor. Do not store or permit
debris to accumulate on the site.
B. No On-Site Disposal: No organic or inorganic debris of any kind shall be
disposed of on site either within or outside the Limits of Work.
3.06 BACKFILL
A. Use approved backfill as specified in voids created by demolition work. Fill and
compact per Section 31000 EARTHWORK.
3.07 CLEAN UP
A. Upon completion of demolition work, leave the property and adjacent areas clean
and satisfactory to the Owner.
END OF SECTION
TEASDALE PARK BASKETBALL COURT REPLACEMENT C AST-IN-PLACE CONCRETE
SECTION 03300
03300-1
PART 1 GENERAL
1.01 GENERAL
This work shall consist of cast-in-place concrete placed on a prepared base in
accordance with the Washington State Department of Transportation Standard
Specifications and in reasonably close conformity with the lines, grades, and
thicknesses, as specified by the Owner.
1.02 SCOPE OF WORK
Furnish all labor, equipment and related items necessary to complete the work shown on
the Drawings and as specified in the Specifications for Cast-in-Place Concrete.
1.03 RELATED WORK DESCRIBED ELSEWHERE
Related work in other sections of these Specifications includes but is not limited to:
1. 02200 – Clearing, Demolition & Site Preparation
2. 31000 – Earthwork
1.04 STANDARD SPECIFICATIONS
Conform to Standard by the American Concrete Institute, except as otherwise
specified herein.
1.05 QUALITY ASSURANCE
A. Notify Owner at least 48 hours in advance of concrete pour.
B. Quality Control by Contractor: The Contractor shall be responsible for the
strength and quality of all the concrete placed.
1.06 SUBMITTALS
A.Submit design mix data to Owner, no less than two weeks prior to concrete
placement. Do not proceed until authorized. Concrete mix designs shall conform
to the requirements of IBC 1905.
B.Product Data: Manufacturer’s product data, application and installation
instructions for proprietary materials and items. Submit for admixtures, bonding
agents, curing compounds and the like.
C.City will employ Material Testing and Special Inspections firm to provide testing as required.
Contractor to coordinate testing and inspections with Testing Firm.
TEASDALE PARK BASKETBALL COURT REPLACEMENT CAST-IN-PLACE CONCRETE
SECTION 03300
03300-2
PART 2 PRODUCTS
2.01 CEMENT
A. Portland cement shall conform to the “Standard Specification for Portland
Cement” (ASTM C 150 Type II). Low heat Portland cement shall be used unless
high-early-strength cement is authorized by the Owner. Where high-early-
strength concrete is used, the specified strength shall be achieved in seven days
rather than the 28 days specified for low heat cement. All cement shall come
from the same manufacturing plant and be certified as to quality.
2.02 AGGREGATES
A. Coarse Aggregate: Coarse aggregate for concrete shall conform to ASTM C33,
maximum size.
B. Fine Aggregate: Fine aggregate shall be natural sand conforming to ASTM C-33.
2.03 WATER
A. Water shall be any potable water, clean and free from injurious amounts of oil,
acid, alkali, and organic materials. Water shall conform to ASTM C 94.
2.04 ADMIXTURES
A. General: Where more than one admixture is used in the mix, furnish
manufacturer’s certification to the Owner’s Representative that the admixtures to
be used are compatible in combination with the cement and aggregates.
B. Water reducing admixture shall conform to ASTM C 494.
C. Air entrainment admixture shall conform to ASTM C 260.
D. Fly Ash: ASTM C 618, Class F.
2.05 BONDING AGENTS
A. Grace Construction Materials Daraweld C, Larson Products Weldcare, or
approved. Emulsion-type additive of plasticized high polymer resins designated
for bonding of concrete.
2.06 CURING COMPOUND
A. Concrete curing compound shall be of a nature and composition not deleterious
to concrete and shall be of a standard and uniform quality ready for use as
shipped by the manufacturer. At the time of use, the curing compound shall be in
a thoroughly stirred condition. Curing compounds shall not be diluted by the
addition of solvents or thinners, or be altered in any manner without the specific
approval of and in a manner prescribed by the manufacturer.
TEASDALE PARK BASKETBALL COURT REPLACEMENT CAST-IN-PLACE CONCRETE
SECTION 03300
03300-3
2.07 WELDED WIRE MESH
A. Plain Welded Wire Reinforcement, ASTM A185, Reinforcement Bar.
2.08 EXPANSION JOINTS
A. Premolded Joint: Pre-molded non-extruding resilient material, maximum 3/8”
thick. Place at maximum 24 feet on center.
2.09 CONTROL JOINTS
A.Place control joints at eight feet on center.
2.10 CONCRETE FOR PAVEMENT
A.General: Ready mix concrete shall conform to specifications for Ready Mix
Concrete (ASTM C 172). Mix in accordance with minimum stated proportions.
Select ingredient proportions, producing workable mix and attaining required
28-days strength. Produce durable, abrasion-resistant, watertight concrete,
uniform in appearance. Minimum cement content is 550 pounds/cubic yard.
B.Consistency: The quantity of water required for the proper consistency of the
concrete shall be determined in accordance with ASTM C 142. Slump
allowances shall be 3 inches, plus or minus 1 inch.
C.Strength: Compressive strength shall be determined in accordance with ASTM
C-39. Strength shall have a minimum 28-day compressive strength of 4,000psi
for general site construction.
2.11 OTHER MATERIALS
A. All other materials, not specifically described but required for completion and
proper installation of cast-in-place concrete shall be as selected by Contractor
and approve by Owner’s Representative.
PART 3 EXECUTION
3.01 CONCRETE PLACEMENT
A. Place concrete in compliance with practices and recommendations of ACI 304,
and as herein specified. Give minimum 48-hour notification prior to placing
concrete.
B. Deposit concrete continuously or in layers of such thickness that no concrete will
be placed on concrete which was hardened sufficiently to cause the formation of
seams or planes of weakness within the section.
TEASDALE PARK BASKETBALL COURT REPLACEMENT CAST-IN-PLACE CONCRETE
SECTION 03300
03300-4
C. Perform concrete placing at such a rate that concrete which is being integrated
with fresh concrete is still plastic.
D. Deposit concrete as nearly as practicable in its final location to avoid segregation
due to re-handling and flowing.
E. Do not subject concrete to any procedure which will cause segregation.
F. Remove temporary spreaders in forms when concrete placing has reached the
elevation of such spreaders.
G. Screed concrete which is to receive other construction to the proper level to
avoid excessive skimming and grouting.
H. Do not use concrete which becomes non-plastic and unworkable, or does not
meet the required quality control limits, or which has been contaminated by
foreign materials.
I. Remove and replace, when directed by Owner, concrete surfaces which show
excessive shrinkage, cracks, or improper drainage.
J. Remove rejected concrete from the site and dispose of legally.
K. Excavation: grade concrete grade beam to the lines and elevations required.
Compact subgrade per above prior to placing reinforcement bar.
L. Cold Weather Placement: ACI 306.1. Do not place concrete while the
atmospheric temperature is below 40 degrees F., or approaching 40 degrees F.,
and falling.
M. Hot Weather Placement: ACI 305 R.
3.02 REINFORCING AND EMBEDDED ITEMS
A. Accurately position, support and secure reinforcement and embedded items
against displacement. Provide reinforcing in concrete where specified herein.
Stagger laps to avoid discontinuity in either direction.
3.03 PLACING CONCRETE SLABS
A. Deposit and consolidate concrete slabs in a continuous operation, within the
limits of construction joints, until the placing of a panel or section is complete.
B. Consolidate concrete during placement by use of the specified equipment,
thoroughly working concrete around the reinforcement and into corners.
C. Consolidate concrete in remainder of slabs by vibrating bridge screeds, roller
pipe screeds, or other methods acceptable to the Owner’s Representative.
TEASDALE PARK BASKETBALL COURT REPLACEMENT CAST-IN-PLACE CONCRETE
SECTION 03300
03300-5
D. Limit the time of vibrating consolidation to prevent bringing an excess of fine
aggregate to the surface.
E. Bring slab surfaces to the correct level with a straight edge, and then strike off.
F. Use bullfloats or darbies to smooth the surface, leaving it free from bumps and
hollows.
G. Do not sprinkle water on the plastic surface; do not disturb the slab surfaces prior
to start of finishing operations.
3.04 CONSOLIDATION
A. Consolidate all concrete in accordance with provisions of ACI 309.
B. Consolidate each layer of concrete immediately after placing, by use of high
frequency, rubber tipped, mechanical internal concrete vibrators supplemented
by hand-spading, rodding, or tamping.
C. Do not use vibrators to transport concrete inside the forms.
3.05 JOINTS
A. General: Where a construction joint is to be made, the surface of the concrete
shall be thoroughly cleaned and all laitance removed. Joint locations shall be as
shown on the plan and details with the following specifics and minimums.
1. Paving: Locate control joints at eight feet on center. Provide expansion
joints at approximate 24’ spacing.
B. Expansion Joints:
1. Pre-molded expansion joints shall be max. 3/8” wide.
2. Place expansion joints at right angles to the surface of paving.
3.06 PROTECTION AND REPAIR OF CONCRETE CONSTRUCTION
A. All surfaces shall be protected against damage. This may require installation of
temporary fencing. During the first 72 hours after placing the concrete, any
wheeling, working or walking on the concrete shall not be permitted. All slabs
and other flatwork subject to wear shall be covered with plywood as soon as the
concrete has set. This does not alter the requirements for proper curing as
specified.
B. No concrete slabs shall be placed during rain unless acceptable protective
shelter is provided, and during such weather, all concrete placed within the
preceding 12 hours shall be protected with waterproof canvas or other suitable
coverings.
TEASDALE PARK BASKETBALL COURT REPLACEMENT CAST-IN-PLACE CONCRETE
SECTION 03300
03300-6
C. Clean: Clean up all concrete drippings, tools, etc., and remove from site. Knock
protrusions and fins off flush with surface. Leave all surfaces clean.
D. Replacement: Remove and replace, when directed by Owner’s Representative,
surfaces which show excessive shrinkage, cracks or improper drainage.
3.07 FINISH OF SURFACES
A.General: Surface to be hard, uniform in color, clean and without pockmarks,
honeycomb, projections or embedded materials. Tool all outside edges with a ¼
inch radius tool unless otherwise noted.
B.Finishing Tolerances: Finished surfaces shall have no variation greater than ¼
inch plus or minus from a 10 foot straight-edge.
C.Screeds:
1.Set edge forms and intermediate screed strips accurately to produce the
designed elevations and contours in the finished surface.
2.Screeds and forms will be sufficiently strong to support vibrating bridge
screeds or roller pipe screeds if the nature of the finish specified requires
the use of such equipment.
3.Align the concrete surface to the contours of screed strips by the use of
strike-off templates or approved compacting type screeds.
D.Float Finish:
1.Apply float finish to all unformed horizontal concrete surfaces.
2.After placing concrete, do not work the surface further until ready for floating.
3.Begin floating when the surface water has disappeared or when the
concrete has stiffened sufficiently to permit operation of a power-driven float,
or both.
4.Consolidate the surface with power-driven floats, or by hand-floating if area
is small or inaccessible to power units.
5.Check and level the surface plane with a ten-foot straightedge placed on the
surface not less than two different angles.
6.Cut down high spots and fill low spots to produce a surface with the
specified finish tolerances.
7.Uniformly slope to drains where required.
8. Immediately after leveling, refloat the surfaces to a smooth, uniform,
granular texture.
E.Finishing Schedule:
Grade Beam: Light broom finish.
TEASDALE PARK BASKETBALL COURT REPLACEMENT CAST-IN-PLACE CONCRETE
SECTION 03300
03300-7
3.08 CONCRETE CURING
A.General: Protect freshly placed concrete from premature drying and excessive
cold or hot temperatures. Comply with ACI 306.1 for cold weather protection and
ACI 305 R for hot weather protection during curing.
B.Formed Surfaces: Cure formed surfaces. If forms are removed during curing
period, continue moist curing as follows for unformed surfaces.
C. City will employ independent testing services to test concrete.
END OF SECTION
TEASDALE PARK BASKETBALL COURT REPLACEMENT EARTHWORK
SECTION 310000
310000-1
PART 1 GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, equipment and related items necessary for demolition
and site preparation as specified, including but not limited to:
1. Removal: Removal of the existing asphalt basketball court, subbase,
basketball goals and footings.
2. Preservation and protection: Including but not limited to the existing,
walkways, curbs, parking lot, trees and shrubs.
B. Related Sections include the following:
1. 02200 – Clearing, Demolition & Site Preparation
1.02 DEFINITIONS
A. Excavation: Consists of removal of material encountered to subgrade
and subsequent use or disposal of materials.
B. Structural Fill: Consists of imported or select on site excavation, fill
placed beneath sport court.
C. Bearing Soil: Consists of native, undisturbed granular soils, which are
compacted to at least 90 percent of ASTM D 1557 and are in a firm and
non-yielding condition.
1.03 QUALITY ASSURANCE
A. Perform work in compliance with applicable requirements of
WSDOT/APWA Standard Specifications for Road, Bridge and Municipal
Construction, most current edition, and with applicable requirements of
governing authorities having jurisdiction.
1.04 TESTING STANDARDS
A.Compaction Density: ASTM D 1557.
B.In-place Soil Density:
1.ASTM D2922, nuclear densometer.
2.ASTM D1556, sand cone.
C.Gradation Test: ASTM D 422.
D.City will employ an independent material testing firm to verify
compaction. Contractor to coordinate testing with testing firm.
TEASDALE PARK BASKETBALL COURT REPLACEMENT EARTHWORK
SECTION 310000
310000-2
PART 2 PRODUCTS
2.01 STRUCTURAL FILL
A. Imported soil materials free of clay, rock or gravel larger than 6 inches in
any dimension, debris, waste, frozen materials, vegetation, and other
deleterious matter and containing a maximum of 30 percent passing 75
Fm (No. 200) sleeve.
B. Structural fill must have a moisture content of plus or minus 3 percent of
optimum moisture content.
C. Protect completed fills from erosion, softening, saturation, and
disturbance during wet conditions. Replace fills, which are degraded.
D. It is the sole responsibility of the Contractor to protect existing ground,
prepared subgrade, and any stockpiled material from inclement weather,
surface runoff, construction traffic and other conditions that may preclude
the re-use of the material.
PART 3 EXECUTION
3.01 EXCAVATION
A. Unclassified Excavation: Excavation is unclassified and includes
excavation of subgrade to bottom of structural elements regardless of
character of materials and obstructions encountered.
B. Earth excavation includes excavations of pavements and other
obstructions visible on surface; underneath structures, utilities, and other
items indicated to be demolished and removed; together with earth and
other materials encountered that are not classified as rock or
unauthorized excavation.
C. Unauthorized Excavation:
1. Unauthorized excavation consists of removal of materials beyond
indicated bearing soils or subgrade elevations or dimensions without
specific direction of Owner’s Representative.
2. Unauthorized excavation and subsequent remedial work directed by
Owner’s Representative shall be at Contractor’s expense.
a. Under basketball court: Fill by extending indicated bottom
elevation of footing or base to excavation bottom without
altering required top elevation.
TEASDALE PARK BASKETBALL COURT REPLACEMENT EARTHWORK
SECTION 310000
310000-3
D. Authorized Excavation:
1. When excavation has reached required subgrade elevations, notify
Owner’s Representative.
2. If unsuitable bearing materials are encountered at required
subgrade elevations, carry excavations deeper and replace
excavated material as directed by Owner’s Representative.
3. When over-excavation to a designated bearing soil is required, the
Owner or an approved representative shall be onsite to verify
bearing soil.
3.02 DEWATERING
A. Prevent surface water and subsurface or ground water from flowing into
excavations and from flooding project site and surrounding area.
1. Do not allow water to accumulate in excavations.
2. Remove water to prevent softening of basketball court bottoms, and
soil changes detrimental to stability of subgrades and foundations.
3. Establish and maintain temporary drainage ditches and other
diversions outside excavation limits to convey rain water and water
removed from excavations to collecting or run-off areas. Do not use
trench excavations as temporary drainage ditches.
3.03 STOCKPILING MATERIALS
A. Stockpile excavated materials that meet requirements of structural fill until
required for backfill or fill.
1. Locate and retain soil materials away from edge of excavation.
2. Place, grade, and shape stockpiles for proper drainage.
3. Dispose of excess soil material and waste materials offsite in legal manner.
4. Contractor to cover stockpiled soils with plastic.
3.04 BACKFILL AND FILL
A. Place and compact acceptable soil material in layers to required
subgrade elevations.
1. Use structural fill material under concrete slabs, and curbs.
B. Backfill excavations as promptly as work permits, but not before
completion of the following:
1. Acceptance of construction below finish grade.
2. Removal of trash and debris.
TEASDALE PARK BASKETBALL COURT REPLACEMENT EARTHWORK
SECTION 310000
310000-4
C. Remove vegetation, debris, unsatisfactory soil materials, obstructions,
and deleterious materials from ground surface prior to placement of fills.
D. When existing ground surface has a density less than that specified under
3.06 COMPACTING for particular area classification, break up ground
surface, pulverize, moisture condition to optimum moisture content, and
compact to required depth and percentage of maximum density.
E. Place backfill and fill materials in layers not more than 8 inches loose
depth for material compacted by heavy compaction equipment, and not
more than 4 inches loose depth for material compacted by hand operated
tampers.
1. Before compaction, moisten or aerate each layer as necessary to
provide optimum moisture content.
2. Compact each layer to required percentage of maximum dry density
or relative dry density for each area classification.
3. Place backfill and fill materials evenly adjacent to structures and piping,
and conduit to required elevations. Take care to prevent wedging action
of backfill against structures by carrying material uniformly around
structure to approximately same elevation in each lift.
3.05 COMPACTING
A. Control soil compaction during construction, providing minimum percentage
of density specified for each area classification indicated below.
B. Compact soil to not less than the following percentages of Modified Proctor
maximum dry density determined in accordance with ASTM D 1557:
1. Structural fill below on-grade slabs, below walls, curbs and within
three (3) feet of footings: 95 percent.
2. Subgrades that are cut to grade should be compacted to a firm and
unyielding condition.
3.06 DISPOSAL OF EXCESS AND WASTE MATERIALS
A. Remove waste materials, including unacceptable and excess excavated
material, trash, and debris from Owner’s property.
B. Dispose of materials in a lawful manner.
END OF SECTION
TEASDALE PARK BASKETBALL COURT ASPHALTIC CONCRETE AND
REPLACEMENT SPORT COURT SURFACING
SECTION 321216
321216 – 1
PART 1 GENERAL
1.01 GENERAL
Work includes but is not limited to the following:
A. This work shall consist of one or more course of plant mixed asphalt
concrete placed on a prepared foundation or base in accordance with the
Washington State Department of Transportation Standard Specifications
and in reasonably close conformity with the lines, grades, and
thicknesses as established by the Owner’s Representative.
B. Asphalt concrete shall be composed of asphalt and aggregate which, with
or without the addition of mineral filler and blending sand as may be
required, shall be mixed in the proportions specified to provide a
homogeneous, stable, and workable mixture. Asphalt concrete shall be
one-half inch (1/2”) HMA.
