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19-125.02 Wm Winkler: Appleway Trail Evergreen to Sullivan 01111"111\1111111%, Spokane Valley Y CHANGE ORDER NO: 2 ENGINEERING DIVISION CONSTRUCTION CONTRACT NO: 19-125.02 PROJECT:APPLEWAY TRAIL PROJECT CONTRACT DATE: 8/21/2019 PRIME CONTRACTOR: WM WINKLER CO. CIP NO: 268 DESCRIPTION OF CHANGES Where existing bid items can be used for the additional improvements, this change order increases those bid item quantities respectively. The additional grading work and other items not covered under existing bid items will be tracked and paid for under force account. A new traffic curb will be measured and payed for the additional curbing. Since, this work will be hand set and the existing bid item#153-Cement Conc. Traffic Curb work is anticipated to be mostly machine curb a new negotiated price will be used instead. Grading and excavating will be tracked under force account. Item No. Description Unit Quantity Unit Price Total 104 Remove Cement Conc. Curb L.F. 40 $6.40 $256.00 105 Remove Cement Conc. Sidewalk/Approach S.Y. 30 $15.60 $468.00 107 Remove Fence L.F. 40 $4.50 $180.00 115 Crushed Surfacing Top Course,4 In. Depth S.Y. 1,080 $7.25 $7,830.00 152 Cement Conc. Traffic Curb and Gutter L.F. 40 $40.70 $1,628.00 165 Chain Link Fence Type 3 L.F. 40 $213.20 $8,528.00 166 Double 14ft Chain Link Gate EACH 1 $1,158.00 $1,158.00 168 Park Bollard EACH 4 $771.50 $3,086.00 170 Detectable Warning Surface S.F. 16 $22.00 $352.00 171 Cement Conc. Sidewalk S.Y. 10 $98.70 $987.00 172 Cement Conc. Driveway Approach S.Y. 50 $146.00 $7,300.00 174 Concrete Pad 6"Thick S.F. 80 $30.90 $2,472.00 178 (New) Cement Conc. Traffic Curb (Hand Set) L.F. 230 $29.35 $6,750.50 179 (New) Additional Grading, Excavation &Other Work EST. 1.0 $30,000.00 $30,000.00 Total Amount of this Change Order(incl. Tax): $70,995.50 8.9% Sales Tax(applicable only to Bid Schedule D) $0.00 VERBAL APPROVAL AND JUSTIFICATION Independent Justification on File Yes Verbal Approval N/A Verbal Approval by N/A PHYSICAL COMPLETION Original Contract Working Days: 75 Revision By This Change Order: 3 Revisions by Prior Change Orders: 0 Total Revised Contract Working Days: 78 CONTRACT AMOUNT THESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF TOTAL CONTRACT AMOUNT: ORIGINAL TOTAL CONTRACT AMOUNT $ 1,931,986.60 TOTAL PRIOR CONTRACT CHANGE ORDER AMOUNT(coal) $ 12,670.00 TOTAL CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 1,944,656.60 NET THIS CHANGE ORDER $ 70,995.50 TOTAL CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 2,015,652.10 CONTRACTOR ACCEPTANCE: / /ii 1/` 0-7 DATE: -3/V/ The contractor hereby accepts this adjustment under t rms of Section 1-04.4 of the original contract. / DATE: 3/17 I Z 0 RECOMMENDED BY: ///^ C (� Project Manage APPROVED BY: �_� �-- ia DATE: Og i/I 2I-'7< Ci Engi er APPROVED BY: ( �� DATE: 3/2-3/ Zt City Manager ATTACHMENTS: Distribution: ORIGINAL TO: City of Spokane Valley Clerk's Office COPIES TO: Contractor, PW Project File, Project Inspector, Finance Department .t1SV Form 9/512014 Spokane jValley Change Order No: 2 Construction Contract No: 19-125.02 THE CONTRACT IS MODIFIED AS FOLLOWS: WORK TO INCLUDE Background: Issue#1 County has requested several improvement modifications to allow better maintenance access to their manholes along the trail. In general minor increases to ramp/driveway widths/entrances at the side streets and providing new gravel access to manholes that are off the trail. See Field Work Directive(FWD)#1 and FWD#2. Issue#2 City decided to add additional cement concrete traffic curb near the north side of the right-of-way(Sta 12+80 to 15+20 Lt). The additional curbing is needed to protect vehicles from entering the trail area from the private property side and too confine the landscape improvements along the project's parking lot. See FWD#5. Description of Change: Issue#1 Where existing bid items can be used for the additional improvements,this change order increases those bid item quantities respectively. The additional grading work and other items not covered under existing bid items will be tracked and paid for under force account. Issue#2 A new traffic curb will be measured and payed for the additional curbing. Since,this work will be hand set and the existing bid item#153-Cement Conc. Traffic Curb work is anticipated to be mostly machine curb a new negotiated price will be used instead. Grading and excavating will be tracked under force account and paid under the same item of Issue#1. Specification: There are no changes to the specifications