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HomeMy WebLinkAboutPW14-163 - Original - Starman Metal Fabrications LLC - GRNRA Pedestrian Bridge Repairs - 06/30/2014 YY{ y Records Managern6hj ��a KENTwg5111NGTON �,. 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: Starman Metal Fabrications LLC Vendor Number: ID Edwards ®Number Contract Number: This is assigned by City Clerk's Office Project Name: Green River Natural Resources Area Pedestrian Bridge Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/30/14 Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Supply and install missing vertical pickets to the pedestrian bridge. S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT PUBLIC WORKS AGREEMENT between City of Kent and Starman Metal Fabrications LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Starman Metal Fabrications LLC organized under the laws of the State of Washington, located and doing business at 17300 SE 132"d Street, Renton, WA 98059, Phone: (425) 235-1431/Fax: (425) 235-8137, Contact: Joel Pryor (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: The Contractor shall supply and install missing vertical pickets to the Green River Natural Resouces Area Pedestrian Bridge. For a description and Contractor's bid, see Exhibit A which is attached and incorporated by this reference. 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 by December 31, 2014. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Nine Thousand, One Hundred Eighty Seven Dollars and five cents ($9,187.05), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. PUBLIC WORKS AGREEMENT - 1 (Under$10K and Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Under$1OK and Performance Bond) 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 (Under $1OK and Performance Bond) 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 (Under $1OK and Performance Bond) 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 Dui 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 - S (Under$10K and Performance Bond) connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. I 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 (Under$1OK and Performance Bond) 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. 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. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 7 (Under $1OK and Performance Bond) J. 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: 4 (sianat�re ture) Print Name: 44 d ilia ° Print Name: ZToth73. LaPorte, P.E. Its Its: Public 6orks Director (tide I DATE: (jo DATE: " l NOTICES TO BE SENT TO: ! NOTICES TO BE SENT TO: I CONTRACTOR: CITY OF KENT: Joel Pryor Timothy J. LaPorte, P.E. Starman Metal Fabrications LLC City of Kent 17300 SE 132n, St. 220 Fourth Avenue South Renton, WA 98059 Kent, WA 98032 (425) 235-1431 (telephone) (253) 856-5500 (telephone) (425) 235-8137 (facsimile) (253) 856-6500 (facsimile) Starman Meal Fab-GRNRA Ped E,id"/Knox PUBLIC WORKS AGREEMENT - 8 (Under$1OK and Performance Bond) 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. 1 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. 9 For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the I Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A STARMAN METAL FABRICATIONS LLC, Estimate 17300 SE 132nd Street Date Estimate 1F Renton, WA 98059 425-235-1431 PH 425-235-8137 FAX 4/14/2014 4335 Ship To Name&Address City of Kent Public Works 220 Fourth Avenue South Kent, WA 98032 P.O. No. Terms I Item Description Qty Total Job materials revenue Supply and install 433 missing vertical tubes 8,390.00T Size:43"x 3/4"x 18/8"wall round aluminum tube Tubes will be tack welded top&bottom to help prevent theft Subtotal $8,390.00 Sales Tax (9.5%) $797.05 Signature I. Total $9,187.05 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, 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 it 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: I 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. Z. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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. OP ID: JP ^k M� CERTIFICATE OF LIABILITY INSURANCE O06/26/201VV) ATE O6/26l2014 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 endorsements). PRODUCER CONTACT NAME; Joann Pfeifer,ACSR _ Redmond General Insurance Agcy PHONE PO Box 847 LAIC No E=n.425-962-2664 FAX we: 425-885-6631 Redmond,WA 98073-0847 IL feer r a._com ADDREMAESS: if i Keith W.Brewe,CPCU PRODOCER ,STARM-1 _ E Ib INSURER(S)AFFORDING COVERAGE NAICH INSURED Starman Metal Fabrications LLC _I_NSURERA:Hartferd Casualty Ins CO A+XV 29424 17300 SE 132nd St + _ INSURER B:TWIn CI Fire Ins Co A XV 29459 Renton,WA98059 INSURERC: INSURER D: INSURER IS SURER 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 _ -ISLIN TYPEOFINSURANCE IN POLICY NUMBER ADOLMMIDptVrn IM f%YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 -CAmA X COMMERCIAL GENERAL LIABILITY X X 52SBALW9065 09/15/2013 09/15/2014 ET REF ED 300,00 PREEMIMI SES Ea occerrence $ OIAIM$-MADE OCCUR MEO E%P(Any one person) _ $ 10,00 PERSONAL S AOV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,00 POLICY X PRO- LOC $ JECT AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT I$ 1,000,00 B ANYAUTO 62UECKT8286 09/15/2013 09/16/2014 IEa accident) _ BODILYINJURY(Perpevan) $ ALL OW NED AUTOS ti :L BODILY INJURY(Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE X AIRED AUTOS (PER ACCIDENT) $ X NON-OWNEDAUTOS $$ X UMBRELLA LIAR I X OCCUR EACH OCCURRENCE $ 2,000,00 L. EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,00 A -- 52SBALW9065 09/16/2013 09/15/2014 ----� DEDucnaLE X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- - AND EMPLOYERS'LIABILITY FIR A ANY PROPRIETOR/PARTNERIF,XECUTIVE YIN NIA 52SBALW9066 0911512013 0911512014 EL_EACH ACCIDENT $ 1,000,00 DFFICERIMEMBER EXCLUDEOI EMPL LIAB/WA STOP GAP EL DISEASE-EA EMPLOYEE 1,000,00 (Mandatory In NH) _. If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POUCV LIMIT $ 1,DDD,DD DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Pali Sohedule,if mere apace Is reserve) Re: Green River Natural Resources Area Pedestrian Bridge This insurance is Primary and Non-contributory to any insurance maintained by Additional Insureds. City of Kent is named as Additional Insured on all policies per SS00080405 (includes completed oppeerations)and BA99160312 attached. Per Project Aggregate Endorsement #SSO4330405 applies. CERTIFICATE HOLDER CANCELLATION CITYKEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Attn: Nancy Yoshitake AUTHORMED REPRESENTATIVE 220 4th Ave S Kent,WA 98032 ')(� Keith W.Brew !I ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 52SBALW9065 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense,Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 i BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments will not exceed the Injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur, accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, Including prosthetic organization for care, loss of services or devices;and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION- rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence",but only If: (1) All expenses we Incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of ball bands emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services;and any vehicle to which Business Liability Coverage for"bodily Injury"applies. We (b) You are not engaged In the b do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions In the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the Insured in below for "bodily Injury" caused by an the"suit". accident: (6) Prejudgment Interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent;or applicable limit of Insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place In the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited In court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident;and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an Insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses Incurred (1) The "suit" against the Indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1-b-(b) of Section B. — that is an"insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage"and will not reduce the Limits of Insurance. (3) The obligation to defend,or the cost of Our obligation to defend an insured's the defense of, that indemnitee, has also been assumed by the insured in Indemnitee and to pay for attorneys' fees the same"Insured contract"; and necessary litigation expenses as Supplementary Payments ends when: (4) The allegations in the "suit" and the (1) We have used up the applicable limit information we know about the of insurance in the payment of "occurrence" are such that no conflict judgments settlements;or appears to exist between the interests of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This Insurance does not apply to: and the indemnitee;and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the standpoint of the insured. This (i) Cooperate with us in the exclusion does not apply to "bodily investigation, settlement or injury" or "property damage" resulting defense of the"suit"; from the use of reasonable force to (ii) Immediately send us copies of protect persons or property;or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the"suit"; acquiescence of the Insured with the (W) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury", indemnitee;and b. Contractual Liability (iv) Cooperate with us with (1) "Bodily injury"or"property damage";or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee;and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit";and (a) "Bodily injury","property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the Insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or"property damage" (b) Performing duties related to the assumed Ina contractor agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily Injury' or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses Incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the Injury. "bodily Injury" or"property damage" This exclusion does not apply to liability provided: assumed by the Insured under an "insured (1) Liability to such parry for, or for contract". the cost of, that partys defense L Pollution has also been assumed In the (1) "Bodily injury", "property damage" or same"insured contract",and "personal and advertising Injury" (H) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage,migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which (a) to o from any premises, site or damages to which this y insurance applies are alleged, location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily Injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (1) "Bodily injury"If sustained within (1) Causing or contributing to the a building and caused by Intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or coot or dehumidify the building, or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (it) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, If you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the Insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"[o: such premises, site or location s not and never was owned or (1) An "employee" of the insured arising occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (if) "Bodily injury' or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (111)"Bodily Injury" or "property (1) Any insured;or damage" arising out of heat, smoke or fumes from a (if) Any person or organization for "hostile fire"; or whom you may be legally (a) At or from any premises, site or responsible; d At or from an premises, site or location or which any insured a any ( ) y contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, dean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to,or assess the premises, site or location in the effects of,"pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request,demand,order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or dean up, remove, contain, treat, other operating fluids which are detoxify or neutralize,or In any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, If such fuels, lubricants or other monitoring, cleaning up,removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of,"pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of"property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or In any stunting or watercraft owned or operated by or rented activity. or loaned to any Insured. Use includes I. War operation and"loading or unloading". "Bodily injury", 'property damage" or This exclusion applies even If the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others (2) Warlike action by a military force, by that Insured, if the "occurrence" which including action in hindering or caused the "bodily Injury" or "property defending against an actual or damage" involved the ownership, expected attack, by any government, maintenance,use or entrustment to others of sovereign or other authority using any aircraft, "auto" or watercraft that is military personnel or other agents;or owned or operated by or rented or loaned to any insured. (3) Insurrection, rebellion, revolution, usurped power, or action taken by This exclusion does not apply to: governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; J. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long;and personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the"auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, Inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired,chartered or loaned treatment,advice or instruction; with a paid crew. However, this O 6 Any service, treatment, advice or exception does not apply if the insured has any other Insurance for such"bodily appearance for the purpose of Injury" or "property damage", whether appearance re skin enhancement,hair removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical the hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any Insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises,rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (0) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D.-Limits Of Insurance. piercing); Paragraph (2) of this exclusion does not (b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs(3)and(4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs(3)and (4)of this exclusion do Paragraphs(4)and(5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e.in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to"properly damage"Included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" "your work" arising property for any reason, including out it any part off it and included in the prevention of Injury to a person or "prodd ucts-s-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or Property Not Physically Injured (4) Personal property in the care, custody or control of the insured; "Property damage" to "impaired property" or property that has not been physically (6) That particular part of real property on injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition In "your product" operations, if the "property damage" or"your work"; or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others;or (1) "Your product"; (c) An Internet search, access, (2) "Your work';or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b, and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising Injury": linking to others on your web site, by (1) Arising out of oral,written or electronic itself, is not considered the business of advertising, broadcasting, publication of material, if done by or at the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room or bulletin board the Insured hosts, (2) Arising out of oral,written or electronic owns or over which the insured publication of material whose first publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an Implied contract to use another's "advertising Idea" in your (11) out of the violation of a person "advertisement"; persons right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or Insured would have In the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or Images;or "advertisement",of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan Is also (1) Your web site;or a trademark, trade name, service (11) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity;or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation In price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities;or persons or property which would not have occurred in whole or In (15) Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, order m statutory or regulatory director, stockholder, partner or requirement that any insured or member of the insured. others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or In use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an"asbestos hazard";or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, 1 A person arising out of any: detoxifying or neutralizing or in any O P g way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Malls, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising Injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), including any amendment consequence of "bodily Injury" or of or addition to such law; "personal and advertising Injury"to the (2) The CAN-SPAM Act of 2003,including person at whom any of the any amendment of or addition to such employment-related practices law; or described in Paragraphs(a),(b),or(c) above is directed. (3) Any statute, ordinance or regulation, other than the TCPA or CANSPAM Act This exclusion applies: of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c.through h. and k.through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2, Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily Injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of your business, or your"employees", other c. Injury On Normally Occupied Premises than either your"executive officers" (If you To a person Injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by you or while performing duties related to To a person, whether or not an the conduct of your business. "employee" of any insured, If benefits for the "bodily Injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or co"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other "volunteer workers" while Excluded u Li tinder Business abillty Coverage. performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(8)above; b. A partnership or joint venture, you are an (c) For which there is any obligation Insured. Your members,your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the Injury described in Paragraphs (1)(a) or c. A limited liability company, you are an (b) above;or insured. Your members are also Insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company,you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are Insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "properly damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member(if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to"mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an Insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person Is Any person or organization having proper also an Insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily Injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, In the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge,any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an Insured, but only with as a named insured does not apply to respect to liability , sing out of the operation injury or damage with respect to which an in the watercraft, and only a no other insured under this insurance Is also an insurance rg any kind is available to that person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily Injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the Issuance of the permit. with the distribution or sale of the A person or organization Is an additional products; Insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed person or organization is an at the vendors premises in However, no such P g connection with the sale of the additional insured under this provision if such product; person or organization is Included as an additional Insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or Ingredient of any additional Insured coverage grants In Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor;or a. Vendors (h) "Bodlty injury" or "property damage" arising out of the sole Any person(s)or organizatlon(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on Its behalf. However,this or sold In the regular course of the vendors exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in property damage" Included within the Subparagraphs(d)or(f);or "products-completed operations hazard". (it) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily Injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have In the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or In the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the Insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional Insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects,Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (11) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising Injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, Inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies,the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance, arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance Is available to an additional Insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily Injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b.above, the most we will pay for company that is not shown as a Named Insured In the sum of all damages because of all the Declarations. "personal and advertising Injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5, Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises,while b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard"Is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b, Damages because of all other "bodily The most we will pay o a behalf a person or injury", "property damage" or "personal organization who Is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified In a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received In connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3,above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the Insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cast of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES co insured will, except at that insured's own cost, voluntarily make a payment , assume GENERAL CONDITIONS any obligation, or Incur any expense, other 1. Bankruptcy than for firstaid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional Insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this Insurance is primary and the extent possible, notice should Include: non-contributory with the additional (1) How,when and where the "occurrence" insured's own insurance. or offense took place; f, Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit Injured persons and witnesses;and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional Insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust;or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured Is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. if other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this Insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other Insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organizaton has a right under insurance by the method described in c. below. this Coverage Form: b, Excess Insurance a. To join us as a party or otherwise bring us into a "suit" asking for damages from an This insurance Is excess over any of the insured;or other Insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of Its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this Insurance or that are in excess of the Insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability, signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, and any rights or duties specifically assigned property damage" to premises rented in this policy to the first Named Insured, this w you or temporarily occupied by you with permission of the owner; Insurance applies: w a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to b. Separately to each insured against whom a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — Coverages. representations you made to us;and Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other Insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid Its applicable limit of This insurance is primary if you Insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that if any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8, Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the Insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this Insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "Suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3, Additional insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to Include as an additional insured one or more of the following Optional Additional the person(s) organization(s) shown In the a Insured Coverages also apply. When any of these Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business Insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. Is and advertising Injury"caused, in whole or amended to include as an additional Insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising Injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations;or interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional Insured - Managers Or Lessors amended to Include as an additional Of Premises Insured the person(s) or organization(s) shown In the Declarations as an Additional a. WHO IS AN INSURED under Sectiori C. Is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b, With respect to the insurance afforded to This Insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises;or performed by or on behalf of such person or organization. (2) Structural alterations, new 6, Additional Insured - State Or Political construction or demolition operations performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C.is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit, make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, servicing or repair operations, This insurance does not apply to: except such operations performed (1) "Bodily injury", "property damage" or at the vendors premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations"hazard. container, part or ingredient of any T. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor)shown In the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respell to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However,this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained in business and only if this Coverage Part Subparagraphs(d)or(f); or provides coverage for "bodily injury" or (11) Such inspections, "property damage" Included within the adjustments, tests or servicing "products-completed operations hazard". as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make In the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. Is (c) Any physical or chemical change amended to include as an additional Insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor, Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you;or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 06 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This Insurance does not apply to structural The limits of Insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this Insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or Is available to an additional insured Is described in Contractors — Scheduled Person Or the Other Insurance Condition In Section E. — Organizatlon Liability And Medical Expenses General a. WHO IS AN INSURED under Section C.is Conditions. amended to Include as an additional G. LIABILITY AND MEDICAL EXPENSES Insured the person(s) or organizatlon(s) DEFINITIONS shown in the Declarations as an Additional Insured—Owner, Lessees Or Contractors, 1, "Advertisement" means the widespread public but only with respect to liability for"bodily dissemination of Information or images that injury", 'property damage" or "personal has the purpose of inducing the sale of goods, and advertising Injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s);or rk" b. The Internet, but only that part d a web (2) In connection with "your we site that is about goods, prod performed for that additional insured products and included within the "products- services for the purposes inducing the completed operations hazard", but sale of goods,products or services;or only if this Coverage Part provides c. Any other publication that Is given coverage for "bodily Injury" or widespread public distribution. "property damage" Included within the However,"advertisement"does not Include: "products-completed operations a. The design, printed material, information hazard". or Images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this Insurance products;or does not apply to "bodily Injury", "property b. An Interactive conversation between or damage" or "personal an advertising among persons through a computer network, injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services,Including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos In any form. field orders,change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not Include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily Injury" means physical: WHO is AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness;or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above,mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory"means: Page 20 of 24 Form 88 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace,but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the contract or c. Ail other parts of the world if the injury or agreement. damage arises out of. 12. "Insured contract" means: (1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in a.above; However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising Injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. —Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including Its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a Including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on;or e. An elevator maintenance agreement;or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or"propetty 8 damage" to a third person or organization, . "Employee" includes a "leased worker". " provided the "bodily injury" or "property Employee" does not include a "temporary worker". damage" is caused, In whole or in part, by you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle,tracks, road-beds, tunnel, a. It incorporates "your product" or"your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b) Giving directions or Instructions, following types: or failing to give them, if that Is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage;or welding, building cleaning, (2) Under which the Insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the Insured's used to raise or lower workers; rendering or failure to render f. Vehicles not described in a., b., c., or d. professional services, including those above maintained primarily for purposes listed in (1) above and supervisory, other than the transportation of persons or inspection, architectural or cargo. engineering activities. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the following types of permanently attached you by a labor leasing firm under an equipment are not"mobile equipment" but agreement between you and the labor leasing will be considered "autos": firm,to perform duties related to the conduct of your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds Include a"temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property; (a) Snow removal; a. After It is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft,watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While It is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment"means any of the following 16. "occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily Injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest,detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles,whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful ovictlon from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which Is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods,products or services; own or rent. e. Oral, written or electronic publication of b. Does not Include "bodily injury" or material that violates a person's right of "property damage" arising out of: privacy; (1) The transportation of property, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright,slogan,or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means: thermal irritant or contarninant, including smoke, a. Physical injury to tangible property, vapor, soot,fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it;or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from promises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed 21. "Sult" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit"includes: your contract has been completed. a. An arbitration proceeding in which such damages are claimed and to which the (b) When all of the work to be done at insured must submit or does submit with the job site has been completed if your contract calls for work at our consent;or more than one job site. b. Any other alternative dispute resolution proceeding in which such damages are (e) When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent. intended use by any person or organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker"means a person who: a. Is not your"employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or Instructions. scope of duties determined by you;and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf, and property, manufactured,sold,handled, (2) Materials, parts or equipment distributed or disposed of by: furnished In connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired;and of"your work";and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product";and Page 24 of 24 Form SS 00 08 04 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if f. The General Aggregate Limit under Section D. the authorized contracting parties deviate from LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to your"projects". be the same"project". 2. The limits shown in the Declarations for Liability 5. The provisions of Section D. LIABILITY AND and Medical Expenses, Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE Rented To You and Medical Expenses continue not otherwise modified by this endorsement to apply. shall continue to apply as stipulated. 3. When coverage for liability arising out of the B. Additional Definitions "products-completed operations hazard" is The following definition is added to Section G. provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of"bodily injury" or "property damage" included DEFINITIONS: in the "products-completed operations hazard" 1. 'Project" mans "your work" at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you. Aggregate Limit, and not reduce the General Aggregate Limit. Form SS 04 33 04 05 Page 1 of f 0 2005,The Hartford 52UECKT8285 COMMERCIAL AUTOMOBILE HA 99 16 0312 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to Include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.I. -WHO IS AN INSURED -of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an"insured" under any other f. When you have agreed, in a written policy, contract or written agreement,that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured",but only unless you have given us notice of to the extent such person or the acquisition or formation. organization Is liable for "bodily Coverage does not apply to "bodily injury" or"property damage"caused injury" or "property damage"that results by the conduct of an "insured"under from an "accident" that occurred before paragraphs a, or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. - WHO IS AN INSURED -of SECTION II - LIABILITY COVERAGE is amended to add: '.. ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 I The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this nsurances primary and we will not (b) The Limits of Insurance shown in i ii the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured amounts under all that other insurance. Suitor Loss f you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL j applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOANILEASE GAP COVERAGE SECTION 11 - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive. Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to"autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired "auto" Is: or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss", or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag, coverage. No deductible applies to"loss"caused 6, ELECTRONIC EQUIPMENT • BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c, and 4.d, do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (If you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and (2)above;or ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same "accident", the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) The requirement in LOSS CONDITIONS 2.a. - a DUTIES IN THE EVENT OF ACCIDENT,CLAIM, ac that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident" applies only when the "accident"is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a, above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO -COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. 'bodily injury" or "property damage" is determined in a "suit,"the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.- DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of 130 Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid. Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17, EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors o move the auto, or the internal combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage Coverages are amended to add the following: VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto In the event of a total loss to a "non-hybrid" auto s for which Comprehensive, Specified Causes of w will pay up to for vinyl vehicle wraps Loss, or Collision coverages are provided under which ich are displayedd o on n the covered "auto" at the this Coverage Form, then such Physical time of total loss. Regardless the number of Damage Coverages are amended as follows: autos deemed total loss, the most will pay under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000, For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011, The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5 Page 1 of 17 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 6/2/2014 County Trade Job Classification Wage IHolidaylOvertime Note, King Asbestos Abatement Workers Journey Level $41.69 5D 1H King Boilermakers Journey Level $64.44 5N 1c King Brick Mason Brick And Block Finisher $43.26 5A 1M King Brick Mason Journey Level $50.12 5A 1M King Brick Mason Pointer-Caulker-Cleaner $50.12 5A 1M King Building Service Employees Janitor $20.59 5S 2F King Building Service Employees Traveling Waxer/Shampooer $21.00 5S 2F King Building Service Employees Window Cleaner (Non-Scaffold) $24.29 5S 2F 'King Building Service Employees Window Cleaner (Scaffold) $25.15 55 2F jKing Cabinet Makers (In Shop) Journey Level $22.74 1 ,King Carpenters Acoustical Worker $50.82 5D 1M +++King Carpenters Bridge, Dock And Wharf $50.82 5D 1M Carpenters ';King Carpenters Carpenter $50.82 5D 1M King Carpenters Carpenters on Stationary Tools $50.95 5D 1M King Carpenters Creosoted Material $50.92 5D 1M 'King Carpenters Floor Finisher $50.82 5D 1M King Carpenters Floor Layer $50.82 5D 1M King Carpenters Scaffold Erector $50.82 SD 1M King Cement Masons Journey Level $51.18 7A 1M King Divers Et Tenders Diver $105.37 5D 1M 8A King Divers i3 Tenders Diver On Standby $59.50 5D 1M King Divers @ Tenders Diver Tender $54.82 5D 1M ,King Divers Et Tenders Surface Rcv Et Rov Operator $54.82 5D 1M King Divers & Tenders Surface Rcv 8 Rov Operator $51.07 5A 1 B Tender King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate (Deckhand) $52.58 5D 3F https:Hfortress.wa.gov/lnl/wagelookup/prvWagelookup.aspx 6/2/2014 Page 2 of 17 King Dredge Workers Boatmen $52.301 SD 3F King Dredge Workers Engineer Welder $54.04 5D 3F King Dredge Workers Leverman, Hydraulic $55.17 5D 3F King Dredge Workers Mates $52.30 5D 3F King Dredge Workers Oiler $52.58 5D 3F King Drywall Applicator Journey Level $50.82 5D 1H King Drywall Tapers Journey Level $50.87 5P 1 E King Electrical Fixture Maintenance Journey Level $25.84 5L 1E Workers King Electricians - Inside Cable Splicer $65.69 7C 2W King Electricians - Inside Cable Splicer (tunnel) $70.52 7C 2W King Electricians - Inside Certified Welder $63.49 7C 2W King Electricians - Inside Certified Welder (tunnel) $68.10 7C 2W King Electricians - Inside Construction Stock Person $35.69 7C 2W King Electricians - Inside Journey Level $61.30 7C 2W King Electricians - Inside Journey Level (tunnel) $65.69 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shoo Journey Level $14.69 1 (King Electricians - Powerline Cable Splicer $68.33 5A 4A Construction King Electricians - Powerline Certified Line Welder $62.50 5A 4A Construction King Electricians - Powerline Groundperson $42.56 5A 4A Construction King Electricians - Powerline Heavy Line Equipment $62.50 5A 4A Construction Operator King Electricians - Powerline Journey Level Lineperson $62.50 5A 4A Construction King Electricians - Powerline Line Equipment Operator $52.47 5A 4A Construction King Electricians - Powerline Pole Sprayer $62.50 5A 4A Construction King Electricians - Powerline Powderperson $46.55 5A 4A Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $80.14 7D 4A King Elevator Constructors Mechanic In Charge $86.77 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory $15.25 5B 1R Products Work Only King Fence Erectors Fence Erector $15.18 1 King Flaggers Journey Level $35.34 7A 31 King Glaziers Journey Level $53.76 7L 1y King Heat Et Frost Insulators And Journeyman $58.93 5J 1s Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1E y King Hod Carriers Et Mason Tenders Journey Level $42.991 7A 11 King Industrial Power Vacuum Journey Level 1 $9.321 11 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/2/2014 Page 3 of 17 Cleaner King Inland