1.02 SCOPE OF WORK
A. Furnish all labor, equipment and related items necessary to complete the
work shown onsite and as specified in the Specifications for Asphaltic
Concrete Paving. The items of work to be performed shall include but are
not limited to:
1. Subgrade preparation;
2. Base course and pavement surfacing;
3. Basketball court surfacing material;
4. All other related required to complete the work shown on the
Drawings and as specified.
B. Related Sections include the following:
1. 02200 – Clearing, Demolition & Site Preparation
1.03 QUALITY ASSURANCE
A. Standard Specifications:
1. This section references the latest edition of the Washington State
Department of Transportation (W.S.D.O.T.) Standard Specifications
for Road, Bridge, and Municipal Construction, including all
necessary amendments. In case of conflict between the Standard
Specifications and these modifications, the requirements of this
section shall prevail.
TEASDALE PARK BASKETBALL COURT ASPHALTIC CONCRETE AND
REPLACEMENT SPORT COURT SURFACING
SECTION 321216
321216 – 2
B.Submittals
1.Test Certificates: Submit certified test reports of the sieve analysis
to enable Owner’s Representative to determine compliance with the
Specifications of each of the following material:
a.Crushed Rock
b.Asphalt certificates
c.Acrylic surfacing material
d. Note: City will employ and independent testing firm
PART 2 PRODUCTS
2.01 ASPHALTIC CONCRETE PAVING
A. Base Course: Five-eighths inch (5/8”) minus crushed rock shall conform
to requirements of Section 9-03.9(3), Crushed Surfacing of the “Standard
Specifications.”
2.02 BASKETBALL COURT SURFACING MATERIAL
A. Surfacing material shall consist of four coatings of pure acrylic, containing
no asphaltic or tar emulsions, nor any vinyl, alkyd or non-acrylic resins.
The color system shall be factory-mixed compounds requiring only the
addition of water at the jobsite except for the addition of sand to
resurfacing material. All materials shall be delivered to the jobsite in
sealed containers with the manufacturer’s label affixed.
PART 3 EXECUTION
3.01 APPLICATION
A. Grade: Grade conformance test shall be conducted on both the base
course and the leveling course. The entire surface should have positive
drainage.
B. Planarity: After completion of the finish rolling operations on each course,
the compacted surface should be tested with a 10-foot straightedge.
Measurements should be made perpendicular to and across all mats at a
distance not to exceed 25 feet. The maximum allowable planarity
deviation within a pass should be 1/4” in 10’ when measured in any
direction.
TEASDALE PARK BASKETBALL COURT ASPHALTIC CONCRETE AND
REPLACEMENT SPORT COURT SURFACING
SECTION 321216
321216 – 3
C.New asphalt shall cure for 30 days prior to application of any surfacing
materials.
D.Contractors must notify Owner of all applications, 48 hours prior to
installation.
E.The surface to be coated shall be inspected and made sure to be free of
grease, oil, dust, dirt and other foreign matter before starting work.
F.The surface shall be flooded. Any ponding water remaining that is deep
enough to cover the thickness of a five-cent piece shall be corrected using
a patch mix consisting of an acrylic bond, 50-mesh sand and Portland
cement, as per manufacturer’s directions. Depressions must be primed
with a 50% dilution of acrylic bonding material and water prior to patching.
G.Application shall proceed only if the surface is dry and clean and the
temperature is at least fifty (50) degrees Fahrenheit and rising, and the
surface temperature is not in excess of one hundred forty (140) degrees.
Do not apply coatings when rain is imminent.
H.Each coat in this system must dry completely before next application.
Between each coat, inspect entire surface. Any defects should be
repaired. Scrape surface to remove any lumps, and broom or blow off all
loose matter.
I.Using a neoprene rubber squeegee, apply one (1) coat of acrylic
resurfacer, diluted with one (1) part clean water to two (2) parts acrylic
surface. Clean, bagged sand shall be incorporated into the diluted acrylic
surface at the rate of five (5) to ten (10) Lbs. per gallon. Sand gradation
shall be 50 to 60-mesh. Allow application to dry thoroughly.
J. Using a neoprene rubber squeegee, apply two (2) coats of acrylic
combination surface, diluted two (2) parts concentrated material to one (1)
part clean water (colors to be designated by owner). Allow each
application to dry thoroughly. The quantity of water used in diluting these
coatings may exceed the quantity specified by only a small amount and
only if coatings are drying too rapidly.
K. City shall employ Material Testing firm to test asphalt and sport court
surfacing applications, Contractor to coordinate testing.3.02 LINE MARKINGS
A. Upon completion and acceptance of the basketball court surface, this
Contractor shall prepare and paint lines for basketball.
TEASDALE PARK BASKETBALL COURT ASPHALTIC CONCRETE AND
REPLACEMENT SPORT COURT SURFACING
SECTION 321216
321216 – 4
B.All lines are to be applied by painting between masking tape with a
paintbrush or roller. Lines will be white. Court will be blue, and area
inside key is green.
C.Prime masked lines with Seal-A-Line. Allow application to dry. All lines
should be 2-inches wide.
D.Paint lines with textured line paint. Allow application to dry.
E.Remove masking tape immediately after lines are dry.
F.Protect adjacent areas and structures (fences, posts, sidewalks,
buildings, etc.), which are not to be coated. In the event that coatings are
applied to above, remove immediately before drying is complete.
3.03 COMPLETION
A. Upon completion, the contractor shall ensure proper removal of all
construction debris, surplus materials, empty containers and wash water,
and shall leave the site in a condition acceptable to the Owner. The court
is to be left secure so as to prevent vandalism.
END OF SECTION
BLUE
GREEN
BLUE
ALL LINES ARE WHITE
ATTACHMENT A
1’-0”
4’-0”
8’-0”
TEASDALE BASKETBALL
CONTRACTOR:
CONTRACT AMOUNT: $
SCHEDULE:
2”
5”
2”
5”
3”
3”
2”
2”
2”
3”
2”
NOTES:
1.PAINTING. THE FACE AND EDGES OF THE
INCH PLYWOOD SIGN BOARD SHALL
HAVE ONE PRIME COAT AND TWO COATS
OF EXTERIOR ENAMEL. THE POSTS,
BRACES AND BACK OF SIGN BOARD
SHALL HAVE ONE COAT OF PRIMER AND
EXTERIOR ENAMEL. THE BACKGROUND
COLOR IS WHITE.
2.LETTER TYPES. THE LETTER TYPE SHALL
BE CALIBRI EXCEPT THE LOGOS WHICH
WILL BE PROVIDED BY THE CITY. ALL
LETTERS AND NUMBERS SHALL BE
BLACK.
3.LETTER SIZE. 5” LETTERS ARE 5/8” WIDE;
3” LETTERS ARE 3/8” WIDE,.
4”x4”x12’
Vertical Posts,
Treated (TYP.)
4’x8’ Exterior Plywood
Smooth both sides, ABX)
2”x4” Diagonal Brace
D.F. Std.&Btr. (TYP.)
7’-0”
Above
Rdwy (Min)
3’-0” (Min)
COURT REPLACEMENT
4”
INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $
PREMISES (Ea occurrence)CLAIMS-MADE OCCUR
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT
Ea accident)
BODILY INJURY (Per person)$ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $$
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks ofACORDACORD25 (2016/03)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
The Phoenix Insurance Company
Travelers Indemnity Co of Connecticut
Homeland Insurance Company of New York
4/16/2021
Propel Insurance
Seattle Commercial Insurance
601 Union Street, Suite 3400
Seattle, WA 98101-1371
Trisha Thompson
800 499-0933 866 577-1326
Trisha.Thompson@propelinsurance.com
Road Construction Northwest Inc
P.O. Box 2228
Renton, WA 98056
25623
25682
34452
A X
X
X
CO527D3347PHX20 05/15/2020 05/15/2021 1,000,000
300,000
10,000
1,000,000
2,000,000
2,000,000
A
X
X X
8100N3757642026 05/15/2020 05/15/2021 1,000,000
B X X
X 10,000
CUP5J0216682026 05/15/2020 05/15/2021 8,000,000
8,000,000
A
N
CO527D3347PHX20
WA Stop Gap
05/15/2020 05/15/2021 X
1,000,000
1,000,000
1,000,000
C Pollution Liab 79333390003 05/15/2020 05/15/2022 Limit: $3,000,000
Ded: $5,000
The General Liability, Auto Liability and Umbrella Liability policies include a blanket automatic
additional insured endorsement that provides additional insured status to the certificate holder only when
there is a written contract between the named insured and the certificate holder that requires such status.
RE: Project: City of Renton Thomas Teasdale Park Basketball Court Replacement
See Attached Descriptions)
City of Renton
1055 South Grady Way
Renton, WA 98057
1 of 2
S4579396/M4122740
MCCACONS2Client#: 105477
ACT01
1 of 2
S4579396/M4122740
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
City of Renton is included as an additional insured on a primary and non-contributory basis, per the
attached.
2 of 2
S4579396/M4122740
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
personal injury" arising out of the providing,The following is added to SECTION II – WHO IS AN
or failure to provide, anyprofessionalINSURED:
architectural, engineering orsurveyingAnypersonororganizationthatyouagreeina
services, including:written contract or agreement to include as an
additional insured on this Coverage Part is an (a)The preparing, approving, or failing to
insured, but only:prepare or approve, maps, shop
drawings, opinions, reports, surveys,a.With respect to liability for "bodily injury" or
field orders or change orders, or the"property damage" that occurs, or for "personal
preparing, approving, or failingtoinjury" caused by an offense that is committed,
prepare or approve, drawingsandsubsequenttothesigningofthatcontractor
agreement and while that part of the contract or specifications; and
agreement is in effect; and (
b)Supervisory, inspection, architectural or
b.If, and only to the extent that, such injury or engineering activities.
damage is caused by acts or omissions of you or
2)Any "bodily injury" or "property damage"your subcontractor in the performance of "your
caused by "your work" and included inthework" to which the written contract or agreement
products-completed operations hazard"applies. Such person or organization does not
unless the written contract oragreementqualifyasanadditionalinsuredwithrespectto
the independent acts or omissions of such specifically requires you to provide such
person or organization.coverage for that additional insured during
the policy period.The insurance provided to such additional insured is
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 (
1)Give us written notice as soon aspracticablelimitsrequiredbythewrittencontractor
of an "occurrence" or an offense whichmayagreement, the insurance provided to the
result in a claim. To the extent possible, suchadditionalinsuredwillbelimitedtosuch
notice should include:minimum required limits. For the purposes of
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
b)The names and addresses of anyinjuredminimumlimitsofanyUmbrellaorExcess
persons and witnesses; andliabilitycoveragerequiredfortheadditional
insured by that written contract or agreement.(
c)The nature and location of any injuryorThisprovisionwillnotincreasethelimitsof
damage arising out of the "occurrence"insurance described in Section III – Limits Of
or offense.Insurance.
2)If a claim is made or "suit" is broughtagainstb.The insurance provided to such additional
the additional insured:insured does not apply to:
CG D2 46 04 19 ú 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
insurance which would cover such additional(b)Notify us as soon as practicable and see
insured for a loss we cover. However, thistoitthatwereceivewrittennoticeofthe
condition does not affect whethertheclaimor "suit" as soon as practicable.
insurance provided to such additional
3)Immediately send us copies of all legal insured is primary to otherinsurancepapersreceivedinconnectionwiththeclaimavailabletosuchadditionalinsuredwhichor "suit", cooperate with us in the covers that person or organization asainvestigationorsettlementoftheclaimornamedinsuredasdescribedinParagraph 4.,
defense against the "suit", and otherwise Other Insurance, of Section IV – Commercialcomplywithallpolicyconditions.General Liability Conditions.
Page 2 of 2 ú 2018 The Travelers Indemnity Company. All rights reserved.CG D2 46 04 19
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read (1)The "bodily injury" or "property damage" is
the entire policy carefully to determine rights, duties and caused by an "occurrence" that takes place
what is and is not covered.in the"coverage territory";
Throughout this policy the words "you" and "your" refer (2)The "bodily injury" or "property damage"
to the Named Insured shown in the Declarations, and occurs during the policy period; and
any other person or organization qualifying as a Named (
3)Prior to the policy period, no insuredlistedInsuredunderthispolicy. The words "we", "us" and under Paragraph 1.of Section II – Who Is"our" refer to the company providing this insurance.An Insured and no "employee" authorized
The word "insured" means any person or organization by you to give or receive notice of an
qualifying as such under Section II – Who Is An "occurrence" or claim knew that the "bodily
Insured.injury" or "property damage" had occurred,
in whole or in part. If such a listedinsuredOtherwordsandphrasesthatappearinquotation
or authorized "employee" knew, prior tothemarkshavespecialmeaning. Refer to Section V –
policy period, that the "bodily injury" orDefinitions."
property damage" occurred, then any
SECTION I – COVERAGES continuation, change or resumption of such
bodily injury" or "property damage" duringCOVERAGEA – BODILY INJURY AND PROPERTY
or after the policy period will be deemedtoDAMAGELIABILITY
have been known prior to the policy period.
1. Insuring Agreement
c."Bodily injury" or "property damage" whicha.We will pay those sums that the insured
occurs during the policy period and was not,becomes legally obligated to pay as damages
prior to the policy period, known tohavebecauseof "bodily injury" or "property damage"
occurred by any insured listed underParagraphtowhichthisinsuranceapplies. We will have
1.of Section II – Who Is An Insured oranytherightanddutytodefendtheinsuredagainst "
employee" authorized by you to give orreceiveany "suit" seeking those damages. However,
notice of an "occurrence" or claim, includesanywewillhavenodutytodefendtheinsured
continuation, change or resumption ofthatagainstany "suit" seeking damages for "bodily "
bodily injury" or "property damage" aftertheinjury" or "property damage" to which this
end of the policy period.insurance does not apply. We may, at our
discretion, investigate any "occurrence" and d."Bodily injury" or "property damage" will be
settle any claim or "suit" that may result. But:deemed to have been known to have occurred
at the earliest time when any insured listed(
1)The amount we will pay for damages is
under Paragraph 1.of Section II – Who IsAnlimitedasdescribedinSectionIII – Limits
Insured or any "employee" authorized by youtoOfInsurance; and
give or receive notice of an "occurrence" or
2)Our right and duty to defend end when we claim:
have used up the applicable limit of (
1)Reports all, or any part, of the "bodilyinsuranceinthepaymentofjudgmentsor
injury" or "property damage" to us oranysettlementsunderCoveragesAorBor
other insurer;medical expenses under Coverage C.
2)Receives a written or verbal demandorNootherobligationorliabilitytopaysumsor
claim for damages because of the "bodilyperformactsorservicesiscoveredunless
injury" or "property damage"; orexplicitlyprovidedforunderSupplementary
Payments.(3)Becomes aware by any other means that
bodily injury" or "property damage" hasb.This insurance applies to "bodily injury" and
occurred or has begun to occur."property damage" only if:
CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page1 of 21
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
e.Damages because of "bodily injury" include (3)Any statute, ordinance or regulation relating
damages claimed by any person or organization to the sale, gift, distribution or use of
for care, loss of services or death resulting at alcoholic beverages.
any time from the"bodily injury".This exclusion applies only if you are in the
2. Exclusions business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages. ForThisinsurancedoesnotapplyto:
the purposes of this exclusion, permittingaa. Expected Or Intended Injury person to bring alcoholic beverages on your
Bodily injury" or "property damage" expected or premises, for consumption on your premises,
intended from the standpoint of the insured.whether or not a fee is charged or a license is
This exclusion does not apply to "bodily injury"required for such activity, is not by itself
or "property damage" resulting from the use of considered the business of selling, serving or
reasonable force to protect persons or property.furnishing alcoholic beverages.
b. Contractual Liability d. Workers' Compensation And Similar Laws
Bodily injury" or "property damage" for which Any obligation of the insured under a workers'
the insured is obligated to pay damages by compensation, disability benefits or
reason of the assumption of liability in a unemployment compensation law or any similar
contract or agreement. This exclusion does not law.
apply to liability for damages:e. Employer's Liability
1)That the insured would have in the absence "Bodily injury" to:
of the contract or agreement; or (
1)An "employee" of the insured arising out of(
2)Assumed in a contract or agreement that is and in the course of:
an "insured contract", provided that the (
a)Employment by the insured; or"bodily injury" or "property damage" occurs
subsequent to the execution of the contract (b)Performing duties related to the
or agreement. Solely for the purposes of conduct of the insured's business; or
liability assumed in an "insured contract",(2)The spouse, child, parent, brother orsisterreasonableattorneys' fees and necessary of that "employee" as a consequenceoflitigationexpensesincurredbyorforapartyParagraph (1)above.
other than an insured will be deemed to be
This exclusion applies whether the insuredmaydamagesbecauseof "bodily injury" or
be liable as an employer or in any other capacity"property damage", provided that:
and to any obligation to share damages with or(
a)Liability to such party for, or for the repay someone else who must paydamagescostof, that party's defense has also because of the injury.
been assumed in the same "insured
This exclusion does not apply toliabilitycontract"; and
assumed by the insured under an "insured(
b)Such attorneys' fees and litigation contract".
expenses are for defense of that party
f. Pollutionagainstaciviloralternativedispute
1)"Bodily injury" or "property damage" arisingresolutionproceedinginwhich
out of the actual, alleged orthreateneddamagestowhichthisinsurance
discharge, dispersal, seepage, migration,applies are alleged.
release or escape of "pollutants":
c. Liquor Liability
a)At or from any premises, site or"Bodily injury" or "property damage" for which
location which is or was at anytimeanyinsuredmaybeheldliablebyreasonof:owned or occupied by, or rented or
1)Causing or contributing to the intoxication loaned to, any insured. However, this
of any person;subparagraph does not apply to:
2)The furnishing of alcoholic beverages to a (i)"Bodily injury" if sustained within a
person under the legal drinking age or building and caused by smoke,
under the influence of alcohol; or fumes, vapor or soot produced by
or originating from equipment that
Page2 of 21 ú 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
is used to heat, cool or dehumidify to perform the normal electrical,
the building, or produced by or hydraulic or mechanical functions
originating from equipment that is necessary for the operation of
used to heat water for personal "mobile equipment" or its parts, if
use by the building's occupants or such fuels, lubricants or other
their guests;operating fluids escape from a
vehicle part designed to hold, store(ii)"Bodily injury" or "property
or receive them. Thisexceptiondamage" for which you may be
does not apply if the "bodily injury"held liable, if you are a contractor
or "property damage" arises outofandtheownerorlesseeofsuch
the intentional discharge, dispersalpremises, site or location has been
or release of the fuels, lubricantsaddedtoyourpolicyasan
or other operating fluids, or ifsuchadditionalinsuredwithrespectto
your ongoing operations performed fuels, lubricants or other operating
for that additional insured at that fluids are brought on or to the
premises, site or location and such premises, site or location with the
premises, site or location is not intent that they be discharged,
and never was owned or occupied dispersed or released as part of
by, or rented or loaned to, any the operations being performed by
insured, other than that additional such insured, contractor or
insured; or subcontractor;
iii)"Bodily injury" or "property (ii)"Bodily injury" or "propertydamage" arising out of heat,damage" sustained withinasmokeorfumesfroma "hostile building and caused by thereleasefire";of gases, fumes or vapors from
b)At or from any premises, site or materials brought into that building
location which is or was at any time in connection with operations being
used by or for any insured or others for performed by you or on your behalf
the handling, storage, disposal,by a contractor or subcontractor; orprocessingortreatmentofwaste;
iii)"Bodily injury" or "property(
c)If such "pollutants" are or were at any damage" arising out of heat,
time transported, handled, stored,smoke or fumes from a "hostiletreated, disposed of, or processed as
fire"; orwastebyorfor:
e)At or from any premises, site or(i)Any insured; or
location on which any insured or any(
ii)Any person or organization for contractors or subcontractorsworkingwhomyoumaybelegallydirectlyorindirectlyonanyinsured'sresponsible;behalf are or were at any time
d)At or from any premises, site or performing operations to test for,
location on which any insured or any monitor, clean up, remove, contain,
contractors or subcontractors working treat, detoxify or neutralize, or inanydirectlyorindirectlyonanyinsured's way respond to, or assess theeffectsbehalfareperformingoperationsiftheof, "pollutants"."
