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HomeMy WebLinkAboutPW12-202 - Original - Washington Crane & Hoist - Emergency Hoist Repairs - 07/20/2012 ecords MCH lagemTei . - t KENO Document W ASMINOTON 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: Washington Crane & Hoist Vendor Number: 37583 ID Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Annual Hoist Inspections Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/20/12 Termination Date: 10/18/12 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Sean Bauer Department: PW Operations Water Detail: (i.e. address, location, parcel number, tax id, etc.): Provide annual inspection of three mono rail hoists. S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Washington Crane & Hoist THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington Crane & Hoist organized under the laws of the State of Washington, located and doing business at 1334 Thornton Ave SW, Pacific, WA 98047 Attn Jeff Evans (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide an annual inspection of three mono rail hoists as described and incorporated in the attached document listed as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 90 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $1,500.00, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Under$10,000.00, including WSST) At completion of inspections and invoicing within 30 days. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor 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 Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, including WSST) by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor 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. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor 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 Vendor 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 Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor'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. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor'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 S. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor 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 Vendor'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 invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor 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 Vendor 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 Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR 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 VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor 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 part of the goods are repaired, 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 Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, including WSST) X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. XIV. 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. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, including WSST) 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 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 XI 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) 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. VENDOR: CITY OF KENT: By: l/ ��' By: (signature) (signature) Print Name: Print Name: Brad Lake Its: Its: Operations Manager DATE: `►� ti+I� (title) DATE: -1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jeff Evans Sean Bauer Washington Crane & Hoist City of Kent 1334 Thornton Ave SW 220 Fourth Avenue South Pacific, WA 98047 Kent, WA 98032 800-304-6661 (telephone) (253) 856-5616 (telephone) 253-863-6667 (facsimile) (253) 856-6600 (facsimile) GOODS & SERVICES AGREEMENT - 7 (Under$10,000,00, Including WSST) 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, I agree to fulfill the five requirements referenced above. Dated this day of , 20 By: ff For: QS� nq on Cyan o(J C� Inc . Title: 1 'N Date:1I �� I � d� Tr EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 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 , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EyRibirA NMIWASHINGMN CCRANE & HOIST Material Harding Sokations For kxlM"t July 10, 2012 Quote#12-06-10-JE REV 1 City of Kent 220 4tn Ave S Kent WA, 98032 253-856-5616 ATT Sean Bauer Subject: Hoist& Crane Inspection and Preventative Maintenance Program Washington Crane & Hoist proposes to provide labor and equipment required to perform frequent and periodic inspections as preventative maintenance on the cranes and hoists outlined as follows Qty: Description: 3 2 —Ton Mono Rail Hoists — Kent— Maple Valley— Black Diamond Frequent Inspections: OSHA and ANSI require this frequent visual inspection of all cranes and hoists be performed on a daily to monthly interval based on the use, environment and duty cycle of the equipment A certificate record documenting the condition of the load cable or chain and hoist hook including the signature of the inspector, must be updated monthly and kept on file for each unit Washington Crane & Hoist shall visually examine the equipment for compliance with the applicable OSHA and ANSI standards Operating mechanisms, hooks, hook latches, load cables or chain and rope reeving for proper operation or excessive wear or damage. Any conditions requiring correction shall be noted on a site prepared deficiency report The required certificate record shall be updated monthly and a copy provided to your appointed contact after the inspection Periodic Inspections: OSHA and ANSI require a periodic hands-on and visual inspection of cranes and hoists This inspection must be performed on a monthly to annual interval that is determined by the use, environment and duty cycle of the equipment The periodic inspection, which also includes the inspection requirements of the frequent inspection, must be documented showing the items that were inspected as well as their condition Washington Crane & Hoist shall examine equipment for compliance with the applicable OSHA and ANSI standards Operating mechanisms, hooks, load cables or chain and rope reeving shall be inspected for proper operation, excessive wear and damage The structural members and load bearing mechanical parts, such as drums, and sheaves shall be inspected for excessive wear and damage Brakes shall be checked for excessive wear and proper 1334 Thornton Avenue SW * Pacific, WA 98047 1-800-304-6661 * FAX 253-863-6667 * www washingtoncrane.com operation Electrical components shall be inspected for deterioration of contacts, limit switches and push buttons Any conditions requiring correction shall be outlined on a computer generated checklist and deficiency report provided after the inspection