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PK10-208 - Original - Evergreen Asphalt & Concrete, Inc. - Lake Fenwick Water Berm - 08/20/2010
Records manage me nt KENT Document WASKIHGTOM low CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: iC v 2 V-`1 V--e f VIA V a 1 -4 Co-v, c v-e 4-k, ( v, c Vendor Number: Z k -5 JD Edwards Number Contract Number: PK/ O - a d This is assigned by City Clerk's Office Project Name: L b- V\W P-ne y-v^ Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment contract ❑ Other: Contract Effective Date: v 12� 110 Termination Date: 10 Z -i 1 0 Contract Renewal Notice (Days)• _ Number of days required notice for termination or renewal or amendment Contract Manager: ty^l `Department: 1 0. - Detail: (i.e. address, location, parcel number, tax id, etc.): L a 1Ke PCk v- Z 5- R 2 Lo k-� R o a d 0 v,4--�A -Fa r k ��CA 10 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WAS NINGTCN PUBLIC WORKS AGREEMENT between City of Kent and EVERGREEN ASPHALT & CONCRETE, INC. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Evergreen Asphalt & Concrete, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 1567 Kent, WA 98035 P: 253-639-3779 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Install 18"x3"x30' water berm in the north parking lot at Lake Fenwick Park in Kent, Washington as described in the contractor's proposal dated July 15, 2010 attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I within 60 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed One Thousand Two Hundred Fifty Dollars ($1,250.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08 PUBLIC WORKS AGREEMENT - 1 (Under$10K and No Performance Bond) RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 (Under$10K and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed PUBLIC WORKS AGREEMENT - 3 (Under$1OK and No Performance Bond) with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an PUBLIC WORKS AGREEMENT - 4 (Under$10K and No Performance Bond) invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Under$10K and No Performance Bond) The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by PUBLIC WORKS AGREEMENT - 6 (Under$10K and No Performance Bond) filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Under$1OK and No Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: (signature (signature) Print Name: ��.��� � -1� uifs,, Print : Jeff Watling Its Its: Parks Director (title) DATE: 8 " � �� DATE: � 7 .0 VQ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Shane Gilbertson Scott Swanson Evergreen Asphalt & Concrete City of Kent PO Box 1567 220 Fourth Avenue South Kent, WA 98035 Kent, WA 98032 253-639-3779 (telephone) (253) 856-5125 (telephone) (253) 856-6120 (facsimile) Lake Penwick Park,Water Berm PUBLIC WORKS AGREEMENT - 8 (Under$10K and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, II agree to fulfill the five requirements referenced above. Dated this 1 day of ✓� ��. ,r , 2010. By: (S�. For: �cJk Title: �v�utcy Date: 43 "1 oD EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 12010. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Evergreen Asphalt&Concrete,Inc. PROPOSAL P.O_Box_1567 A ---- - — Kent,WA 98035-1567 Date Proposal# Ph/Fax: 253-639-3779 7/15/2010 3279 PROPOSAL SUBMITTED TO Ctry of Kent 220 Fourth Avenue Kent,WA 98032 253-740-7083 TERMS SUBMITTE JOB ADDRESS Due on receipt DEN Qty Description Rate Total Lake Fenwtck Park• I Install 18"x3"x30'Water Berm 1,25000 1,250.00T Install I8"x3"x 30'Water Berm t`1„/.kh Pa e k k` � low ACCEPTANCE OF PROPOSAL Sales Tax (9.5%) $118 75 The above prices,specifications and conditions are satisfactory and are herby accepted You are authorized to do the work as specified Payment is due within 30 days of completion of Total $1,368 75 work 1 5%PER MONTH SERVICE CHARGE ON ALL PAST DUE ACCOUNTS IN THE EVENT LEGAL ACTION IS TAKEN TO COLLECT ANY AMOUNTS DUE,YOU AGREE TO PAY ALL LEGAL FEES&EXPENSES THIS QUOTATION IS ONLYSIgnature VALID FOR THIRTY(30)DAYS E-mail. Web Site Evergreenaci@comcast.net comcast.net Evergreenasphalt com EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL (combined with Products/Competed Operations coverage) and Auto Liability policies cited above. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this EXHIBIT B (Continued) Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be sub]ect to all of the same insurance requirements as stated herein for the Contractor. Client#:38262 EVERASP ACORDT. CERTIFICATE OF LIABILITY INSURANCE 8DATE(MMIDDffYYY) /12/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell-Anderson Ins.