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HomeMy WebLinkAboutPK13-232 - Original - Wayne's Roofing - Centennial Center Roof Hatches - 9/6/13 Records Ma -, a -e nt KENT = Document W A9HINGTDN 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. l If you have questions, please contact City Clerk's Office. Vendor Name: Wayne's Roofing Inc. Vendor Number: 33961 JD Edwards Number Contract Number: _ �IL This is assigned by C_ity Clerk's Office Project Name: Provide & Install 2 Roof Hatches for Centennial Center Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 09/06/13 Termination Date: 10/06/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment i Contract Manager. Nancy Clary Department: Facilities Management Detail: (i.e. address, location, parcel number, tax id, etc.): S:Public\RecordsManagement\Forms\ContractCoyer\adcc7832 1 11/08 �—� KENT w.SHI"o.o" PUBLIC WORKS AGREEMENT between City of Kent and Wayne's Roofing, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wayne's Roofing, Inc. organized under the laws of the State of Washington, located and doing business at 13105 Houston Road, Sumner, WA 98390, Mike Burns, (253) 863-4455 (hereinafter the "Contractor"). ! AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Wayne's Roofing, Inc. shall do repair work and replace roof access lids in two locations at the City of Kent, Centennial Center, 400 West Gowe, Kent, in accordance with Proposal dated February 8, 2013, with 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 $7,840,20, 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 (Under$10K - OPTIONAL PROCESS) I Invoice upon completion and acceptance of work by City of Kent. Terms: Payable Net 30. i illl 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 (Under$1OK - OPTIONAL PROCESS) i 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. i 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. i 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 (Under$10K - OPTIONAL PROCESS) 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) i 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. i At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items i 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 (Under$10K - OPTIONAL PROCESS) 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 (Under.$1OK - OPTIONAL PROCESS) 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. I 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 j 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 (Under$1OK - OPTIONAL PROCESS) I i 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 XII of this Agreement. D. Written Notice. ' All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 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. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall, be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with, any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering Into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Under$10K - OPTIONAL PROCESS) 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:—.-- B si tore) r ` (slgnature) , Print Name: Donald Guthrie Print lam : Jeff Watling Its President Its: Director, Parks,l2ereation and (tltl Community Services DATE; ti DATE: PUBLIC WORKS AGREEMENT - 8 (Under$10K - OPTIONAL PROCESS) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Mike Burns Alex Ackley, Superintendent Parks Facilities Wayne's Roofing, Inc. City of Kent 13105 Houston Road 220 Fourth Avenue South Sumner, WA 98390 Kent, WA 98032 (253) 863-4455 (telephone) (253) 856-5081 (telephone) (253) 863-8311 (facsimile) (253) 856-6080 (facsimile) I WAYNES ROOFING_PW-A(W aM Unde 10k i PUBLIC WORKS AGREEMENT 9 (Under$10K - OPTIONAL PROCESS) 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; i 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 i 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 i 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 ck Ina day of August 2013 , By: — 4— For: Wayne's Roofing, Inc. President Ili Title: Date: t "� i EEO COMPLIANCE DOCUMENTS - 1 Section_7 °S ayne's 9`6unfifna Inc. 13105 Houston Road Roofing Proposal Sumner,WA93390 www.waynesroofing cones DATE 2/812013 JOB Roof hatch Repair FROM Mike Burns LOCATION Centennial Building. OFFICE PH (253) 863-4455 ext. 2244 TO City of Kent CELL PH 253 274-5854 . CONTACT David Gilmore EMAIL mburnslo,wayneesroofinu.com EMAIL Section DESCRIPTION Price I i Base Bid Repairs $ 7160.00 Plus Sales Tax Add if Required Bonding Rate 1,5% QUALIFICA710NS ❑ MBE I WBE Bid ® rilon Replace Roof access lids in two locations -No asbestos testing will be required. Includes filing of prevailing wage intents and affidavits 1. Remove, off load and dispose of(2) existing 4'x6' stair hatch lids 2. Provide, load and install (2)new curb mount.Dur-Red 4 x 6 stair hatch with aluminum lid and top frame on existing curbs 3. Clean up and remove all job related debris. (We will be using boom lift and will need city to provide appropriate space for our boom truck for removal and delivery of stair hatch lids.) Cost: $7,160.00 Exclusions: repairs not noted above CX 1'1 161 T- F� oq • ... Ku:ce'1acvei.[s^�.erlievw.eis..x✓v<w�mcXtSurw^..�.Si4otw:ssrity<vier:[[�a�iwvra'e`s-.KLi16ZEar.F^'.' .xemwa+w. �o:nbo-v.e I. O vzi 0 0 � A N 7 S C Q y O)V Q1 tl 4.pptu .iM �P YN Nf1k. f�Jf Q� Q I � _a N - - - � w 3 ~ ro V x wcc I U o w o G yyN so 5 w woo> '':'�7 � WIR Q �S iL 4m aw .N � 1 • .i C i> >`o �a�F nl I{ N O ` N O SIM ^7 .NUO V� [-f C q• I Z N o ti k ,rod , p[ 'eta 'ueo '3co' Nm 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 j contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence farm 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 11 85 or a substitute endorsement providing equivalent coverage. 3. 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. j 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 i City reserves the right to receive a certified copy of all required Insurance policies. The Contractor's Commercial General Liability insurance shall j 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 AN, Best rating of not less than AMI. 