Preventive Maintenance: OSHA and ANSI require that a maintenance program based on the manufacturer's recommendations be implemented In conjunction with a periodic inspection, Washington Crane & Hoist shall perform the following preventative maintenance items as required on each unit Oil levels shall be checked and topped off as required for each gearbox Lubrication shall be applied as required to the hook thrust bearing, exposed gears and pinions, wire rope or load chain, and grease fittings Limit switches and brakes shall be checked and adjusted as required Control contacts shall be checked and cleaned as required Control cabinet's, service platforms and walkways shall be cleaned as required Control cabinets, service platforms and walkways shall be cleaned of loose debris Pendant stations and controllers shall be wiped clean Recommendations: Based on the service of your equipment and the OSHA—ANSI requirements for that service, Washington Crane & Hoist recommends the following frequent and periodic inspection and maintenance program for your equipment Normal service Operation with random distributed loads within rated load or uniform distributed loads of not exceeding 65% to 85% of the rated capacity for no more than 25% of shift or 10 lifts per hour Annuall inspections shall be performed by WCH Annually: (1 Time ) Price per Annuall inspection ($860.00 x 1) $860.00 ' Price per preventive maintenance service($ 00.00 x 1) $ 00.00 Included in periodic inspection: Total annual price of inspection and maintenance program: $860.00 PENDANT WARNING LABELS— FREE FOR FIRST TIME INSPECTION 1334 Thornton Avenue SW * Pacific,WA 98047 1-800-304-6661 * FAX 253-863-6667 * www washmgtoncrane com Terms &Conditions: 1. Prices quoted are valid for 30 days. 2. Acceptance of order subject to credit approval 3 Prices quoted do not include applicable sales tax and/or inbound freight 4. Prices quoted are based on free and clear access to equipment 5 Prices quoted do not include repairs, repair parts or lubrication 6 Materials and/or labor for lubrication and/or approved repairs shall be billed in addition to the inspection at their applicable rates 7 Parts or labor prices for repairs required to correct deficiencies may be based on L&M rates or quoted prices 8. Special equipment required to inspect or maintain high reach or difficult access equipment is not included in the price of this quote 9 Prices are valid for a year term with a signed purchase agreement 10 Prices are based on Monday — Friday Washington Crane & Hoist appreciates the opportunity to provide this proposal and looks forward to working with your company by providing a professional crane and hoist inspection and maintenance service Sincerely, Jeff Evans Washington Crane & Hoist Co www washingtoncrane com 1334 Thornton Avenue SW * Pacific, WA 98047 1-800-304-6661 * FAX 253-863-6667 * www washmgtoncrane.com EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. i 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant 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. EXHIBIT B (Continued) 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 insurance: 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant 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 Consultant'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. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant 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 insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 subject to all of the same insurance requirements as stated herein for the Consultant. Client#:103184 WASHCRANI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 7i16120 fi12D12 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 SY 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 polley(les)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: Verna Rettke Propel Insurance P 800499-0933 866.577.1326 Tacoma Commercial insurance 5 MANo Eat): A C No Aooaess• vrr propeiinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(Sl AFFORDING COVERAGE NAIC 0 Tacoma,WA 98402 INSURER A:Transportation Insurance Compan INSURED Washington Crane&Hoist Co.Inc. INSURER B.'Continental Casualty Company 20443 1334 Thornton Ave.S.W. INSURER c•Evanston Insurance Company Pacific,WA 98047 INSURER O: 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 CONTRACTOR 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. SR TYPE OF INSURANCE MOD UB POLICY NUMBER MMrOWYYYY MMIDo LIMfTS A GENERALLIAeILDY X X 2076264020 0312812012 031281201a EE�ApCMMHgAOECCTURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMI ES &%EEence $1 OD OOO CLAIMS-MADE a OCCUR MEDEXP(Anymeparam) SS 000 X WA Stop Gap PERSONAL&ACV INJURY $1,000,000 GENERALAGGREGATE 52 0-0-O,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG s2,000,000 POLICY X PRO LCC S , B AUTOMOBILE LIABILITY 2076264834 312B12012 0312812012 COMBINED ea�C DSINGL LIMIT ntl 51,000 DDD Ix ANY ALTO BODILY INJURY(Per person) 5 ALL OWNED SCEDULEDAUTOSAUTOS BODILY INJURY(Per accitlem) S �ROP M[MMAGHI ER OA11T05 XWVED E S S C X UMBRELLA LEAR X OCCUR XOAZ252912 3128/201203128/201 EACHOCCURRENce 55000D0-0 EXCESS UAS CLAIMS-MACE AGGREGATE 35.000.000 DIED I I RETENTIONS S , WORKERS COMPENSATION WA State Fund WC STA7U- OTH- AND EMpPpLp13�YEEEE7RR�S'LIABILnY OFFlPCRERlMEM ORIPItARG�UD�ECUnVE[ NIA EL EACH ACCIDENT S (Mandatory In NH) EL DISEASE-EA EMPLOYEE S II Yam.dascdbo wrier DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORU I a7,Addlllonal Remarks Schedule,If mom space Is required) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THUABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN 220 4th Ave.S. ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA SB032 AUTHORIZED REPRESENrATNE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of I The ACORD name and logo are reg(stered marks of ACORD #S9534581MS82040 VRR00 WesMngton crane d Hoist Co.rna POLICY NUMBER:2076264820 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMiT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Each of your construction projects located away from premises owned by or rented to you Information required to complete this Schedule if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical 'occurrences' under Section 1-- Coverage A, and expanses shall reduce the Designated for all medical expenses caused by accidents under Construction Project General Aggregate Limit Section 1 - Coverage C, which can be attributed for that designated construction project- Such only to ongoing operations at a single designated payments shall not reduce the General construction project shown in the Schedule above: Aggregate Limit shown in the Declarations nor 1- A separate Designated Construction Project shall they reduce any other Designated General Aggregate Limit applies to each Construction Project General Aggregate Limit 's - - —designated construction project,-and-chat-limit-Is- for an other designated construction project equal to the amount of the General Aggregate shown In the Schadu a above. Limit shown In the Declarations. 