-Kent C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O.Box 887 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 724 West Smith St. Kent,WA 98035-0887 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Continental Western Ins Co Evergreen Asphalt&Concrete, Inc. INSURER B PO Box 1567 INSURER C Kent,WA 98035 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN R NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE MM1DD DATE MMIDDrYYYY A GENERAL LIABILITY CNP2759716 05/03/2010 05/03/2011 EACH OCCURRENCE $1 000 DD0 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ncel $300 000 CLAIMS MADE O OCCUR MED EXP(Any one person) $1 D 000 X PD Ded $500 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE $2 DDD 000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $2000000 17 POLICY X PROJECT LOC A AUTOMOBILE LIABILITY CNP2759716 0510312010 05/03/2011 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Peraccldent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ 0 AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 71 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WOEMPLOYERS'LIABILITY RKERS COMPENSATION AND CNP2759716 05/03/2010 05/03/2011 TWO STATU- OTH- T IT - A ANY PROPRIETORIPARTNER/EXECUTIVE -WA Stop Gap- EL EACH ACCIDENT $1,000,000 OFandaFICERtorlM�MBFHR EXCLUDED? (MYnn ) N EL DISEASE-EA EMPLOYEE $1,000,000 If yes,descnbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Lake Fenwlck Parking Lot The certificate holder is additional Insured for general liability, but only if required by written contract or written agreement per the attached endorsement#CLCG0020(03/07). CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL AS DAYS WRITTEN Parks&Recreation Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn:Tony Donatl IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 5821 S 240th St. REPRESENTATIVES Kent,WA 98032 AUTHORIZED REPRESENTATIVE P**tos '6 ACORD 25(2009/01)1 of 2 #S276485/M262645 © 1988.2009 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD GSS IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009/01) 2 of 2 #S2764851M262645 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS (b) That is Fire, Lightning, Explosion or If SECTION 1—COVERAGE C MEDICAL PAY- Sprinkler Leakage insurance for prem- isesMENTS is not otherwise excluded from this rented to you temporarily pied by you with thea permission off Coverage Part the owner, 1. The Medical Expense Limit provided by this 4. Paragraph 9.a. of SECTION V — DEFINI- policy,subject to the terms of SECTION III- TIONS is deleted and replaced by the follow- LIMITSS OF INSURANCE, shall be the ing, greater of a. $10,000,or a. A contract fora lease of premises. However, that portion of the contract for b. The Medical Expense Limit shown in the a lease of premises that indemnifies any Declarations of this Coverage Part person or organization for damage by B. FIRE LIGHTNING, EXPLOSION,SMOKE AND fire, lightning, explosion or sprinkler leakage to premises white rented to you SPRINKLER LEAKAGE DAMAGE TO PREM- ISES YOU RENT or temporarily occupied by you with permission of the owner is not an "in- If damage to premises rented to you under Cov- sured contract", erage A is not otherwise excluded from this pol- C. NON-OWNED WATERCRAFT icy,the following applies. 1. The last paragraph of SECTION I — COV- I. Paragraph Exclusions is deleted and re- SECTION I — COVER- ERAGE A.2. Exclusions is deleted and re- AGE A.2. efol placed by the following placed by the following Exclusions c through n do not apply to A watercraft you do not own that is, damage by fire, lightning,explosion or sprin- (a) Less than 51 feet long,and kler leakage to premises while rented to your (b) Not used to carry persons or property for or temporarily occupied by you with permis- a charge sion of the owner A separate limit of insur- once applies to this coverage as described D. SUPPLEMENTARY PAYMENTS In SECTION III—LIMITS OF INSURANCE SECTION I — SUPPLEMENTARY PAYMENTS 2. Paragraph S. of SECTION III— LIMITS OF — COVERAGES A AND B is amended as fol- INSURANCE is deleted and replaced by the lows: following 1. The limit of insurance in paragraph 1.b, is 6. Subject to 6.above,the greater of, increased from$250 to$2,500,and a. $300,000,or 2. The limit of insurance in paragraph 1.d. is b. the Damage To Premises Rented increased from$250 to$600 To You Limit shown in the Declara- E. AUTOMATIC ADDITIONAL INSURED — tions, SPECIFIED RELATIONSHIPS is the most we will pay under COVER- The following ps added to Paragraph 2. of SEC- AGE A for damages because of"prop- TION II-WHO IS AN INSURED erty damage"to any one premises,while e. Any person or organization described in rented to you,or temporarily occupied by paragraph f, below, whom you and such you with the permission of the owner pperson or organization have agreed in wrd- arising out of any one fire, lightning,ex- Pr In a contract or agreement that such per- plosion or sprinkler leakage Incident son or organization be added as an addl- S SECTIONN IV 4.b.