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PK12-222 - Original - Holmes Electric - Electrical Capacity for HVAC IT Server Room - 10/12/2012
Records M -ana- - '-g' emenaj, KENT WASHINGTON = Document 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: Holmes Electric Vendor Number: 277295 ID Edwards Number Contract Number: �,�- �22� This is assigned by City Clerk's Office Project Name: I.T. Department Server Room — Provide electrical capacity for HVAC Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/12/12 Termination Date: 11/11/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks — Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): I 5 Publtc\RecordsManagement\Farms\ContractCover\adcc7832 11/08 55 3 5�I 1� KENT W 49 HI N OT ON PUBLIC WORKS AGREEMENT between City of Kent and Holmes Electric THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Holmes Electric organized under the laws of the State of Washington, located and doing business at P.O. Box 338, Kent, WA 98035, 253 479-4000, Briget Caudill (hereinafter the "Contractor"). AGREEMENT i 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: Holmes Electric will provide Labor and Material to upgrade electrical capacity to provide new HVAC equipment for the I.T. server room located at Kent City Hall, 220 Fourth Avenue South, Kent, in accordance with Proposal dated August 29, 2012, which is attached 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 30 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $5534.13, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor the following amounts according to the following schedule: PUBLIC WORKS AGREEMENT - 1 3 Invoice upon completion; Net 30 days A. No Payment and Performance Bond. Because this contract is under $10,000, the City has elected to waive both the performance/payment bond and retainage requirements of Chapter 39.08 RCW. 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 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. PUBLIC WORKS AGREEMENT - 2 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. 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 PUBLIC WORKS AGREEMENT - 3 Y 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 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. PUBLIC WORKS AGREEMENT - 4 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. 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 PUBLIC WORKS AGREEMENT - 5 connection with the Contractor'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 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. PUBLIC WORKS AGREEMENT - 6 if . Inri nnrT�AIAi nnnr CCC l 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 I 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 I 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. i 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. I� 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. 1 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 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: ( nature) (SO ture) Print Name: MICHAEL un�ME13 Prin e: Jeff Watlin Its PRFAIDENT Its: Director, Parks, Recreation and (tine) Community Services DATE: DATE: PUBLIC WORKS AGREEMENT - 8 0 Ci(7V - /lDT7nAIAI DOnr-ccct NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Briget Caudill Alex Ackley, Superintendent Parks Facilities Holmes Electric City of Kent P.O. Box 338 220 Fourth Avenue South Kent, WA 98035 Kent, WA 98032 (253) 479-4000 (telephone) (253) 856-5081 (telephone) (253) 234-2900 (facsimile) (253) 856-6080 (facsimile) Holmes Eledtrlc_lT Server kwm_PW Under 10k PUBLIC WORKS AGREEMENT 9 /11n,iar alms - nounA1ni oon(-Gcct 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 Q , 20w. By: For; Title: PRESIDENT Date: ^1Z 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 DDCUMFNTq - i 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 1 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: FFO rnmpi 7amr r- nnr'i imrm-rc _ f . H L E ' ELECTRIC P.O,Box 338 *Kent,WA 98035 * (253)479.4000 Attn: Alex Ackley Date: OS/29/12 Company: City of Kent Re: Kent City Hall Address: 220 Fourth AVE S File Number: 12081045 Kent,WA 98032 From: Briget Caudill Phone: 253-740-7502 E-Mall: brlget.caudill@holmes.com Via, E-Mail: aackley@kentWA.gov As requested, we are pleased to offer our electrical proposal for the above referenced project as follows: SPECIFIC INCLUSIONS 1. Inteicept existing conduit and wire being fed by 200amp disconnect fused at 150amps, 2 Install junction box at interception of conduit. 