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�'� CERTIFICATE OF LIABILITY INSURANCE DATE 08/16161/2013 Y) 013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker, Smith&Feek, Inc. PHONE 425-709-3600 FAX 425-709-7460 2233112th Avenue NE LAIC,Na,E.B: _._.- a/c No: E-MAIL Bellevue,WA 98004 ADDRESS; INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Guarantee&Liability Ins. INSURED INSURER B; Zurich American Insurance Co. Wayne's Roofing, Inc. 13105 Houston Road INSURERC: Sumner,WA 98390 wsURERD: _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ', INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS INSR POLICY NUMBER MM;DDPA'1'Y MM?DDIYYYY GENERALLIABILITI GLA399116709 EACH OCCURRENCE $ 1,000,000 A 5!1/2013 5/1/2014 DAMAGE'10 RENTED 300,000 XICOIMMERCIAL GENERAL LIABILITY X PREMISES Eaoccurrence $ �. CLAIMS MADELl�] OCCUR MED EXP(AnY one person) $ 10,000 PERSONAL&ADV INJURY $ 1.000,000 GENERAL AGGREGATE $, 2,000,000 GE NT AGGREGATE LIMIT AP P_LI_ES OCI, PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X JE T LOC $ B AUTOMOBILE LIABILITY GLA399116709 5/1/2013 5/1l2014 COMBINED SINGLE LIMIT Ea ac 1,000,000 cident I ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-0NMED PROPERTY DAMAGE HIREDAUTOS AUTOS (Pcraaddent) $ -.. UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE -AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION GLg399116709 WC STATU X OTH- 'A AND EMPLOYERS'LIABILITY YIN 5/1l2013 5/1/2014 r E ANY PROPRIETORIPARTNFR/EXECUTIVE ��WA STATE STOP GAP L F EACH ACCIDENT $ 1,000,000 j OFFICER/MEMBER EXCLUDED'? N/A _ -_-- - - (MandatoryinNH) E.L.DISEASE EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Public Works-Two roof access lids at City of Kent,Centennial Center,400 West Gowe, Kent(WO 433465). City of Kent is included as Additional Insured and coverage is primary and non-contributory per attached Endorsement U-GL-1175-E CW 4-12(GL)and CA 00 01 03 10logs 2-3 and 9 of 12(Auto). THIS CERTIFICATE RESCINDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF KENT 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 t _. 91988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I COMMERCIAL AUTO CA 00 01 03 10 BUSINESS AUTO COVERAGE FOR Various provisions in this policy restrict coverage. SECTION 1 —COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered, are covered "autos" for each of your coverages. The Throughout this policy the words 'you" and "your"re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words 'We", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation Symbols marks have special meaning. Refer to Section V — Definitions. Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those"autos"you own (and for Liability Coverage any 'trailers"you don't own Only while attached to power units you own). This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos"you own. This includes those private Passenger passenger "autos"you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those"autos"you own that are not of the private passenger type(and for "Autos" Other Liability Coverage any "trailers"you don't own while attached to power units you Than Private own). This includes those "autos"not of the private passenger type you acquire Passenger ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those"autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those"autos"you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those"autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those"autos"described in Item Three of the Declarations for which a Described premium charge is shown (and for Liability Coverage any "trailers"you don't own "Autos" while attached to any power unit described in Item Three). 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any"auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those"autos"you do not own, lease, hire, rent or borrow that are used in "Autos"Only connection with your business. This includes "autos"owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. © Insurance Services Office Inc. 2009 Pa ❑ CA 00 01 03 10 e 1 of 12 9 19 Mobile Equip- Only those"autos"that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment"under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy Begins SECTION II —LIABILITY COVERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next A. Coverage to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you as will pay all sums an "insured" legally must pay acquire of the type described for the remainder as damages because of "bodily injury" or "property of the policy period. damage' to which this insurance applies, caused by an "accident" and resulting from the ownership, 2. But, if Symbol 7 is entered next to a coverage maintenance or use of a covered "auto". in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured" legally must acquire will be a covered "auto" for that cover- pay as a "covered pollution cost or expense" to age only if: which this insurance applies, caused by an "acci- a. We already cover all "autos" that you own dent" and resulting from the ownership, mainte- for that coverage or it replaces an "auto" nance or use of covered "autos". However, we will you previously owned that had that cover- only pay for the "covered pollution cost or ex- age; and pense" if there is either "bodily injury" or "property b. You tell us within 30 days after you acquire damage" to which this insurance applies that is it that you want us to cover it for that cover- caused by the same"accident". age. We have the right and duty to defend any"insured" C. Certain Trailers, Mobile Equipment And Temporary against a "suit" asking for such damages or a Substitute Autos covered pollution cost or expense'. However, we have no duty to defend any "insured" against a If Liability Coverage is provided by this coverage "suit" seeking damages for "bodily injury" or "prop- form, the following types of vehicles are also cov- erty damage" or a "covered pollution cost or ex- ered "autos"for Liability Coverage: pense" to which this insurance does not apply.We 1. 