(29 Other MERCIALSGurance of ENERAL Donal insured on your policy LIABILITY CONDITIONS is deleted and re- placed by the following CL CG 00 20 08 07 Includes coWghted material of i nsureice Services Page 1 of 6 Office,Inc,with Its permission d Such person or organization is an Insured (c) The ownership,maintenance,or use provided of any elevators. (1) The written or oral contract or agree- F. ADDITIONAL INSURED-OWNERS,LESSEES ment is: OR CONTRACTORS-AUTOMATIC STATUS (a) Currently in effect or becomes effec- 1. SECTION II - WHO IS AN INSURED is tive during the policy period,and amended to include as an additional insured (b)-Executed-prior-to-an-'occurrence'-or any_person_or_organizatwn_for_whomyouu_are offense to which this insurance performing operations when you and such would apply person or organization have agreed in writ- ing in a contract or agreement that such per- (2) They are not specifically designated as son or organization be added as an addi- an additional insured under any other tional insured on your policy Such person or provision of, or endorsement added to, organization is an additional insured only this policy with respect to liability for "bodily injury', f. Only the following persons or organizations „ roperty damage" or personal and adver- are additional insureds under this endorse- in9 injury caused, In whole or in part,by. ment, and coverage provided to such addi- a. Your acts or omissions,or tional insureds is limited as provided herein: b. The acts or omissions of those acting on (1) The manager or lessor of a premise your behalf, leased to you,but only with respect to IV ability arising from the ownership, main- in the performance of your ongoing opera- tenance or use of that part of the prem- irons for the additional insured lass leased to you and subject to the fol- A person's or organization's status as an ad- lowing additional exclusions ditional insured under this policy ends when This insurance does not apply to your operations for that additional insured (a) Any"occurrence"which takes place are completed after you cease to be a tenant of that 2. With respect to the insurance afforded to premises. these additional insureds,the following addi- (b) Structural alterations, new construct tional exclusions apply tion or demolition operations per- This insurance does not apply to formed by or on behalf of the man- ager or lessor a. "Bodily injury", "property damage" or "personal and advertising injury" arising (2) Any person or organization from whom out of the rendering of, or the failure to you lease equipment, but only with re- render, any professional architectural, spect to liability for"bodily injury',"prop- engineering or surveying services, in- erty damage"or"personal and advertis- cluding Ing injury'caused, In whole or in part,by your maintenance, operation or use of (1) The preparing, approving, or failing equipment leased to you by such per- to prepare or approve, maps, shop son(s)or organization(s). drawings,opinions,reports,surveys, field orders,change orders or draw- However, this insurance does not apply ings and specifications,or to any "occurrence" which takes place after the equipment lease expires (2) Supervisory, inspection, architec- (3) Any state or political subdivision,subject tural or engineering activities to the following additional provision. b. "Bodily injury' or "property damage" This Insurance applies only with respect occurring after to the following hazards for which the (1) All work, including materials, parts state or political subdivision has issued a or equipment furnished in connec- permit in connection with premises you tion with such work, on the project own,rent, or control and to which this In- (other than service, maintenance or surance applies, repairs) to be performed by or on at (a) The existence, maintenance, repair t he eh coations of the covered aditionaleopera- construction, erection, or removal of trons has been completed,or advertising signs, awnings, cano- pies, cellar entrances, coal holes, (2) That portion of "your work" out of driveways, manholes, marquees, which the injury or damage arises hoist away openings, sidewalk has been put to its intended use by vaults, street banners, or decora- any person or organization other tlons and similar exposures,or than another contractor or subcon- (b) The construction, erection, or re- tractor engaged In performing op- moval of elevators,or erations for a principal as a part of the same project. CL CO 00 20 03 07 Includes oopynghted material of Insurance Services Page 2 of 6 Office,Inc,NFIh gs permission 3. The Insurance provided by this endorsement a. We may pay any part or all of the de- is primary Insurance and we will not seek