Boatmen Boat Operator $54.57 5B 1K King Inland Boatmen Cook $50.95 5B 1K 'King Inland Boatmen Deckhand $51.19 5B 1K King Inland Boatmen Deckhand Engineer $52.18 5B 1K King Inland Boatmen Launch Operator $53.40 5B 1K King Inland Boatmen Mate $53.40 5B 1K King Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 Sewer Ft Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer & Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Head Operator $24.91 1 Sewer a Water Systems BV Remote Control King Inspection/Cleaning/Sealing 0f Technician $19.33 1 Sewer & Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer a Water Systems By Remote Control King Insulation Applicators Journey Level $50.82 5D 1M King Ironworkers Journeyman $59.77 7N 10 King Laborers Air, Gas Or Electric Vibrating $41.69 7A 31 I Screed =King Laborers Airtrac Drill Operator $42.99 7A 31 King Laborers Ballast Regular Machine $41.69 7A 3I King Laborers Batch Weighman $35.34 7A 31 King Laborers Brick Pavers $41.69 7A 31 King Laborers Brush Cutter $41.69 7A 31 King Laborers Brush Hog Feeder $41.69 7A 31 King Laborers Burner $41.69 7A 31 King Laborers Caisson Worker $42.99 7A 31 King Laborers Carpenter Tender $41.69 7A 31 King Laborers Caulker $41.69 7A 31 ,King Laborers Cement Dumper-paving $42.46 7A 31 jKing Laborers Cement Finisher Tender $41.69 7A 31 {King Laborers Change House Or Dry Shack $41.69 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $41.69 7A 31 iKing Laborers Chipping Gun(30 Lbs. And $42.46 7A 31 Over) {King Laborers Choker Setter $41.69 7A 31 ,King Laborers Chuck Tender $41.69 7A 31 King Laborers Clary Power Spreader $42.46 7A 31 King Laborers Clean-up Laborer $41.69 7A 31 King Laborers Concrete Dumper/chute $42.46 7A 31 https:Hfortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 4 of 17 Operator King Laborers Concrete Form Stripper $41.69 7A 31 King Laborers Concrete Placement Crew $42.46 7A 31 King Laborers Concrete Saw Operator/core $42.46 7A 31 Driller IKing Laborers Crusher Feeder $35.34 7A 31 King Laborers Curing Laborer $41.69 7A 31 King Laborers Demolition: Wrecking @ Moving $41.69 7A 31 (incl. Charred Material) King Laborers Ditch Digger $41.69 7A 31 King Laborers Diver $42.99 7A 31 King Laborers Drill Operator $42.46 7A 31 (hydraulic,diamond) King Laborers Dry Stack Walls $41.69 7A 31 King Laborers Dump Person $41.69 7A 31 iKing Laborers Epoxy Technician $41.691 7A 31 !King Laborers Erosion Control Worker $41.69 7A 31 ,King Laborers Faller 8 Bucker Chain Saw $42.46 7A 31 King Laborers Fine Graders $41.69 7A 31 King Laborers Firewatch $35.34 7A 31 King Laborers Form Setter $41.69 7A 31 King Laborers Gabian Basket Builders $41.69 7A 31 King Laborers General Laborer $41.69 7A 31 King Laborers Grade Checker 8 Transit $42.99 7A 31 Person King Laborers Grinders $41.69 7A 31 King Laborers Grout Machine Tender $41.69 7A 31 King Laborers Groutmen (pressure)including $42.46 7A 31 Post Tension Beams King Laborers Guardrail Erector $41.69 7A 31 King Laborers Hazardous Waste Worker (level $42.99 7A 31 A) King Laborers Hazardous Waste Worker (level $42.46 7A 31 B) King Laborers Hazardous Waste Worker (level $41.69 7A 31 C) King Laborers High Scaler $42.99 7A 31 King Laborers Jackhammer $42.46 7A 31 King Laborers Laserbeam Operator $42.46 7A 31 King Laborers Maintenance Person $41.69 7A 31 King Laborers Manhole Buitder-mudman $42.46 7A 31 .King Laborers Material Yard Person $41.69 7A 31 flpMKing Laborers Motorman-dinky Locomotive $42.46 7A 31 King Laborers Nozzleman (concrete Pump, $42.46 7A 31 Green Cutter When Using Combination Of High Pressure Air a Water On Concrete Et https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/2/2014 Page 5 of 17 I Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $42.46 7A 31 King Laborers Pilot Car $35.34 7A 31 King Laborers Pipe Layer Lead $42.99 7A 31 'King Laborers Pipe Layer/tailor $42.46 7A 31 King Laborers Pipe Pot Tender $42.46 7A 31 p King Laborers Pipe Reliner $42.46 7A 31 King Laborers Pipe Wrapper $42.46 7A 31 King Laborers Pot Tender $41.69 7A 31 King Laborers Powderman $42.99 7A 31 King Laborers Powderman's Helper $41.69 7A 31 'King Laborers Power Jacks $42.46 7A 31 King Laborers Railroad Spike Puller- Power $42.46 7A 31 King Laborers Raker - Asphalt $42.99 7A 31 King Laborers Re-timberman $42.99 7A 31 :King Laborers Remote Equipment Operator $42.46 7A 31 King Laborers Rigger/signal Person $42.46 7A 31 ;King Laborers Rip Rap Person $41.69 7A 31 King Laborers Rivet Buster $42.46 7A 31 King Laborers Rodder $42.46 7A 31 King Laborers Scaffold Erector $41.69 7A 31 King Laborers Scale Person $41.69 7A 31 King Laborers Stoper (over 20") $42.46 7A 31 King Laborers Sloper Sprayer $41.69 7A 31 King Laborers Spreader (concrete) $42.46 7A 31 King Laborers Stake Hopper $41.69 7A 31 King Laborers Stock Piter $41.69 7A 31 King Laborers Tamper @ Similar Electric, Air $42.46 7A 31 & Gas Operated Tools King Laborers Tamper (multiple Et Self- $42.46 7A 31 propelled) ,King Laborers Timber Person - Sewer (lagger, $42.46 7A 31 Shorer Et Cribber) .King Laborers Toolroom Person (at Jobsite) $41.69 7A 31 King Laborers Topper $41.69=7A31 King Laborers Track Laborer $41.69King Laborers Track Liner (power) $42.46King Laborers Traffic Control Laborer $37.798R King Laborers Traffic Control Supervisor $37.798R 'King Laborers Truck Spotter $41.69 King Laborers Tugger Operator $42.46 7A 31 'King Laborers Tunnel Work-Compressed Air $60.06 7A 31 Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $65.09 7A 31 a https:Hfortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 6 of 17 Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $68.77 7A 31 8D Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $74.47 7A 31 Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $76.59 7A 31 Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $81.69 7A 31 8�C Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $83.59 7A 31 8D Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $85.59 7A 31 8D Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $87.59 7A 31 S Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $43.09 7A 31 S Tender King Laborers Tunnel Work-Miner $43.091 7A 31 8D King Laborers Vibrator $42.46 7A 31 King Laborers Vinyl Seamer $41.69 7A 31 King Laborers Watchman $32.12 7A 31 King Laborers Welder $42.46 7A 31 King Laborers Well Point Laborer $42.46 7A 31 King Laborers Window Washer/cleaner $32.12 7A 31 King Laborers - Underground Sewer General Laborer 8 Topman $41.69 7A 31 Et Water King Laborers - Underground Sewer Pipe Layer $42.46 7A 31 Et Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers King Landscape Construction Landscaping or Planting $17.87 1 Laborers King Lathers Journey Level $50.82 5D 1H King Marble Setters Journey Level $50.12 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (In Shop) Laborer $9.78 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.481 1 King Millwright Journey Level $51.92 5D 1M King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/2/2014 Page 7 of 17 King Modular Buildings Tool Maintenance $11.56 1 ,,King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $37.80 6Z 2B King Pile Driver Journey Level $51.07 5D 1M King Plasterers Journey Level $49.29 Z_Q 1R !King Playground Et Park Equipment Journey Level $9.32 1 Installers !King Plumbers It Pipefitters Journey Level $73.69 6Z 1G ;King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P King Power Equipment Operators Assistant Engineer $50.22 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P King Power Equipment Operators Batch Plant Operator, $53.00 7A 3C 8P Concrete 'King Power Equipment Operators Bobcat $50.221 7A 3C 8P King Power Equipment Operators Brokk - Remote Demolition $50.22 7A 3C 8P Equipment King Power Equipment Operators Brooms $50.22 7A 3C 8P King Power Equipment Operators Bump Cutter $53.00 7A 3C 8P King Power Equipment Operators Cableways $53.49 7A 3C 8P 'I King Power Equipment Operators Chipper $53.00 7A 3C 8P King Power Equipment Operators Compressor $50.22 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount $53.49 7A 3C 8P With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser $50.22 7A 3C 8P Screed (King Power Equipment Operators Concrete Pump - Mounted Or $52.58 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck Mount $53.00 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $52.58 7A 3C 8P !King Power Equipment Operators Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Tons With Attachments !King Power Equipment Operators Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 2P Or 250'Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through 99 $53.49 7A 3C 8P '• Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $50.22 7A 3C 8P Under https:Hfortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 8of17 King Power Equipment Operators Cranes: Friction 100 Tons $54.61 7A 3C 8P Through 199 Tons King Power Equipment Operators Cranes: Friction Over 200 Tons $55.17 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' $55.17 7A 3C 8P Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: Through 19 Tons With $52.58 7A 3C 8P Attachments A-frame Over 10 Tons King Power Equipment Operators Crusher $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $53.00 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $53.49 7A 3C 8P King Power Equipment Operators Dozers D-9 Et Under $52.58 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Or Crane Mount King Power Equipment Operators Drilling Machine $53.00 7A 3C 8P King Power Equipment Operators Elevator And Man-lift: $50.22 7A 3C 8P Permanent And Shaft Type ,King Power Equipment Operators Finishing Machine, Bidwell And $53.00 7A 3C 8P Gamaco @ Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $52.58 7A 3C 8P With Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue $53.00 7A 3C 8P Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $50.22 7A 3C 8P King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8P King Power Equipment Operators Hard Tail End Dump $53.49 7A 3C 8P Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump $53.00 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $52.58 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $53.00 7A 3C 8P Operator King Power Equipment Operators Hydralifts/boom Trucks Over $52.58 7A 3C 8P 10 Tons King Power Equipment Operators Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. 