3. Extend conduit and wire to electrical room next to storage room. 1 4, Provide and install(1)one 150amp 30circuit 120/240volt single phase electrical panel, 5. Provide and install (2)two 30amp 208volt single phase circuits from new electrical panel to exterior wall for HV AC. 6, Provide and install(2)two 30amp 250volt single phase fused disconnects on exteuoi north wall for HVAC. 7. Provide core drill for electrical conduit. 8. Provide State of Washington electrical permit, QUALIFICATIONS I. Our offer is firm for(30)thirty days from the date listed above. 2. Our offer is predicated upon a clear and accessible area that will be made available by others,where our work is to be performed. 3. Unless noted in the specific inclusions,our work will be performed during our normal working hours and workweek. SPECIFic EXCLUSIONS 1. Washington State Sales tax. 4. All work of other crafts. 2. Hazardous materials handling. 5, Standby,overtime,and shift work, 3. Utility charges. 6. Hidden conditions Total Proposal as Outlined Above.......................... ...$5,054.00 Our goal is to provide quality electrical construction and competitive pricing. We will accomplish this by pet forming efficiently, timely,safely and to your complete and total satisfaction. Thank you for allowing us to proceed by authorizing the work in the space provided below. s Sincerely, HOLMES ELECTRIC CO. I Briget Caudill Estimator ACCEPTANCE OF PROPOSAL Authorized Signature: Date: This proposal represents the entire agreement between the parties There are no representations,promises or other understandings unless expressly included herein. Page I of 1 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 2. 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 ) 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 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 9 9 P 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 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 insurance requirements of the Contractor before commencement of the work. F. 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 subject to all of the same insurance requirements as stated herein for the Contractor. A ® D10/ /2012) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER WA#712152 1-206-343-2323 CONTACT NAME Bacic Group, LLC dba MCM PHONE FAX Bacic Pacific Insurance Services, LLC #OF82099 A/c N ac No 1325 Fourth Avenue, Suite 2100 E-MAIL ADDRESS Seattle, WA 98101 INSURER(S)AFFORDING COVERAGE NAIC p INSURERA CONTINENTAL WESTERN INS CO 10804 INSURED INSURER a Holmes Electric Company INSURER C PO Box 338 INSURER Kent, WA 98035 INSURER INSURER F COVERAGES CERTIFICATE NUMBER- 29618476 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ICY EFF POLICY EXP INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMLDD/V1'YY MM DDIYYVV LIMITS LTR A GENERAL LIABILITY X CKP6002826 10/01/1 10/01/13 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED 300,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ XCLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,000 WA Stop Gap PERSONAL&ADV INJURY S 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PROD JOTS-COMP/OP AGO $ 2,000,000 POLICY X PRO LOC $ A AUTOMOBILE LIABILITY X CWP600326020 1 1 10/01/13 COMBINED SINGLE LIMIT Eaacadent $ 1,000.000 X ,ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X X NON-OWNED PROPERTY DAMAGE $ HIRE)AUTOS PROP racadent X $1000 Comp FX $1000 Coll 1 $ A X UMBRELLA LIAB X OCCUR CU6002827 10/01/1 10/01/13 EACH OCCURRENCE $ 11000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 11000,000 DIED I RETENTION S $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN T RY T ANY PROPRIETOR,PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) HEC job #55359 IT Server Room Kent City HAll Per the attached endorsement the following are included as Additional Insureds: City of Kent its officers, officials, employees, agents and volunteers. This insurance is Primary & Non-Contributory CERTIFICATE HOLDER CANCELLATION 55359 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032-5895 1fa�,7.f�L..tJJ�a-ut� USA ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD robertatansey 29618476 Policy No CWP6002826 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the foliowng, BUSINESS AUTO COVERAGE FORM The following provides a broad range of coverage in addition to that provided by the basic policy. In some instances, a higher limit or broader coverage is available. Should the policy indicate broader coverage or higher limits than provided by this endorsement,the higher limits