ductible amount to effect settlement of contributon under any Insurance policy un- any claim or suit and, upon notification der which such additional Insured is a of the action taken, you shall promptly named Insured, If such policy was procured reimburse us for such part of the de- and paid for by such additional Insured,or a ductible amount as we have paid parent or related entity of such additional in- N. BROADENED NAMED INSURED sured 4. With respect to the insurance afforded to Paragraph 3. of SECTION 11 -WHO IS AN Ill these additional insureds, SECTION III — SURED is deleted and replaced by the following LIMITS OF INSURANCE ie amended as fol- Any organization,other than a joint venture,over lows which you maintain ownership or majority inter- est of more than 50%will be a Named Insured if PP there is no other similar insurance available to sured are those specified in the written con- that organization However, tract or agreement or the emits stated in the Declarations,whichever is less If no limits a. Coverage under this provision is afforded are specified in the written contract or only until the 180th day after you acquire or agreement, the limits applicable to the addi- form the organization or the end of the policy tional insured are those specified in the Dec- period,whichever is earlier. larations The limits of insurance are inclu- b. COVERAGE A does not apply to"bodily in- sive of and not in addition to the limits of in- jury'or"property damage"that occurred be- surance shown in the Declarations fore you acquired or formed the organiza- G. PROPERTY DAMAGE TO BORROWED tion. EQUIPMENT c. COVERAGE B does not apply to 'personal 1. Paragraph 2.J, of SECTION I - COVER- and advertising injury' arising out of an of- AGES, COURAGE A BODILY INJURY fense committed before you acquired or AND PROPERTY DAMAGE LIABILITY Is formed the organization. amended as follows I. CONSTRUCTION PROJECT GENERAL AG- Paragrapphs (3) and (4) of this exclusion do GREGATE LIMIT not appy to tools or equipment loaned to 1 For all sums which the insured becomes you,provided they are not being used to per- legally obligated to pay as damages caused form operations at the time of loss by 'occurrences" under COVERAGE A 2 SECTION III — LIMITS OF INSURANCE is (SECTION 1), and for all medical expenses deleted and replaced by the following caused by accidents under COVERAGE C (SECTION 1),which can be attributed only to The most we will pay in any one "occur- ongoing operations at a single construction rence" for "property damage' to borrowed project away from premises owned by or equipment is $15,000 This limit of insur- rented to the Insured: ance is the most we will pay regardless of a. A Single Construction Project General the number of Aggregate Limit applies to each Ion- a. Insureds, struction project away from premises b. Claims made or'suits"brought,or owned by or rented to the Insured, and that limit is equal to the amount of the c. Persons or organizations making claims General Aggregate Limit shown in the or bringing"suds" Declarations 3. Deductible b. The Single Construction Project General a. Our obligation to a damages on behalf Aggregate Limit Is the mos we will pay 9 pay 9 for the sum of all damages under COV- of the Insured applies on to the amount ERAGE A,except damages because of of damages in excess o $250 as appll- "bodily Injury' or "properly damage" in- cable to 'property damage"as the result cluded in the "products-completed op- of any one 'occurrence, regardless of orations hazard', and for medical ex- the number of persons or organizations penses under COVERAGE C regardless who sustain damages because of that of the number of "occurrence" b. The terms of this insurance, including (1) Insureds, those with respect to our right and duty (2) Claims made or'sults"brought;or to defend the insured against any"suds (3) Persons or organizations making seeking those damages,and your duties claims or bringing"suits" In the event of an"occurrence",claim,or "suit"apply irrespective of the application of the deductible amount CL CG 00 20 03 07 Indudes copyrighted materiel of insurance Servkes Page 3 of 0 Office,Inc,vnth its permission c. Any payments made under COVERAGE J. KNOWLEDGE OF OCCURRENCE A for damages or under COVERAGE C The following is added to paragraph 2,Duties In for medical expenses shall reduce the The Event Of Occurrence, Offense, Claim Or Single Construction Project General Ag- Suit of SECTION IV - COMMERCIAL GEN- gregate Limit for that construction pro- ERAL LIABILITY CONDITIONS, ject away from premises owned by or rented to the insured Such payments e. A report of an "occurrence", offense, claim shall-not-reduce-the-General Aggregate—_— or"surf°to Limit shown in the Declarations nor shall they reduce any other