'Trailers" with a load capacity of 2,000 pounds may investigate and settle any claim or "suit" as we or less designed primarily for travel on public consider appropriate. Our duty to defend or settle roads, ends when the Liability Coverage Limit of 2. "Mobile equipment" while being carried or Insurance has been exhausted by payment of towed by a covered "auto". judgments or settlements. 3. Any "auto" you do not own while used with the 1. Who Is An Insured permission of its owner as a temporary substi- The following are "insureds": tute for a covered "auto"you own that is out of a. You for any covered "auto". service because of its: b. Anyone else while using with your permis- a. Breakdown; sion a covered "auto" you own, hire or bor- b. Repair; row except: c. Servicing; (1) The owner or anyone.else from whom d. "Loss"; or you hire or borrow a covered "auto". e. Destruction. This exception does not apply if the covered "auto" is a 'trailer" connected to a covered "auto"you own. Page 2 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ (2) Your "employee" if the covered "auto" is These payments will not reduce the Limitof owned by that "employee" or a member Insurance. of his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto" while While a covered "auto" is away from the he or she is working in a business of state where it is licensed we will: selling, servicing, repairing, parking or storing "autos" unless that business is (1) Increase the Limit of Insurance for Li- yours. ability Coverage to meet the limits speci- (4) Anyone other than your "employees", fied by a compulsory or financial re- sponsibility law of the jurisdiction where partners you are a partnership), members (if you are a limited liability the covered "auto" is being used. This company) or a lessee or borrower or extension does not apply to the limit or limits specified by any law governing any of their "employees", while moving property to or from a covered "auto". motor carriers of passengers or prop- erty. (5) A partner (if you are a partnership) or a (2) provide the minimum amounts and types member (if you are a limited liability of other coverages, such as no-fault, company) for a covered "auto"owned by required of out-of-state vehicles"auto" the him or her or a member of his or her jurisdiction where the covered "auto" is household. being used. c. Anyone liable for the conduct of an "in- We will not pay anyone more than once for sured" described above but only to the ex- the same elements of loss because of these tent of that liability. extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the follow- We will pay for the "insured": ing: (1) All expenses we incur. 1. Expected Or Intended Injury (2) Up to $2,000 for cost of bail bonds (in- "Bodily injury" or "property damage" expected eluding bonds for related traffic law vio- or intended from the standpoint of the "in- lations) required because of an "acci- sured" dent" we cover. We do not have to fur- 2. Contractual nish these bonds. Liability assumed under any contract or (3) The cost of bonds to release attach- agreement, ments in any "suit" against the "insured" we defend, but only for bond amounts But this exclusion does not apply to liability for within our Limit of Insurance. damages: (4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is "insured" at our request, including actual an "insured contract" provided the "bodily loss of earnings up to $250 a day be- injury" or "property damage" occurs subse- cause of time off from work. quent to the execution of the contract or (5) All court costs taxed against the "in- agreement; or sured" in any "suit" against the "insured" b. That the "insured" would have in the ab- we defend. However, these payments do Bence of the contract or agreement not include attorneys' fees or attorneys' 3. Workers' Compensation expenses taxed against the"insured". Any obligation for which the "insured" or the (6) All interest on the full amount of any "insured's"insurer may be held liable under any judgment that accrues after entry of the workers' compensation, disability benefits or judgment in any "suit" against the "in- unemployment compensation law or any similar sured" we defend, but our duty to pay law. interest ends when we have paid, of- fered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 03 10 0 Insurance Services Office, Inc., 2009 Page 3 of 12 ❑ 4. Employee Indemnification And Employer's b. After it is moved from the covered "auto"to Liability the place where it is finally delivered by the "Bodily injury"to: "insured". a. An "employee" of the "insured" arising out of 8. Movement Of Property By Mechanical Device and in the course of: "Bodily injury" or "property damage" resulting (1) Employment by the"insured", or from the movement of property by a mechani- cal device (other than a hand truck) unless the (2) Performing the duties related to the device is attached to the covered "auto". conduct of the"insureds" business; or 9. Operations b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Pa- "Bodily injury" or "property damage" arising out ragraph a.above. of the operation of: This exclusion applies: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- (1) Whether the "insured" may be liable as ment"; or an employer or in any other capacity; and b. Machinery or equipment that is on, attached to or part of a land vehicle that would qual- (2) To any obligation to share damages with ify under the definition of "mobile equip- or repay someone else who must pay ment" if it were not subject to a compulsory damages because of the injury. or financial responsibility law or other motor But this exclusion does not apply to "bodily in- vehicle insurance law where it is licensed or jury" to domestic "employees" not entitled to principally garaged. workers' compensation benefits or to liability 10. Completed Operations assumed by the "insured" under an "insured contract". For the purposes of the coverage "Bodily injury" or "property damage" arising out form, a domestic "employee' is a person en- of your work after that work has been com- gaged in household or domestic work per- pleted or abandoned. formed principally in connection with a resi- In this exclusion, your work means: Bence premises. a. Work