4. The limits shown in the Declarations for Each 2. The Designated Construction Project General Occurrence, Damage To Premises Rented To a Aggregate Limit Is the most we will pay for the You and Medical Expense continue to apply. sum of all damages under Coverage A, except However, Instead of being subject to the damages because of'bodily Injury' at'property General Aggregate Limit shown in the damage' included In the 'products-completed Declarations, such limits will be subject to the operations hazard; and for medical expenses applicable Designated Construction Project under Coverage C regardless of the number of: General Aggregate Limit. a. Insureds; b. Claims made or'suits'brought;or c. Persons or organizations making claims or bringing'suits.* ; CG 25 03 05 09 Copyright, Insurance Services Office, Inc.,2008 Pagel at 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'products-completed operations hazard' Is 'occurrences" under Section i — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents under 'bodily injury' or'property damage' included In the Section I—Coverage C,which cannot he attributed 'products-completed operations hazard'will reduce only to ongoing operations at a single designated the Producls-completed Operations Aggregate construction project shown in the Schedule above: Limit, and not reduce the General Aggregate Limit 1. Any payments made under Coverage A for nor the Designated Construction Project General damages or under Coverage C for medical Aggregate Limit expenses shall reduce the amount available D. If the applicable designated construciion project under the General Aggregate Limit or the has been abandoned, delayed, or abandoned and Products-complated Operations Aggregate then restarted, or li the authorized contracting Limit,whichever is applicable; and parties deviate from plans, blueprints, designs, 2. Such payments shall not reduce any specifications or timetables, the project will still be Designated Construction Project General deemed to be the same construction project. Aggregate Lim€L E. The provisions of Section iII—Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. t Page 2 of 2 Copyright,Insurance Services Offfce,inc.,2008 CQ 25 03 05 09 CNA (Ed. 12110) 2076264820 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUFACTURERS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The changes this endorsement makes to coverage provided by the Commercial General Liability Coverage Part are void with respect to any coverage that has been excluded by another endorsement attached to this policy. Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement 1. Property Damage—Patterns,Molds And Dies 13. Broad Knowledge of Occurrence 2. Additional Insured—Blanket Vendors 14. Notice of Occurrence 3. Miscellaneous Additional Insureds 15. Unintentional Failure To Disclose Hazards 13 additional insured extensions. 4. Broad Named Insured/Newly Formed Or 16. Expanded Personal And Advertising Injury Acquired Organizations 8. Joint VentureslPartnership/Umited Liability 11. Bodily Injury—Extension of Coverage Companies Coverage for your interest in such terminated or ended organizations. 8. Partnership OrJoint Ventures 18. Expected Or Intended Injury Partnership includes a limited liability partnership. Reasonable force—bodily injury or property damage. T. Incidental Health Care Malpractice Coverage 19. Liberalization Clause 8. Supplementary Payments 20. Property Damage-Elevators Cost of bail bonds increased to$2,500. Daily loss of earnings Increased to$1,000. 9. Medical Payments 21. Blanket Waiver of Subrogation Limits increased to$15,000. Waiver of subrogatlon where required by written Reporting Increased to three years from the contract orwritten agreement date of accident 10. Non-awned Watercraft 22. In Rem Actions Increased to 55 feet 11. Non-owned Aircraft 23. Primary And Non-Contributory To Other Insurance 12. Legal Liability—Damage To Premises 24. Limited Contractual Liability for Personal Extended perils, and Advertising Injury Limit Increased to$200,000, G 144041-D Page 1 of 11 (Ed. 12110) Includes copyrighted malarial or insurance Services Office.Inc.,with its permission. CNA (Ed. 1410) (Ed. 1?110) 2076204820 1. PROPERTY DAMAGE — PATTERNS, MOLDS of business, in connection with the AND DIES distribution or sale of the products; Paragraphs (3) end (4) of Exclusion J. Damage to f. Demonstration, installation, servicing or Property of Section I— Exclusions do not apply to repair operations, except such patterns, molds or dies In the care, custody or operations performed at the vendors control of the insured If the patterns, molds or dies premises in connection with the sale of are not being used to perform operations at the time the product; of loss. A limit of Insurance of $25,000 per policy g. Products which,after distribution or sale period applies to Property Damage — Patterns, by you, have been labeled or relabeled Molds And Dies and is included within the General or used as a container, part or Aggregate Limit as described in Section Ill—Limits ingredient of any other thing or Of insurance, substance by or for the vendor,or The insurance afforded by this Provision 1. Is h. "Bodily Injury" or "property damage" excess over any valid and collectible property arising out of the sale negligence of the Insurance (including any deductible) available to the vendor for its awn acts or omission or Insured, and the Other Insurance Condition is those of its employees or anyone else changed accordingly. acting on its behalf. However, this 2. ADDITIONAL INSURED—BLANKET VENDORS exclusion does not apply ta: Section iI — Who Is An Insured is amended to (1) The exceptions contained in include as an additional insured any person or . Subparagraphs d.or f.; or organization (referred to below as vendor) with (2) Such inspections, adjustments, whom you agreed, because of a written contract or tests or servicing as the vendor has written agreement to provide insurance, but only agreed to make or normally with respect to "bodily injury" or"property damage" undertakes to make in the usual arising out of "your products" which are distributed course of business, in connection or sold In the regular course of the vendor's with the distribution or sale of the business, subject to the following additional products. exclusions: 1. The