because of this change. Plans: DM1,DM2,DM6,PP1,PP2,PP3,PP4,PPS,PP7,PP9,PP11,RD1 and RD2 are revised. Time: An additional three working days are added to the Contract for this change. Measurement: "Cement Conc. Traffic Curb (Hand Set)"shall be measured by the linear foot. "Additional Grading, Excavation&Other Work"by force account as provided in Section 1-09.6 of the Standard Specifications. Payment: This change order increases the quantity of existing bid item and will be paid using bid unit prices. Spokane jValley Change Order No: 2 Construction Contract No: 19-125.02 "Cement Conc. Traffic Curb(Hand Set)"shall be measured by the linear foot. The unit Contract price per linear feet for"Cement Conc. Traffic Curb (Hand Set)"shall be full pay for all costs necessary to furnish all labor,tools, equipment and materials to; furnish,place, finish, expansion joint, cure and protect the traffic curb. "Additional Grading,Excavation&Other Work"by force account as provided in Section 1-09.6 of the Standard Specifications. Clearing,grading, excavation, embankment compaction and any additional Work deemed necessary by the Engineer to make to provide the proposed County access routes and additional curbing. Summary of Quantities: Previous New Estimated Bid Item Description Unit Qty• Q� Qty Unit Price Amount Change 104 Remove Cement Conc.Curb L.F. 1,450 1,490 +40 $6.40 $256.00 105 Remove Cement Conc. S.Y. 570 600 +30 $15.60 $468.00 Sidewalk/Approach 107 Remove Fence L.F 890 930 +40 $4.50 $180.00 115 Crushed Surfacing Top Course, S.Y. 7,360 8,440 +1,080 $7.25 $7,830.00 4 In.Depth 152 Cement Conc.Traffic Curb and L.F. 290 330 +40 $40.70 $1,628.00 Gutter 165 Chain Link Fence Type 3 L.F. 810 850 +40 $23.20 $8,528.00 166 Double 14ft Chain Link Gate EACH 2 3 +1 $1,158.00 $1,158.00 168 Park Bollard EACH 7 11 +4 $771.50 $3,086.00 170 Detectable Warning Surface S.F. 260 272 +16 $22.00 $352.00 171 Cement Conc.Sidewalk S.Y. 320 330 +10 $98.70 $987.00 172 Cement Conc.Driveway S.Y. 30 80 +50 $146.00 $7,300.00 Approach 174 Concrete Pad 6"Thick S.F. 160 240 +80 $30.90 $2,472.00 178 Cement Conc.Traffic Curb L.F. 0 240 +240 $29.35 $6,750.50 (NEW) (Hand Set) 179 Additional Grading,Excavation EST. 0 1 +1 $30,000.00 $30,000.00 (NEW) &Other Work TOTAL $70,995.50 cal Ca kiti a2, E 6,! ir ig > pqm il El g W 3 L. p6 ..6 ;8 g a i is t o 9 q m J t li-o tow 2 .2 t� a 6 g a ; 2 $ , ; ; ;w G t �� i G Vi k * ::::j w i gG 181; P � � I� €/ gib O a . ° / 15 / i kg 1 1 W z0 O w o _ s € $ Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 8 Q. a a cy N MO139 33S 3NIl HOIVI c .���i ����� �����'\����• Edd133HS33`S3NI-HO1VW , ..,J. 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W O f U pp fIN F. a _ II „ f o° >YW;o 1 W 3 8O $ / %m i __ __ U \ 4,.‘4, ___ _ _ ., Ee Luc, ,.., 11 51_ ^o Lid 0 -..ia ^ Q LL„w zi\ w it w Q as siwav 5 0 z w 0 U f_ Lc a�50 Q6 ........ ....__. ....._ ._.ps........ ...............:::_.._pS,.._..._._ ... SO .. .......... .... SO .. .. , U) 2 Q @z O m . Y 0 0 ° Zz 724 w v w- w w w 0 0 1 Lux i "I d gt 12, Q ;J JO \ //lam� m gU CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ACORN 08/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker.Smith&Feek.Inc. PHONE 425-709-3600 FAX 425-709-7460 2233 112th Avenue NE (Arc.No.Eel): lac,No): E-MAIL Bellevue.WA 98004 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL IY -------------— ------ INSURERA: Phoenix Insurance Company INSURED INSURER B: Travelers Indemnity Co.of America Wm Winkler Company PO Box 430 INSURER C: Newman Lake,WA 99025 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR - POLICY EFF POLICY EXP LIMITSLTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) A GENERALLIABILIY DTCO6F734249PHX19 04/01/2019 04/01/2020 EACH OCCURRENCE S 1,000.000 DAMAGE X COMMERCIAL GENERAL LIABILITY X X PREMISESO(EaENTED occurrence) S 500.000 CLAIMS-MADE rX I OCCUR MED EXP(Any one person) S 10,000 X PD Ded:$1,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGO S 2,000,000 7 POLICY I X I JECT I I LOC B AUTOMOBILE LIABILITY 8108M6091051926G 04/01/2019 04/01/2020 (E0a acccidenDl)INGLE LIMIT S 1,000,000 X ANY AUTO X X BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS IPer accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE_____ S EXCESS LIAB CLAIMS-MADE AGGREGATE S DEC) RETENTIONS S A WORKERS AND EMPLOYERS'LIABIION LITY },/N DTCO6F734249PHX19 04/01/2019 04/01/2020 TY I IIdILS ff 1X IDFR_ ANY PROPRIETOR/PARTNER/EXECUTIVE ��WA Stop Gap/Employers E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED'' N/A Liability 1,000,000 (Mandatory in NH) E.L DISEASE-EA EMPLOYED S If yes,describe under I 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mom apace Is required) Appleway Trail Project-Evergreen Road to Sullivan Road Capital Improvements Project No.:0268,Federal Aid No.:CM-1223(005) City of Spokane Valley and City of Spokane Valley and its officers.elected officials,employees,agents,and volunteers are additional..