or operations performed by you or on 5. Fellow Employee your behalf; and "Bodily injury"to: b. Materials, parts or equipment furnished in a. Any fellow "employee" of the "insured" aris- connection with such work or operations. ing out of and in the course of the fellow Your work includes warranties or representa- "employee's" employment or while perform- tions made at any time with respect to the fit- ing duties related to the conduct of your ness, quality, durability or performance of any business; or of the items included in Paragraph a. or b. b. The spouse, child, parent, brother or sister above, of that fellow "employee" as a consequence Your work will be deemed completed at the of Paragraph a, above. earliest of the following times: 6, Care, Custody Or Control (1) When all of the work called for in your "Property damage" to or "covered pollution cost contract has been completed. or expense" involving property owned or trans- (2) When all of the work to be done at the ported by the "insured" or in the "insured's" site has been completed if your contract care, custody or control. But this exclusion calls for work at more than one site. does not apply to liability assumed under a si- (3) When that part of the work done at a job detrack agreement. site has been put to its intended use by 7. Handling Of Property any person or organization other than "Bodily injury" or 'property damage" resulting another contractor or subcontractor from the handling of property: working on the same project. a. Before it is moved from the place where it is accepted by the"insured"for movement into or onto the covered "auto"; or Page 4.of 12 © 1 nsurance Services Office, Inc., 2009 CA 00 01103 10 ❑ I i I Work that may need service, maintenance, cor- Paragraphs b. and c. above of this exclusion rection, repair or replacement, but which is do not apply to "accidents" that occur away otherwise complete, will be treated as com- from premises owned by or rented to an 1n- pleted. sured" with respect to "pollutants" not in or 11. Pollution upon a covered "auto" if: "Bodily injury" or "property damage" arising out (a) The "pollutants"or any property in which of the actual, alleged or threatened discharge, the "pollutants" are contained are upset, dispersal, seepage, migration, release or es- overturned or damaged as a result of the cape of"pollutants": maintenance or use of a covered "auto", and a. That are, or that are contained in any prop- erty that is: (b) The discharge, dispersal, seepage, mi- (1) Being transported or towed by, handled gration, release or escape of the "pollut- ants" is caused directly by such upset, or handled for movement into, onto or overturn or damage. from the covered "auto"; 12 War (2) Otherwise in the course of transit by or on behalf of the"insured", or "Bodily injury" or "property damage" arising di- rectly or indirectly out of: ( ) Being stored, disposed of, treated or a. War, including undeclared or civil war; processed in or upon the covered "au- to"; b. Warlike action by a military force, including b. Before the "pollutants" or any property in action in hindering or defending against an which the "pollutants" are contained are actual or expected attack, by any govern- moved from the place where they are ac- ment, sovereign or other authority using cepted by the "insured" for movement into military personnel or other agents; or or onto the covered "auto"; or c. Insurrection, rebellion, revolution, usurped c. After the "pollutants" or any property in power or action taken by governmental au- which the "pollutants" are contained are thority in hindering or defending against moved from the covered "auto"to the place any of these, where they are finally delivered, disposed of 13. Racing or abandoned by the "insured". Covered "autos" while used in any professional Paragraph a. above does not apply to fuels, lu- or organized racing or demolition contest or bricants, fluids, exhaust gases or other similar stunting activity, or while practicing for such "pollutants" that are needed for or result from contest or activity. This insurance also does the normal electrical, hydraulic or mechanical not apply while that covered "auto" is being functioning of the covered "auto"or its parts, if: prepared for such a contest or activity. (1) The "pollutants" escape, seep, migrate or C. Limit Of Insurance are discharged, dispersed or released Regardless of the number of covered "autos", "in- directly from an "auto" part designed by sureds", premiums paid, claims made or vehicles its manufacturer to hold, store, receive involved in the "accident", the most we will pay for or dispose of such "pollutants"; and the total of all damages and "covered pollution cost (2) The "bodily injury", "property damage" or or expense" combined resulting from any one "covered pollution cost or expense"does "accident" is the Limit of Insurance for Liability not arise out of the operation of any Coverage shown in the Declarations. equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 5 of 12 ❑ All "bodily injury", "property damage" and "covered c. "Loss"caused by falling objects or missiles. pollution cost or expense" resulting from continu- However, you have the option of having glass ous or repeated exposure to substantially the breakage caused by a covered "auto's"collision same conditions will be considered as resulting or overturn considered a "loss" under Collision from one"accident". Coverage. No one will be entitled to receive duplicate pay- 4. Coverage Extensions ments for the same elements of "loss" under this coverage form and any Medical Payments Cover- a. Transportation Expenses age endorsement, Uninsured Motorists Coverage We will pay up to $20 per day to a maximum endorsement or Underinsured Motorists Coverage of $600 for temporary transportation endorsement attached to this Coverage Part. expense incurred by you because of the to- SECTION Ill —PHYSICAL DAMAGE COVERAGE tal theft of a covered "auto" of the private A Coverage passenger type. We will pay only for those covered "autos" for which you carry either 1. We will pay for "loss"to a covered "auto" or its Comprehensive