8 $54.04 7A 3C 8P Over King Power Equipment Operators Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $53.00 7A 3C 8P Yards https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/2/2014 Page 9 of 17 King Power Equipment Operators Loaders, Plant Feed $53.001 7A 3C I 8P King Power Equipment Operators Loaders: Elevating Type Belt $52.581 7A 3C 8P King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P '!King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $54.04 7A 3C 8P $0.50 Per Hour Over Mechanic) 'King Power Equipment Operators Motor Patrol Grader - Non- $52.58 7A 3C 8P finishing King Power Equipment Operators Motor Patrol Graders, Finishing $53.49 7A 3C BP # King Power Equipment Operators Mucking Machine, Mole, Tunnel $53.49 7A 3C 8P Drill, Boring, Road Header And/or Shield !King Power Equipment Operators Oil Distributors, Blower $50.22 7A 3C 8P f Distribution a Mulch Seeding Operator 'King Power Equipment Operators Outside Hoists (elevators And $52.58 7A 3C 8P Manlifts), Air Tuggers,strato King Power Equipment Operators Overhead, Bridge Type Crane: $53.00 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $54.04 7A 3C 8P Tons And Over King Power Equipment Operators Overhead, Bridge Type: 45 $53.49 7A 3C 8P Tons Through 99 Tons !King Power Equipment Operators Pavement Breaker $50.22 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $53.00 7A 3C 8P Mount) ;King Power Equipment Operators Plant Oiler- Asphalt, Crusher $52.58 7A 3C 8P ''King Power Equipment Operators Posthole Digger, Mechanical $50.22 7A 3C 8P ,King Power Equipment Operators Power Plant $50.22 7A 3C 8P G King Power Equipment Operators Pumps - Water $50.22 7A 3C 2P !King Power Equipment Operators Quad 9, Hd 41, DI And Over $53.49 7A 3C 8P .King Power Equipment Operators Quick Tower - No Cab, Under $50.22 7A 3C 8P 1 100 Feet In Height Based To Boom ':King Power Equipment Operators Remote Control Operator On $53.49 7A 3C 8P Rubber Tired Earth Moving Equipment "King Power Equipment Operators Rigger And Bellman $50.22 7A 3C 8P King Power Equipment Operators Rollagon $53.49 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $50.22 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Materials King Power Equipment Operators Roto-mill, Roto-grinder $53.00 7A 3C 8P King Power Equipment Operators Saws - Concrete $52.58 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under $53.00 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete ft Carry All $52.58 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 $53.49 7A 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/2/2014 Page 10 of 17 Yards And Over i King Power Equipment Operators Service Engineers - Equipment $52.58 7A 3C 8P King Power Equipment Operators Shotcrete/gunite Equipment $50.22 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $52.58 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $53.49 7A 3C 8P King Power Equipment Operators Spreader, Topsider Et $53.49 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $53.00 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $52.58 7A 3C 8P ?King Power Equipment Operators Tower Crane Over 175in $54.61 7A 3C 8P Height, Base To Boom King Power Equipment Operators Tower Crane Up To 175' In $54.04 7A 3C 8P Height Base To Boom ,King Power Equipment Operators Transporters, All Track Or $53.49 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $52.58 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $53.00 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Oiler/driver Under $52.58 7A 3C 8P 100 Tons King Power Equipment Operators Truck Mount Portable Conveyor $53.00 7A 3C 8P King Power Equipment Operators Welder $53.49 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmatl Type $50.22 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $53.00 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $53.00 7A 3C 8P Underground Sewer Et Water <King Power Equipment Operators- Batch Plant Operator, $53.00 7A 3C 8P Underground Sewer Et Water Concrete King Power Equipment Operators- Bobcat $50.22 7A 3C 8P Underground Sewer Et Water ':King Power Equipment Operators- Brokk - Remote Demolition $50.22 7A 3C 8P Underground Sewer Et Water Equipment IKing Power Equipment Operators- Brooms $50.22 7A 3C 8P Underground Sewer Et Water https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/2/2014 Page 11 of 17 King Power Equipment Operators- Bump Cutter $53.00 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Cableways $53.49 7A 3C 8P Underground Sewer Ft Water 'King Power Equipment Operators- Chipper $53,00 7A 3C 8P j, Underground Sewer a Water King Power Equipment Operators- Compressor $50.22 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Concrete Pump: Truck Mount $53.49 7A 3C 8P Underground Sewer Ft Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $50.22 7A 3C 8P Underground Sewer Et Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $52.58 7A 3C 8P Underground Sewer Et Water Trailer High Pressure Line j Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $53.00 7A 3C 8P Underground Sewer Et Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $52.58 7A 3C 8P ' Underground Sewer Er Water King Power Equipment Operators- Cranes: 20 Tons Through 44 $53.00 7A 3C 8P Underground Sewer Ft Water Tons With Attachments King Power Equipment Operators- Cranes: 100 Tons Through 199 $54.04 7A 3C 8P Underground Sewer Ft Water Tons, Or 150'Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, $54.61 7A 3C 8P Underground Sewer Ft Water Or 250' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: 45 Tons Through 99 $53.49 7A 3C 8P Underground Sewer 8 Water Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame - 10 Tons And $50.22 7A 3C 8P Underground Sewer @ Water Under King Power Equipment Operators- Cranes: Friction 100 Tons $54.61 7A 3C 8P Underground Sewer Ft Water Through 199 Tons King Power Equipment Operators- Cranes: Friction Over 200 Tons $55.17 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: Over 300 Tons Or 300 $55.17 7A 3C 8P Undereround Sewer 8 Water Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $52.58 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $53.00 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Deck Engineer/deck Winches $53.00 7A 3C 8P Underground Sewer 8 Water (power) King Power Equipment Operators- Derricks, On Building Work $53.49 7A 3C 8P oku .as x 6 2 2014 https://fortress.wa.gov/Ini/wagelookup/prvWagelo p p / / Page 12 of 17 Underground Sewer Et Water King Power Equipment Operators- Dozers D-9 Et Under $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $52.58 7A 3C 8P Underground Sewer Et Water Or Crane Mount King Power Equipment Operators- Drilling Machine $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man-lift: $50.22 7A 3C 8P Underground Sewer Et Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $53.00 7A 3C 8P Underground Sewer Et Water Gamaco Et Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $52.58 7A 3C 8P I Underground Sewer Et Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $50.22 7A 3C 8P l Underground Sewer Et Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue $53.00 7A 3C 8P Underground Sewer Et Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch $53.00 7A 3C 8P Underground Sewer It Water King Power Equipment Operators- Hard Tail End Dump $53.49 7A 3C 8P Underground Sewer Et Water Articulating Off- Road Equipment 45 Yards. B Over King Power Equipment Operators- Hard Tail End Dump $53.00 7A 3C 8P Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $52.58 7A 3C 8P Underground Sewer Et Water Locator King Power Equipment Operators- Horizontal/directional Drill $53.00 7A 3C 8P j Underground Sewer Et Water Operator King Power Equipment Operators- Hydralifts/boom Trucks Over $52.58 7A 3C 8P Underground Sewer Et Water 10 Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 $50.22 7A 3C 8P Underground Sewer Et Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. & $54.04 7A 3C 8P Underground Sewer Et Water Over King Power Equipment Operators- Loader, Overhead, 6 Yards. But $53.49 7A 3C 8P Underground Sewer Et Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $53.00 7A 3C 8P Underground Sewer 8 Water Yards King Power Equipment Operators- Loaders, Plant Feed $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Loaders: Elevating Type Belt $52.58 7A 3C 2P Underground Sewer a Water King Power Equipment Operators- Locomotives, All $53.00 7A 3C 8P f Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen - $54.04 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 13 of 17 Underground Sewer Ft Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader - Non- $52.58 7A 3C 8P Underground Sewer Et Water finishing King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Mucking Machine, Mote, Tunnel $53.49 7A 3C 8P Underground Sewer 8 Water Drill, Boring, Road Header And/or Shield ;King Power Equipment Operators- Oil Distributors, Blower $50.22 7A 3C 8P S9 Underground Sewer Et Water Distribution @ Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (elevators And $52.58 7A 3C 8P Underground Sewer Ft Water Mantifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $53.00 7A 3C 8P Underground Sewer Ft Water 20 Tons Through 44 Tons i King Power Equipment Operators- Overhead, Bridge Type: 100 $54.04 7A 3C 8P Underground Sewer & Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $53.49 7A 3C 8P ' Underground Sewer Ft Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $50.22 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Pile Driver (other Than Crane $53.00 7A 3C 8P Underground Sewer @ Water Mount) King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P Underground Sewer ft Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $50.22 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P "> Underground Sewer Et Water 'King Power Equipment Operators- Quick Tower- No Cab, Under $50.22 7A 3C 8P '€ Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Eauipment Operators- Remote Control Operator On $53.49 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And Bettman $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $52.58 7A 3C 8P Underground Sewer Ft Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $53.00 7A 3C 8P Underground Sewer @ Water King Power Equipment Operators- Saws - Concrete $52.58 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 14 of 17 Underground Sewer & Water !King Power Equipment Operators- Scraper, Self Propelled Under $53.00 7A 3C 8P !, Underground Sewer & Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry All $52.58 7A 3C 8P Underground Sewer Et Water IKing Power Equipment Operators- Scrapers, Self-propelled: 45 $53.49 7A 3C 8P Underground Sewer &Water Yards And Over IKing Power Equipment Operators- Service Engineers - Equipment $52.58 7A 3C 8P ff Underground Sewer &Water IKing Power Equipment Operators- Shotcrete/gunite Equipment $50.22 7A 3C 8P Underground Sewer &Water 'King Power Equipment Operators- Shovel , Excavator, Backhoe, $52.58 7A 3C 8P !,I Underground Sewer &Water