insurance afforded the vendor does not 2• Thls Provision 2.does not apply to: apply to: a. Any insured person or organization, Injury"or" roe dame e"far from whom you have acquired such a. "Bodily ) "prop" g products, or any ingredient, part or Which the vendor is obligated to pay container, entering into, accompanying damages by reason of the assumption or containing such products; of liability in a contract or agreement This exclusion does not apply to liability b. Any vendor specifically scheduled as an for damages that the vendor would additional insured by endorsement;or have in the absence of the contract or c. Any of "'your products" for which agreement; coverage is excluded by endorsement b. Any express warranty unauthorized by 3. This Provision 2. does not apply if "bodily you; injury" or"property damage" included within c. Any physical or chemical change in the the"products completed operations hazard" product made intentionally by the is excluded by endorsement vendor, 3. MISCELLANEOUS ADDITIONAL INSUREDS d. Repackaging, except when unpacked Section 11 — Who Is An insured is amended to solely for the purpose of inspection, Include as an insured any person or organization demonstration, testing, or the (called additional Insured) described In Paragraphs substitution of parts under instructions 3.a. through 3.h. below whom you are required to from the manufacturer, and then add as an additional insured on this policy under a repackaged in the original container, written contract or written agreement but the written e. Any failure to make such inspections, contract or written agreement must be: adjustments, tests or servicing as the 1. Currently in effect or becoming effective vendor has agreed to make or normally during the term of this policy; and undertakes to make in the usual course G444041-D Page 2 of 11 (Ed. 12110) Includes copyrighted material or Insurance Services office,Inc.,with Is permission. CNA (Ed. 141 (Ed. 2/10)0) 2076264820 2. Executed prior to the "bodily injury," b. State or Governmental Agency or "property damage" or "personal injury and Subdivision or Political subdivisions advertising injury,"but A state or governmental agency or Only the following persons or organizations are subdivision or political subdivision additional Insureds under this endorsement and subject to the following provisions: coverage provided to such additional Insureds Is limited as provided herein: (1) This insurance applies only with respect to the following hazards for 4 a. Additional Insured—"Your Work" which the state or governmental That person or organization for whom agency or subdivision or political you do work is an additional insured subdivision has Issued a permit or solely for liability due to your negligence authorization In connection with specifically resulting from "your work" premises you own, rent, or control for the additional insured which is the and to which this insurance applies: subject of the written contract or written (a) The existence, maintenance, agreement No coverage applies to repair,construction, erection, or liability resulting from the sole removal of advertising signs, negligence of the additional insured. awnings, canopies, cellar The insurance provided to the additional entrances, coal holes, insured is limited as follows: driveways, manholes, marquees, hoistaway openings, (1) The Limits of Insurance applicable sidewalk vaults, street banner, to the additional insured are those or decorations and similar specified in the written contract or exposures;or written agreement or in the (b) The construction, erection, or Declarations of this policy, removal of elevators;or whichever is less. These Limits of Insurance are inclusive of, and not (2) This insurance applies only with in addition to, the Limits of respect to operations performed by insurance shown in the you or on your behalf for which the Declarations. state or governmental mency or (2) Coverage for the additional insured subdivision or political subdivision for "your work" that is Included in has issued a permit or the "products-completed operations authorization. hazard" is afforded only if this This insurance does not apply to"bodfly Coverage Part provides such injury," "property damage" or"personal coverage, and only if the written and advertising injury" arising out of contract or written agreement operations performed for the federal requires you to provide such government, state or municipality. coverage, c. Controlling Interest (3) The insurance provided to the additional Insured does not apply to: Any persons or organizations with a controlling interest in you but only with (a) "Bodily injury," "property respect to their liability arising out of: damage," or "personal and advertising injury" arising out of (1) Their financial control of you; or the rendering or failure to (2) Premises they own, maintain or render any professional control while you lease or occupy services; or these premises. (b) "Bodily injury" or "property This insurance does not apply to damage" Included in the structural alterations, new construction "products-completed operations and demolition operations performed by hazard" and arising out of any or for such additional Insured. of"your work" that is excluded by endorsement d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of G-144041-D Page 3 of 11 (Ed. 12110) includes copyrighted material or Insurance Senrtces Office,Inc.,with Its permission. CAA (Ecl4 121 (Ed. /10) 2a7e2s4e2o that specific part of the premises leased organization's status as an insured to you and subject to the following under this endorsement ends when additional exclusions: their written contract or agreement with This insurance does not apply to: you for such leased equipment ends. {1) Any"occurrence"which takes place With respect to the insurance afforded after you cease to s Tenant In these additional insureds, the following that premises;or additional exclusions apply (2) Structural alterations, new This insurance does not apply: construction or demolition (1) To any "occurrence" which takes operations performed by or on place after the equipment lease behalf of such additional insured. expires; or a. Mortgagee,Assignee or Receiver (2) To "bodily Injury," "property A mortgagee, assignee or receiver but damage" or "personal and only with respect to their liability as advertising injury" arising out of the sole negligence of such additionalmortgagee, assignee, or receiver and arising out of the ownership, insured. maintenance, or use of a premises by Any insurance provided to an additional insured you. designated under Paragraphs b. through h. This insurance does not apply to above does not apply to "bodily injury" or structural alterations, new construction "property damage included within the or demolition operations performed by products-completed operations hazard, or for such additional insured. 