or Specified Causes Of equipment under: Loss Coverage. We will pay for temporary a. Comprehensive Coverage transportation expenses incurred during the period beginning 48 hours after the theft From any cause except: and ending, regardless of the policy's expi- (1) The covered "auto's" collision with an- ration, when the covered "auto" is returned other object; or to use or we pay for its "loss". (2) The covered "auto's"overturn. b. Loss Of Use Expenses b. Specified Causes Of Loss Coverage For Hired Auto Physical Damage, we will Caused by: pay expenses for which an "insured" be- comes legally responsible to pay for loss of (1) Fire, lightning or explosion; use of a vehicle rented or hired without a (2) Theft; driver under a written rental contract or (3) Windstorm, hail or earthquake; agreement. We will pay for loss of use ex- penses if caused by: (4) Flood; (1) Other than collision only if the Declara- (5) Mischief or vandalism; or tions indicate that Comprehensive Cov- (6) The sinking, burning, collision or derail- erage is provided for any covered "auto"; meat of any conveyance transporting (2) Specified Causes Of Loss only if the the covered "auto". Declarations indicate that Specified c. Collision Coverage Causes Of Loss Coverage is provided Caused by for any covered "auto", or (3) Collision only if the Declarations indicate (1) The covered "auto's" collision with an- that Collision Coverage is provided for other object; or any covered "auto". (2) The covered "auto's"overturn. However, the most we will pay for any ex- 2. Towing penses for loss of use is $20 per day, to a We will pay up to the limit shown in the Decla- maximum of$600. rations for towing and labor costs incurred B. Exclusions each time a covered "auto" of the private pas- 1. We will not pay for "loss"caused by or resulting senger type is disabled. However, the labor from any of the following. Such "loss" is ex- must be performed at the place of disablement. cluded regardless of any other cause or event 3. Glass Breakage—Hitting A Bird Or Animal— that contributes concurrently or in any se- Falling Objects Or Missiles quence to the "loss". If you carry Comprehensive Coverage for the a. Nuclear Hazard damaged covered "auto", we will pay for the (1) The explosion of any weapon employing following under Comprehensive Coverage: atomic fission or fusion; or a. Glass breakage; (2) Nuclear reaction or radiation, or radioac- b, "Loss" caused by hitting a bird or animal; tive contamination, however caused. and Page 6 of 12 ©Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ I b. War Or Military Action b. Removable from a housing unit which is (1) War, including undeclared or civil war; permanently installed in or upon the cov- (2) Warlike action by a military farce, includ- ered "auto", ing action in hindering or defending c. An integral part of the same unit housing against an actual or expected attack, by any electronic equipment described in Pa- any government, sovereign or other au- ragraphs a. and b. above; or thority using military personnel or other d. Necessary for the normal operation of the agents; or covered "auto" or the monitoring of the (3) Insurrection, rebellion, revolution, covered "auto's"operating system. usurped power or action taken by gov- 6. We will not pay for "loss" to a covered "auto" ernmental authority in hindering or de- due to "diminution in value", fending against any of these. C. Limit Of insurance 2. We will not a for "loss"to an covered "auto" pay y pay y 1. The most we will a for "loss" in an one 'ac- I while used in any professional or organized cident"is the lesser of: racing or demolition contest or stunting activ- ity, or while practicing for such contest or activ- a. The actual cash value of the damaged or ity. We will also not pay for "loss" to any stolen property as of the time of the "loss'; covered "auto" while that covered "auto" is or being prepared for such a contest or activity. b. The cost of repairing or replacing the dam- 3. We will not pay for "loss"due and confined to: aged or stolen property with other property j a. Wear and tear, freezing, mechanical or of like kind and quality. electrical breakdown. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that b. Blowouts, punctures or other road damage reproduces, receives or transmits audio, visual to tires. or data signals which, at the time of"loss", is: This exclusion does not apply to such "loss" a. Permanently installed in or upon the cov- resulting from the total theft of a covered "au- ered "auto" in a housing, opening or other to". location that is not normally used by the 4. We will not pay for "loss" to any of the follow- "auto" manufacturer for the installation of ing: such equipment; a. Tapes, records, discs or other similar audio, b. Removable from a permanently installed visual or data electronic devices designed housing unit as described in Paragraph 2.a. for use with audio, visual or data electronic above or is an integral part of that equip- equipment. ment. or b. Any device designed or used to detect c. An integral part of such equipment. speed-measuring equipment such as radar 3. An adjustment for depreciation and physical or laser detectors and any jamming appara- condition will be made in determining actual tus intended to elude or disrupt speed- cash value in the event of a total "loss". measurement equipment. c. Any electronic equipment, without regard to 4. If a repair or replacement results in better than whether this equipment is permanently in- like kind or quality, we will not pay for the p y amount of the betterment. stalled, that reproduces, receives or trans- mits audio, visual or data signals. D. Deductible d. Any accessories used with the electronic For each covered "auto", our obligation to pay for, equipment described in Paragraph c. repair, return or replace damaged or stolen prop- above. erty will be reduced by the applicable deductible 5 shown in the Declarations. Any Comprehensive . Exclusions 4.c. and 4.d. do not apply to Coverage deductible shown in the Declarations equipment designed to be operated solely by does not apply to "loss"caused by fire