- (See Attached Description) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 E.Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 ;CLA-A-..0 //el-C7 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I of 13 rl)l DO(1) DESCRIPTIONS (Continued from Page 1 ) insureds on the general liability and automobile policies per the attached endorsements/forms. Coverage is primary and non-contributory on the general liability and automobile policies per the attached endorsements/forms. Waiver of subrogation applies on the general liability and automobile policies per the attached endorsements/forms. 2 of 12 (DLD00) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II —WHO IS AN (a) The Additional Insured — Owners, Les- INSURED: sees or Contractors — Scheduled Person Any person or organization that: or Organization endorsement CG 20 10 a. You agree in a written contract or agreement to 07 04 or CG 20 10 04 13, the Additional include as an additional insured on this Coverage Insured — Owners, Lessees or Contrac- Part; and tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, b. Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse- of those edition dates; or ment under this Coverage Part which includes (b) Either or both of the following: the Addi such person or organization in the endorsement's tional Insured—Owners, Lessees or Con schedule; tractors — Scheduled Person Or Organi- is an insured,but: zation endorsement CG 20 10, or the Ad- a. Only with respect to liability for "bodily injury" or ditional Insured — Owners, Lessees or "property damage" that occurs, or for "personal Contractors — Completed Operations en- injury" caused by an offense that is committed, dorsement CG 20 37, without an edition subsequent to the signing of that contract or date of such endorsement specified; agreement and while that part of the contract or the person or organization is an additional in- agreement is in effect; and sured only if the injury or damage is caused, b. Only as described in Paragraph (1), (2) or(3) be- in whole or in part, by acts or omissions of low, whichever applies: you or your subcontractor in the performance (1) If the written contract or agreement specifical of"your work"to which the written contract or ly requires you to provide additional insured agreement applies; or coverage to that person or organization by (3) If neither Paragraph(1) nor(2)above applies: the use of: (a) The person or organization is an addi- (a) The Additional Insured — Owners, Les- tional insured only if, and to the extent sees or Contractors— (Form B) endorse- that, the injury or damage is caused by ment CG 20 10 11 85; or acts or omissions of you or your subcon- (b) Either or both of the following: the Addi- tractor in the performance of"your work" tional Insured—Owners, Lessees or Con- to which the written contract or agree- tractors — Scheduled Person Or Organi- ment applies; and zation endorsement CG 20 10 10 01, or (b) Such person or organization does not the Additional Insured—Owners, Lessees qualify as an additional insured with re- or Contractors — Completed Operations spect to the independent acts or omis- endorsement CG 20 37 10 01; sions of such person or organization. the person or organization is an additional in- The insurance provided to such additional insured is sured only if the injury or damage arises out subject to the following provisions: of"your work"to which the written contract or a. If the Limits of Insurance of this Coverage Part agreement applies; shown in the Declarations exceed the minimum (2) If the written contract or agreement specifical- limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in- coverage to that person or organization by sured will be limited to such minimum required the use of: limits. For the purposes of determining whether CG D6 04 02 19 ©2017 The Travelers Indemnity Company.All rights reserved Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies,the minimum limits required result in a claim. To the extent possible,such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Urn- (a) How, when and where the "occurrence" brella or Excess liability coverage required for the or offense took