4. BROAD NAMED INSUREDINEWLY FORMED OR L Owners/Other Interests — Land ACQUIRED ORGANIMIONS Leased A. Any organization other than a partnership, joint An owner or other interest from whom venture or limited liability company,over which a land has been leased by you but only Named Insured shown in the Declarations with respect to liability arising out of the maintained an ownership interest of more than ownership, maintenance or use of that 60% on the effective date of this policy and an specific part of the land leased to you the date of loss will qualify as a Named Insured and subject to the following additional if there is no other similar Insurance afforded to exclusions: that organization or would have been afforded but for the exhaustion of the limits of liability, This insurance does not apply to: cancellation or expiration of such insurance. (1) Any "occurrence"which takes place B. Paragraph 3,a. of Section 11 — Who Is An after you cease to lease that land; Insured Is deleted and replaced by the or following: (2) Structural alterations, new Coverage under this provision is afforded only construction or demolition until the end of the policy period or the next operations performed by or on anniversary of this policy's effective date after behalf of such additional insured, you acquire or form the organization, whichever g. Co-owner of Insured Premises is earlier. A co-owner of a premises co-owned by C. This Provision 4. does not apply to any you and covered under this insurance organization for which coverage is excluded by but only with respect to the co-owners endorsement liability as co-owner of such premises. 5. JOINT VENTURES I PARTNERSHIP I LIMITED h. Lessor of Equipment LIABILITY COMPANY COVERAGE Any person or organization from whom A. The following is added to Section it— Who Is An Insured: you lease equipment Such person or organization are insureds only with 4. You are an Insured when you had an respect to their liability arising out of the interest in a joint venture, partnership or maintenance, operation or use by you limited liability company which terminated or of equipment leased to you by such ended prier to or during this policy period person or organization. A person's or but only to the extent of your interest in such G-144041-0 Page 4 of 11 (Ed. 12110) includes copyrighted material or insurance Services Office,Inc„With iLs permission. CNA (Ed. 12110) 2076264820 joint venture, partnership or limited liability transaction, event, advice or company.This coverage does not apply: decision will be considered to a. Prior to the termination date of any joint constitute a single "occurrence"; venture, partnership or limited liability company;or (2) The"bodily injury"occurs during the policy period. All "bodily Injury" b. If there is other valid and collectible arising from an"occurrence"will be Insurance purchased specifically to deemed to have occurred at the insure the partnership, joint venture or time of the first act, error, or limited liability company. omission that is part of the B. The last paragraph of Section 11 —Who is An "occurrence";and Insured is deleted and replaced by the B. With respect only to the insurance provided by following: this Provision 7., Exclusion 2.e. (Employer's Except as provided under the Manufactures' Liability) of Section I—Coverage A— Bodily General Liability Extension Endorsement or by Injury and Property Damage, is amended to the attachment of another endorsement(if any), append the following: no person or organization is an insured with Only for"bodily injury" not covered by other respect to the conduct of any current or past liability insurance (including qualified self partnership, joint venture or limited liability insurance) available to the insured (or which company that is not shown as a Named Insured would be available but for exhaustion of Its in the Declarations. limits), this exclusion does not apply to 6. PARTNERSHIP OR JOINT VENTURES "bodily injury" that arises out of a "health Paragraph 1.1b. of Section it —Who Is An Insured care IncldenL" is deleted and replaced by the following: C. Section V—Definitions is amended to add the b. A partnership following new definition: p p{including a limited liability partnership) or joint venture, you are an "Health care incident' means a negligent insured. Your members, your partners, act, error or omission by your "employees" and their spouses are also insureds,but or "volunteer workers" working on your only with respect to the conduct of your behalf in the rendering of or failure to render business. professional health care services in any of 7. INCIDENTAL HEARTH CARE MALPRACTICE the following capacities, or the related COVERAGE fumishing of food, beverages, medical supplies or appliances: A. With respect only to "bodily injury" that arises a. Physician; out of a "health care incident," Coverage A — Bodily Injury and Property Damage Liability b. Nurse; of Section I — Coverages Is amended to c. Emergency medical technician; replace Insuring Agreement Paragraphs 1.b.(1)and 1.b.(2)with the following: d. Paramedic; b. This insurance applies to "bodily injury" e. Chiropractor, only if you are not in the business of providing professional health care f. Dentist; services, and only If. g. Athletic trainer, (1) The "bodily injury" is caused by an h. Audiologist; occurrence that takes place in the "coverage territory." For the 1. Physical therapist; purpose of this insurance: J. Psychologist; (a) "Bodily injury' caused by a k. Speech therapist "health care Incident" will be considered caused by an I. Other allied health professional; or "occurrence";and m. Provider of first aid or Good Samaritan (b) All acts, errors or omissions services rendered in an emergency and that are logically connected by for which no payment is demanded or any common fact, received. circumstance, situation, G-144041-D Page 5 of 11 (Ed. 12/10) Includes copyrighted matenal of Insurance Services Office,Inc.,with 8s permission. CNA (Ed. 1 41 (Ed. 2110)0) 207s2sas2a D. Section I - Coverages is amended to add the b. "bodily injury" to an "employee" while in fallowing additional exclusions to Paragraph 2. the course of the "employee's" Exclusions of Coverage A — Bodily Injury employment by you or while performing and Property Damage Liability. These new duties related to the conduct of your exclusions apply only to this Incidental Health business; Care Malpractice Coverage: when such "bodily Injury" arises out of a This insurance does not apply to: "health care incident" Dishonesty or Crime 3. Paragraphs 2.a. (1)(a),(b)and(c)of Section 11—Who Is An insured do not Any dishonest criminal or malicious act, apply to"bodily injury"forwhich insurance is error or omission. provided this Provision 7. Clinical Trials I Product Testing 4. Paragraph 2.a.