or broader coverage shall apply- A. BROADENED NAMED INSURED (2) A person's or organizations status as an additional insured exists only The Named d Insured shown in the Declarations is amended include while you are performing operations for that additional insured. Any organization, other than a joint venture,over (3) Section II, Paragraph C. Limits of which you maintain ownership or majority inter- Insurance for person or organization est or more than 50%, unless that organization is an "insured" under any other automobile pol- added additional insured are specified icy or would be an "insured" under such a policy those greemm in the written con- icy but for the exhaustion of its Limit of Insurance, tract or agreement, in this cover- but however, age form,whichever s less These limits of insurance are inclusive of 1. Coverage urder this provision is afforded and are not in addition to the Limits only until the 180th day after you acquire or of Insurance shown ir the Declare- form the organization or the end of the policy dons period, whichever is earlier (4) This insurance applies on a primary 2. Coverage does not apply to"bodily injury"or and non-contributory basis if that is "property damage" that occurred before you required by the written contract or acquired orformed the organizat on agreement B. ADDITIONAL INSURED BY CONTRACT OR (5) This insurance does not apply AGREEMENT unless the written contract or agreement has been executed prior The following is added to Section II - Liability to the "bodily injury" or "property Coverage, Paragraph A.I. damage" d. Any person or organization for whom you C. ADDITIONAL INSURED-EMPLOYEES are performing operations if you and such person or organization have agreed in writ- The following is added to the Section II— Liability ing in a contract or agreement that such Coverage, Paragraph A.1 Who Is An Insured person or organization be added as an addi- Provision- tional insured on your policy Any"employee" of yours s an "insured" while us- (1) Such person or organizaton is an ing a covered "auto" you don't own, hire or borrow adddioral insured only with respect in your business or your personal affairs to liability for"bodily injury"or"prop- D. EXTENDED COVERAGE-BAIL BONDS erty damage" Section II — Liability Coverage, Paragraph (a) Caused by an"accident', and A 2.a.(2) is deleted and replaced by the follow- (b) Resulting from the ownership, ing maintenance or use of a cov- (2) Up to $5,000 for cost of bail bonds ered "auto" (including bonds for related traffic law volations) required because of an "accident" we cover We do not have to furnish these bonds CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 1 of 5 Office,Inc,with its permission Policy No CWP6002826 E. EXTENDED COVERAGE - LOSS OF EARN- J. LEASED OR FINANCED "AUTOS" - PHYSI- ING CAL DAMAGE COVERAGE Section II - Liability Coverage, Paragraph The following is added to Section III- Physical A.2.a.(4) is deleted and replaced by the follow- Damage Coverage, Paragraph C. ing 4. In the event of a total "loss" to a covered (4) All reasonable expenses incurred by "auto", we will pay any unpaid amount due the 'insured" at our request, includ- on the lease or loan for a covered "auto", ing actual oss of earning up to$500 less a day because of time off from work. a. The amount under the Physical Damage F. FELLOW EMPLOYEE COVERAGE Coverage section of the policy,and The Fellow Employee Exclusion contained in b. Any Section II -Liability Coverage does not apply (1) Overdue leaselloan payments at the Th s coverage is excess over any other collect- time of the"oss", able Insurance, G. AUTO MEDICAL PAYMENTS COVERAGE - (2) Financial penalties imposed under a INCREASED LIMIT lease for excessive use, abnormal wear and tear or high mileage, If the "Insured"is wearing a seat bait at the time (3) Security deposits not returned by an "accident" occurs, the LIMIT OF INSUR- the lessor, ANCE for AUTOMOBILE MEDICAL PAYMENTS COVERAGE shown in the Declarations will be (4) Costs for extended warranties, double the limit shown All other terms and con- Credit L fe Insurance, Health, Acci- ditions applicable to MEDICAL PAYMENTS re- dent or Disability Insurance pur- ma r unchanged chased with the loan or lease, and H. COVERAGE EXTENSION AS A CONSE- (5) Carry-over balances from previous QUENCE OF THEFT OF AN"AUTO" loans or leases 1. Transportation Expense K. GLASS DEDUCTIBLE Section III - Physical Damage Coverage, Section ill - Physical Damage Coverage, Para- Paragraph AA.a. is deleted and replaced by graph D