Tractors Under 15 Metric Tons. !King Power Equipment Operators- Shovel, Excavator, Backhoe: $53.49 7A 3C 8P Underground Sewer &Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $53.00 7A 3C 8P Underground Sewer & Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.04 7A 3C 8P Underground Sewer & Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $54.61 7A 3C 8P Underground Sewer & Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $53.49 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Spreader, Topsider & $53.49 7A 3C 8P Underground Sewer & Water Screedman King Power Equipment Operators- Subgrader Trimmer $53.00 7A 3C SP f Underground Sewer & Water King Power Equipment Operators- Tower Bucket Elevators $52.58 7A 3C 8P ! Underground Sewer & Water King Power Equipment Operators- Tower Crane Over 175'in $54.61 7A 3C 8P V Underground Sewer & Water Height, Base To Boom p King Power Equipment Operators- Tower Crane Up To 175' In $54.04 7A 3C 8P !,I Underground Sewer & Water Height Base To Boom King Power Equipment Operators- Transporters, All Track Or $53.49 7A 3C 8P Underground Sewer Et Water Truck Type King Power Equipment Operators- Trenching Machines $52.58 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 $53.00 7A 3C 8P I' Underground Sewer & Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver Under $52.58 7A 3C 8P Underground Sewer & Water 100 Tons King Power Equipment Operators- Truck Mount Portable Conveyor $53.00 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Welder $53.49 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Wheel Tractors, Farmatl Type $50.22 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Yo Yo Pay Dozer $53.00 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 15 of 17 i Underground Sewer Et Water (King Power Line Clearance Tree Journey Level In Charge $44.86 5A 4A Trimmers King Power Line Clearance Tree Spray Person $42.58 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $44.86 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $40.08 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $30.20 5A 4A Trimmers King Refrigeration Et Air Journey Level $72.46 6Z 1G Conditioning Mechanics King Residential Brick Mason Journey Level $50.12 5A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $39.62 5D 1M 'King Residential Drywall Tapers Journey Level $50.87 5P 1E ,King Residential Electricians Journey Level $30.44 1 'King Residential Glaziers Journey Level $36.20 7L 1H King Residential Insulation Journey Level $26.28 1 Applicators King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 =King Residential Plumbers Et Journey Level $34.69 1 Pipefitters King Residential Refrigeration if Air Journey Level $72.46 6Z 1G Conditioning Mechanics King Residential Sheet Metal Journey Level (Field or Shop) $41.84 7F 1R Workers King Residential Soft Floor Lavers Journey Level $42.15 5A 3D King Residential Sprinkler Fitters Journey Level $42.48 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $50.12 5A iM King Residential Terrazzo Workers Journey Level $46.96 5A 1M King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers ,King Residential Tile Setters Journey Level $25.17 1 ;King Roofers Journey Level $44.71 5A 3H 'King Roofers Using Irritable Bituminous $47.71 5A 3H Materials King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1E 'King Shipbuildine 3 Ship Repai I Boilermaker $40.12 7M 1H King Shipbuilding Et Ship Repair Carpenter $38.241 70 36 King Shipbuilding Et Ship Repair Electrician $37.80 70 3B King Shipbuilding Et Ship Repair Heat Et Frost Insulator $58.93 5J is https:Hfortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 16 of 17 King Shipbuilding Et Ship Repair Laborer $36.78 70 3B King Shipbuilding Et Ship Repair Machinist $37.81 70 3B King Shipbuilding Et Ship Repair Operator $40.15 70 3B King Shipbuilding Et Ship Repair Painter $37.79 70 3B King Shipbuilding Et Ship Repair Pipefitter $37.77 70 3B King Shipbuilding Et Ship Repair Rigger $37.74 70 3B King Shipbuilding Et Ship Repair Sandblaster $36.78 70 3B King Shipbuilding Et Ship Repair Sheet Metal $37.74 70 36 King Shipbuilding Et Ship Repair Shipfitter $37.74 70 3B King Shipbuilding Et Ship Repair Trucker $37.59 70 3B King Shipbuilding Et Ship Repair Warehouse $37.64 70 3B King Shipbuilding Et Ship Repair Welder/Burner $37.74 70 3B King Sign Makers Et Installers Sign Installer $22.92 1 (ElectricaU King Sign Makers Et Installers Sign Maker $21.36 1 f Electrical) King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical) King Soft Floor Lavers Journey Level $42.15 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $69.59 5C 1X Protectionl King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $50.12 SA 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Surveyors Assistant Construction Site $52.58 7A 3C 8P Surveyor King Surveyors Chairman $52.06 7A 3C 8P ! King Surveyors Construction Site Surveyor $53.49 7A 3C 8P King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $36.01 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $20.05 5A 2B Outside ;King Telephone Line Construction - Installer (Repairer) $34.50 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $36.01 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer II $35.27 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator $36.01 5A 2B Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator $33.47 5A 2B https:Hfortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/2/2014 Page 17 of 17 Outside (Light) King Telephone Line Construction - Telephone Lineperson $33.47 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.04 5A 2B Outside King Telephone Line Construction - Television Lineperson/Installer $25.27 5A 2B Outside King Telephone Line Construction - Television System Technician $30.20 5A 2B Outside King Telephone Line Construction - Television Technician $27.09 5A 2B Outside King Telephone Line Construction - Tree Trimmer $33.47 5A 2B Outside King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble It Terrazzo Finisher $37.79 5A LB Finishers King Traffic Control Stripers Journey Level $42.33 7A 1 K ;King Truck Drivers Asphalt Mix Over 16 Yards (W. $48.87 5D 3A 8L WA-Joint Council 28) .King Truck Drivers Asphalt Mix To 16 Yards (W. $48.03 5D 3A 8L WA-Joint Council 28) King Truck Drivers Dump Truck ft Trailer $48.87 5D 3A 8L ,King Truck Drivers Dump Truck (W. WA-Joint $48.03 5D 3A 8L Council 28) King Truck Drivers Other Trucks (W. WA-Joint $48.87 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers B Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers Ft Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Ft Irrigation Pump Well Driller $18.00 1 Installers I ill https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/2/2014 Benefit Code Key—Effective 3-5-2014thru 8-30-2014 Overtime Codes Over4lme calculations are based on the hourly rate actually paid to the worker.On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL 110URS WORKED 1N EXCESS OF EIGHT (8)HOURS PER DAY OR FORTY(40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)hour workweek day or a four-ten(10)hour workweek day, and the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two(2)hours after eight(8) regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten(10)hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-ten hour schedule,shall be paid at one and one-half times the hourly rate of wage.All hours worked in excess of ten(10)hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. I. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one acid one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 I. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)hours on Saturday shall be paid at double the hourly rate of wages F. All hours worked on Saturdays(except makeup days if circumstances warrant)and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on 'I Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays(except Christmas day)shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays(except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve(12)hours Monday through Saturday, Sundays and holidays shalt be paid at double the hourly rate of wage.When holiday falls on Saturday or Sunday,the day before Saturday,Friday, and the day after Sunday, Monday,shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.)All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 .'.. Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 2 ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay.All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule,either Monday thru Thursday or Tuesday thru Friday schedule,all hours worked after ten shall be paid at double the hourly rate of wage.The first eight(8)hours worked on the fifth day shall be paid atone and one-half times the hourly rate of wage.All other hours worked on the fifth,sixth,and seventh days and on holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WF,FK SHALT, RF PAID ATONE AND ONF:HALF TIMES THE 1-IOUIZLY RATE OF WAGE. A. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10)hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work on Saturdays shall be paid at time and one-half the straight time rate.Hours worked over twelve hours(12)in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay.Any shill starting between the hours of 6:00 pm and midnight shall receive an additional one dollar($1.00)per hour for all hours worked that shift.The employer shall have the sole discretion to assign overtime work to employees.Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. B. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked over twelve(12)hours Monday through Saturday,and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 3 i Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 3. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10)hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall he paid at double the hourly rate of wage.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. D. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday,shall be paid at a premium rate of 15%over the hourly rate of wage.All other hours worked after 6:00 am on Saturdays,shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage.Each week,once 40 hours of straight time work is achieved,then any,hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. 1-1. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two(2)times the regular rate of pay.Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half(1-1/2)times the regular rate of pay. 1. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.In the event the job is down due to weather conditions during a five day work week(Monday through Friday,)or a four day-ten hour work week(Tuesday through Friday,)then Saturday may be worked as a voluntary make-up day at the straight time rate. However,Saturday shall not be utilized as a make-up day when a holiday falls on Friday.All hours worked Monday through Saturday over twelve(12)hours and all homy worked on Sundays and holidays shall be paid at double the hourly rate of wage. 4. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage. All howl worked on Saturdays,Sundays and holidays shall be paid at double the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,and Christmas Day(7). 13. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, '... the Friday after Thanksgiving Day,And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). 4 Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 5. H. Holidays:New Year's Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). 1. Holidays:New Year's Day, Memorial Day,Independence Day,Labor Day,Thanksgiving Day, and Christmas Day (6). J. Holidays:New Year's Day,Memorial Day,Independence Day, Thanksgiving Day,Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday Alter Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,I hanksgiving Day,Friday And Saturday After Thanksgiving Day,The Day Before Christmas, And Christmas Day (9). if A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid holidays:New Year's Day, Memorial Day,Independence Day,Labor Day, Thanksgiving Day, and Christmas Day(6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day.(7 1/2). S. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,And Christmas Day(7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day,And The Day Before Or Alter Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day,the Friday after Thanksgiving Day,And Christmas Day(8). Holiday Codes Continued 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, 'Thanksgiving Day.The Friday After Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,Day After Thanksgiving Day, Christmas Day,And A Half-Day On Christmas Eve Day.(9 1/2). G. Paid Holidays:New Year's Day,Martin Luther King Jr.Day,Presidents' Day,Memorial Day,Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,The Friday After Thanksgiving Day,Christmas Day,And Christmas Eve Day(11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday(10)_ 5 Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 6. I. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(7). T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The last Working Day Before Christmas Day, And Christmas Day(9). Z. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday alter Thanksgiving Day,And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued 7. A. Ilolidays: New Year's Day, Memorial Day, Independence Day, Labor Day, 'Thanksgiving Day, The Friday And Saturday After 'Thanksgiving Day, And Christmas Day (8), Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Fallowing Monday. if any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. '..... F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, 'Thanksgiving Day, the Friday after Thanksgiving Day,the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day,Memorial Day, Independence Day,Labor Day, Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day (9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 6 Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 7. I. Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, independence Day,Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day,Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays:New Year's Day,Memorial Day, Labor Day, independence Day, Thanksgiving Day,the Last Work Day before Christmas Day,And Christmas Day (7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day alter or before New Year's Day, President's Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,And the Day after or before Christmas Day 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. O. Paid holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day Alter Or Before Christmas Day, And The Employees Birthday. 11).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays:Now Year's Day,the day after or before New Year's Day,President's Day,Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,and the day after or before Christmas Day(10).if any of the listed holidays fall on Saturday,the preceding Friday shall be observed as the holiday.if any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid holidays:New Year's Day,Memorial Day,independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating holiday(9).If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. 7 Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 Note Codes 8. A. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: Over 50' To 100'-$2,00 per Foot for Each foot Over 50 Feet Over 100'To 150'-$3,00 per Foot for Each Foot Over 100 Feet Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'45.00 per Foot for Each Foot Over 220 Feet C. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or ,I more: Over 50'To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $0.75,Level B:$0,50,And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows:Levels A&R:$1.00,Levels C&D: $0.50, N. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00,Level B:$0.75,Level C:$0.50,And Level D:$0.25. P. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit:$2.00,Class B Suit: $1.50,Class C Suit: $1.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen(15)minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. T. Effective August 31,2012—A"Traffic Control Laborer performs the setup,maintenance and removal of all '. temporary traffic control devices and construction signs necessary to control vehicular,bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. 8 Bond No. 338980P �y KENT PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Starman Metal Fabrications, LLC as Principal, and Developers Surety and Indemnity Company a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ $9,187.05 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Green River Natural Resources Area Pedestrian Bridge (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals, The name and corporate seal (if required by PAYMENT AND PERFORMANCE BOND Page 1 of 2 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: Starman Metal Fabrications, LLC PRINCIPAL (enter principal's name above) R �v"` Ua TITLE: DATE: -L3 _ DATE: _ ✓ � A CORPORATE SEAL: PRINT NAME/ DATE: / � }f Developers Surety and Indemnity Company SURETY CORPORATE SEAL: BY: t J'� SoannzFfeifer DATE; 6/18A4 {.` '' TITLE: Attorney-in-Fact ADDRESS: PO Box 847 Redmond, WA 98073 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY vaomurmmet�mna:,nciausrero�easma,aoa PAYMENT AND PERFORMANCE BOND Page 2of2 i POWER OF ATTORNEY FOR j DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA FO Box 19725 IRVINE CA J2623 (9d9)263-3300 KNOW ALL BY THESE PRESENTS that recap(as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,Considers and appoint "*"Keith W. Brr:we,Joann Pfeifer, Michael Nichols, Rosernary Pfeifer,jointly or severally*" as their huo and lawful Atlureve(s)-In-Fact.to make,execuso deliver and acknowledges,for and on behalf of said corporations,as swetics,bonds,undertakings and contracts of sandy- ship giving and granting unto said Aaorney(s)in Factfull powerand authuuty to(lo and to perform every act necessary,requisite or proper to be Acne in connection therewith as each of said corporations could de,but reserving to each of said corporations full power ofsutvslihrhon and revocation,and all of fhe acts of said Attomoyp)in Fact,pursuant to thaw presents, am hereby harder)and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of One following resolutions adapted by the respective Hoards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY Of CAU FORNIA,offective as of January 1st,200b. RESOt,VEO.that a combination of any we of the Chairman of the 13oanf,file President Execcvve Vine-President.Sooner Vice-Presiderh or any Vice President of the corporations be,and Thal each of them hereby is,authorized to eeecufe ibis Fower of Attorney,qualifying the a@omoy(s)namod'm the Pewee ofAtfomey to execute,an behalf of the for pensions,bonds,undertakings and contracts of suretyship;and that the Secretary or Asserlanl Secretary of either of the corporations be.and each of them hereby is,.author zed to attest the execution diary such Power of Attorney, RESOLVED,FUN I-HER,that the signatures of such officers may be affixed to any sneh Power of Attorney or in any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be said and binding upon the corexanurru what)so alfixed and in the par a with respect to any bond,undertaking or contract of suretyship to which it is alienist_ IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY CF CAtIFORNIA have severally caused Chase presorts to be signed by their respective officer and attested by thou r/ospec�tivo Secondary or Assistant Born day this November 7-1 2013. By --^'G�.�u-r-�� fG _ 1W nest) r MS'ANV Daniel Young Senior Vice-Pros ident f �f-� App fi fit` to p O dfi "?, RnJ , " > w 0i 61• <2 `'. 6GT. 137�� - - '.Js z 0 y Mark J. Vice President _- a S 9 3 0 c` 0 aP d'rt) lOViP *o'a � �yL/F R State of California County of Orange On _ November 21.2013 before me __. _.. Antonio Alvarado Notary Public _ Date Hera Insert Name and Idle of the Officer personally appeared _ Carlo Young and Mark J.Lari N'amo(s)of Signors) who proved to me o r the basis of satisfactory evidence to he the persons)where narropp(dare srhscnbed to :he within instrument and acknowledged to me that helshotlhey executed the same In his)herAheirauthorized - :aipacity(ies).and that by hisiberltheir signature(s)on the instrument tire paisaris),or tho unity upon behalf of 10;�� 'ANT0%02VZAR�ZADOl Nnich the Persons)acted,executed the instrument. I caddy under PENALTY OP PERJURY tinder the laws of fhe Stale of Cafforn[a that the foregoing paragraph is P3pTARY Pl#f#.IC CPt3fpR}diol .armtrue and wneclMY tt>Fttne,expires Aug.6,2017 '�,", „ ,�„ '* WITNESS nil head and nffrciarseal_-.__-_.-_ ._.-.-..._ ....._...... .. ........... ....... . --- Place NotarySeat Above Si na ure 649 Antonio Alvarado,Notary Public CER1'1RCATP. The undersigned.as 600ndary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attomey remains in full(once and has net rush revoked and,hatherrnaa.Oral the provisions of the resolutions of the respective Hoards anOmectors of said corporations set forth in the Power olAttomey are in fares as of the date of this Oer(iffcri This Certificate is executed in the City of Who,California.this 18 day of June, 2014 y p Caesre J.(nonsfordLLLfff Assistant Secretary 10-138o(Rcv.11113)