pollutants" are brought on or to the
2)Any loss, cost or expense arising outofpremises, site or location in connection
any:with such operations by such insured,
contractor or subcontractor. However,(a)Request, demand, order or statutoryorthissubparagraphdoesnotapplyto:regulatory requirement that any insured
i)"Bodily injury" or "property or others test for, monitor, clean up,
damage" arising out of the escape remove, contain, treat, detoxify or
of fuels, lubricants or other neutralize, or in any way respond to, or
operating fluids which are needed assess the effects of,"pollutants"; or
CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page3 of 21
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
b)Claim or suit by or on behalf of any (b)The operation of any of the machinery
governmental authority or any other or equipment listed in Paragraph f.(2)
person or organization because of or f.(3)of the definition of "mobile
testing for, monitoring, cleaning up,equipment"; or
removing, containing, treating,(6)An aircraft that is:
detoxifying or neutralizing, or in any (
a)Chartered with a pilot to any insured;way responding to, or assessing the
effects of, "pollutants".(b)Not owned by any insured; and
g. Aircraft, Auto Or Watercraft (c)Not being used to carry any person or
property for a charge."Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or h. Mobile Equipment
entrustment to others of any aircraft, "auto" or "Bodily injury" or "property damage" arisingoutwatercraftownedoroperatedbyorrentedorof:
loaned to any insured. Use includes operation (
1)The transportation of "mobile equipment"and "loading or unloading".
by an "auto" owned or operated byorThisexclusionapplieseveniftheclaimsrentedorloanedtoanyinsured; oragainstanyinsuredallegenegligenceorother (
2)The use of "mobile equipment" in, orwhilewrongdoinginthesupervision, hiring,
in practice for, or while being prepared for,employment, training or monitoring of others by
any prearranged racing, speed, demolition,that insured, if the "occurrence" which caused
or stunting activity.the "bodily injury" or "property damage" involved
the ownership, maintenance, use or i. War
entrustment to others of any aircraft, "auto" or "Bodily injury" or "property damage" arisingoutwatercraftthatisownedoroperatedbyorof:
rented or loaned to any insured.(
1)War, including undeclared or civil war;
This exclusion does not apply to:(
2)Warlike action by a military force, including(
1)A watercraft while ashore on premises you action in hindering or defending againstanownorrent;actual or expected attack, by any
2)A watercraft you do not own that is:government, sovereign or other authority
using military personnel or other agents; or(a)50 feet long or less; and
3)Insurrection, rebellion, revolution, usurped(b)Not being used to carry any person or
power, or action taken bygovernmentalpropertyforacharge;
authority in hindering or defending against(
3)Parking an "auto" on, or on the ways next any of these.
to, premises you own or rent, provided the
j. Damage To Property"auto" is not owned by or rented or loaned
to you or the insured;"Property damage" to:
4)Liability assumed under any "insured (1)Property you own, rent, or occupy,
contract" for the ownership, maintenance or including any costs or expenses incurred
use of aircraft or watercraft;by you, or any other person, organization or
entity, for repair, replacement,(5)"Bodily injury" or "property damage" arising
enhancement, restoration ormaintenanceoutof:
of such property for any reason, including(
a)The operation of machinery or prevention of injury to a person ordamageequipmentthatisattachedto, or part to another's property;
of, a land vehicle that would qualify as (
2)Premises you sell, give away or abandon, if"mobile equipment" under the definition
the "property damage" arises out ofanyof "mobile equipment" if such land
part of those premises;vehicle were not subject to a
compulsory or financial responsibility (3)Property loaned to you;
law, or other motor vehicle insurance (
4)Personal property in the care, custodyorlaw, where it is licensed or principally
control of the insured;garaged; or
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COMMERCIAL GENERAL LIABILITY
5)That particular part of real property on accidental physical injury to "your product" or
which you or any contractors or "your work" after it has been put to its intended
subcontractors working directly or indirectly use.
on your behalf are performing operations, if n. Recall Of Products, Work OrImpairedthe "property damage" arises out of those
Propertyoperations; or
Damages claimed for any loss, cost or expense
6)That particular part of any property that incurred by you or others for the loss of use,
must be restored, repaired or replaced withdrawal, recall, inspection, repair,
because "your work" was incorrectly replacement, adjustment, removal or disposal
performed on it.of:
1)"Your product";Paragraphs (1),(3)and (4)of this exclusion do
not apply to "premises damage". A separate (2)"Your work"; orlimitofinsuranceappliesto "premises damage"(
3)"Impaired property";as described in Paragraph 6.of Section III –
if such product, work, or property iswithdrawnLimitsOfInsurance.
or recalled from the market or from use byanyParagraph(2)of this exclusion does not apply if
person or organization because of a knownorthepremisesare "your work" and were never
suspected defect, deficiency, inadequacyoroccupied, rented or held for rental by you.
dangerous condition in it.
Paragraphs (3),(4),(5)and (6)of this
o. Personal And AdvertisingInjuryexclusiondonotapplytoliabilityassumed
Bodily injury" arising out of "personalandunderasidetrackagreement.
advertising injury".Paragraph (6)of this exclusion does not apply
p. ElectronicDatato "property damage" included in the "products-
completed operations hazard".Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,k. Damage To Your Product
or inability to manipulate "electronic data"."Property damage" to "your product" arising out
of it or any part of it.However, this exclusion does not apply to
liability for damages because of "bodily injury".l. Damage To Your Work
q. Unsolicited Communication"Property damage" to "your work" arising out of
it or any part of it and included in the"products-"Bodily injury" or "property damage" arisingoutcompletedoperationshazard".of any actual or alleged violation of any law that
This exclusion does not apply if the damaged restricts or prohibits the sending, transmitting
work or the work out of which the damage or distributing of "unsolicited communication".
arises was performed on your behalf by a
r. Access Or Disclosure Of ConfidentialOrsubcontractor.
PersonalInformationm. Damage To Impaired Property Or Property "
Bodily injury" or "property damage" arisingoutNotPhysicallyInjured
of any access to or disclosure of any person's"
Property damage" to "impaired property" or or organization's confidential orpersonalpropertythathasnotbeenphysicallyinjured,information.
arising out of:
s. Asbestos(
1)A defect, deficiency, inadequacy or
1)"Bodily injury" or "property damage" arisingdangerousconditionin "your product" or
out of the actual or alleged presence or"your work"; or
actual, alleged or threatened dispersal of(2)A delay or failure by you or anyone acting
asbestos, asbestos fibers orproductsonyourbehalftoperformacontractor
containing asbestos, provided thattheagreementinaccordancewithitsterms."
bodily injury" or "property damage" isThisexclusiondoesnotapplytothelossofusecausedorcontributedtobythehazardousofotherpropertyarisingoutofsuddenandpropertiesofasbestos.
CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page5 of 21
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
2)"Bodily injury" or "property damage" arising employment-related practices described in
out of the actual or alleged presence or Paragraph (a),(b), or (c)above is directed.
actual, alleged or threatened dispersal of This exclusion applies whether the insured may
any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity
or contaminant, including smoke, vapors,and to any obligation to share damages with or
soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages
waste, and that are part of any claim or because of the"bodily injury".
suit" which also alleges any "bodily injury"Exclusions c.through n.do not apply to "premisesor "property damage" described in damage". A separate limit of insurance appliestoParagraph(1)above."premises damage" as described in Paragraph 6.of
Section III – Limits Of Insurance.(3)Any loss, cost or expense arising out of
any:COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY(a)Request, demand, order or statutory or
1. InsuringAgreementregulatoryrequirementthatanyinsured
or others test for, monitor, clean up,a.We will pay those sums that the insured
remove, contain, treat, detoxify or becomes legally obligated to pay as damages
neutralize, or in any way respond to, or because of "personal and advertising injury" to
assess the effects of, asbestos,which this insurance applies. We will have the
asbestos fibers or products containing right and duty to defend the insured against any
asbestos; or "suit" seeking those damages. However, we will
have no duty to defend the insured against any(b)Claim or suit by or on behalf of any "
suit" seeking damages for "personalandgovernmentalauthorityoranyother
advertising injury" to which this insurancedoespersonororganizationbecauseof
not apply. We may, at our discretion,testing for, monitoring, cleaning up,
investigate any offense and settle any claimorremoving, containing, treating,"
suit" that may result. But:detoxifying or neutralizing, or in any
way responding to, or assessing the (1)The amount we will pay for damages is
effects of, asbestos, asbestos fibers or limited as described in Section III – Limits
products containing asbestos.Of Insurance; and
t. Employment-Related Practices (2)Our right and duty to defend end when we
have used up the applicable limit of"Bodily injury" to:
insurance in the payment of judgments or(1)A person arising out of any:
settlements under Coverages A or B or(a)Refusal to employ that person;
medical expenses under Coverage C.(
b)Termination of that person's
No other obligation or liability to pay sumsoremployment; or
perform acts or services is covered unless(c)Employment-related practice, policy,
explicitly provided for underSupplementaryactoromission, such as coercion,
Payments.demotion, evaluation, reassignment,
b.This insurance applies to "personalanddiscipline, failure to promote or
advertising injury" caused by an offensearisingadvance, harassment, humiliation,
out of your business but only if the offensewasdiscrimination, libel, slander, violation
committed in the "coverage territory" duringtheoftheperson's right of privacy,
policy period.malicious prosecution or false arrest,
detention or imprisonment applied to or 2. Exclusionsdirectedatthatperson, regardless of
This insurance does not apply to:whether such practice, policy, act or
a. Knowing Violation Of Rights OfAnotheromissionoccurs, is applied or is
committed before, during or after the "Personal and advertising injury" caused byortimeofthatperson's employment; or at the direction of the insured with the
2)The spouse, child, parent, brother or sister knowledge that the act would violate the rights
of that person as a consequence of "bodily of another and would inflict "personal and
injury" to that person at whom any of the advertising injury".
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COMMERCIAL GENERAL LIABILITY
This exclusion does not apply to "personal against a civil or alternative dispute
injury" caused by malicious prosecution.resolution proceeding in which
damages to which thisinsuranceb. Material Published With Knowledge Of
applies are alleged.Falsity
f. Breach Of Contract"Personal and advertising injury" arising out of
oral or written publication, including publication "Advertising injury" arising out of a breach of
by electronic means, of material, if done by or at contract.
the direction of the insured with knowledge of g. Quality Or Performance Of Goods – Failureitsfalsity.To Conform To Statements
c. Material Published Or Used Prior To Policy "Advertising injury" arising out of the failureofPeriodgoods, products or services to conform with
1)"Personal and advertising injury" arising out any statement of quality or performance made
of oral or written publication, including in your "advertisement".
publication by electronic means, of material h. Wrong Description OfPriceswhosefirstpublicationtookplacebefore "
Advertising injury" arising out of thewrongthebeginningofthepolicyperiod; or
description of the price of goods, products or(
2)"Advertising injury" arising out of services stated in your "advertisement".
infringement of copyright, "title" or "slogan"
i. IntellectualPropertyinyour "advertisement" whose first
infringement in your "advertisement" was "Personal and advertising injury" arising out of
committed before the beginning of the any actual or alleged infringement or violation of
policy period.any of the following rights or laws, or any other
personal and advertising injury" alleged inanyd. Criminal Acts
claim or "suit" that also alleges any such"
Personal and advertising injury" arising out of a infringement or violation:
criminal act committed by or at the direction of (
1)Copyright;the insured.
2)Patent;e. Contractual Liability
3)Trade dress;"Personal and advertising injury" for which the
insured has assumed liability in a contract or (4)Trade name;
agreement. This exclusion does not apply to (5)Trademark;
liability for damages:(
6)Trade secret; or(
1)That the insured would have in the absence (
7)Other intellectual property rights or laws.of the contract or agreement; or
This exclusion does not apply to:(2)Because of "personal injury" assumed by
you in a contract or agreement that is an (1)"Advertising injury" arising out of any actual
insured contract", provided that the or alleged infringement or violation of
personal injury" is caused by an offense another's copyright, "title" or "slogan" in
committed subsequent to the execution of your "advertisement"; or
the contract or agreement. Solely for the
2)Any other "personal and advertising injury"purposes of liability assumed by you in an
alleged in any claim or "suit" that also"insured contract", reasonable attorneys'
alleges any such infringement orviolationfeesandnecessarylitigationexpenses
of another's copyright, "title" or "slogan" inincurredbyorforapartyotherthanan
your "advertisement".insured will be deemed to be damages
because of "personal injury", provided that:j. Insureds In Media And Internet Type
Businesses(a)Liability to such party for, or for the
cost of, that party's defense has also "Personal and advertising injury" caused byanbeenassumedbyyouinthesameoffensecommittedbyaninsuredwhose"
insured contract"; and business is:
b)Such attorneys' fees and litigation (
1)Advertising, "broadcasting" or publishing;expenses are for defense of that party
CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page7 of 21
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
2)Designing or determining content of neutralizing, or in any way responding to, or
websites for others; or assessing the effects of, "pollutants".
3)An Internet search, access, content or o. War
service provider."Personal and advertising injury" arising out of:
However, this exclusion does not apply to (1)War, including undeclared or civil war;
Paragraphs a.(1),(2)and (3)of the definition of (
2)Warlike action by a military force, including"personal injury".
action in hindering or defending againstanForthepurposesofthisexclusion:actual or expected attack, by any
1)Creating and producing correspondence government, sovereign or other authority
written in the conduct of your business,using military personnel or other agents; or
bulletins, financial or annual reports, or (3)Insurrection, rebellion, revolution, usurpednewslettersaboutyourgoods, products or power, or action taken bygovernmentalserviceswillnotbeconsideredtheauthorityinhinderingordefendingagainstbusinessofpublishing; and any of these.
2)The placing of frames, borders or links, or p. UnsolicitedCommunicationadvertising, for you or others anywhere on "
Personal and advertising injury" arising outoftheInternetwillnot, by itself, beconsidered
any actual or alleged violation of any lawthatthebusinessofadvertising, "broadcasting"
restricts or prohibits the sending, transmittingorpublishing.
or distributing of "unsolicited communication".
k. Electronic Chatrooms Or Bulletin Boards
q. Access Or Disclosure Of Confidential Or
Personal and advertising injury" arising out of Personal Information
an electronic chatroom or bulletin board the "Personal and advertising injury" arising outofinsuredhostsorowns, or over which the any access to or disclosure of any person'sorinsuredexercisescontrol.
organization's confidential or personal
l. Unauthorized Use Of Another's Name Or information.
Product r. Asbestos
Personal and advertising injury" arising out of (1)"Personal and advertising injury" arisingouttheunauthorizeduseofanother's name or of the actual or alleged presence or actual,
product in your e-mail address, domain name or alleged or threatened dispersal of asbestos,
metatag, or any other similar tactics to mislead asbestos fibers or productscontaininganother's potential customers.asbestos, provided that the "personal and
m. Pollution advertising injury" is caused or contributed
to by the hazardous properties of asbestos."Personal and advertising injury" arising out of
2)"Personal and advertising injury" arisingouttheactual, alleged or threatened discharge,
of the actual or alleged presence or actual,dispersal, seepage, migration, release or
alleged or threatened dispersal of any solid,escape of "pollutants" at any time.
liquid, gaseous or thermal irritantorn. Pollution-Related contaminant, including smoke, vapors,
Any loss, cost or expense arising out of any:soot, fumes, acids, alkalis, chemicals and
waste, and that are part of any claim or(1)Request, demand, order or statutory or "
suit" which also alleges any "personalandregulatoryrequirementthatanyinsuredor
advertising injury" described inParagraphotherstestfor, monitor, clean up, remove,
1)above.contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects (3)Any loss, cost or expense arising out of
of, "pollutants"; or any:
2)Claim or suit by or on behalf of any (a)Request, demand, order or statutory or
governmental authority or any other person regulatory requirement that any insured
or organization because of testing for,or others test for, monitor, clean up,
monitoring, cleaning up, removing,remove, contain, treat, detoxify or
containing, treating, detoxifying or neutralize, or in any way respond to, or
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COMMERCIAL GENERAL LIABILITY
assess the effects of, asbestos,(3)Because of your operations;
asbestos fibers or products containing provided that:
asbestos; or (
a)The accident takes place in the "coverage(
b)Claim or suit by or on behalf of any territory" and during the policy period;
governmental authority or any other (
b)The expenses are incurred and reportedtopersonororganizationbecauseof
us within one year of the date ofthetestingfor, monitoring, cleaning up,
accident; andremoving, containing, treating,
detoxifying or neutralizing, or in any (c)The injured person submits to examination,
way responding to, or assessing the at our expense, by physicians of our choice
effects of, asbestos, asbestos fibers or as often as we reasonably require.
products containing asbestos.b.We will make these payments regardless of
s. Employment-Related Practices fault. These payments will not exceed the
applicable limit of insurance. We will pay"Personal injury" to:
reasonable expenses for:(
1)A person arising out of any:(
1)First aid administered at the time of an(
a)Refusal to employ that person;accident;
b)Termination of that person's (2)Necessary medical, surgical, X-rayandemployment; or dental services, including prosthetic
c)Employment-related practice, policy,devices; and
act or omission, such as coercion,(3)Necessary ambulance, hospital,
demotion, evaluation, reassignment,professional nursing and funeral services.
discipline, failure to promote or
2. Exclusionsadvance, harassment, humiliation,
We will not pay expenses for "bodily injury":discrimination, libel, slander, violation
of the person's right of privacy,a. Any Insured
malicious prosecution or false arrest,To any insured, except "volunteer workers".
detention or imprisonment applied to or
b. HiredPersondirectedatthatperson, regardless of
whether such practice, policy, act or To a person hired to do work for or on behalf of
omission occurs, is applied or is any insured or a tenant of any insured.
committed before, during or after the c. Injury On Normally OccupiedPremisestimeofthatperson's employment; or
To a person injured on that part of premises
2)The spouse, child, parent, brother or sister you own or rent that the personnormallyofthatpersonasaconsequenceofoccupies."
personal injury" to that person at whom
d. Workers' Compensation And SimilarLawsanyoftheemployment-related practices
To a person, whether or not an "employee" ofdescribedinParagraph (a),(b), or (c)
any insured, if benefits for the "bodily injury" areaboveisdirected.
payable or must be provided under a workers'This exclusion applies whether the insured may
compensation or disability benefits law orabeliableasanemployerorinanyothercapacity
similar law.and to any obligation to share damages with or
e. AthleticsActivitiesrepaysomeoneelsewhomustpaydamages
because of the"personal injury".To a person injured while practicing, instructing
or participating in any physical exercisesorCOVERAGEC – MEDICAL PAYMENTS
games, sports, or athletic contests.1. Insuring Agreement
f. Products-Completed OperationsHazarda.We will pay medical expenses as described
Included within the "products-completedbelowfor "bodily injury" caused by an accident:
operations hazard".(1)On premises you own or rent;
g. Coverage A Exclusions(2)On ways next to premises you own or rent;
or Excluded under Coverage A.
CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page9 of 21
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
SUPPLEMENTARY PAYMENTS assumed by the insured in the same "insured
contract";
1.We will pay, with respect to any claim we
d.The allegations in the "suit" and theinformationinvestigateorsettle, or any "suit" against an insured
we know about the "occurrence" or offensearewedefend:
such that no conflict appears to exist between
a.All expenses we incur.the interests of the insured and the interests of
the indemnitee;b.Up to $2,500 for the cost of bail bonds required
because of accidents or traffic law violations e.The indemnitee and the insured ask us to
arising out of the use of any vehicle to which conduct and control the defense of that
the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that
do not have to furnish these bonds.we can assign the same counsel to defend the
insured and the indemnitee; andc.The cost of bonds to release attachments, but
f.The indemnitee:only for bond amounts within the applicable limit
of insurance. We do not have to furnish these (1)Agrees in writing to:
bonds.(
a)Cooperate with us in the investigation,
d.All reasonable expenses incurred by the settlement or defense of the"suit";
insured at our request to assist us in the (b)Immediately send us copies ofanyinvestigationordefenseoftheclaimor "suit",demands, notices, summonses orlegalincludingactuallossofearningsupto $500 a papers received in connection withthedaybecauseoftimeofffromwork."suit";
e.All court costs taxed against the insured in the (c)Notify any other insurer whose
suit". However, these payments do not include coverage is available to the indemnitee;
attorneys' fees or attorneys' expenses taxed and
against the insured.(
d)Cooperate with us with respect to
f.Prejudgment interest awarded against the coordinating other applicable insurance
insured on that part of the judgment we pay. If available to the indemnitee; and
we make an offer to pay the applicable limit of (2)Provides us with written authorization to:
insurance, we will not pay any prejudgment (
a)Obtain records and otherinformationinterestbasedonthatperiodoftimeafterthe
related to the"suit"; andoffer.
b)Conduct and control the defense oftheg.All interest on the full amount of any judgment
indemnitee in such "suit".that accrues after entry of the judgment and
So long as the above conditions are met, attorneys'before we have paid, offered to pay, or
fees incurred by us in the defense ofthatdepositedincourtthepartofthejudgmentthat
indemnitee, necessary litigation expensesincurrediswithintheapplicablelimitofinsurance.
by us and necessary litigation expenses incurredbyThesepaymentswillnotreducethelimitsof
the indemnitee at our request will be paidasinsurance.
Supplementary Payments. Notwithstanding the
2.If we defend an insured against a "suit" and an provisions of Paragraph 2.b.(2)of Section I –
indemnitee of the insured is also named as a party Coverages – Coverage A – Bodily InjuryAndtothe "suit", we will defend that indemnitee if all of Property Damage Liability or Paragraph 2.e.ofthefollowingconditionsaremet:Section I – Coverages – Coverage B – Personal
And Advertising Injury Liability, such paymentswilla.The "suit" against the indemnitee seeks
not be deemed to be damages for "bodily injury",damages for which the insured has assumed
property damage" or "personal injury", and willnottheliabilityoftheindemniteeinacontractor
reduce the limits of insurance.agreement that is an "insured contract";
b.This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee
by the insured;and to pay for attorneys' fees and necessary
litigation expenses as SupplementaryPaymentsc.The obligation to defend, or the cost of the
ends when:defense of, that indemnitee, has also been
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COMMERCIAL GENERAL LIABILITY
a.We have used up the applicable limit of workers" while performing duties
insurance in the payment of judgments,related to the conduct of your
settlements or medical expenses; or business;
b)To the spouse, child, parent, brotherorb.The conditions set forth above, or the terms of
sister of that co-"employee" ortheagreementdescribedinParagraphf.above,
volunteer worker" as aconsequencearenolongermet.
of Paragraph (1)(a)above;SECTION II – WHO IS AN INSURED
c)For which there is any obligationto1.If you are designated in the Declarations as:
share damages with or repaysomeonea.An individual, you and your spouse are else who must pay damagesbecauseinsureds, but only with respect to the conduct of the injury described inParagraphofabusinessofwhichyouarethesoleowner.(
1)(a)or (b)above; or
b.A partnership or joint venture, you are an (
d)Arising out of his or her providingorinsured. Your members, your partners, and failing to provide professionalhealththeirspousesarealsoinsureds, but only with care services.respect to the conduct of your business.
Unless you are in the businessorc.A limited liability company, you are an insured.occupation of providing professionalhealthYourmembersarealsoinsureds, but only with care services, Paragraphs (1)(a),(b),(c)respect to the conduct of your business. Your and (d)above do not apply to "bodily injury"managers are insureds, but only with respect to arising out of providing or failing toprovidetheirdutiesasyourmanagers.first aid or "Good Samaritan services" by
d.An organization other than a partnership, joint any of your "employees" or "volunteer
venture or limited liability company, you are an workers", other than an employed or
insured. Your "executive officers" and directors volunteer doctor. Any such "employees" or
are insureds, but only with respect to their "volunteer workers" providing or failing to
duties as your officers or directors. Your provide first aid or "Good Samaritan
stockholders are also insureds, but only with services" during their work hours for you
respect to their liability as stockholders.will be deemed to be acting within the
scope of their employment by youore.A trust, you are an insured. Your trustees are
performing duties related to the conductofalsoinsureds, but only with respect to their
your business.duties as trustees.
2)"Property damage" to property:2.Each of the following is also an insured:
a)Owned, occupied or used by;a.Your "volunteer workers" only while performing
b)Rented to, in the care, custodyordutiesrelatedtotheconductofyourbusiness,
control of, or over whichphysicaloryour "employees", other than either your
control is being exercised for any"executive officers" (if you are an organization
purpose by;other than a partnership, joint venture or limited
liability company) or your managers (if you are a you, any of your "employees", "volunteerlimitedliabilitycompany), but only for acts workers", any partner or member (if youarewithinthescopeoftheiremploymentbyyouorapartnershiporjointventure), oranywhileperformingdutiesrelatedtotheconductmember (if you are a limitedliabilityofyourbusiness. However, none of these company)."
employees" or "volunteer workers" are
b.Any person (other than your "employee" orinsuredsfor:"
volunteer worker"), or any organization, while
1)"Bodily injury" or "personal injury":acting as your real estate manager.
a)To you, to your partners or members (if c.Any person or organization havingproperyouareapartnershiporjointventure),temporary custody of your property if you die,
to your members (if you are a limited but only:
liability company), to a co-"employee"(
1)With respect to liability arising out ofthewhileinthecourseofhisorher
maintenance or use of that property; andemploymentorperformingduties
related to the conduct of your (2)Until your legal representative has been
business, or to your other "volunteer appointed.
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COMMERCIAL GENERAL LIABILITY
d.Your legal representative if you die, but only b.Arises out of the ownership, maintenance or
with respect to duties as such. That use of that part of anypremises leased to you.
representative will have all your rights and The insurance provided to such premises owner,
duties under this Coverage Part.manager or lessor is subject to the following
e.Any person or organization that, with your provisions:
express or implied consent, either uses or is a.The limits of insurance provided tosuchresponsiblefortheuseofawatercraftthatyoupremisesowner, manager or lessor will bethedonotownthatis:minimum limits that you agreed to provide in the
1)50 feet long or less; and written contract or agreement, or the limits
shown in the Declarations, whichever are less.(2)Not being used to carry any person or
property for a charge.b.The insurance provided to such premises
owner, manager or lessor does not apply to:3.Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability (1)Any "bodily injury" or "property damage"
company, and of which you are the sole owner or in that occurs, or "personal and advertising
which you maintain an ownership interest of more injury" caused by an offense that is
than 50%, will qualify as a Named Insured if there is committed, after you cease to be a tenant in
no other similar insurance available to that that premises; or
organization. However:(2)Structural alterations, new construction or
a.Coverage under this provision is afforded only demolition operations performed by or on
until the 180th day after you acquire or form the behalf of such premises owner, manager or
organization or the end of the policy period,lessor.
whichever is earlier;5.Any person or organization that is an equipment
b.Coverage A does not apply to "bodily injury" or lessor and that you have agreed in a written contract
property damage" that occurred before you or agreement to include as an additional insured on
acquired or formed the organization; and this Coverage Part is an insured, but only with
respect to liability for "bodily injury", "propertyc.Coverage B does not apply to "personal and
damage", or "personal and advertising injury" that:advertising injury" arising out of an offense
committed before you acquired or formed the a.Is "bodily injury" or "property damage" that
organization.occurs, or is "personal and advertising injury"
caused by an offense that is committed,
For the purposes of Paragraph 1.of Section II –subsequent to the signing of that contractorWhoIsAnInsured, each such organization will be agreement; anddeemedtobedesignatedintheDeclarationsas:
b.Is caused, in whole or in part, by your acts or
a.An organization, other than a partnership, joint omissions in the maintenance, operation oruseventureorlimitedliabilitycompany; or of equipment leased to you by such equipment
lessor.b.A trust;
The insurance provided to such equipment lessorisasindicatedinitsnameorthedocumentsthat
subject to the following provisions:govern its structure.
a.The limits of insurance provided tosuch4.Any person or organization that is a premises equipment lessor will be the minimum limitsthatowner, manager or lessor and that you have agreed you agreed to provide in the written contractorinawrittencontractoragreementtoincludeasanagreement, or the limits shown intheadditionalinsuredonthisCoveragePartisanDeclarations, whichever are less.
insured, but only with respect to liability for "bodily
b.The insurance provided to suchequipmentinjury", "property damage" or "personal and
lessor does not apply to any "bodily injury" oradvertisinginjury" that:"
property damage" that occurs, or "personal
a.Is "bodily injury" or "property damage" that and advertising injury" caused by an offense
that is committed, after the equipmentleaseoccurs, or is "personal and advertising injury"
expires.caused by an offense that is committed,
subsequent to the signing of that contract or No person or organization is an insured with respect to
agreement; and the conduct of any current or past partnership, joint
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COMMERCIAL GENERAL LIABILITY
venture or limited liability company that is not shown as a.The amount shown for the Damage To
a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the
does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or
limited liability company that otherwise qualifies as an b.$300,000 if no amount is shown for the
insured under Section II – Who Is An Insured.Damage To Premises Rented To You Limit in
the Declarations of this Coverage Part.SECTION III – LIMITS OF INSURANCE
7.Subject to Paragraph 5.above, theMedical1.The Limits of Insurance shown in the Declarations
Expense Limit is the most we will payunderandtherulesbelowfixthemostwewillpay
Coverage C for all medical expenses becauseofregardlessofthenumberof:"
bodily injury" sustained by any one person.
a.Insureds;
The Limits of Insurance of this Coverage Part apply
b.Claims made or "suits" brought; or separately to each consecutive annual period and to any
remaining period of less than 12 months, startingwithc.Persons or organizations making claims or
the beginning of the policy period shown inthebringing "suits".
Declarations, unless the policy period is extendedafter2.The General Aggregate Limit is the most we will pay
issuance for an additional period of less than12forthesumof:
months. In that case, the additional period will be
a.Medical expenses under Coverage C;deemed part of the last preceding period for purposes of
determining the Limits of Insurance.b.Damages under Coverage A, except damages
because of "bodily injury" or "property damage"SECTION IV – COMMERCIAL GENERAL LIABILITY
included in the "products-completed operations CONDITIONS
hazard"; and
1. Bankruptcy
c.Damages under Coverage B.
Bankruptcy or insolvency of the insured or of the
3.The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations
Limit is the most we will pay under Coverage A for under this Coverage Part.
damages because of "bodily injury" and "property
2. Duties In The Event Of Occurrence, Offense,damage" included in the "products-completed
Claim OrSuitoperationshazard".
a.You must see to it that we are notified assoon4.Subject to Paragraph 2.above, the Personal And
as practicable of an "occurrence" or anoffenseAdvertisingInjuryLimitisthemostwewillpay
which may result in a claim. To theextentunderCoverageBforthesumofalldamages
possible, notice should include:because of all "personal injury" and "advertising
1)How, when and where the "occurrence" orinjury" sustained by any one person or organization.
offense took place;
5.Subject to Paragraph 2.or 3.above, whichever
2)The names and addresses of anyinjuredapplies, the Each Occurrence Limit is the most we
persons and witnesses; andwillpayforthesumof:
3)The nature and location of any injuryora.Damages under Coverage A; and
damage arising out of the "occurrence" orb.Medical expenses under Coverage C;
offense.
because of all "bodily injury" and "property damage"
b.If a claim is made or "suit" is broughtagainstarisingoutofanyone"occurrence".
any insured, you must:
For the purposes of determining the applicable (
1)Immediately record the specifics oftheEachOccurrenceLimit, all related acts or
claim or "suit" and the date received; andomissionscommittedinprovidingorfailingto
2)Notify us as soon as practicable.provide first aid or "Good Samaritan services" to
any one person will be deemed to be one You must see to it that we receive written notice
occurrence".of the claim or "suit" as soon as practicable.
6.Subject to Paragraph 5.above, the Damage To c.You and any other involved insured must:
Premises Rented To You Limit is the most we will (
1)Immediately send us copies ofanypayunderCoverageAfordamagesbecauseof
demands, notices, summonses or legal"premises damage" to any one premises. The
papers received in connection withtheDamageToPremisesRentedToYouLimitwillbe:
claim or "suit";
CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page13 of 21
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
2)Authorize us to obtain records and other (iii)An executive officer or director of
information;any other organization; or
3)Cooperate with us in the investigation or (iv)A trustee of any trust;
settlement of the claim or defense against
that is your partner, jointventurethe"suit"; and
member, manager or trustee; or
4)Assist us, upon our request, in the (
b)Any employee authorized bysuchenforcementofanyrightagainstany
partnership, joint venture, limitedpersonororganizationwhichmaybeliable
liability company, trust orothertotheinsuredbecauseofinjuryordamage
organization to give notice ofantowhichthisinsurancemayalsoapply."
occurrence" or offense.
d.No insured will, except at that insured's own (
3)Notice to us of such "occurrence" orcost, voluntarily make a payment, assume any offense will be deemed to be given assoonobligation, or incur any expense, other than for as practicable if it is given in good faithasfirstaid, without our consent.soon as practicable to your workers'
compensation insurer. This applies onlyife.The following provisions apply to Paragraph a.
you subsequently give notice to us oftheabove, but only for purposes of the insurance
occurrence" or offense as soonasprovidedunderthisCoverageParttoyouorany
practicable after any of thepersonsinsuredlistedinParagraph1.or 2.of Section II
described in Paragraph e.(1)or (2)above– Who Is An Insured:
discovers that the "occurrence" or offense
1)Notice to us of such "occurrence" or may result in sums to which the insurance
offense must be given as soon as provided under this Coverage Part may
practicable only after the "occurrence" or apply.
offense is known to you (if you are an
However, if this policy includes anendorsementindividual), any of your partners or that provides limited coverage for "bodily injury"
members who is an individual (if you are a or "property damage" or pollution costsarisingpartnershiporjointventure), any of your out of a discharge, release or escapeofmanagerswhoisanindividual (if you are a "pollutants" which contains a requirementthatlimitedliabilitycompany), any of your the discharge, release or escape of "pollutants""
executive officers" or directors (if you are must be reported to us within a specificnumberanorganizationotherthanapartnership,of days after its abrupt commencement, thisjointventure, or limited liability company),Paragraph e.does not affect that requirement.
any of your trustees who is an individual (if
3. Legal Action AgainstUsyouareatrust) or any "employee"
No person or organization has a right underthisauthorizedbyyoutogivenoticeofan
Coverage Part:"occurrence" or offense.
a.To join us as a party or otherwise bring us into(2)If you are a partnership, joint venture,
a "suit" asking for damages from an insured; orlimitedliabilitycompanyortrust, and none
b.To sue us on this Coverage Part unless allofofyourpartners, joint venture members,
its terms have been fully complied with.managers or trustees are individuals, notice
to us of such "occurrence" or offense must A person or organization may sue us to recover on
be given as soon as practicable only after an agreed settlement or on a final judgment against
the"occurrence" or offense is known by:an insured; but we will not be liable for damages
that are not payable under the terms of this(a)Any individual who is:
Coverage Part or that are in excess of the
i)A partner or member of any applicable limit of insurance. An agreed settlement
partnership or joint venture;means a settlement and release of liability signed by
us, the insured, and the claimant or the claimant's(
ii)A manager of any limited liability
legal representative.company;
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COMMERCIAL GENERAL LIABILITY
4. Other Insurance (ii)That is insurance for "premises
damage";If valid and collectible other insurance is available to
iii)If the loss arises out ofthetheinsuredforalosswecoverunderCoveragesA
maintenance or use of aircraft,or B of this Coverage Part, our obligations are
autos" or watercraft to theextentlimitedasdescribedinParagraphsa.and b.below.
not subject to any exclusion inthisAsusedanywhereinthisCoveragePart, other
Coverage Part that appliestoinsurancemeansinsurance, or the funding of
aircraft, "autos" or watercraft;losses, that is provided by, through or on behalf of:
iv)That is insurance available to a(
i)Another insurance company;
premises owner, manager or
ii)Us or any of our affiliated insurance companies,lessor that qualifies as an insured
except when the Non cumulation of Each under Paragraph 4.of Section II –
Occurrence Limit provision of Paragraph 5.of Who Is An Insured, except when
Section III – Limits Of Insurance or the Non Paragraph d.below applies; or
cumulation of Personal and Advertising Injury (v)That is insurance available toanLimitprovisionofParagraph4.of Section III –equipment lessor that qualifiesasLimitsofInsuranceappliesbecausetheaninsuredunderParagraph5.ofAmendment – Non Cumulation Of Each Section II – Who Is An Insured,
Occurrence Limit Of Liability And Non except when Paragraph d.belowCumulationOfPersonalAndAdvertisingInjuryapplies.
Limit endorsement is included in this policy;
b)Any of the other insurance, whether(
iii)Any risk retention group; or primary, excess, contingent or on any
iv)Any self-insurance method or program, in other basis, that is available to the
which case the insured will be deemed to be insured when the insured is an
the provider of other insurance.additional insured, or is any other
insured that does not qualify asaOtherinsurancedoesnotincludeumbrella
named insured, under suchotherinsurance, or excess insurance, that was bought
insurance.specifically to apply in excess of the Limits of
2)When this insurance is excess, wewillInsuranceshownintheDeclarationsofthis
have no duty under Coverages A or BtoCoveragePart.
defend the insured against any "suit" ifanyAsusedanywhereinthisCoveragePart, other other insurer has a duty to defendtheinsurermeansaproviderofotherinsurance. As insured against that "suit". If nootherusedinParagraphc.below, insurer means a insurer defends, we will undertake to do so,
provider of insurance.but we will be entitled to the insured's rights
against all those other insurers.a. Primary Insurance
3)When this insurance is excess overotherThisinsuranceisprimaryexceptwhen
insurance, we will pay only our share oftheParagraphb.below applies. If this insurance is
amount of the loss, if any, that exceedstheprimary, our obligations are not affected unless
sumof:any of the other insurance is also primary.
a)The total amount that all suchotherThen, we will share with all that other insurance
insurance would pay for the loss inthebythemethoddescribedinParagraphc.below,
absence of this insurance; andexceptwhenParagraphd.below applies.
b)The total of all deductible and self-b. Excess Insurance
insured amounts under all that other
1)This insurance is excess over:insurance.