Single Construe 1f) You.if you are an mdroiduah -_____ _' Formatted Font Bold_ tion Project General Aggregate Limit for 12) A partner,If you are a partnership, Formatted:Indent Left o", any other separate construction project Hanging: 075',Space After: 6p4 away from premises owned by or rented 13) An executive officer if you are a- `, Line spacing: exactly 10 pt to the Insured. corporation.Or Formatted:Font.Bold d. The limits shown In the Declarations for dJ A manager, if you area limited liability_ Formatted:Font:Bold Each Occurrence, Fire Damage and companv, Medical Expense continue to apply Is considered knowledge and requires you to Formatted-Font:Bold However, instead of being subject to the notify us of the"occurrence",offense,claim, General Aggregate Limit shown In the or"surf"as soon as practicable Declarations, such limits will be subject to the applicable Single Construction f. We are considered on notice of an Project General Aggregate Limit "occurrence", offense, claim or "suit" that is 2. For all sums which the insured becomes reported to your Workers' Compensation legally obligated hi a as damages caused insurer for an event which later develops Into 9 N 9 pay an "occurrence", offense, claim or "suit" for by 'occurrences" under COVERAGE A which there is coverage under this policy (SECTION 1), and for all medical expenses However, we will only be considered on caused by accidents under COVERAGE C notice if you notify us as soon as you know (SECTION 1), which cannot be attributed the claim should be addressed by this policy only to ongoing operations at a single desig- rather than your Workers' Compensation noted construction project away from prom- policy. ises owned by or rented to the insured a. Any payments made under COVERAGE K UNINTENTIONAL OMISSIONS A far damages or under COVERAGE C The following Is added to paragraph 6. Repre• for medical expenses shall reduce the sentations of SECTION IV - COMMERCIAL amount available under the General Ag- GENERAL LIABILITY CONDITIONS: gregate Limit or the Products-Completed d If you unintentionallyy fad to disclose any ex- Operations Aggregate Limit, whichever posures existing at tha inception date of your is applicable,and policy, we will not deny coverage under this b. Such payments shall not reduce any Coverage Part solely because of such failure Single Construction Project General Ag- to disclose However, this provision does gregate Limit not affect our right to collect additional pre- mium or exercise our right of cancellation or 3: When coverage for liability arising out of the non-renewal "products-completed operations hazard" is proved, anyy payments for damages be- id This provision does not apply to any known cause of"bodlly injury'or"property damage" injury or damage which Is excluded under Included in the "products-completed opera- any other provision of this policy tlons hazard" will reduce the Products- L. MENTALANGUISH Completed Operations Aggregate Limit,and Paragraph 3. of SECTION V-DEFINITIONS is not reduce the General Aggregate Limit nor danger and replaced b the following* -DE the Single Construction Project General Ag- P Y gregate Limit 3. "Bodily injury' means bodily injury, sickness 4. If the applicable construction project away or disease sustained by a person, Including from premises owned by or rented to the in mental anguish or death resulting from any sured has been abandoned, delayed, or of these at any time abandoned and then restarted, or if the au- M. WAIVER OF TRANSFER OF RIGHTS OF RE- thorized contracting parties deviate from COVERY AGAINST OTHERS plans, blueprints, designs, specifications or Paragraph 8. Transfer Of Rights Of Recovery timetables,the project will still be deemed to Agains Others To Us of SECTION IV-COM- MERCIAL GENERAL LIABILITY CONDITIONS 6. The provisions of Limits Of Insurance is amended by the addition of the following (SECTION 111)not otherwise modified by this endorsement shall continue to apply as stipulated. CL CG 00 20 03 07 Includes Copyrighted material of Insurance services Page 4 of 6 Office,Inc,with Re permission We waive any right of recovery we may have be- the premises, site or loca- cause of payments we make for injury or dam- lion in connection with such age arising out of your ongoing operations or operations by such insured, "your work"done under a contract requiring such contractor or subcontractor waiver with that person or organization and in- Subparagraph (b) does not cluded in the 'products-completed operations „ { hazard" apply to bodiy injury' or "property damage" ansing However, orrPub�ay only be walved prior tu out of heat,smoke or fumes the"occurrence giving rise to the injury or dam- from a"hostile fire" age for which we make payment under this Cov- erage Part The insured must