is deleted and replaced by the follow- the following Ing a. We will also pay up to $75 per day to a D. DEDUCTIBLE maximum of $2,500 for temporary For each covered "auto" our obligation to transportation expense incurred by you because of the total theft of a covered pay'or, repair, return or replace damaged or "auto" of the `private passenger type" stolen property will be reduced by the appli- We will pay only for those covered cable deductible shown in the Declarations "autos" for which you cary either Com- Any Comprehensive Coverage deductible prehensive or Specified Causes of Loss shown in the Declarations does not apply to Coverage We will pay for temporary 1. "Loss"caused by fire or lightning,or transportaton expenses incurred during the period beginning 48 hours after the 2. "Loss"when you elect to patch or repair theft and ending, regardless of the pol- glass rather than replace icy's expiration,when the covered "auto" L EXTENDED COVERAGE - ELECTRONIC is returned to use or we pay for its EQUIPMENT "loss" Paragraph C.2 a. Limits of Insurance of Section We will also pay reasonable and reces- III-Physical Damage Coverage is deleted sary expenses to facilitate the return of the stolen "auto"to you. We will pay with respects to a covered "auto"for "loss" to antennas and other accessories neces- 1. EXTENDED COVERAGE-AIRBAGS sary for use of the electronic equipment How- Section III - Physical Damage Coverage, Para- ever, this does not include tapes, records or graph B 3 a does not apply to the unintended discs. discharge of an airbag Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage CW 34 68 0112 Includes Copyrighted material of Insurance Services Page 2 of 5 Office,Inc,with its permission • Policy No CWP6002826 M. EXTENDED COVERAGE - PERSONAL EF- P. PHYSICAL DAMAGE COVERAGE - HIRED FECTS "AUTOS The following is added to Section III — Physica You may extend the Comprehensive, Specified Damage Coverage, Paragraph A.4. Causes of Loss and Collision coverages pro- d. Physical Damage Coverage on a cov- vided on your owned 'autos' to any "auto" you erect 'auto" may be extended to"loss"to lease, rent, hire or borrow from someone other your personal property or, if you are a than your employees or partners or members of their households subject to the following individual, the personal property of a family member, that is in the covered 1. The most we will pay in any one "loss" is the `auto"at the time of"loss" least of $100,000, the actual cash value of e"loss" the"auto"or the cost to repair or replace the The most we will pay for any on under this coverage extension is a"loss" auto", except that such amount will be re- duced by a deductible to be determined as N. TOWING AND LABOR COVERAGE follows Section Ill — Physical Damage Coverage, Para- a. The deductible shall be equal to the graph A.2. is deleted and replaced by the follow- amount of the highest deductible shown ing for any owned"auto"of the same classi- fication for that coverage In the evert If a private passenger type "auto' or light truck "auto" (0-10,000 Los GVW) is provided both there is ro owned "auto" the same Comprehensive and Codision Coverage, we will classification, the highest deductible far pay up to $150 for towing and labor costs in- any owned"auto"will apply for that cov- pay each time such 'auto" is disabled If a erage medium, heavy or extra-heavy truck or extra- b. No deductible will apply to"loss"caused heavy Truck-tractor "auto" (greater than 10,000 by fire or ightnmg Lbs GVW) is provided both Comprehensive and Collisson Coverage, we will pay up to $250 for 2. Coverage provided under this extension will, towing and labor costs incurred each time such a. Be excess over any other collectible "auto" is disabled However, the labor must be insurance, performed at the place of disablement b. Pay, in addition to the limit set forth in O. EXTENDED COVERAGE - CUSTOMIZED P 1 above, up to $5C0 per day, not to FURNISHINGS exceed$3,500 per"loss"for The following is added to Section III — Physical (1) Any costs or fees associated with Damage Coverage, Paragraph A.4. the"loss" to a h red "auto", and e Physical Damage Coverage on a cov- (2) Loss of use, provided it is the con- ered "auto' may be extended to"loss"to sequence of an "accident"for which custom furnishings including, but not you are legally liable, and as a result limited to special carpeting and insula- of which a monetary loss is sus- tion, height-extending roofs, and custom tained by the leasing or rental con- murals, paintings, or otne, decals or ce,n