or lightning. use of the power from the auto's" electrical system that, at the time of"loss", is: a. Permanently installed in or upon the cov- ered "auto", CA 00 01 03 10 0 Insurance Services Office, Inc., 2009 Page 7 of 12 ❑ SECTION IV—BUSINESS AUTO CONDITIONS (5) Submit to examination, at our expense, The following conditions apply in addition to the by physicians of our choice, as often as Common Policy Conditions: we reasonably require. A. Loss Conditions c. If there is "loss" to a covered "auto" or its 1. Appraisal For Physical Damage Loss equipment you must also do the following: (1) Promptly notify the police if the covered If you and we disagree on the amount of"loss", "auto"or any of its equipment is stolen. either may demand an appraisal of the "loss". In this event, each party will select a competent (2) Take all reasonable steps to protect the appraiser. The two appraisers will select a covered "auto" from further damage. AI- competent and impartial umpire. The appraisers so keep a record of your expenses for will state separately the actual cash value and consideration in the settlement of the amount of "loss". If they fail to agree, they will claim. submit their differences to the umpire. A (3) Permit us to inspect the covered "auto" decision agreed to by any two will be binding. and records proving the "loss" before its Each party will: repair or disposition. a. Pay its chosen appraiser; and (4) Agree to examinations under oath at our b. Bear the other expenses of the appraisal request and give us a signed statement and umpire equally. of your answers. If we submit to an appraisal, we will still retain 3, Legal Action Against Us our right to deny the claim. No one may bring a legal action against us un- 2. Duties In The Event Of Accident, Claim, Suit Or der this coverage form until: Loss a. There has been full compliance with all the We have no duty to provide coverage under terms of this coverage form; and this policy unless there has been full compli- b. Under Liability Coverage, we agree in writ- ance with the following duties: ing that the "insured" has an obligation to a. In the event of "accident", claim, "suit" or pay or until the amount of that obligation "loss", you must give us or our authorized has finally been determined by judgment af- representative prompt notice of the "acci- ter trial. No one has the right under this pol- dent"or "loss". Include: icy to bring us into an action to determine (1) How, when and where the "accident" or the"insured's"liability. "loss"occurred; 4, Loss Payment—Physical Damage Coverages (2) The"insured's"name and address; and At our option we may: (3) To the extent possible, the names and a. Pay for, repair or replace damaged or stolen addresses of any injured persons and property; witnesses. b. Return the stolen property, at our expense. b. Additionally, you and any other involved We will pay for any damage that results to "insured"must: the"auto"from the theft; or (1) Assume no obligation, make no payment C. Take all or any part of the damaged or sto- or incur no expense without our len property at an agreed or appraised val- consent, except at the "insured's" own ue. cost. If we pay for the "loss", our payment will in- (2) Immediately send us copies of any re- clude the applicable sales tax for the damaged quest, demand, order, notice, summons or stolen property. or legal paper received concerning the 5. Transfer Of Rights Of Recovery Against Others claim or "suit". To Us (3) Cooperate with us in the investigation or If any person or organization to or for whom settlement of the claim or defense we make payment under this coverage form against the"suit". has rights to recover damages from another, (4) Authorize us to obtain medical records those rights are transferred to us. That person or other pertinent information. or organization must do everything necessary to secure our rights and must do nothing after "accident"or "loss"to impair them. Page 8 of 12 0 Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same Bankruptcy or insolvent of the "insured" or basis, either excess or primary, we will pay p Y Y only our share. Our share is the proportion the "insured's" estate will not relieve us of any that the Limit of Insurance of our coverage obligations under this coverage form. form bears to the total of the limits of all the 2. Concealment, Misrepresentation Or Fraud coverage forms and policies covering on This coverage form is void in any case of fraud the same basis. by you at any time as it relates to this coverage 6. Premium Audit form. It is also void if you or any other "in- a. The estimated premium for this coverage sured", at any time, intentionally conceal or form is based on the exposures you told us misrepresent a material fact concerning: you would have when this policy began. We a. This coverage form; will compute the final premium due when we b. The covered "auto"; determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered "auto"; or against the final premium due and the first d. A claim under this coverage form. Named Insured will be billed for the bal- 3. Liberalization ante, if any. The due date for the final pre- mium or retrospective premium is the date If we revise this coverage form to provide more shown as the due date on the bill. If the es- coverage without additional premium charge, timated total premium exceeds the final your policy will automatically provide the addi- premium due, the first Named Insured will tional coverage as of the day the revision is ef- get a refund. fective in your state. b. If this policy is issued for more than one 4. No Benefit To Bailee—Physical Damage year, the premium for this coverage form Coverages will be computed annually based on our We will not recognize any assignment or grant rates or premiums in effect at the beginning any coverage for the benefit of any person or of each year of the policy. organization holding, storing or transporting 7. Policy Period, Coverage Territory property for a fee regardless of any other pro- Under this coverage form, we cover"accidents" vision of this coverage form. and "losses"occurring: 5. Other