do nothing after a trig out of any loss to impair our rights At our request, the in- sured will bring "suit" or transfer those rights to (a) Request, demand, order or us and help us enforce those rights. statutory or regulatory re- N. LIMITED JOB SITE POLLUTION gWrement Issued or made pursuant to any environ- 1. Exclusion f. under Section I—Coverage A mental protection or emri- is replaced by the following. ronmental liability statutes or 2. Exclusions regulations that any insured test for, monitor, clean up, This insurance does not apply to: remove, contain, treat, de- f. Pollution way or neutralize,or in any way respond to, or assess (1) "Bodily injury'or"property dam- the effects of, "pollutants", age"arising out of the actual,al or - leged or threatened discharge, (b) Claim or suit by or on behalf dispersal, seepage, mil release or escape of pollut- of a governmental authority ants", for damages because of testing for, monitoring, (a) At or from any premises, cleaning up, removing, con- site or location on which any taming, treating, detoxifying Insured or any contractors or neutralizing or in any way or subcontractors working responding to or assessing directly or Indirectly on any the effects of,"pollutants" insured's behalf are per- However, this paragraph does forming operations if the not apply to liability for those operations are to test for, sums the Insured becomes le- monitor, clean up, remove, gally obligated to pay as dam- contain, treat, detoxify or ages because of"property dam- neutralize, or in anyway re- age" that the insured would spond to, or assess the ef- have in the absence of such re- fects of,"pollutants",or quest, demand, order or slatu- (b) At or from a storage tank or tory or regulatory requirement, other container, ducts or or such claim or "suit by or on piping which is below or par- behalf of a governmental author- tially below the surface of KY• the ground or water or 2, With respect to "bodily injury" or "property which,at any time,has been damage"arising out of the actual, alleged or buried under the surface of threatened discharge, dispersal, seepage, the ground or water and migration,release or escape of"pollutants'. then subsequently exposed by erosion, excavation or a. The "Each Occurrence Limit" shown in any other means if the so- the Declarations does not apply tual, alleged or threatened discharge, dispersal, seep- b. Paragraph 7, of Limits Of Insurance age, migration, release or (Section III)does not apply escape of"pollutants"arises c. Paragraph 1. of Section III—Limits Of at or from any premises,site Insurance is replaced by the following or location which any in- sured or any contractors or The Limits Of Insurance shown in this subcontractors working di- endorsement,or in the Declarations and rectly or indirectly on any in- the rules below fix the most we will pay sured's behalf are perform- regardless of the number of Ing operations if the "pollut- (1) Insureds, ants"are brought on or to CL CO 00 20 03 07 Indudescopyfthted matedal of Insurance Serdces Page S of 6 Office,Inc,vnlh its permission (2) Claims made or'sults"brought,or 9. Subject to 8. above, the Medical (3) Persons or organizations making Expense Limit is the most we will claims or bringing"scats" pay under Coverage C for all medi- cal expenses because of"bodily in- d. The following are added to Section III— jury' sustained by any one person Limits Of Insurance: arising out of the actual, alleged or threatened discharge, dispersal, 8. Sub act to 2. or 3.above,whichever seepage migration, release or es- app�iw-the most we will pay for th cape of"pollutants" sum of O. OTHER INSURANCE a. Damages under Coverage A; and If this policy Includes a Coverage Form or an Endorsement which provides coverage for loss b. Medical expenses under Cover- or damage covered by one or more of the Ex- age C tensions of this endorsement, the limit and the because of "bodily injury' or 'prop- coverage provided by this endorsement are de- 0 damage" arising out of the ac- coverage and replaced by the Omit and coverage fuel, all .gled or threatened dis- provided by that Coverage Form or Endorse- charge, dispersal, seepage, miggra- tion, release or escape of "pollut- an&'is$100,000 CL CG 00 20 03 07 Includes copynghted material of Insurance services Page 8 of 8 Office,Inc.,with Its permission Z . ... Y m • c S � � n�� � i) n n... u)� � � N Yi of vi N N u5 ui uai n m W N n uS '7i m iTi Q a « N O F G ~ W W 3 3 13V n 3 (3V N N !s r S Y c a : ♦f N ? 0 W 2 � a o « Z N « 09 . U w U' a Z U Y u j rc W « ymW O m m u 0 O M O U J ¢O M U w W u z ZO • D W z o z J a w z i w we w ,u u o w 0 0 u a a z « F J z LL w Z Z m F O w ~ N< m Z % x f F z W J Y « U Q z r U Z N 7 O O W ¢~¢ u W z V O w Z. 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