(1)(d)of Section 11—Who is Acts, errors or omissions that occur in the An Insured is deleted and replaced by the course of human clinical trials or product following new Paragraph 2.a.(3): testing. However, none of these "employees"or Medicare/Medicaid Fraud "volunteer workers"are insureds for. Medicare or Medicaid fraud or abuse. (3) "Bodily injury," "property damage" or "personal and advertising injury" Services Excluded by Endorsement arising out of his or her rendering of Any "health care incident" for which or failure to render professional coverage Is excluded by endorsement health care services if he or she is a E. Section V—Definitions is amended to add the licensed physician. following subparagraph to Paragraph f. of the G. With respect to the insurance provided by this definition of"insured contract!': Provision 7.,the following is added to Paragraph 4.b.(1) of Section IV -- Commercial General Paragraph f. does not include that part of any Liability Conditions: contract or agreement 4 Under which you assume another's ex the extent this insurance applies, it is ( ) y excess over any of the other insurance tort liability for"bodily injury" arising (including qualified self insurance), whether out of the rendering of or failure to primary, excess, contingent or on any other render professional health care basis, except for Insurance purchased services. specifically by you to be excess of this F. Section II—Who is An insured is amended as policy. follows: 8. SUPPLEMENTARY PAYMENTS 1. Except for licensed physicians, your A. Under Section 1—Supplementary Payments— "employees"are insureds with respect to: Coverages A and B, Paragraph 1.b.,the limit of a. "bodily injury" to a co"employee" while $250 shown for the cost of ball bonds is in the course of the co-"empioyee's" replaced by$2,500. employment by you or while performing B. In Paragraph 1.d., the limit of $250 shown for duties related to the conduct of your daily loss of earnings is replaced by$1,000. business;and b. "bodily injury" to a "volunteer worker" 9' MEDICAL PAYMENTS while performing duties related to the A. Paragraph 7. Medical Expense Limit, of conduct of your business; Section III — Limits of insurance is deleted when such "bodily injury" arises out of a and replaced by the following: "health care incident" 7. Subject to Paragraph 5. above (the Each our Occurrence Limit), the Medical Expense 2. Except for licensed physicians, y Limit is the most we will pay under Section "volunteer workers" are insureds with —I— Coverage C for all medical expenses respect to: because of"bodily Injury" sustained by any a. "bodily injury"to a co 'volunteer worker" one person. The Medical Expense Limit is while performing duties related to the the greater of. conduct of your business;and G-144041-0 Page 6 of 11 (Ed. 12110) includes copyrighted material or Insurance Services Office,Inc.,with its pemrisslon. G-144041-D CNA (Ed. 12110) 2076264820 (2) The amount shown In the arises out of any part of those Declarations for Medical Expense premises; Limit (3) Property loaned to you; B. This Provision 9. does not apply If Section I — Coverage C Medical Payments is excluded (4) Personal property the care, custody or control of the Insured; either by the provisions of the Coverage Part or by endorsement (5) That particular part of real property C. Paragraph 1.a.(3)(b)of Section I—Coverage C on which you or any contractors or — Medical Payments, is replaced by the subcontractors working directly or following: indirectly on your behalf are performing operations, If the (b) The expenses are incurred and "property damage" arises out of reported to us within three those operations;or years of the date of the (6) That particular part of any property accident;and that must be restored, repaired or 10. NON-OWNED WATERCRAFT replaced because "your work" was Under Section I—Coverage A—Bodily Injury and incorrectly performed on it. Property Damage, Exclusion 2.9., subparagraph Paragraph(2)of this exclusion does not (2)is deleted and replaced by the following. apply if the premises are "your work" (2) A watercraft yeu do not own that Is: and were never occupied, rented or held for rental by you. (a) Less than 55 Feet long;and Paragraphs (1), (3) and (4) of this (b) Not being used to carry persons exclusion do not apply to "property or property for a charge. damage" (other than damage by fire) to 11. NON-OWNED AIRCRAFT premises: Exclusion 2.g.of Section I—Coverage A—Bodily (1) rented to you; Injury and Property Damage, does not apply to an (2) temporarily occupied by you with aircraft you do not own, provided that: the pennission of the owner,or 1. The pilot in command holds a currently (3) to the contents of premises rented effective certificate issued by the duly to you for a period of 7 or Fewer constituted authority of the United States of consecutive days. America or Canada,designating that person A separate limit of insurance applies to as a commercial or airline transport pilot; Damage To Premises Rented To You 2. It is rented with a trained, paid crew;and as described in Section IIi --Limits Of 3. It does not transport persons or cargo for a Insurance. charge. Paragraphs (3), (4), (5) and (6) of this 12. LEGAL LIABILITY—DAMAGE TO PREMISES exclusion do not apply to liability assumed Linder sidetrack agreement A. Under Section I—Coverage A—Bodily Injury Paragraph(6)of this exclusion does not and Property Damage 2. Exclusions, apply to "property damage" Included in Exclusion j.is replaced by the following. the "products-completed operations "Property damage"to: hazard." (1) Property you own, rent, or occupy, B. Under Section I—Coverage A—Bodily Injury including any costs or expenses and Property Damage the last paragraph of 2. incurred by you, or any other Exclusions Is deleted and replaced by the person, organization or entity, for following. repair, replacement, enhancement, Exclusions c, through n. do not apply to restoration or maintenance of such damage by fire to premises while rented to you property for any reason, including or temporarily occupied by you with permission prevention of injury to a person or of the owner or to the contents of premises damage to another's property; rented to you for a period of 7 or fewer (2) Premises you sell, give away or consecutive days. abandon, if the "property damage" G-144041-D Page 7 of 1 i (Ed. 12/10) Includes