4)We will share the remaining loss, if any,(a)Any of the other insurance, whether
with any other insurance that isnotprimary, excess, contingent or on any
described in this ExcessInsuranceotherbasis:
provision and was not bought specifically to(
i)That is Fire, Extended Coverage,apply in excess of the Limits ofInsuranceBuilder's Risk, Installation Risk or shown in the Declarations of thisCoveragesimilarcoveragefor "your work";Part.
CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page15 of 21
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COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing a.The statements in the Declarations are
accurate and complete;If all of the other insurance permits contribution
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 relianceuponlimitofinsuranceornoneofthelossremains,your representations.
whichever comes first.
The unintentional omission of, or unintentionalerrorIfanyoftheotherinsurancedoesnotpermitin, any information provided by you which wereliedcontributionbyequalshares, we will contribute upon in issuing this policy will not prejudiceyourbylimits. Under this method, each insurer's rights under this insurance. However, thisprovisionshareisbasedontheratioofitsapplicablelimitdoesnotaffectourrighttocollectadditionalofinsurancetothetotalapplicablelimitsofpremiumortoexerciseourrightsofcancellationorinsuranceofallinsurers.nonrenewalin 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, andagreementthattheinsuranceaffordedtoananyrightsordutiesspecificallyassignedinthisinsuredunderthisCoveragePartmustapplyonCoverageParttothefirstNamedInsured, thisaprimarybasis, or a primary and non-insurance applies:
contributory basis, this insurance is primary to
a.As if each Named Insured were theonlyotherinsurancethatisavailabletosuchinsured
Named Insured; andwhichcoverssuchinsuredasanamedinsured,
b.Separately to each insured against whomclaimandwewillnotsharewiththatotherinsurance,
is made or "suit" is brought.provided that:
8. Transfer Of Rights Of Recovery Against Others(1)The "bodily injury" or "property damage" for
ToUswhichcoverageissoughtoccurs; and
If the insured has rights to recover all or part of any(2)The "personal and advertising injury" for
payment we have made under this Coverage Part,which coverage is sought is caused by an
those rights are transferred to us. The insuredmustoffensethatiscommitted;
do nothing after loss to impair them. At our request,subsequent to the signing of that contract or
the insured will bring "suit" or transfer thoserightsagreementbyyou.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, wewillPartinaccordancewithourrulesandrates.
mail or deliver to the first Named Insured shown in
b.Premium shown in this Coverage Part as the Declarations written notice of thenonrenewaladvancepremiumisadepositpremiumonly. 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 besufficienttheearnedpremiumforthatperiodandsendproofofnotice.notice to the first Named Insured. The due date
SECTION V – DEFINITIONSforauditandretrospectivepremiumsisthedate
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
for the purposes of attracting customersorByacceptingthispolicy, you agree:
supporters is considered an advertisement.
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COMMERCIAL GENERAL LIABILITY
2."Advertising injury":b.In, by or with any other electronic means of
communication, such as the Internet, ifthata.Means injury caused by one or more of the
material is part of:following offenses:
1)Radio or television programming being(1)Oral or written publication, including
transmitted;publication by electronic means, of material
in your "advertisement" that slanders or (2)Other entertainment, educational,
libels a person or organization or instructional, music or newsprogrammingdisparagesaperson's or organization's being transmitted; orgoods, products or services, provided that
the claim is made or the"suit" is brought by (3)Advertising transmitted with any of such
a person or organization that claims to have programming.
been slandered or libeled, or that claims to
6."Coverage territory" means:have had its goods, products or services
disparaged;a.The United States of America (including its
territories and possessions), Puerto Rico and(2)Oral or written publication, including
Canada;publication by electronic means, of material
in your "advertisement" that:b.International waters or airspace, but only if the
a)Appropriates a person's name, voice,injury or damage occurs in the course of travel
photograph or likeness; or or transportation between any places included
in Paragraph a.above; or(b)Unreasonably places a person in a
false light; or c.All other parts of the world if the injury or
damage arises out of:(3)Infringement of copyright, "title" or "slogan"
in your "advertisement", provided that the (1)Goods or products made or sold by you in
claim is made or the "suit" is brought by a the territory described in Paragraph a.
person or organization that claims above;
ownership of such copyright, "title" or (
2)The activities of a person whose home is in"slogan".
the territory described in Paragraph a.
b.Includes "bodily injury" caused by one or more above, but is away for a short time onyouroftheoffensesdescribedinParagrapha.business; orabove.(
3)"Personal and advertising injury" offenses3."Auto" means:that take place through the Internet or
a.A land motor vehicle, trailer or semitrailer similar electronic means of communication;
designed for travel on public roads, including provided the insured's responsibility topayanyattachedmachineryorequipment; or damages is determined in a "suit" on the merits in
b.Any other land vehicle that is subject to a the territory described in Paragraph a.above, or in a
compulsory or financial responsibility law, or settlement we agree to.
other motor vehicle insurance law, where it is
7."Electronic data" means information, factsorlicensedorprincipallygaraged.
programs stored as or on, created or used on, orHowever, "auto" does not include "mobile transmitted to or from computer software (includingequipment".systems and applications software), hard or floppy
4."Bodily injury" means:disks, CD-ROMs, tapes, drives, cells, data
processing devices or any other media whicharea.Physical harm, including sickness or disease,
used with electronically controlled equipment.sustained by a person; or
b.Mental anguish, injury or illness, or emotional 8."Employee" includes a "leased worker". "Employee"
distress, resulting at any time from such does not include a "temporary worker".
physical harm, sickness or disease.
9."Executive officer" means a person holding any of
5."Broadcasting" means transmitting any audio or the officer positions created by your charter,
visual material for any purpose:constitution, bylaws or any other similar governing
document.a.By radio or television; or
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COMMERCIAL GENERAL LIABILITY
10."Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or
medical services for which no compensation is crossing;
demanded or received.(2)That indemnifies an architect, engineer or
11."Hostile fire" means a fire which becomes surveyor for injury or damage arising out of:
uncontrollable or breaks out from where it was (a)Preparing, approving, or failingtointendedtobe.prepare or approve, maps, shop
12."Impaired property" means tangible property, other drawings, opinions, reports, surveys,
than "your product" or "your work", that cannot be field orders, change orders or drawings
used or is less useful because:and specifications; or
a.It incorporates "your product" or "your work"(b)Giving directions or instructions, or
that is known or thought to be defective,failing to give them, if that is the
deficient, inadequate or dangerous; or primary cause of the injury or damage;
orb.You have failed to fulfill the terms of a contract
3)Under which the insured, if an architect,or agreement;
engineer or surveyor, assumes liabilityforifsuchpropertycanberestoredtousebythe
an injury or damage arising out oftherepair, replacement, adjustment or removal of "your
insured's rendering or failure torenderproduct" or "your work" or your fulfilling the terms of
professional services, including thoselistedthecontractoragreement.
in Paragraph (2)above and supervisory,
13."Insured contract" means:inspection, architectural or engineering
activities.a.A contract for a lease of premises. However,
that portion of the contract for a lease of 14."Leased worker" means a person leased to you by a
premises that indemnifies any person or labor leasing firm under an agreement between you
organization for "premises damage" is not an and the labor leasing firm, to perform duties related
insured contract";to the conduct of your business. "Leased worker"
does not include a "temporary worker".b.A sidetrack agreement;
15."Loading or unloading" means the handlingofc.Any easement or license agreement, except in
property:connection with construction or demolition
operations on or within 50 feet of a railroad;a.After it is moved from the place where it is
accepted for movement into or onto an aircraft,d.An obligation, as required by ordinance, to
watercraft or "auto";indemnify a municipality, except in connection
with work for a municipality;b.While it is in or on an aircraft, watercraft or
auto"; ore.An elevator maintenance agreement;
c.While it is being moved from an aircraft,f.That part of any other contract or agreement
watercraft or "auto" to the place where itispertainingtoyourbusiness (including an
finally delivered;indemnification of a municipality in connection
with work performed for a municipality) under but "loading or unloading" does not include the
which you assume the tort liability of another movement of property by means of a mechanical
party to pay for "bodily injury", "property device, other than a hand truck, that is not attached
damage" or "personal injury" to a third person to the aircraft, watercraft or "auto".
or organization. Tort liability means a liability 16."Mobile equipment" means any of thefollowingthatwouldbeimposedbylawintheabsenceoftypesoflandvehicles, including anyattachedanycontractoragreement.machinery or equipment:
Paragraph f.does not include that part of any a.Bulldozers, farm machinery, forklifts andothercontractoragreement:vehicles designed for use principally off public
1)That indemnifies a railroad for "bodily roads;
injury" or "property damage" arising out of b.Vehicles maintained for use solely on or nexttoconstructionordemolitionoperations,premises you own or rent;
within 50 feet of any railroad property and
c.Vehicles that travel on crawler treads;affecting any railroad bridge or trestle,
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COMMERCIAL GENERAL LIABILITY
d.Vehicles, whether self-propelled or not,b.An act or omission committed in providing or
maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan
permanently mounted:services" to a person, unless you are in the
business or occupation of providing(1)Power cranes, shovels, loaders, diggers or
professional health care services.drills; or
18."Personal and advertising injury" means "personal(2)Road construction or resurfacing
equipment such as graders, scrapers or injury" or "advertising injury".
rollers;
19."Personal injury":
e.Vehicles not described in Paragraph a.,b.,c.
a.Means injury, other than "advertising injury",or d.above that are not self-propelled and are
caused by one or more of thefollowingmaintainedprimarilytoprovidemobilityto
offenses:permanently attached equipment of the
following types:(1)False arrest, detention or imprisonment;
1)Air compressors, pumps and generators,(
2)Malicious prosecution;including spraying, welding, building
cleaning, geophysical exploration, lighting (3)The wrongful eviction from, wrongful entry
and well servicing equipment; or into, or invasion of the right of private
occupancy of a room, dwelling or premises(2)Cherry pickers and similar devices used to
that a person occupies, provided thattheraiseorlowerworkers;
wrongful eviction, wrongful entry orinvasionf.Vehicles not described in Paragraph a.,b.,c.
of the right of private occupancyisord.above maintained primarily for purposes
committed by or on behalf of the owner,other than the transportation of persons or
landlord or lessor of that room, dwellingorcargo.
premises;
However, self-propelled vehicles with the
4)Oral or written publication, includingfollowingtypesofpermanentlyattached
publication by electronic means, ofmaterialequipmentarenot "mobile equipment" but will
that slanders or libels a personorbeconsidered "autos":
organization or disparages a person's or(1)Equipment designed primarily for:
organization's goods, products or services,
a)Snow removal;provided that the claim is made or the "suit"
is brought by a person or organization that(b)Road maintenance, but not
construction or resurfacing; or claims to have been slandered or libeled, or
that claims to have had its goods, products(c)Street cleaning;
or services disparaged; or(
2)Cherry pickers and similar devices
5)Oral or written publication, includingmountedonautomobileortruckchassis
publication by electronic means, ofmaterialandusedtoraiseorlowerworkers; and
that:(3)Air compressors, pumps and generators,
including spraying, welding, building (a)Appropriates a person's name, voice,
cleaning, geophysical exploration, lighting photograph or likeness; or
and well servicing equipment.
b)Unreasonably places a person inaHowever, "mobile equipment" does not include any false light.
land vehicle that is subject to a compulsory or
b.Includes "bodily injury" caused by one ormorefinancialresponsibilitylaw, or other motor vehicle
insurance law, where it is licensed or principally of the offenses described in Paragraph a.
garaged. Such land vehicles are considered above.
autos".
20."Pollutants" mean any solid, liquid, gaseous or
17."Occurrence" means:thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicalsanda.An accident, including continuous or repeated
waste. Waste includes materials to be recycled,exposure to substantially the same general
reconditioned or reclaimed.harmfulconditions; or
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COMMERCIAL GENERAL LIABILITY
21."Premises damage" means:contract calls for work at more than
onejob site.a.With respect to the first paragraph of the
exceptions in Exclusion j.of Section I –(c)When that part of the work done at a
Coverage A – Bodily Injury And Property job site has been put to its intended
Damage Liability, "property damage" to any use by any person or organization other
premises while rented to you for a period of than another contractor or
seven or fewer consecutive days, including the subcontractor working on the same
contents of such premises; or project.
b.With respect to the exception to Exclusions c.Work that may need service, maintenance,
through n.in the last paragraph of Paragraph 2.correction, repair or replacement, butwhichofSectionI – Coverage A – Bodily Injury And is otherwise complete, will be treatedasPropertyDamageLiability, "property damage" to completed.
any premises while rented to you for a period of
b.Does not include "bodily injury" or "propertymorethansevenconsecutivedays, or while
damage" arising out of:temporarily occupied by you with permission of
the owner, caused by:(1)The transportation of property, unless the
injury or damage arises out of a condition in(1)Fire;
or on a vehicle not owned or operated by(
2)Explosion;you, and that condition was created by the
3)Lightning;"loading or unloading" of that vehicle by any
insured;(4)Smoke resulting from fire, explosion or
lightning; or (2)The existence of tools, uninstalled
equipment or abandoned or unused(5)Water.
materials; orBut "premises damage" under this Paragraph
3)Products or operations for whichtheb.does not include "property damage" to any
classification, listed in the Declarationsorpremisescausedby:
in a policy Schedule, states that products-(
1)Rupture, bursting, or operation of pressure completed operations are subject tothereliefdevices;General Aggregate Limit.
2)Rupture or bursting due to expansion or 23."Property damage" means:
swelling of the contents of any building or
a.Physical injury to tangible property, includingallstructurecausedbyorresultingfromwater;
resulting loss of use of that property. Allsuchorlossofusewillbedeemedtooccuratthetime of
3)Explosion of steam boilers, steam pipes,the physical injury that caused it; or
steam engines or steam turbines.
b.Loss of use of tangible property that is not
physically injured. All such loss of use willbe22."Products-completed operations hazard":
deemed to occur at the time of the "occurrence"
a.Includes all "bodily injury" and "property that caused it.
damage" occurring away from premises you
For the purposes of this insurance, "electronic data"own or rent and arising out of "your product" or
is not tangible property."your work" except:
24."Slogan":(1)Products that are still in your physical
a.Means a phrase that others use for thepurposepossession; or
of attracting attention in their advertising.(
2)Work that has not yet been completed or
b.Does not include a phrase used as, or in, theabandoned. However, "your work" will be
name of:deemed completed at the earliest of the
following times:(1)Any person or organization, other than you;
or(a)When all of the work called for in your
contract has been completed.(2)Any business, or any of the premises,
goods, products, services or work, of any(b)When all of the work to be done at the
person or organization, other than you.job site has been completed if your
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COMMERCIAL GENERAL LIABILITY
25."Suit" means a civil proceeding in which damages (a)You;
because of "bodily injury", "property damage" or (b)Others trading under your name; or"
personal and advertising injury" to which this (
c)A person or organizationwhoseinsuranceappliesarealleged. "Suit" includes:
business or assets you have acquired;
a.An arbitration proceeding in which such and
damages are claimed and to which the insured (
2)Containers (other than vehicles), materials,
must submit or does submit with our consent;parts or equipment furnished inconnectionorwithsuchgoodsorproducts.
b.Any other alternative dispute resolution b.Includes:
proceeding in which such damages are claimed (
1)Warranties or representations made atanyandtowhichtheinsuredsubmitswithour
time with respect to the fitness, quality,consent.
durability, performance or use of "your
26."Temporary worker" means a person who is product"; andfurnishedtoyoutosubstituteforapermanent (
2)The providing of or failure to provide"employee" on leave or to meet seasonal or short-
warnings or instructions.term workload conditions.
c.Does not include vending machines orother27."Title" means a name of a literary or artistic work.
property rented to or located for the use of
28."Unsolicited communication" means any others but not sold.
communication, in any form, that the recipient of
31."Your work":such communication did not specifically request to
a.Means:receive.
1)Work or operations performed by you oron29."Volunteer worker" means a person who is not your
your behalf; and"employee", and who donates his or her work and
acts at the direction of and within the scope of (2)Materials, parts or equipment furnishedindutiesdeterminedbyyou, and is not paid a fee,connection with such work or operations.
salary or other compensation by you or anyone else
b.Includes:for their work performed for you.
1)Warranties or representations made atany30."Your product":
time with respect to the fitness, quality,
a.Means:durability, performance or use of "your
1)Any goods or products, other than real work"; and
property, manufactured, sold, handled,(2)The providing of or failure toprovidedistributedordisposedofby:warnings or instructions.
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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 – RailroadsOperationsF.Damage To Premises Rented To You
PROVISIONS a.An organization other than a partnership, joint
venture or limited liability company; orA. WHO IS AN INSURED – UNNAMED
b.A trust;SUBSIDIARIES
The following is added to SECTION II – 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 – PERMITSORnotshownasaNamedInsuredintheAUTHORIZATIONSRELATINGTOOPERATIONSDeclarationsisaNamedInsuredif:
The following is added to SECTION II – WHOISa.You are the sole owner of, or maintain an
AN INSURED:
ownership interest of more than 50% in, such
Any governmental entity that has issued apermitsubsidiaryonthefirstdayofthepolicyperiod;
or authorization with respect tooperationsand
performed by you or on your behalf and thatyoub.Such subsidiary is not an insured under are required by any ordinance, law, buildingcodesimilarotherinsurance.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
injury", "property damage" or "personalandandadvertisinginjury" caused by an offense
advertising injury" arising out of such operations.committed:
The insurance provided to suchgovernmentala.Before you maintained an ownership interest
entity does not apply to:of more than 50% in such subsidiary; or
a.Any "bodily injury", "property damage" orb.After the date, if any, during the policy period
personal and advertising injury" arising outofthatyounolongermaintainanownership
operations performed for thegovernmentalinterestofmorethan50% in such subsidiary.
entity; orForpurposesofParagraph1.of Section II – Who
b.Any "bodily injury" or "property damage"Is An Insured, each such subsidiary will be
included in the "products-completeddeemedtobedesignatedintheDeclarationsas:
operations hazard".
