Loading...
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 Page4 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 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". Page6 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 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 Page8 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 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 Page10 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 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. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page11 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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 Page12 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 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; Page14 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 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 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a.The statements in the Declarations are 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. Page16 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 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 CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page17 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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, Page18 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 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 CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page19 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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 Page20 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 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. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page21 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. This page has been left blank intentionally. 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 Page 2 of 3 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY 2.Paragraph f.(1)of the definition of "insured a.Any premises while rented to you or contract" in the DEFINITIONS Section is temporarily occupied by you with permission deleted.of the owner; or F. DAMAGE TO PREMISES RENTED TO YOU b.The contents of any premises while such 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: CG D3 16 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This page has been left blank intentionally. This page has been left blank intentionally. 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. Page 2 of 4 ú 2015 The Travelers Indemnity Company. All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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: Page 4 of 4 ú 2015 The Travelers Indemnity Company. All rights reserved.CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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 – 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 3 of 22 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. 2016 The Travelers Indemnity Company. All rights reserved.Page 4 of 22 EU 00 01 07 16 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: 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 5 of 22 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 2016 The Travelers Indemnity Company. All rights reserved.Page 6 of 22 EU 00 01 07 16 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 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 7 of 22 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 2016 The Travelers Indemnity Company. All rights reserved.Page 8 of 22 EU 00 01 07 16 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. 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 9 of 22 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, UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.Page 10 of 22 EU 00 01 07 16 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. UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 11 of 22 UMBRELLA 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. UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.Page 12 of 22 EU 00 01 07 16 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. UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 13 of 22 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; 2016 The Travelers Indemnity Company. All rights reserved.Page 14 of 22 EU 00 01 07 16 UMBRELLA 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, UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 15 of 22 UMBRELLA 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. 2016 The Travelers Indemnity Company. All rights reserved.Page 16 of 22 EU 00 01 07 16 UMBRELLA 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. 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 17 of 22 UMBRELLAUMBRELLA 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. UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.Page 18 of 22 EU 00 01 07 16 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); UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 19 of 22 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". UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.Page 20 of 22 EU 00 01 07 16 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 UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 21 of 22 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 UMBRELLA 2016 The Travelers Indemnity Company. All rights reserved.Page 22 of 22 EU 00 01 07 16 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