copydghled material of Insurance Services Office,Inc.,with its pennfsslon. G-144041-D CMA (Ed. 12/10) 2a7s264s2o A separate limit of Insurance applies to this Your rights under this Coverage Part will not be coverage as described in Section III — Limits prejudiced if you fail to give us notice of an Of Insurance. "occurrence," offense, claim or"suit" and that failure C. Paragraph 6.Damage To Premises Rented To is solely due to your reasonable belief that the You Limit of Section III—Limits Of Insurance bodily injury' or property damage is not covered under this Coverage Part However, you shall give Is replaced by the following: written notice of this'occurrence," offense, claim or 6. Subject to Paragraph 5. above, (the Each "suit" to us as soon as you are aware that this Occurrence Limit), the Damage To insurance may apply to such "occurrence," offense Premises Rented To You Limit is the most claim or"suit" we will pay under Coverage A for damages 15. UNINTENTIONAL FAILURE TO DISCLOSE because of "property damage" to any one HAZARDS premises while rented to you or temporarily occupied by you with the permission of the Based on our reliance on your representations as to owner, including contents of such premises existing hazards, if unintentionally you should fait to rented to you for a period of 7 or fewer disclose all such hazards at the inception date of consecutive days. The Damage To your policy, we will not deny coverage under this Premises Rented To You Limit is the Coverage Part because of such failure. greaterof. 16. EXPANDED PERSONAL AND ADVERTISING a. $200,000; or INJURY b. The Damage To Premises (tented To A. The following is added to Section V — You Limit shown in the Declarations. Definitions, the definition of "personal and D. Paragraph 41.(1)(a)(ii) of Section IV — advertising injury": Commercial General Liability Conditions is h. Discrimination or humiliation that results deleted and replaced by the following: In Injury to the feelings or reputation of a (Ii) That is property insurance for natural person, but only if such premises rented to you or discrimination or humiliation is: temporarily occupied by you with (11) Not done intentionally by or at the the permission of the owner, or direction of: E. This 17mvislon 12. does not apply if Damage To (a) The insured;or Premises Rented To You Liability under (b) Any"executive officer,"director, Section I — Coverage A Is excluded either by stockholder, partner, member the provisions of the Coverage Part or by st st or manager(if you are a limited endorsement liability company) of the 13. BROAD KNOWLEDGE OF OCCURRENCE insured;and You must give us or our authorized representative (2) Not directly or indirectly related to notice of an "occurrence," offense, claim, or "suit" the employment, prospective only when the "occurrence," offense, claim or"suit" employment, past employment or is known to: termination of erployment of any (1) You, if you are an individual; person or persons by any insured. (2) A partner,If you are a partnership; B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is (3) An executive officer or the amended to include the following: employee designated by you to give Discrimination Relating To Room, such notice, If you are a Dwelling or Premises corporation; or (4) A manager, if you are a limited Caused by discrimination directly or liability company. Indirectly related to the sale, rental, lease or sub-lease or prospective sale, 14. NOTICE OF OCCURRENCE rental, lease or sub-lease of any room, The following is added to Paragraph 2. of Section dwelling or premises by or at the direction of any insured. IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense Claim or Suit: G-144041-D Page 8 of 11 (Ed.12/10) Includes copyrighted material or Insurance Services Office,Ina,with Its permission. G-144041-D CNA (Ed. 12110) 2076264820 Fines Or Penalties payments we make for injury or damage arising out Fines or penalties levied or imposed by of a governmental entity because of 1. Your ongoing operations;or discrimination. 2, "Your work" included in the C. This Provision 16. does not apply if Section I— "products-completed operations hazard." Coverage B — Personal And Advertising However, this waiver applies only when you have Injury Liability is excluded by endorsement agreed in writing to waive such rights of recovery In 17. BODILY INJURY a contract or agreement, and only if the contract or Section V — Defrniffons, the deflniffon of "bodily agreement Injury"is changed to read: 1. Is in effect or becomes effective during the "Bodily injury" means bodily injury, sickness or term of this policy;and disease sustained by a person, including death, 2. Was executed prior to loss, humiliation, shock, mental anguish or mental Injury 22 IN REM ACTIONS by that person at any time which results as a consequence of the bodily injury, sickness or Any action in rem against property owned, operated disease. by or for you, or chartered by or for you, will be 18. EXPECTED OR INTENDED INJURY treated in the same manner as though the action were in personam against you. Exclusion a. of Section I -- Coverage A— Bodily 23. PRIMARY AND NON-CONTRIBUTORY TO OTHER Injury and Property Damage Liability is replaced INSURANCE by the following: a. "Bodily injury" or "property damage" With respect to any person or organization that is an expected or intended from the additional insured under this Coverage Part, the standpoint of the insured. This following is added to Paragraph 4, of Section IV— exclusion does not apply to "bodily Commercial General Liability Conditions and injury" or "property damage" resulting supersedes any provision to the contrary: from the use of reasonable force to If you have agreed In writing in a contract or protect persons or property. agreement that this insurance is primary and non- 19. LIBERALIZATION CLAUSE contributory relative to an additional Insured's own insurance, then this insurance is primary and we will If we adopt a change in our forms or rules which not seek contribution from that other insurance. For would broaden coverage for manufacturers under the purpose of this Provision 23., the additional this endorsement without an additional premium insured's own insurance means insurance on which charge, your policy will automatically provide the the additional insured is a Named Insured. additional coverages as of the date the revision is effective in your state, this Provision 23. does not apply in situations where the endorsement on this policy affording 20. PROPERTY DAMAGE—ELEVATORS coverage to the additional Insured specifies that this With respect to Exclusions of Section I—Coverage insurance is excess over any other insurance A, Paragraphs {3}, (4) and (6) of Exclusion j. and available to that additional insured. Exclusion k.do not apply to the use of elevators. 