CG D3 16 02 19 ú 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 pharmaceuticals committed by, or with the
knowledge or consent of, the insured.1.The following replaces Paragraph b.of the
definition of "occurrence" in the 5.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
a.Medical, surgical, dental, laboratory, x-rayservices", first aid or "Good Samaritan
or nursing service or treatment, adviceorservices" to a person, unless you are in
instruction, or the related furnishingofthebusinessoroccupationofproviding
food or beverages; orprofessionalhealthcareservices.
b.The furnishing or dispensing of drugsor2.The following replaces the last paragraph of
medical, dental, or surgical suppliesorParagraph2.a.(1)of SECTION II – WHO IS
appliances.AN INSURED:
6.The following is added to Paragraph 4.b.,Unless you are in the business or occupation
Excess Insurance, of SECTION IV –of providing professional health care services,
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
failing to provide "incidental medical services"(b)First aid or "Good Samaritan services" by
to any person to the extent not subjecttoanyofyour "employees" or "volunteer
workers", other than an employed or Paragraph 2.a.(1)of Section II – Who Is An
volunteer doctor. Any such "employees"Insured.
or "volunteer workers" providing or failing D. BLANKET WAIVER OFSUBROGATIONtoprovidefirstaidor "Good Samaritan
The following is added to Paragraph 8.,Transferservices" during their work hours for you
Of Rights Of Recovery Against Others To Us,will be deemed to be acting within the
of SECTION IV – COMMERCIALGENERALscopeoftheiremploymentbyyouor
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
organization, but only for payments wemakeForthepurposesofdeterminingthe
because of:applicable Each Occurrence Limit, all related
acts or omissions committed in providing or a."Bodily injury" or "property damage" thatfailingtoprovide "incidental medical occurs; orservices", first aid or "Good Samaritan
b."Personal and advertising injury" causedbyservices" to any one person will be deemed to
an offense that is committed;be one "occurrence".
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 – RAILROADSINJURYANDPROPERTYDAMAGE
LIABILITY:1.The following replaces Paragraph c.of the
definition of "insured contract" intheSaleOfPharmaceuticals
DEFINITIONS Section:"Bodily injury" or "property damage" arising
out of the violation of a penal statute or c.Any easement or license agreement;
ordinance relating to the sale of
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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
premises is rented to you, if you rentsuchThefollowingreplacesthedefinitionof "premises
premises for a period of seven orfewerdamage" in the DEFINITIONS Section:
consecutive days."
Premises damage" means "property damage" to:
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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.
H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMITC. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSSF. HIRED AUTO – LIMITED WORLDWIDE COV-
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
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
The following is added to Paragraph A.1.,Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
C. EMPLOYEE HIREDAUTOAnyorganizationyounewlyacquireorformdur-
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 this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
1.The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II – COV-
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.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:
2.The following replaces Paragraph b. in B.5.,
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:
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" or
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
1)Any covered "auto" you lease, hire,
rent or borrow; 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 ú 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
related to the conduct of your busi-
ness.
a)With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".(i)You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings and ac-
tions.
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1.,Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
ii)Neither you nor any other involved
insured" will make any settlement
without our consent.
Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
iii)We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
suit".
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
1.The following replaces Paragraph A.2.a.(2),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE:(
iv)We will reimburse the "insured" for
sums that the "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 II – COVERED AUTOS
LIABILITY 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:
v)We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion 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 II – 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.
4)All reasonable expenses incurred by the
insured" at our request, including actual
loss of earnings up to $500 a day be-
cause of time off from work.
F. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY 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 pro-
hibits the transaction of business with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that 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.
b)This insurance is excess over any valid
and collectible other insurance 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 States, its ter-
ritories and possessions, Puerto Rico and
Canada.
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COMMERCIAL AUTO
2)In or on your covered "auto".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.
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 following is added to Paragraph B.3.,Exclu-
sions, of SECTION III – PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own 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:
d)It is understood that we are not an admit-
ted or authorized insurer outside the
United States 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.
a.If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b.The airbags are not covered under any war-
ranty; andG. WAIVER OF DEDUCTIBLE – GLASS
c.The airbags were not intentionally inflated.The following is added to Paragraph D.,Deducti-
ble, of SECTION III – PHYSICAL DAMAGE
COVERAGE:
We will pay up to a maximum of $1,000 for any
one "loss".
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT Your duty 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:
The following replaces the last sentence of Para-
graph A.4.b.,Loss Of Use Expenses, of SEC-
TION III – PHYSICAL DAMAGE COVERAGE:
a)You (if you are an individual);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".
b)A partner (if you are a partnership);
c)A member (if you are a limited liability com-
pany);I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT (d)An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
The following replaces the first sentence in Para-
graph A.4.a.,Transportation Expenses, of
SECTION III – PHYSICAL DAMAGE COVER-
AGE:
e)Any "employee" authorized by you to give no-
tice of the "accident" or "loss".
We will pay up to $50 per day to a maximum of
1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5.,Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:J. PERSONAL PROPERTY
5. Transfer Of Rights Of Recovery Against
Others To Us
The following is added to Paragraph A.4.,Cover-
age Extensions, of SECTION III – PHYSICAL
DAMAGE COVERAGE:We waive any right of recovery we may have
against any person or organization to the ex-
tent 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
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
CA T3 53 02 15 ú 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
person or organization designated in such
contract.
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non-renewal.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2.,Con-
cealment, Misrepresentation, Or Fraud, of
SECTION IV – BUSINESS AUTO CONDITIONS:
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UMBRELLA
EXCESS FOLLOW-FORM AND UMBRELLA
LIABILITY INSURANCE
PLEASE READ THE ENTIRE POLICY CAREFULLY.
2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 1 of 22
SECTION I – COVERAGES
A.COVERAGE A – EXCESS FOLLOW-FORM
LIABILITY
1.We will pay on behalf of the insured those
sums, in excess of the "applicable underlying
limit", that the insured becomes legally
obligated to pay as damages to which
Coverage A of this insurance applies,
provided that the "underlying insurance" would
apply to such damages but for the exhaustion
of its applicable limits of insurance. If a
sublimit is specified in any "underlying
insurance", Coverage A of this insurance
applies to damages that are in excess of that
sublimit only if such sublimit is shown for that
underlying insurance" in the Schedule Of
Underlying Insurance.
2.Coverage A of this insurance is subject to the
same terms, conditions, agreements,
exclusions and definitions as the "underlying
insurance", except with respect to any
THIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE.
COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING
CLAIMS-MADE UNDERLYING INSURANCE.
COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN
FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE
EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE
LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING
INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY
WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS
POLICY.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any
other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our"
refer to the company providing this insurance.
The word "insured" means any person or organization qualifying as such under SECTION II – WHO IS AN
INSURED.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI –
DEFINITIONS.
provisions to the contrary contained in this
insurance.
3.The amount we will pay for damages is limited
as described in SECTION III – LIMITS OF
INSURANCE.
4.For the purposes of Paragraph 1. above:
a.The applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
will be considered to be reduced or
exhausted only by the following
payments:
1)Payments of judgments or
settlements for damages that are
covered by that "underlying
insurance". However, if such
underlying insurance" has a policy
period which differs from the policy
period of this Excess Follow-Form
And Umbrella Liability Insurance, any
such payments for damages that
would not be covered by this Excess
2016 The Travelers Indemnity Company. All rights reserved.Page 2 of 22 EU 00 01 07 16
UMBRELLA
Follow-Form And Umbrella Liability
Insurance because of its different
policy period will not reduce or
exhaust the applicable limit of
insurance stated for such "underlying
insurance";
2)Payments of "medical expenses" that
are covered by that "underlying
insurance" and are incurred for
bodily injury" caused by an accident
that takes place during the policy
period of this Excess Follow-Form
And Umbrella Liability Insurance; or
3)Payments of defense expenses that
are covered by that "underlying
insurance", only if such "underlying
insurance" includes such payments
within the limits of insurance.
However, if such "underlying
insurance" has a policy period which
differs from the policy period of this
Excess Follow-Form And Umbrella
Liability Insurance, any such
payments for defense expenses that
would not be covered by this Excess
Follow-Form And Umbrella Liability
Insurance because of its different
policy period will not reduce or
exhaust the applicable limit of
insurance stated for such "underlying
insurance".
If the applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
is actually reduced or exhausted by other
payments, Coverage A of this insurance
is not invalidated. However, in the event
of a loss, we will pay only to the extent
that we would have paid had such limit
not been actually reduced or exhausted
by such other payments.
b.If any "underlying insurance" has a limit of
insurance greater than the amount shown
for that insurance in the Schedule of
Underlying Insurance, this insurance will
apply in excess of that greater amount. If
any "underlying insurance" has a limit of
insurance, prior to any reduction or
exhaustion by payment of damages,
medical expenses" or defense expenses
described in Paragraph a. above, that is
less than the amount shown for that
insurance in the Schedule Of Underlying
Insurance, this insurance will apply in
excess of the amount shown for such
insurance in the Schedule Of Underlying
Insurance.
5.When the "underlying insurance" applies on a
claims-made basis and includes a retroactive
date provision, the retroactive date for
Coverage A of this insurance is the same as
the retroactive date of that "underlying
insurance".
B. COVERAGE B – UMBRELLA LIABILITY
1.We will pay on behalf of the insured those
sums in excess of the "self-insured retention"
that the insured becomes legally obligated to
pay as damages because of "bodily injury",
property damage", "personal injury" or
advertising injury" to which Coverage B of
this insurance applies.
2.Coverage B of this insurance applies to
bodily injury" or "property damage" only if:
a.The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place anywhere in the world;
b.The "bodily injury" or "property damage"
occurs during the policy period; and
c.Prior to the policy period, no insured listed
under Paragraph 1. in Paragraph B.,
COVERAGE B – UMBRELLA
LIABILITY, of SECTION II – 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" or "property damage" had
occurred, in 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, in whole or in part, 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.
3.Coverage B of this insurance applies to
personal injury" or "advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed during the policy period
anywhere in the world.
4.The amount we will pay for damages is limited
as described in SECTION III – LIMITS OF
INSURANCE.
5. "Bodily injury" or "property damage":
a.Which occurs during the policy period; and
b.Which was not prior to, but was during, the
policy period known to have occurred by
any insured listed under Paragraph 1. in
Paragraph B., COVERAGE B –
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UMBRELLAUMBRELLA
UMBRELLA LIABILITY of SECTION II –
WHO IS AN INSURED, or any "employee"
authorized by you to give notice of an
occurrence" or claim;
includes any continuation, change or
resumption of the "bodily injury" or "property
damage" after the end of the policy period.
6."Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any insured
listed under Paragraph 1. in Paragraph B.,
COVERAGE B – UMBRELLA LIABILITY, of
SECTION II – WHO IS AN INSURED or any
employee" authorized by you to give or
receive notice of an "occurrence" or claim:
a.Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
b.Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
c.Becomes aware by any other means that
the "bodily injury" or "property damage"
has occurred or has begun to occur.
7.Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".
8.Coverage B of this insurance does not apply
to damages covered by any "underlying
insurance" or that would have been covered
by any "underlying insurance" but for the
exhaustion of its applicable limit of insurance.
C.COVERAGE C – CRISIS MANAGEMENT
SERVICE EXPENSES
1.We will reimburse the insured, or pay on the
insured's behalf, "crisis management service
expenses" to which Coverage C applies.
2.Coverage C of this insurance applies to "crisis
management service expenses" that:
a.Arise out of a "crisis management event"
that first commences during the policy
period;
b.Are incurred by the insured, after a "crisis
management event" first commences and
before such event ends; and
c.Are submitted to us within 180 days after
the "crisis management advisor" advises
you that the "crisis management event"
no longer exists.
3.A "crisis management event" will be deemed
to:
a.First commence at the time when any
executive officer" first becomes aware of
an "event" or "occurrence" that leads to
that "crisis management event"; and
b.End when we decide that the crisis no
longer exists or when the Crisis
Management Service Expenses Limit has
been exhausted, whichever occurs first.
4.The amount we will pay for "crisis
management service expenses" is limited as
described in SECTION III – LIMITS OF
INSURANCE.
5.A "self-insured retention" does not apply to
crisis management service expenses".
6.Any payment of "crisis management service
expenses" that we make will not be
determinative of our obligations under this
insurance with respect to any claim or "suit" or
create any duty to defend or indemnify any
insured for any claim or "suit".
D.DEFENSE AND SUPPLEMENTARY PAYMENTS
1.We will have the right and duty to defend the
insured:
a.Under Coverage A, against a "suit"
seeking damages to which such coverage
applies, if:
1)The "applicable underlying limit" is the
applicable limit of insurance stated for
a policy of "underlying insurance" in
the Schedule Of Underlying
Insurance and such limit has been
exhausted solely due to payments as
permitted in Paragraphs 4.a.(1), (2)
and (3) of COVERAGE A – EXCESS
FOLLOW-FORM LIABILITY of
SECTION I – COVERAGES; or
2)The "applicable underlying limit" is the
applicable limit of any "other
insurance" and such limit has been
exhausted by payments of judgments,
settlements or medical expenses, or
related costs or expenses (if such
costs or expenses reduce such
limits).
For any "suit" for which we have the right
and duty to defend the insured under
Coverage A, defense expenses will be
within the limits of insurance of this policy
when such expenses are within the limits
of insurance of the applicable "underlying
insurance"; or
b.Under Coverage B, against a "suit"
seeking damages to which such coverage
applies.
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UMBRELLA
2.We have no duty to defend any insured
against any "suit":
a.Seeking damages to which this insurance
does not apply; or
b.If any other insurer has a duty to defend.
3.When we have the duty to defend, we may, at
our discretion, investigate and settle any claim
or "suit". In all other cases, we may, at our
discretion, participate in the investigation,
defense and settlement of any claim or "suit"
for damages to which this insurance may
apply. If we exercise such right to participate,
all expenses we incur in doing so will not
reduce the applicable limits of insurance.
4.Our duty to defend ends when we have used
up the applicable limit of insurance in the
payment of judgments or settlements, or
defense expenses if such expenses are within
the limits of insurance of this policy.
5.We will pay, with respect to a claim we
investigate or settle, or "suit" against an
insured we defend:
a.All expenses we incur.
b.The cost of:
1)Bail bonds required because of
accidents or traffic law violations
arising out of the use of any vehicle to
which this insurance applies; or
2)Appeal bonds and bonds to release
attachments;
but only for bond amounts within the
applicable limit of insurance. We do not
have to furnish these bonds.
c.All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of such claim or
suit", including actual loss of earnings up
to $1,000 a day because of time off from
work.
d.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.
e.Prejudgment interest awarded against the
insured on 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 time after the offer.
f.All interest that accrues on the full amount
of any judgment after entry of the
judgment and before we have paid,
offered to pay or deposited in court the
part of the judgment that is within the
applicable limit of insurance. If we do not
pay part of the judgment for any reason
other than it is more than the applicable
limit of insurance, we will not pay any
interest that accrues on that portion of the
judgment.
With respect to a claim we investigate or
settle, or "suit" against an insured we defend
under COVERAGE A – EXCESS FOLLOW-
FORM LIABILITY, these payments will not
reduce the applicable limits of insurance, but
only if the applicable "underlying insurance"
provides for such payments in addition to its
limits of insurance. With respect to a claim we
investigate or settle, or "suit" against an
insured we defend under COVERAGE B –
UMBRELLA LIABILITY, these payments will
not reduce the applicable limits of insurance.
SECTION II – WHO IS AN INSURED
A.COVERAGE A – EXCESS FOLLOW-FORM
LIABILITY
With respect to Coverage A, the following persons
and organizations qualify as insureds:
1.The Named Insured shown in the
Declarations; and
2.Any other person or organization qualifying as
an insured in the "underlying insurance". If
you have agreed to provide insurance for that
person or organization in a written contract or
agreement:
a.The limits of insurance afforded to such
person or organization will be:
1)The amount by which the minimum
limits of insurance you agreed to
provide such person or organization
in that written contract or agreement
exceed the total limits of insurance of
all applicable "underlying insurance";
or
2)The limits of insurance of this policy;
whichever is less; and
b.Coverage under this policy does not apply
to such person or organization if the
minimum limits of insurance you agreed
to provide such person or organization in
that written contract or agreement are
wholly within the total limits of insurance
of all available applicable "underlying
insurance".
B.COVERAGE B – UMBRELLA LIABILITY
With respect to Coverage B:
1.The Named Insured shown in the
Declarations is an insured.
2.If you are:
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UMBRELLAUMBRELLA
a.An individual, your spouse is also an
insured, but only with respect to the
conduct of a business of which you are
the sole owner.
b.A partnership or joint venture, 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, your members
are also insureds, but only with respect to
the conduct of your business. Your
managers are also 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 "officers" and directors are also
insureds, but only with respect to their
duties as your "officers" or directors. Your
stockholders are also insureds, but only
with respect to their liability as
stockholders.
e.A trust, your trustees are also insureds,
but only with respect to their duties as
trustees.
3.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 "officers" (if you are
an organization other than a partnership,
joint venture or limited liability company)
or 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 for:
1)"Bodily injury" or "personal injury":
a)To you, to your partners or
members (if you are a partnership
or joint venture), to your members
if you are a limited liability
company), to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
volunteer workers" while
performing duties related to the
conduct of your business;
b)To the spouse, child, parent,
brother or sister of that co-
employee" or "volunteer worker"
as a consequence of Paragraph
1)(a) above;
c)For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraph (1)(a) or
b) above; or
d)Arising 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 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.
2)"Property damage" to property:
a)Owned, occupied or used by; or
b)Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by;
you, any of your "employees" or
volunteer workers", any of your
partners or members (if you are a
partnership or joint venture), or any of
your members (if you are a limited
liability company).
b.Any person (other than your "employee"
or "volunteer worker"), or any
organization, while acting as your real
estate manager.
c.Any person 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 appointed.
d.Your legal representative if you die, but
only with respect to duties as such. That
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UMBRELLA
representative will have all your rights and
duties under this insurance.
4.Any organization, other than a partnership,
joint venture or limited liability company, of
which you are the sole owner, or in which you
maintain an ownership interest of more than
50%, on the first day of the policy period is an
insured and will qualify as a Named Insured.
No such organization is an insured or will
qualify as a Named Insured for "bodily injury"
or "property damage" that occurred, or
personal injury" or "advertising injury" caused
by an offense committed after the date, if any,
during the policy period, that you no longer
maintain an ownership interest of more than
50% in such organization.
5.Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and of which you are
the sole owner, or in which you maintain an
ownership interest of more than 50%, is an
insured and will qualify 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 form the organization or the end of the
policy period, whichever is earlier; and
b.Coverage for such organization does not
apply to:
1)"Bodily injury" or "property damage"
that occurred; or
2)"Personal injury" or "advertising
injury" arising out of an offense
committed;
before you acquired or formed the
organization.
No person or organization is an insured or will
qualify as a Named Insured with respect to the
conduct of any current or past partnership, joint
venture 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 Paragraph B. of SECTION II – WHO IS AN
INSURED.
C.COVERAGE C – CRISIS MANAGEMENT
SERVICE EXPENSES
With respect to Coverage C, the following persons
and organizations are insureds and will qualify as
Named Insureds:
1.The Named Insured shown in the
Declarations.
2.Any organization, other than a partnership,
joint venture or limited liability company, of
which you are the sole owner, or in which you
maintain an ownership interest of more than
50%, on the first day of the policy period. No
such organization is an insured or will qualify
as a Named Insured for "crisis management
service expenses" arising out of a "crisis
management event" that first commences
after the date, if any, during the policy period,
that you no longer maintain an ownership
interest of more than 50% in such
organization.