place; additional insured by that written contract or (b) The names and addresses of any injured agreement. This provision will not increase the persons and witnesses; and limits of insurance described in Section HI—Limits Of Insurance. (c) The nature and location of any injury or b. The insurance provided to such additional insured damage arising out of the "occurrence" or offense. does not apply to: Any "bodilyinjury", (2) If a claim is made or"suit" is brought against (1) j y", "property damage" or "personal injury" arising out of the providing, the additional insured: or failure to provide, any professional archi- (a) Immediately record the specifics of the tectural, engineering or surveying services, claim or"suit"and the date received;and including: (b) Notify us as soon as practicable and see (a) The preparing, approving, or failing to to it that we receive written notice of the prepare or approve, maps, shop draw- claim or"suit"as soon as practicable. ings, opinions, reports, surveys, field or- (3) Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against (b) Supervisory, inspection, architectural or the"suit", and otherwise comply with all policy engineering activities. conditions. (2) Any "bodily injury" or "property damage" (4) Tender the defense and indemnity of any caused by "your work" and included in the claim or"suit" to any provider of other insur- "products-completed operations hazard" un- ance which would cover such additional in- less the written contract or agreement specifi- sured for a loss we cover. However,this con- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period. to other insurance available to such additional c. The additional insured must comply with the fol- insured which covers that person or organiza- lowing duties: lion as a named insured as described in Par- (1) Give us written notice as soon as practicable agraph 4., Other Insurance, of Section IV — of an "occurrence" or an offense which may Commercial General Liability Conditions. Page 2 of 2 2017 The Travelers Indemnity Company.All rights reserved. CG D6 04 02 19 • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT-Co-sF734249-PHX-19 ISSUE DATE: 04-12-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, GENERAL AGGREGATE IN A WRITTEN CONTRACT WHICH IS IN EFFECT LIMIT SHOWN ON THE DURING THIS POLICY PERIOD, TO PROVIDE A DECLARATIONS SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR 'PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally 3. Any payments made under COVERAGE A. obligated to pay as damages caused by "occur- for damages or under COVERAGE C. for rences" under COVERAGE A. (SECTION I), and medical expenses shall reduce the Desig- for all medical expenses caused by accidents un- nated Project General Aggregate Limit for der COVERAGE C (SECTION I), which can be that designated "project". Such payments attributed only to operations at a single desig- shall not reduce the General Aggregate Limit nated "project"shown in the Schedule above: shown in the Declarations nor shall they re- f. A separate Designated Project General Ag- gregate duce any other Designated Project General gregate Limit applies to each designated Aggregate Limit for any other designated "pro- ject", and that limit is equal to the amount of "project"shown In the Schedule above. the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented Project General Aggregate(s) are sched- To You and Medical Expense continue to uled above. apply. However, instead of being subject to 2. The Designated Project General Aggregate the General Aggregate Limit shown in the Limit is the most we will pay for the sum of all SEEM NEE Declarations, such limits will be subject to the damages under COVERAGE A., except applicable Designated Project General Ag- damages because of "bodily injury" or "prop gregate Limit. erty damage" included in the "products- B. For all sums which the insured becomes legally alma completed operations hazard", and for medi- obligated to pay as damages caused by "occur- cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION I), and less of the number of: for all medical expenses caused by accidents un- a. Insureds: der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- b. Claims made or"suits"brought; or nated "project"shown In the Schedule above: c. Persons or organizations making claims 1. Any payments made under COVERAGE A. or bringing"suits". for damages or under COVERAGE C. for medical expenses shall reduce the amount CG D2 11 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 2 011702 COMMERCIAL GENERAL LIABILITY available under the General Aggregate Limit gregate Limit, and not reduce the General Aggre- or the Products-Completed Operations Ag- gate Limit nor the Designated Project General gregate Limit, whichever is applicable; and Aggregate Limit. 