24. LIMITED CONTRACTUAL LIABILITY FOR The Insurance afforded by this Provision 20- is PERSONAL AND ADVERTISING INJURY excess over any valid and collectible property A. Subparagraph a.of Paragraph 2.Exclusions of Insurance (including any deductible) available to the Section 1 — Coverage S — Personal And Insured, and the Other Insurance Condition is Advertising Injury Liability is replaced by the changed accordingly. following: 21. BLANKET WAIVER OF SUBGROGATION 2. Exclusions The Transfer Of Rights Of Recovery Against This insurance does not apply to: Others To Us Condition (Section IV—Commercial e. Contractual Liability General Liability Conditions) is amended by the addition of the following. "Personal and advertising Injury" for We waive any right of recovery we may have which the insured has assumed liability against any person or organization because of In a contract or agreement. This exclusion does not apply to: G-144041-D Page 9 of 11 (Ed. 12110) includes copyrighted material or insurance Services Orrice.Inc.,with its permission. CNA (Ed. 12i10) 2076264820 (1) Liability for damages that the assumed tort liability of the indemnitee in a Insured would have in the absence contract or agreement, if such liability of the contract or agreement; or pertains to your business. Tort liability (2) Liability for "personal and means a liability that would be imposed by advertising Injury"it law in the absence of any contract or agreement; (a) The liability pertains to your 2. This Insurance applies 'to such liability business and is assumed in assumed by the insured; writing in a contract or agreement in which you 3. The obligation to defend, or the cost of the assume the tort liability of defense of, that indemnitee, has also been another. Tort liability means a assumed by the insured in the same liability that would be Imposed contract or agreement; by law In the absence of any 4, The allegations in the "suit" and the contract or agreement; information we know about the offense are (b) The "personal and advertising such that no conflict appears to exist injury" occurs subsequent to between the interests of the insured and the the execution of the contract or Interests of the indemnitee; agreement;and S. The indemnitee and the Insuned ask us to (c) The "personal and advertising conduct and control the defense of that Injury" arises out of the indemnitee against such "suit' and agree offenses of false arrest, that we can assign the same counsel to detention or imprisonment defend the insured and the indemnitee;and Solely for the purposes of liability so B. The indemnitee: assumed in a contract or agreement, a. Agrees in writing to: reasonable attorney fees and necessary litigation expenses incurred by or for a (1) Cooperate with us in the party other than an insured are deemed investigation, settlement or defense to be damages because of "personal of the"suit"; Injury" described in Paragraph A.2.e.(2)(c)above, provided: (2) Immediately send us copies of any demands, notices, summonses or (1) Liability to such party for, or legal papers received In connection for the cost of, that party's with the"suit"; defense has also been assumed in the same (3) Notify any other insurer whose contractor agreement;and coverage Is available to the lndernnitee;and (fi) Such attorney fees and litigation expenses are for (4) Cooperate with us with respect to defense of that party coordinating other applicable against a civil or altemative Insurance available to the dispute resolution indemnitee;and proceeding in which b. Provides us with written authorization damages to which this to: insurance applies are alleged. (1) Obtain records and other B. The following Is added to Section I — Information related to the"suit'; and Supplementary Payments — Coverages A (2) Conduct and control the defense of And S• the indemnitee in such"suit." If we defend an insured against a "suit" and an So long as the above conditions are met, indemnitee of the insured is also named as a attorneys fees incurred by us in the defense of party to the "suit," we will defend that that indemnitee, necessary litigation expenses indemnitee if all of the fallowing conditions are incurred by us and necessary litigation met expenses Incurred by the indemnitee at our against the indemnitee seeks request will be paid as Supplementary 1. The "suit' a 9 Payments. Notwithstanding the provisions of damages for which the insured has Paragraph A.2.e.(2) above, such payments will G-144041-D Page 10 of 11 (Ed. 12110) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. G-144041-D CNA (Ed. 12/10) 2076264820 not be deemed to be damages far "personal 1. We have used up the applicable limit of and advertising injury" as described in insurance in the payment of judgments or Paragraph A.2.e.(2)(c) above and will not Settlements;or reduce the limits ofinsurance. 2. The conditions set forth above, or the terms Our obligation to defend an Insured's of the agreement described in Paragraph 6. indemnitee and to pay for attorneys fees and above, are no longer met necessary litigation expenses as Supplementary C. This Provision 24. does not apply if Section i— Paymentsendswhen: Coverage B — Personal And Advertising Injury Liability is excluded by endorsement G-144041-13 page 11 of 11 (Ed. 12110) Includes copyrighted material or insurance Services Office,Inc,with its permission. pCL1Cy NUMSM 2076264834 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modittas Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Covwoga Form apply unless modified by this endorsement This endorsement identifies person(s)or organfzation(s)who are"Insureds'under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided In the Coverage Form. Thfs endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. EndorsementFfrectfve: 03/28/2012 Countersigned By. Named Insured: Washington Crane & Hoist Co. Inc. Authorized Representative SCHEDULE Name of Person(s)or Organizatlon(s): ANY PERSON OR ORGANIZATION WHICR I9 REQUIRED TO HE NAMED AS A RESULT OF A WRITTEN CONTRACT WITH YOU AND WHICH WE HAVE ON FILE VIA CERTIFICATE OF INSURANCE. (if no entry appears above, Information required to complete this endorsement wlf be shown In the Declarations as applicable to the endorsement) a Each person or organization shown In the Schedule is an'Insured'far Lfabillty CoverstA but only to the extent that person or organization qualifies as an°Insured" under the Who Is An insured Provision contained in Section Il or the Coverage Form. 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