3.Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and of which you are
the sole owner, or in which you maintain an
ownership interest of more than 50%, 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 form the organization or the end of the
policy period, whichever is earlier; and
b.Coverage for such organization does not
apply to "crisis management service
expenses" arising out of a "crisis
management event" that occurred before
you acquired or formed the organization,
even if an "executive officer" only first
becomes aware of an "event" or
occurrence" that leads to such "crisis
management event" after the date you
acquired or formed the organization.
No person or organization is an insured or will
qualify as a Named Insured with respect to the
conduct of any current or past partnership, joint
venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
A.The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay for the
amounts described below to which this insurance
applies regardless of the number of:
1.Insureds;
2.Claims made or "suits" brought;
3.Number of vehicles involved;
4.Persons or organizations making claims or
bringing "suits"; or
5.Coverages provided under this insurance.
As indicated in Paragraph D.1. of SECTION I –
COVERAGES, for any "suit" for which we have
the right and duty to defend the insured under
Coverage A, defense expenses will be within the
UMBRELLA
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UMBRELLA
limits of insurance of this policy when such
expenses are within the limits of insurance of the
applicable "underlying insurance".
B.The General Aggregate Limit is the most we will
pay for the sum of all:
1.Damages; and
2.Defense expenses if such expenses are
within the limits of insurance of this policy;
except:
1.Damages and defense expenses because of
bodily injury" or "property damage" included
in the "auto hazard";
2.Damages and defense expenses because of
bodily injury" or "property damage" included
in the "products-completed operations
hazard"; or
3.Damages and defense expenses for which
insurance is provided under any Aircraft
Liability coverage included as "underlying
insurance" to which no aggregate limit
applies.
C.The Products-Completed Operations Aggregate
Limit is the most we will pay for the sum of all:
1.Damages; and
2.Defense expenses if such expenses are
within the limits of insurance of this policy;
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard".
D.Subject to Paragraph B. or C. above, whichever
applies, the Occurrence Limit is the most we will
pay for the sum of all:
1.Damages, and defense expenses if such
expenses are within the limits of insurance of
this policy, under Coverage A arising out of
any one "event" to which the "underlying
insurance" applies a limit of insurance that is
separate from any aggregate limit of
insurance; and
2.Damages under Coverage B because of all
bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
one "occurrence".
For the purposes of determining the applicable
Occurrence Limit, all related acts or omissions
committed in the providing or failing to provide
first aid or "Good Samaritan services" to any one
person will be considered one "occurrence".
E.The Crisis Management Service Expenses Limit
is the most we will pay for the sum of all "crisis
management service expenses" arising out of all
crisis management events". Payment of such
crisis management service expenses" is in
addition to, and will not reduce, any other limit of
insurance of this policy.
F.The limits of insurance of this policy 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. If the policy period is
extended after issuance for an additional period of
less than 12 months, the additional period will be
deemed part of the last preceding period for
purposes of determining the limits of insurance.
SECTION IV – EXCLUSIONS
This insurance does not apply to:
A.With respect to Coverage A and Coverage B:
1.Asbestos
a.Damages arising out of the actual or
alleged presence or actual, alleged or
threatened dispersal of asbestos,
asbestos fibers or products containing
asbestos, provided that the damages are
caused or contributed to by the hazardous
properties of asbestos.
b.Damages 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 that are part of any claim or
suit" which also alleges any damages
described in Paragraph a. above.
c.Any loss, cost or expense arising out of
any:
1)Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
asbestos, asbestos fibers or products
containing asbestos; 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, asbestos, asbestos
fibers or products containing asbestos.
2.Employment-Related Practices
Damages because of injury to:
a.A person arising out of any:
1)Refusal to employ that person;
2)Termination of that person's
employment; or
UMBRELLA
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3)Employment-related practice, policy,
act or omission, such as coercion,
demotion, evaluation, reassignment,
discipline, failure to promote or
advance, harassment, humiliation,
discrimination, libel, slander, violation
of the person's right of privacy,
malicious prosecution or false arrest,
detention or 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
time of that person's employment; or
b.The spouse, child, parent, brother or
sister of that person as a consequence of
injury to that person as described in
Paragraphs a.(1), (2) or (3) above.
This exclusion applies:
a.Whether the insured may be liable as an
employer or in any other capacity; and
b.To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
3.ERISA, COBRA And Similar Laws
Any obligation of the insured under:
a.The Employees Retirement Income
Security Act Of 1974 (ERISA) or any of
its amendments;
b.The Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA) or
any of its amendments; or
c.Any similar common or statutory law of
any jurisdiction.
4.Medical Expenses Or Payments
Any obligation of the insured under any
medical expenses" or medical payments
coverage.
5.Nuclear Material
Damages arising out of:
a.The actual, alleged or threatened
exposure of any person or property to; or
b.The "hazardous properties" of;
any "nuclear material".
As used in this exclusion:
a."Hazardous properties" includes
radioactive, toxic or explosive properties;
b."Nuclear material" means "source
material", "special nuclear material" or
by-product material"; and
c. "Source material", "special nuclear
material" and "by-product material" have
the meanings given them in the Atomic
Energy Act of 1954 or any of its
amendments.
6.Uninsured or Underinsured Motorists, No-
Fault And Similar Laws
Any liability imposed on the insured, or the
insured's insurer, under any of the following
laws:
a.Uninsured motorists;
b.Underinsured motorists;
c.Auto no-fault or other first-party personal
injury protection (PIP);
d.Supplementary uninsured/underinsured
motorists (New York); or
e.Medical expense benefits and income
loss benefits (Virginia).
7.War
Damages arising out of:
a.War, including undeclared or civil war; or
b.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
c.Insurrection, rebellion, revolution, usurped
power or action taken by governmental
authority in hindering or defending against
any of these.
8.Workers Compensation And Similar Laws
Any obligation of the insured under a workers
compensation, disability benefits or
unemployment compensation law or any
similar law.
B.With respect to Coverage B:
1.Expected Or Intended Bodily Injury Or
Property Damage
Bodily injury" or "property damage" expected
or 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.
2.Contractual Liability
Bodily injury", "property damage", "personal
injury" or "advertising injury" for which the
insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages that the
insured would have in the absence of the
contract or agreement.
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UMBRELLA
3.Liquor Liability
Bodily injury" or "property damage" for which
any insured may be liable by reason of:
a.Causing or contributing to the intoxication
of any person, including causing or
contributing to the intoxication of any
person because alcoholic beverages were
permitted to be brought on your premises
for consumption on your premises;
b.The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
c.Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
4.Employers Liability
Bodily injury" to:
a.An "employee" of the insured arising out
of and in the course of:
1)Employment by the insured; or
2)Performing duties related to the
conduct of the insured's business; or
b.The spouse, child, parent, brother or
sister of that "employee" as a
consequence of "bodily injury" described
in Paragraph a. above.
This exclusion applies:
a.Whether the insured may be liable as an
employer or in any other capacity; and
b.To any obligation to share damages with
or repay someone else who must pay
damages because of the "bodily injury".
5. Pollution
a."Bodily injury", "property damage",
personal injury" or "advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
pollutants".
b.Any loss, cost or expense arising out of
any:
1)Request, demand, order or statutory
or regulatory requirement that any
insured or any other person or
organization test for, monitor, clean
up, remove, contain, treat, detoxify or
neutralize, or in any way respond to,
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".
6.Aircraft
Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft owned or
operated by or rented or loaned to any
insured. Use includes operation and "loading
or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft that is owned or operated by or
rented or loaned to any insured.
7.Auto
Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any "auto". Use
includes operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any "auto".
This exclusion does not apply to "bodily injury"
or "property damage" caused by an
occurrence" that takes place outside of the
United States of America (including its
territories and possessions), Puerto Rico and
Canada.
8.Watercraft
Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any watercraft owned
or operated by or rented or loaned to any
insured. Use includes operation and "loading
or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
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maintenance, use or entrustment to others of
any watercraft that is owned or operated by
or rented or loaned to any insured.
This exclusion does not apply to a watercraft:
a.While ashore on premises owned by or
rented to any insured; or
b.That is 50-feet long or less and that:
1)You own; or
2)You do not own and is not being used
to carry any person or property for a
charge.
9.Electronic Data
Damages claimed for the loss of, loss of use
of, damage to, corruption of, inability to
access, or inability to manipulate "electronic
data".
10.Damage To Property, Products Or Work
Property damage" to:
a.Property you own, rent or occupy,
including any costs or expenses incurred
by you, or any other person or
organization, 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;
b.Premises you sell, give away or abandon
if the "property damage" arises out of any
part of those premises;
c.Property loaned to you;
d.Personal property in the care, custody or
control of the insured;
e.That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations if the "property damage"
arises out of those operations;
f.That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it;
g."Your product" arising out of "your
product" or any part of it; or
h."Your work" arising out of "your work" or
any part of it and included in the
products-completed operations hazard".
11.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:
a.A defect, deficiency, inadequacy or
dangerous condition in "your product" or
your work"; or
b.A delay or failure by you, or anyone acting
on your behalf, to fulfill the terms of a
contract or agreement.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put to
its intended use.
12.Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
a."Your product";
b."Your work"; or
c."Impaired property";
if such product, work or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
13.Violation Of Consumer Financial
Protection Laws
Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
actual or alleged violation of a "consumer
financial protection law", or any other "bodily
injury", "property damage", "personal injury" or
advertising injury" alleged in any claim or
suit" that also alleges any such violation.
14.Unsolicited Communication
Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
actual or alleged violation of any law that
restricts or prohibits the sending, transmitting
or distributing of "unsolicited communication".
15.Access Or Disclosure Of Confidential Or
Personal Information
Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of any
access to or disclosure of any person's or
organization's confidential or personal
information.
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16.Knowing Violation Of Rights Of Another
Personal injury" or "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 injury"
or "advertising injury".
17.Material Published With Knowledge Of
Falsity
Personal injury" or "advertising injury" arising
out of oral or written publication, including
publication by electronic means, of material, if
done by or at the direction of the insured with
knowledge of its falsity.
18.Material Published Or Used Prior To Policy
Period
a."Personal injury" or "advertising injury"
arising out of oral or written publication,
including publication by electronic means,
of material whose first publication took
place before the beginning of the policy
period; or
b."Advertising injury" arising out of
infringement of copyright, "title" or
slogan" in your "advertisement" whose
first infringement in your "advertisement"
was committed before the beginning of
the policy period.
19.Criminal Acts
Personal injury" or "advertising injury" arising
out of a criminal act committed by or at the
direction of the insured.
20.Breach Of Contract
Personal injury" or "advertising injury" arising
out of a breach of contract.
21.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".
22.Wrong Description Of Prices
Advertising injury" arising out of the wrong
description of the price of goods, products or
services stated in your "advertisement".
23.Intellectual Property
Personal injury" or "advertising injury" arising
out of any actual or alleged infringement or
violation of any of the following rights or laws,
or any other "personal injury" or "advertising
injury" alleged in any claim or "suit" that also
alleges any such infringement or violation:
a. Copyright;
b. Patent;
c.Trade dress;
d.Trade name;
e.Trademark;
f.Trade secret; or
g.Other intellectual property rights or laws.
This exclusion does not apply to:
a."Advertising injury" arising out of any
actual or alleged infringement or violation
of another's copyright, "title" or "slogan" in
your "advertisement"; or
b.Any other "personal injury" or "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 "advertisement".
24.Insureds In Media And Internet Type
Business
Personal injury" or "advertising injury" arising
out of an offense committed by an insured
whose business is:
a.Advertising, "broadcasting" or publishing;
b.Designing or determining content of web-
sites for others; or
c.An Internet search, access, content or
service provider.
This exclusion does not apply to Paragraphs
a.(1), (2) and (3) of the definition of "personal
injury".
For the purposes of this exclusion:
a.Creating and producing correspondence
written in the conduct of your business,
bulletins, financial or annual reports, or
newsletters about your goods, products or
services will not be considered the
business of publishing; and
b.The placing of frames, borders or links, or
advertising, for you or others anywhere on
the Internet will not, by itself, be
considered the business of advertising,
broadcasting" or publishing.
25.Electronic Chatrooms Or Bulletin Boards
Personal injury" or "advertising injury" arising
out of an electronic chatroom or bulletin board
the insured hosts, owns or over which the
insured exercises control.
26.Unauthorized Use Of Another's Name Or
Product
Personal injury" or "advertising injury" arising
out of the unauthorized use of another's name
or product in your e-mail address, domain
name or metatag, or any other similar tactics
to mislead another's potential customers.
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C.With respect to Coverage C:
Newly Acquired, Controlled Or Formed
Entities
Crisis management service expenses" arising out
of a "crisis management event" that involves any
organization you newly acquire or form and that
occurred prior to the date you acquired or formed
that organization, even if an "executive officer"
only first becomes aware of an "event" or
occurrence" that leads to such "crisis
management event" after the date you acquired or
formed such organization.
SECTION V – CONDITIONS
A.APPEALS
1.If the insured or the insured's "underlying
insurer" elects not to appeal a judgment which
exceeds the "applicable underlying limit" or
self-insured retention", we may do so.
2.If we appeal such a judgment, we will pay all
costs of the appeal. These payments will not
reduce the applicable limits of insurance. In
no event will our liability exceed the applicable
limit of insurance.
B.BANKRUPTCY
1.Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this insurance.
2.In the event of bankruptcy or insolvency of
any "underlying insurer", this insurance will
not replace such bankrupt or insolvent
underlying insurer's" policy, and this
insurance will apply as if such "underlying
insurer" had not become bankrupt or
insolvent.
C.CANCELLATION
1.The first Named Insured shown in the
Declarations may cancel this insurance by
mailing or delivering to us advance written
notice of cancellation.
2.We may cancel this insurance by mailing or
delivering to such first Named Insured written
notice of cancellation at least:
a.10 days before the effective date of
cancellation if we cancel for nonpayment
of premium; or
b.60 days before the effective date of
cancellation if we cancel for any other
reason.
3.We will mail or deliver our notice to such first
Named Insured's last mailing address known
to us.
4.Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5.If this insurance is cancelled, we will send
such first Named Insured any premium refund
due. If we cancel, the refund will be pro rata. If
such first Named Insured cancels, the refund
may be less than pro rata. The cancellation
will be effective even if we have not made or
offered a refund.
6.If notice is mailed, proof of mailing will be
sufficient proof of notice.
D.CHANGES
This policy contains all the agreements between
you and us concerning the insurance afforded. No
change can be made in the terms of this
insurance except with our consent. The terms of
this insurance can be amended or waived only by
endorsement issued by us and made a part of this
policy.
E.CURRENCY
Payments for damages or expenses described in
Paragraph 5. of Paragraph D., DEFENSE AND
SUPPLEMENTARY PAYMENTS, of SECTION I
COVERAGES will be in the currency of the
United States of America. At our sole option, we
may make these payments in a different currency.
Any necessary currency conversion for such
payments will be calculated based on the rate of
exchange published in the Wall Street Journal
immediately preceeding the date the payment is
processed.
F.DUTIES REGARDING AN EVENT,
OCCURRENCE, CLAIM OR SUIT
1.You must see to it that we are notified as
soon as practicable of an "event" or
occurrence" which may result in a claim
under this insurance. To the extent possible,
notice should include:
a.How, when and where the "event" or
occurrence" took place;
b.The names and addresses of any
persons or organizations sustaining injury,
damage or loss, and the names and
addresses of any witnesses; and
c.The nature and location of any injury or
damage arising out of the "event" or
occurrence".
2.If a claim is made or "suit" is brought against
any insured which may result in a claim under
this insurance, you must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
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3.With respect to Coverage A, the insured
must:
a.Cooperate with us in the investigation,
settlement or defense of any claim or
suit";
b.Comply with the terms of the "underlying
insurance"; and
c.Pursue all rights of contribution or
indemnity against any person or
organization who may be liable to the
insured because of the injury, damage or
loss for which insurance is provided under
this policy or any policy of "underlying
insurance".
4.With respect to Coverage B, the insured
must:
a.Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
b.Authorize us to obtain necessary records
and other information;
c.Cooperate with us in the investigation,
settlement or defense of any claim or
suit"; and
d.Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be
liable to the insured because of injury or
damage to which Coverage B may apply.
5.No insured will, except at that insured's own
expense, voluntarily make a payment,
assume any obligation, make any admission
or incur any expense, other than for first aid
for "bodily injury" covered by this insurance,
without our consent.
6.Knowledge of an "event", "occurrence", claim
or "suit" by your agent, servant or "employee"
will not constitute knowledge by you, unless
your insurance or risk manager, or anyone
working in the capacity as your insurance or
risk manager, or anyone you designate with
the responsibility of reporting an "event",
occurrence", claim or "suit":
a.Has received notice of such "event",
occurrence", claim or "suit" from such
agent, servant or "employee"; or
b.Otherwise has knowledge of such "event",
occurrence", claim or "suit".
G.DUTIES REGARDING A CRISIS MANAGEMENT
EVENT
You must:
1.Notify us within 30 days of a "crisis
management event" that may result in "crisis
management service expenses".
2.Provide written notice of the "crisis
management event" as soon as practicable.
To the extent possible, notice should include:
a.How, when and where that "crisis
management event" took place;
b.The names and addresses of any
persons or organizations sustaining injury,
damage or loss, and the named and
addresses of any witnesses;
c.The nature and location of any injury or
damage arising out of that "crisis
management event"; and
d.The reason that "crisis management
event" is likely to involve damages
covered by this insurance in excess of the
applicable underlying limit" or "self-
insured retention" and involve regional or
national media coverage.
H.EXAMINATION OF YOUR BOOKS AND
RECORDS
We may examine and audit your books and
records as they relate to this insurance:
1.At any time during the policy period;
2.Up to three years after the end of the policy
period; and
3.Within one year after final settlement of all
claims under this insurance.
I.EXTENDED REPORTING PERIOD OPTION
1.When the "underlying insurance" applies on a
claims-made basis, any automatic or basic
extended reporting period" in such
underlying insurance" will apply to this
insurance.
2.When the "underlying insurance" applies on a
claims-made basis and you elect to purchase
an optional or supplemental "extended
reporting period" in such "underlying
insurance," that "extended reporting period"
will apply to this insurance only if:
a.A written request to purchase an
Extended Reporting Period endorsement
for this insurance is made by you and
received by us within 90 days after the
end of the policy period;
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b.You have paid all premiums due for this
policy at the time you make such request;
c.You promptly pay the additional premium
we charge for the Extended Reporting
Period endorsement for this insurance
when due. We will determine that
additional premium after we have
received your request for the Extended
Reporting Period endorsement for this
insurance. That additional premium is not
subject to any limitation stated in the
underlying insurance" on the amount or
percentage of additional premium that
may be charged for the "extended
reporting period" in such "underlying
insurance"; and
d.That Extended Reporting Period
endorsement is issued by us and made a
part of this policy.
3.Any Extended Reporting Period endorsement
for this insurance will not reinstate or increase
the Limits of Insurance or extend the policy
period.
4.Except with respect to any provisions to the
contrary contained in Paragraphs 1., 2. or 3.
above, all provisions of any option to
purchase an "extended reporting period"
granted to you in the "underlying insurance"
apply to this insurance.
J.INSPECTIONS AND SURVEYS
1.We have the right but are not obligated to:
a.Make inspections and surveys at any
time;
b.Give you reports on the conditions we
find; and
c.Recommend changes.