graphics, custom signage and custom Q. RENTAL REIMBURSEMENT COVERAGE non-factory pa rt Our limit of [ability for loss to custom We w11 pay for rental reimbursement expenses furnishings shall be the least of incurred by you for the rertal of an "auto" be- cause of"loss to a covered"auto" (1) Actual cash value of the stolen or 1" Payment applies in addition to the otherwise damaged property, applicable amount of each coverage you (2) Amount necessary to repair or re- have on the covered"auto" place the property,or 2• No deductible applies to this coverage (3) $1,000 3. We will pay only for those expenses incurred This coverage extension does not apply during the pol cy period beginning 24 hours to electronic equipment after the"loss"and ending, regardless of the expiration date of the policy, with the lesser of the following' CW 34 68 0112 Includes Copyrighted material of Insurance Services Page 3 of 5 Office,Inc,with its permission Policy No CWP6002826 a. When the covered "auto" has been re- (b) Any"auto"used by that individual paired or replaced, or or his or her spouse while working in a business of selling, servicing, b. Wher the total amount paid under this repairing or parking"autos" coverage extension reacnes$2,500 2. Changes In Auto Medical Payments And 4. Our payment is limited to the lesser of the Uninsured And Undermsured Motorists following arrounts Coverages a. Necessary and actual expenses in- The following is added to Who Is An Insured: curred, Any individual named in R 1.a and his or her b. Not more than$75 per day. "family members"are "insured"while"occupy- 5. We will pay up to an additional $300 for the ing" or while a pedestrian when being struck reasonable and necessary expenses you in- by any"auto"you don't awn except cur to remove your materials and equipment Any"auto" owned by that individual or by any from the covered "auto" and replace such 'family member" materials and equipment an the rental 3 Changes In Physical Damage Coverage "auto" Any private passenger type "auto" you don't S. This coverage does not apply while there own,hire or borrow is a covered"auto"while in are spare or reserve"autos"available to you the care, custody or control of any individual for your operations named n R 1 a or his or her spouse while a 7. If"loss" results from the total theft of a cov- resident of the same household except area "auto" of the "private passenger type% a Any "auto" owned by that individual or by we will pay under this coverage only that any member of his or her household amount of your rental reimbursement ex- b Any"auto" used by that individual or his or parses which is not already provided for un- her spouse while working in a business of der the Physical Damage Coverage Exten- selling, servicing, repairing or parking sion "autos" R DRIVE OTHER CAR COVERAGE 4. The most we will pay for the total of all dam- 1. Changes In Liability Coverage ages under LIABILITY COVERAGE, AUTO MEDICAL PAYMENTS, UNINSURED MO- a. Any"auto"you don't own, hire or borrow Is TORISTS COVERAGE and UNDERIN- a covered "auto" for Lizbdity Coverage SURED MOTORISTS COVERAGE is the while being used by LIMIT OF INSURANCE shown In the Decla- (1) You, if you are designated in the rations as applicable to owned "autos" Declarations as an individual, 5. Our obligation to pay for, repair, return or (2) Your partners or members, if you replace damaged or stolen property under are designated n the Declarations PHYSICAL DAMAGE COVERAGE, will be as a partnership orjoint venture, reduced by a deductible equal to the amount of the largest deductible shown 'or any (3) Your members or managers, if you owned private passenger type "auto" appli- are designated in the Declarations cable to that coverage If there are no as a limited liability company, owned private passenger type "autos", trie (4) Your "executive officers", if you are deductible shall be $50 for Comprehensive designed in the Declarations as an Coveraee and $100 for Collision Coverage organization other than an individ_ No deductible will apply to 'loss" caused by ual, partnership,joint venture or lim. fire or lightning ited liab lity company, and E Additional Definition (5) The spouse of any person named in As used in this section, R DRIVE OTHER RA.a 1 through R.1.a.