2. Such payments shall not reduce any Desig- D. For the purposes of this endorsement the Defini- nated Project General Aggregate Limit. tions Section is amended by the addition of the C. When coverage for liability arising out of the following definition: "products-completed operations hazard" is pro- "Project" means all work performed by or for you vided, any payments for damages because of pursuant to a separate written contract. "bodily injury" or "property damage" included in E. The provisions of SECTION III — LIMITS OF the "products-completed operations hazard" will INSURANCE not otherwise modified by this en- reduce the Products-Completed Operations Ag- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright,The Travelers Indemnity Company,2003 CG D2 11 11 03 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company;or an insured, but only with respect to liability for (iii)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or"advertising injury" arising out of such op- that is your partner, joint venture erations. member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury"or"advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de Suit, of SECTION IV — COMMERCIAL GEN scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the"occurrence"or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1, or 2. However, if this Coverage Part includes an en- of Section II—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of"pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentatlons, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright,disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any lion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of"insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted. The following replaces the definition of "bodily injury"in the DEFINITIONS Section: Page 6 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares,we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However,this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or •• 'i • ' • .r - et. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract . Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit"is brought. (1) The"bodily injury"or"property damage"for , Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury' for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us.The insured must 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 those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured. The due date proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a_ Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©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 AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5.. Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is .An Insured. of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "properly damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization. that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "properly damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 C!)2016 The Travelers Indemnity Company All rights reserved Page 1 of 1 Includes copyrighted material of Insurance Services Office.Inc with its permission COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or led or authorized insurer outside the more airbags in a covered"auto"you own that in- United States of America, its territories flate due to a cause other than a cause of"loss" • and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- live prompt notice of the "accident" or"loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability corn- !. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: lice of the"accident"or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curved by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its perrmssion, COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph 8.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 0f 4 ©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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5.. Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is .An Insured. of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 2016 The Travelers Indemnity Company All rights reserved Page 1 of 1 Includes copyrighted material of Insurance Services Office.Inc with its permission.