2.Any inspections, surveys, reports or
recommendations relate only to insurability
and the premiums to be charged. We do not
make safety inspections. We do not
undertake to perform the duty of any person
or organization to provide for the health or
safety of workers or the public. We do not
warrant that conditions:
a.Are safe or healthful; or
b.Comply with laws, regulations, codes or
standards.
K.LEGAL ACTION AGAINST US
1.No person or organization has a right under
this insurance:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b.To sue us on this insurance unless all of
its terms have been fully complied with.
2.A person or organization may sue us to
recover on an agreed settlement or on a final
judgment against an insured. We will not be
liable for damages that:
a.Are not payable under the terms of this
insurance; or
b.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 or the claimant's
legal representative.
L.MAINTENANCE OF UNDERLYING INSURANCE
1.The insurance afforded by each policy of
underlying insurance" will be maintained for
the full policy period of this Excess Follow-
Form And Umbrella Liability Insurance. This
provision does not apply to the reduction or
exhaustion of the aggregate limit or limits of
such "underlying insurance" solely by
payments as permitted in Paragraphs 4.a.(1),
2) and (3) of COVERAGE A – EXCESS
FOLLOW-FORM LIABILITY of SECTION I –
COVERAGES. As such policies expire, you
will renew them at limits and with coverage at
least equal to the expiring limits of insurance.
If you fail to comply with the above
requirements, Coverage A is not invalidated.
However, in the event of a loss, we will pay
only to the extent that we would have paid had
you complied with the above requirements.
2.The first Named Insured shown in the
Declarations must give us written notice of
any change in the "underlying insurance" as
respects:
a.Coverage;
b.Limits of insurance;
c.Termination of any coverage; or
d.Exhaustion of aggregate limits.
3.If you are unable to recover from any
underlying insurer" because you fail to
comply with any term or condition of the
underlying insurance", Coverage A is not
invalidated. However, we will pay for any loss
only to the extent that we would have paid had
you complied with that term or condition in
that "underlying insurance".
M.OTHER INSURANCE
This insurance is excess over any valid and
collectible "other insurance" whether such "other
insurance" is stated to be primary, contributing,
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excess, contingent or otherwise. This provision
does not apply to a policy bought specifically to
apply as excess of this insurance.
However, if you specifically agree in a written
contract or agreement that the insurance provided
to any person or organization that qualifies as an
insured under this insurance must apply on a
primary basis, or a primary and non-contributory
basis, then insurance provided under Coverage A
is subject to the following provisions:
1.This insurance will apply before any "other
insurance" that is available to such additional
insured which covers that person or
organization as a named insured, and we will
not share with that "other insurance", provided
that the injury or damage for which coverage
is sought is caused by an "event" that takes
place or is committed subsequent to the
signing of that contract or agreement by you.
2.This insurance is still excess over any valid
and collectible "other insurance", whether
primary, excess, contingent or otherwise,
which covers that person or organization as
an additional insured or as any other insured
that does not qualify as a named insured.
N.PREMIUM
1.The first Named Insured shown in the
Declarations is responsible for the payment of
all premiums and will be the payee for any
return premiums.
2.If the premium is a flat charge, it is not subject
to adjustment except as provided in
Paragraph 4. below.
3.If the premium is other than a flat charge, it is
an advance premium only. The earned
premium will be computed at the end of the
policy period, or at the end of each year of the
policy period if the policy period is two years
or longer, at the rate shown in the
Declarations, subject to the Minimum
Premium.
4.Additional premium may become payable
when coverage is provided for additional
insureds under the provisions of SECTION II
WHO IS AN INSURED.
O.PREMIUM AUDIT
The premium for this policy is the amount stated
in Item 5. of the Declarations. The premium is a
flat charge unless it is specified in the
Declarations as adjustable.
P.PROHIBITED COVERAGE – UNLICENSED
INSURANCE
1.With respect to loss sustained by any insured
in a country or jurisdiction in which we are not
licensed to provide this insurance, this
insurance does not apply to the extent that
insuring such loss would violate the laws or
regulations of such country or jurisdiction.
2.We do not assume responsibility for:
a.The payment of any fine, fee, penalty or
other charge that may be imposed on any
person or organization in any country or
jurisdiction because we are not licensed
to provide insurance in such country or
jurisdiction; or
b.The furnishing of certificates or other
evidence of insurance in any country or
jurisdiction in which we are not licensed to
provide insurance.
Q.PROHIBITED COVERAGE – TRADE OR
ECONOMIC SANCTIONS
We will provide coverage for any loss, or
otherwise will provide any benefit, only to the
extent that providing such coverage or benefit
does not expose us or any of our affiliated or
parent companies to:
1.Any trade or economic sanction under any law
or regulation of the United States of America;
or
2.Any other applicable trade or economic
sanction, prohibition or restriction.
R.REPRESENTATIONS
By accepting this insurance, you agree:
1.The statements in the Declarations and any
subsequent notice relating to "underlying
insurance" are accurate and complete;
2.Those statements are based upon
representations you made to us; and
3.We have issued this insurance in reliance upon
your representations.
S.SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this policy to the first Named Insured shown in the
Declarations, this insurance applies:
1.As if each Named Insured were the only
Named Insured; and
2.Separately to each insured against whom
claim is made or "suit" is brought.
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T.WAIVER OR TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
1.If the insured has rights to recover all or part
of any payment we have made under this
insurance, those rights are transferred to us
and 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, and with respect to Coverage A, the
underlying insurer", enforce them.
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 that
person or organization, but only for payments
we make because of an "event" that takes
place or is committed subsequent to the
execution of that contract or agreement by
such insured.
2.Reimbursement of any amount recovered will
be made in the following order:
a.First, to any person or organization
including us or the insured) who has paid
any amount in excess of the applicable
limit of insurance;
b.Next, to us; and
c.Then, to any person or organization
including the insured and with respect to
Coverage A, the "underlying insurer") that
is entitled to claim the remainder, if any.
3.Expenses incurred in the process of recovery
will be divided among all persons or
organizations receiving amounts recovered
according to the ratio of their respective
recoveries.
U.TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS INSURANCE
1.Your rights and duties under this insurance
may not be transferred without our written
consent except in the case of death of an
individual Named Insured.
2.If you die, your rights and duties will be
transferred to your legal representative but
only while acting within the scope of duties as
your legal representative. Until your legal
representative is appointed, anyone having
proper temporary custody of your property will
have your rights and duties but only with
respect to that property.
V.UNINTENTIONAL OMISSION OR ERROR
The unintentional omission of, or unintentional
error in, any information provided by you which we
relied upon in issuing this 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.
W.WHEN LOSS IS PAYABLE
If we are liable under this insurance, we will pay
for injury, damage or loss after:
1.The insured's liability is established by:
a.A court decision; or
b.A written agreement between the
claimant, the insured, any "underlying
insurer" and us; and
2.The amount of the "applicable underlying
limit" or "self-insured retention" is paid by or
on behalf of the insured.
SECTION VI – DEFINITIONS
A.With respect to all coverages of this insurance:
1."Applicable underlying limit" means the sum of:
a.The applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
subject to the provisions in Paragraphs
4.a.(1), (2) and (3) of COVERAGE A –
EXCESS FOLLOW-FORM LIABILITY of
SECTION I – COVERAGES; and
b.The applicable limit of insurance of any
other insurance" that applies.
The limits of insurance in any policy of
underlying insurance" will apply even if:
a.The "underlying insurer" claims the
insured failed to comply with any term or
condition of the policy; or
b.The "underlying insurer" becomes
bankrupt or insolvent.
2."Auto hazard" means all "bodily injury" and
property damage" to which liability insurance
afforded under an auto policy of "underlying
insurance" would apply but for the exhaustion
of its applicable limits of insurance.
3."Electronic data" means information, facts or
programs stored 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.
4."Event" means an "occurrence", offense,
accident, act, error, omission, wrongful act or
loss.
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5."Extended reporting period" means any period
of time, starting with the end of the policy
period of your claims-made insurance, during
which claims or "suits" may be first made,
brought or reported for that insurance.
6."Medical expenses" means expenses to
which any Medical Payments section of any
policy of Commercial General Liability
underlying insurance" applies.
7."Other insurance" means insurance, or the
funding of losses, that is provided by, through
or on behalf of:
a.Another insurance company;
b.Us or any of our affiliated insurance
companies;
c.Any risk retention group;
d.Any self-insurance method or program, in
which case the insured will be deemed to
be the provider of such insurance; or
e.Any similar risk transfer or risk
management method.
Other insurance" does not include:
a.Any "underlying insurance"; or
b.Any policy of insurance specifically
purchased to be excess of the limits of
insurance of this policy shown in the
Declarations.
8."Products-completed operations hazard":
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 work" will be deemed completed
at the earliest of the following times:
a)When all the work called for in
your contract has been
completed;
b)When all the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site; or
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 project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is 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 the "loading or
unloading" of that vehicle by any
insured;
2)The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
3)Products or operations for which the
classification listed in a policy of
Commercial General Liability
underlying insurance" states that
products-completed operations are
subject to the General Aggregate
Limit.
9."Suit" means a civil proceeding which alleges
damages. "Suit" includes:
a.An arbitration proceeding in which
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b.Any other alternative dispute resolution
proceeding to which the insured submits
with our consent.
10."Underlying insurance":
a.Means the policy or policies of insurance
listed in the Schedule Of Underlying
Insurance.
b.Includes any renewal or replacement of
such policies if such renewal or
replacement is during the policy period of
this Excess Follow-Form And Umbrella
Liability Insurance.
c.Does not include any part of the policy
period of any of the policies described in
Paragraphs a. or b. above that began
before, or that continues after, the policy
period of this Excess Follow-Form And
Umbrella Liability Insurance.
11."Underlying insurer" means any insurer which
provides a policy of insurance listed in the
Schedule Of Underlying Insurance.
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UMBRELLA
B.With respect to Coverage B and, to the extent that
the following terms are not defined in the
underlying insurance", to Coverage A:
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 include
material placed on the Internet or on
similar electronic means of
communication; and
b.Regarding web sites, only that part of a
web site that is about your goods,
products or services for the purposes of
attracting customers or supporters is
considered an advertisement.
2."Advertising injury":
a. Means injury, other than "personal 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 person's
or organization's goods, products or
services, provided that the claim is
made or 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
material 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) Infringement of copyright, "title" or
slogan" in your "advertisement",
provided that the claim is made or the
suit" is brought by a person or
organization that claims ownership of
such copyright, "title" or "slogan".
b.Includes "bodily injury" caused by one or
more of the offenses described in
Paragraph a. above.
3."Auto" means:
a.A land motor vehicle, trailer or semitrailer
designed for travel on public roads,
including any attached machinery or
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 or principally garaged.
However, "auto" does not include "mobile
equipment".
4."Bodily injury" means:
a.Physical harm, including sickness or
disease, sustained by a person; or
b.Mental anguish, injury or illness, or
emotional distress, resulting at any time
from such physical harm, sickness or
disease.
5."Broadcasting" means transmitting any audio
or visual material for any purpose:
a.By radio or television; or
b.In, by or with any other electronic means
of communication, such as the Internet, if
that material is part of:
1)Radio or television programming
being transmitted;
2)Other entertainment, educational,
instructional, music or news
programming being transmitted; or
3)Advertising transmitted with any such
programming.
6."Consumer financial identity information"
means any of the following information for a
person that is used or collected for the
purpose of serving as a factor in establishing
such person's eligibility for personal credit,
insurance or employment or for the purpose
of conducting a business transaction:
a.Part or all of the account number, the
expiration date or the balance of any
credit, debit, bank or other financial
account;
b.Information bearing on a person's credit
worthiness, credit standing or credit
capacity;
c.Social security number;
d.Driver's license number; or
e.Birth date.
7."Consumer financial protection law" means:
a.The Fair Credit Reporting Act (FCRA) and
any of its amendments, including the Fair
and Accurate Credit Transactions Act
FACTA);
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UMBRELLA
b.California's Song-Beverly Credit Card Act
and any of its amendments; or
c.Any other law or regulation that restricts
or prohibits the collection, dissemination,
transmission, distribution or use of
consumer financial identity information".
8."Employee" includes a "leased worker".
Employee" does not include a "temporary
worker".
9."Good Samaritan services" means any
emergency medical services for which no
compensation is demanded or received.
10."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a.It incorporates "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 or agreement.
11."Leased worker" means a person leased to
you by a labor leasing firm under an
agreement between you and the labor leasing
firm, to perform duties related to the conduct
of your business. "Leased worker" does not
include a "temporary worker".
12."Loading or unloading" means the handling of
property:
a.After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b.While it is in or on an aircraft, watercraft
or "auto"; or
c.While it is being moved from an aircraft,
watercraft or "auto" to the place where it
is finally delivered;
but "loading or unloading" does not include
the movement of property by means of a
mechanical device, other than a hand truck,
that is not attached to the aircraft, watercraft
or "auto".
13."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a.Bulldozers, farm machinery, forklifts and
other vehicles designed for use principally
off public roads.
b.Vehicles maintained for use solely on or
next to premises you own or rent.
c.Vehicles that travel 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 not described 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 following types:
1)Air compressors, pumps and
generators, including spraying,
welding, building cleaning, geophysical
exploration, lighting and well servicing
equipment; or
2)Cherry pickers and similar devices
used to raise or lower workers.
f.Vehicles not described in Paragraph a., b.,
c. or d. above maintained primarily for
purposes other than the transportation 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) Snow removal;
b) Road maintenance, but not
construction or resurfacing; or
c) Street cleaning;
2) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or 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 "autos".
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14."Occurrence" means:
a.With respect to "bodily injury" or "property
damage":
1)An accident, including continuous or
repeated exposure to substantially the
same general harmful conditions,
which results in "bodily injury" or
property damage". All "bodily injury"
or "property damage" caused by such
exposure to substantially the same
general harmful conditions will be
deemed to be caused by one
occurrence"; or
2)An act or omission committed in
providing or failing to provide first aid
or "Good Samaritan services" to a
person by any of your "employees" or
volunteer workers" other than an
employed or volunteer doctor, unless
you are in the business or occupation
of providing professional health care
services;
b.With respect to "personal injury", an
offense arising out of your business that
results in "personal injury". All "personal
injury" caused by the same or related
injurious material, act or offense will be
deemed to be caused by one
occurrence", regardless of the frequency
or repetition thereof, the number and kind
of media used or the number of persons
or organizations making claims or
bringing "suits"; and
c. With respect to "advertising injury", an
offense committed in the course of
advertising your goods, products and
services that results in "advertising injury".
All "advertising injury" caused by the
same or related injurious material, act or
offense will be deemed to be caused by
one "occurrence", regardless of the
frequency or repetition thereof, the
number and kind of media used or the
number of persons or organizations
making claims or bringing "suits".
15."Officer" means a person holding any of the
officer positions created by your charter,
constitution, bylaws or any other similar
governing document.
16."Personal injury":
a.Means injury, other than "advertising
injury", caused by one or more of the
following offenses:
1)False arrest, detention or
imprisonment;
2) Malicious prosecution;
3)The wrongful eviction 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, landlord or
lessor of that room, dwelling or
premises;
4)Oral or written publication, including
publication by electronic means, of
material that slanders or libels a
person or organization or disparages
a person's or organization's goods,
products or services, provided that
the claim is made or 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; or
5)Oral or written 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.
17."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
chemicals and waste. Waste includes
materials to be recycled, reconditioned or
reclaimed.
18."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 at the time of the
physical injury that caused it; or
b.Loss of use of 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.
19."Self-insured retention" is the greater of:
a.The amount shown in the Declarations
which the insured must first pay under
Coverage B for damages because of all
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bodily injury", "property damage",
personal injury" or "advertising injury"
arising out of any one "occurrence"; or
b.The applicable limit of insurance of any
other insurance" that applies.
20."Slogan":
a.Means a phrase that others use for the
purpose of attracting attention in their
advertising.
b.Does not include a phrase used as, or in,
the name of:
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.
21."Temporary worker" means a person who is
furnished to you to substitute for a permanent
employee" on leave or to meet seasonal or
short-term workload conditions.
22."Title" means the name of a literary or artistic
work.
23."Unsolicited communication" means any
communication, in any form, that the recipient
of such communication did not specifically
request to receive.
24."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 duties determined by you,
and is not paid a fee, salary or other
compensation by you or anyone else for their
work performed by you.
25."Your product":
a.Means:
1)Any goods or products, other than
real property, manufactured, sold,
handled, distributed or disposed of by:
a)You;
b)Others trading under your name;
or
c)A person or organization whose
business or assets you have
acquired; and
2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b.Includes:
1)Warranties or representations made
at any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
2)The providing of or failure to provide
warnings or instructions.
c.Does not include vending machines or
other property rented to or located for the
use of others but not sold.
26."Your work":
a.Means:
1) Work or operations performed by you
or on your behalf; and
2) Materials, parts or equipment
furnished in connection with such
work or operations.
b.Includes:
1)Warranties or representations made
at any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
2)The providing of or failure to provide
warnings or instructions.
C.With respect to Coverage C:
1."Crisis management advisor" means any
public relations firm or crisis management
firm approved by us that is hired by you to
perform "crisis management services" in
connection with a "crisis management event".
2."Crisis management event" means an "event"
or "occurrence" that your "executive officer"
reasonably determines has resulted, or may
result, in:
a.Damages covered by this Coverage A or
Coverage B that are in excess of the total
applicable limits of the "underlying
insurance" or "self-insured retention"; and
b.Significant adverse regional or national
media coverage.
3."Crisis management service expenses"
means amounts incurred by you, after a
crisis management event" first commences
and before such event ends:
a.For the reasonable and necessary:
1)Fees and expenses of a "crisis
management advisor" in the
performance for you of "crisis
management services" solely for a
crisis management event"; and
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2) Costs for printing, advertising, mailing
of materials or travel by your
directors, officers, employees or
agents or a "crisis management
advisor" solely for a "crisis
management event"; and
b.For the following expenses resulting from
such "crisis management event", provided
that such expenses have been approved
by us:
1)Medical expenses;
2)Funeral expenses;
3) Psychological counseling;
4)Travel expenses;
5)Temporary living expenses;
6)Expenses to secure the scene of a
crisis management event"; or
7)Any other expenses pre-approved by
us.
4."Crisis management services" means those
services performed by a "crisis management
advisor" in advising you or minimizing
potential harm to you from a "crisis
management event" by maintaining or
restoring public confidence in you.
5."Executive officer" means your:
a.Chief Executive Officer;
b.Chief Operating Officer;
c.Chief Financial Officer;
d.President;
e.General Counsel;
f.General partner (if you are a partnership); or
g.Sole proprietor (if you are a sole
proprietorship);
or any person acting in the same capacity as
any individual listed above.
General Business License
2021
License Number 27704
UBI 6022860100010001
www.FileLocal.org
Zoning Restrictions:
Expires: 1/31/2022
Licensee:
Road Construction Northwest, Inc.
Road Construction Northwest, Inc.
5851 NE 4th St
Renton, WA 98059-4857
City of Renton
1055 Grady Way
Renton, WA 98057
425-430-6851
http://www.rentonwa.gov
tax@rentonwa.gov
City of Renton
Issued: 10/30/2018