Insurance a. During the policy period shown in the Dec- a. For any covered "auto" you own, this cov- larations; and erage form provides primary insurance. For b. Within the coverage territory. any covered "auto" you don't own, the in- surance provided by this coverage form is The coverage territory is: excess over any other collectible insurance. (1) The United States of America; However, while a covered "auto" which is a (2) The territories and possessions of the Unit- "trailer" is connected to another vehicle, the ed States of America; Liability Coverage this coverage form pro- vides for the"trailer" is: (3) Puerto Rico; (1) Excess while it is connected to a motor (4) Canada; and vehicle you do not own. (5) Anywhere in the world if: (2) Primary while it is connected to a cov- (a) A covered "auto" of the private passen- ered "auto"you own. ger type is leased, hired, rented or bor- b. For Hired Auto Physical Damage Coverage, rowed without a driver for a period of 30 any covered "auto" you lease, hire, rent or days or less; and borrow is deemed to be a covered "auto" (b) The "insured's" responsibility to pay you own. However, any "auto" that is damages is determined in a "suit"on the leased, hired, rented or borrowed with a merits, in the United States of America, driver is not a covered "auto". the territories and possessions of the c. Regardless of the provisions of Paragraph United States of America, Puerto Rico or a. above, this coverage form's Liability Canada or in a settlement we agree to. Coverage is primary for any liability as- sumed under an "insured contract". I CA 00 01 03 10 0 Insurance Services Office, Inc., 2009 Page 9 of 12 ❑ We also cover "loss" to, or "accidents" involv- "Covered pollution cost or expense' does not fin- ing, a covered "auto" while being transported clude any cost or expense arising out of the ac- between any of these places. tual, alleged or threatened discharge, dispersal, 8. Two Or More Coverage Forms Or Policies seepage, migration, release or escape of "pollut- Issued By Us ants": If this coverage form and any other coverage a. That are, or that are contained in any prop- form or policy issued to you by us or any com- erty that is: pany affiliated with us applies to the same "ac- (1) Being transported or towed by, handled cident", the aggregate maximum Limit of Insur- or handled for movement into, onto or ance under all the coverage forms or policies from the covered "auto"; shall not exceed the highest applicable Limit of (2) Otherwise in the course of transit by or Insurance under any one coverage form or pol- on behalf of the"insured", or icy. This condition does not apply to any cov- erage form or policy issued by us or an affili- (3) Being stored, disposed of, treated or ated company specifically to apply as excess processed in or upon the covered "au- insurance over this coverage form. to"; SECTION V—DEFINITIONS b. Before the "pollutants" or any property in A "Accident" includes continuous or repeated expo- which the "pollutants" are contained are moved from the place where they are ac- sure to the same conditions resulting in "bodily in- cepted by the "insured" for movement into jury"or "property damage". or onto the covered "auto"; or B. "Auto"means: c. After the "pollutants" or any property in 1. A land motor vehicle, 'trailer" or semitrailer de- which the "pollutants" are contained are signed for travel on public roads; or moved from the covered "auto"to the place 2. Any other land vehicle that is subject to a com- where they are finally delivered, disposed of pulsory or financial responsibility law or other or abandoned by the"insured". motor vehicle insurance law where it is licensed Paragraph a. above does not apply to fuels, lu- or principally garaged. bricants, fluids, exhaust gases or other similar However, "auto" does not include "mobile equip- "pollutants" that are needed for or result from ment". the normal electrical, hydraulic or mechanical functioning of the covered "auto"or its parts, if: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- (1) The "pollutants"escape, seep, migrate or suiting from any of these, are discharged, dispersed or released directly from an "auto" part designed by D. "Covered pollution cost or expense" means any its manufacturer to hold, store, receive cost or expense arising out of: or dispose of such "pollutants"; and 1, Any request, demand, order or statutory or (2) The "bodily injury", "property damage" or regulatory requirement that any "insured" or "covered pollution cost or expense"does others test for, monitor, clean up, remove, con- not arise out of the operation of any tain, treat, detoxify or neutralize, or in any way equipment listed in Paragraph 6.b. or respond to, or assess the effects of, "pollut- 6.c. of the definition of "mobile ants", or equipment". 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Page 10 of 12 0 Insurance Services Office, Inc., 2009 CA 00 0103 10 ❑ i Paragraphs b. and c. above do not apply to An "insured contract"does not include that part of "accidents" that occur away from premises any contract or agreement: owned by or rented to an "insured"with respect a. That indemnifies a railroad for "bodily injury" to "pollutants" not in or upon a covered "auto" or "property damage" arising out of con- if: struction or demolition operations, within 50 (a) The "pollutants"or any property in which feet of any railroad property and affecting the "pollutants" are contained are upset, any railroad bridge or trestle, tracks, road- overturned or damaged as a result of the beds, tunnel, underpass or crossing; maintenance or use of a covered "auto", b. That pertains to the loan, lease or rental of and an "auto"to you or any of your"employees", (b) The discharge, dispersal, seepage, mi- if the "auto" is loaned, leased or rented with gration, release or escape of the "pollut- a driver; or ants" is caused directly by such upset, c. That holds a person or organization en- overturn or damage. gaged in the business of transporting prop- erty by "auto" for hire harmless for your use E. "Diminution in value"means the actual or P of a covered "auto" over a route