(4) while a CAR COVERAGE residert of the same household °Family member" means a person related to except' the individual named in R 1 a by b pod, mar- (a) Any "auto" owned by that individ- riage or adoption who is a resident of the ind:- ual or by any member of his or vidual's household, including a ward or foster her household chile CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 4 of 5 Office,Inc,with its permission Policy No CWP6002826 S. KNOWLEDGE OF OCCURRENCE T. WAIVER OF SUBROGATION BY CONTRACT The fo€lowing is added to Section IV— Business OR AGREEMENT Auto Conditions, Paragraph A 2 The following is added to Section IV- Business d. Notice of an "acc dent" or "loss" will be Auto Conditions, Paragraph A.5. considered knowledge of yours only if We waive any right of recovery we may have reported to you, if you are an and vidual, against any "insured" provided ceve,age uncer a partner, an executive officer or an am- this endorsement under B, ADDITIONAL IN- ployee designated by you to give us SURED BY CONTRACT OR AGREEMENT, but such notice only as respects "loss" arising out of the opera- s. Notice of air "accident' or "loss" to your tion, maintenance or use of a covered "auto" Workers Compensation insurer, for an pursuant to the provisions or conditions of the event which later develops into a claim written contract or agreement for which there is coverage under this U. UNINTENTIONAL OMISSIONS policy, shall be considered notice to us, The following is added Section IV - Business but only if we are notified as soon as Auto Conditions, Paragraph B.2. you know that the claim should be ad- dressed by this policy, rather than your We will rot deny coverage under this policy if Workers Compensation policy you fail to disclose all hazards existing as of the f. Your rights under this policy shall not be incept on date of the policy, provided such fail- prejudiced if you fail to give us notice of ure is not intentional an "accident" or "loss", solely due to V LIBERALIZATION your reasonable and documented belief that the event is not covered by this pol- If we revise this endorsement to provide greater icy coverage without additional premium charge,we Will automatically provide the additional cover- The following is added to Section IV—Busi- age to all endorsement holders as of the day the ness Auto Conditions, Paragraph 2.b. revision is effective in your state (6) Knowledge of the ece pt of docu- ments concerning a claim or "suit" will be considered knowledge of yours only if receipt of such docu- ments is known to you if you are an individual, a partner, ar executive officer or an employee designated by you to forward such documents to us CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 5 of 5 Office,Inc,with its permission Policy No GWP6002826 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional Insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured to your policy, but only with respect to "bodily Injury", "property damage"or"personal and advertising Injury" caused, in whole or in part, by 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, for that additional insured and Included in the"products-completed operations hazard" B LIMITS OF INSURANCE Limits of Insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising Injury" arising out of 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor, and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform 2. Subject to paragraph 3. below, professional services include a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications, and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — COMPLETED OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis CL CG 20 48 01 12 Includes Copyrighted material of Insurance Services Page 1 of 1 Office, Inc with its permission r s Policy No CVVP6002826 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured to your policy, but only with respect to "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, for that additional insured and included in the"products-completed operations hazard" B. LIMITS OF INSURANCE Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations C. With respect to the insurance afforded to these additional insureds the following additional exclusions apply to "bodily Injury", "property damage" or"personal and advertising injury" arising out of 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor, and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform 2. Subject to paragraph 3 below, professional services include a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications, and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — COMPLETED OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis CL CG 20 48 01 12 Includes Copyrighted material of Insurance Services Page 1 of 1 Office,Inc with its permission