or territory loss in market value or resale value which results that person or organization is authorized to from a direct and accidental "loss". serve by public authority. F. "Employee" includes a "leased worker". "Employee" 1. "Leased worker" means a person leased to you by does not include a "temporary worker". a labor leasing firm under an agreement between G. "Insured" means any person or organization quali- you and the labor leasing firm to perform duties re- fying as an insured in the Who Is An Insured pro- lated to the conduct of your business. "Leased vision of the applicable coverage. Except with re- worker"does not include a "temporary worker". spect to the Limit of Insurance, the coverage af- J. "Loss" means direct and accidental loss or dam- forded applies separately to each insured who is age. seeking coverage or against whom a claim or "suit" K. "Mobile equipment" means any of the following is brought, types of land vehicles, including any attached ma- H. "Insured contract"means: chinery or equipment: 1. A lease of premises; 1. Bulldozers, farm machinery, forklifts and other 2. A sidetrack agreement; vehicles designed for use principally off public roads; 3. Any easement or license agreement, except in 2. Vehicles maintained for use solely on or next to connection with construction or demolition op- premises you own or rent; erations on or within 50 feet of a railroad; 3. Vehicles that travel on crawler treads; 4. An obligation, as required by ordinance, to in- 4. Vehicles, whether self-propelled or not, main- demnify a municipality, except in connection tained primarily to provide mobility to perma- with work for a municipality: nently mounted: 5. That part of any other contract or agreement a. Power cranes, shovels, loaders, diggers or pertaining to your business (including an in- drills; or demnification of a municipality in connection b. Road construction or resurfacing with work performed for a municipality) under which you assume the tort liability of another to equipment such as graders, scrapers or pay for"bodily injury"or "property damage'to a rollers; third party or organization. Tort liability means 5. Vehicles not described in Paragraph 1., 2., 3. or a liability that would be imposed by law in the 4. above that are not self-propelled and are absence of any contract or agreement; maintained primarily to provide mobility to per- fi. That part of any contract or agreement entered manently attached equipment of the following types: into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- a. Air compressors, pumps and generators, ees", of any "auto". However, such contract or including spraying, welding, building clean- agreement shall not be considered an "insured ing, geophysical exploration, lighting and contract" to the extent that it obligates you or well-servicing equipment; or any of your "employees" to pay for "property b. Cherry pickers and similar devices used to damage" to any "auto" rented or leased by you raise or lower workers; or or any of your "employees". CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 11 of 12 ❑ 6. Vehicles not described in Paragraph 1., 2., 3. or M. "Property damage" means damage to or loss of 4. above maintained primarily for purposes use of tangible property. other than the transportation of persons or car- N. "Suit"means a civil proceeding in which: go. However, self-propelled vehicles with the following types of permanently attached 1. Damages because of "bodily injury" or "prop- equipment are not "mobile equipment" but will erty damage"; or be considered "autos": 2. A"covered pollution cost or expense", a. Equipment designed primarily for: to which this insurance applies, are alleged. (1) Snow removal; "Suit"includes: (2) Road maintenance, but not construction a. An arbitration proceeding in which such or resurfacing; or damages or "covered pollution costs or ex- (3) Street cleaning; penses" are claimed and to which the "in- b. Cherry pickers and similar devices mounted sured" must submit or does submit with our on automobile or truck chassis and used to consent; or raise or lower workers; and b. Any other alternative dispute resolution proceeding in which such damages or c. Air compressors, pumps and generators, "covered pollution costs or expenses" are including spraying, welding, building clean- claimed and to which the insured submits ing, geophysical exploration, lighting or with our consent. well-servicing equipment. O. 'Temporary worker" means a person who is fur- However, "mobile equipment" does not include nished to you to substitute for a permanent "em- land vehicles that are subject to a compulsory or ployee" on leave or to meet seasonal or short-term financial responsibility law or other motor vehicle workload conditions. insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or P. 'Trailer"includes semitrailer. financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. I i I II Page 12 of 12 0 Insurance Services Office, Inc., 2009 CA 00 0103 10 ❑ i Additional Insured —Automatic — Owners, Lessees Or ZLURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer No. Add'1. Prem Return Prem. GLA399116709 05/01/2013 05/01/2014 OS/01/2013 73791000 Incl. N/A THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Named Insured: Wayne's Roofing, Inc. Address (including ZIP Code): 13105 &oustcn Road, Sumner, WA 9B390 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I — Coverage A — Bodily Injury And Property Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, but only with respect to liability for"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, and resulting directly from your ongoing operations or "your work' as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. U-GL-1175-E CW(04/12) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. E. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: i 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or"suit" as soon as practicable, and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV —Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. I U-GL-1175-E CW(04112) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.