HomeMy WebLinkAboutPW16-089 - Original - Battery Recycling - Contract - 3/11/16 Records Mao,at-y"e"'
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: All Battery Sales and Service
Vendor dumber:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: Recycling Event
Description: ❑ Intedocal Agreement ❑ Change Order ❑ Amendment 0 Contract
❑ Other:
Contract Effective Date: 3/11/16 Termination Date: 3/13/16
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Gina Hungerford Department: Engineering
Contract Amount: $1,QOa.00
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i,e. address, location, parcel number, tax id, etc..):
Provide battery recycling services for event
As of: 08/27/t4
•
KENT
Ww5 HINOT O..
GOODS & SERVICES AGREEMENT
between the City of Kent and
All Battery Sales and Service
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and All Battery Sales and Service organized under the laws of the State of
Washington, located and doing business at 727 134th St. SW, Everett, WA 98204, Phone: (425) 743-
7677/Fax: (425) 742-1739, Contact: Jack Bradbury (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall provide battery recycling services for a City of Kent Recycling Event. For a
description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated
by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by March 13, 2016.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Thousand
Dollars ($1,000.00), including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
The Vendor shall be paid an amount not to exceed $1,000.00 after battery recycling
services are provided and submittal of invoice.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, ind. WSST)
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor's
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor's services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor determines,
for any reason, that an amendment is necessary, Vendor must submit a written amendment request to
the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14)
calendar days of the date Vendor knew or should have known of the facts and events giving rise to the
requested change. If the City determines that the change increases or decreases the Vendor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall
proceed with the amended work upon receiving either a written amendment from the City or an oral order
from the City before actually receiving the written amendment. If the Vendor fails to require an
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the
adjustment as provided in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement
may be subject to public review and disclosure, even if those records are not produced to or possessed by
the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. 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.
K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
VENDOR: CITY OF KE
By: By:
:Zz&
(signatur ) (signature)
Print Name: -� 01kI�1 0ACV0 vvi Print Name: Kelly Peterson
Its: 2W—C�d tfe _ccocz.D IN To- Its: Special Projects/Transportation Manager
(title) - f
DATE: DATE: A/��
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Jack Bradbury Timothy J. LaPorte, P.E.
All Battery Sales and Service City of Kent
727 1341h St. SW 220 Fourth Avenue South
Everett, WA 98204 Kent, WA 98032
(425) 743-7677 (telephone) (253) 856-5500 (telephone)
(425) 742-1739 (facsimile) (253) 856-6500 (facsimile)
All Battery Sales&Sery-Recycling EvenVHungerford
GOODS & SERVICES AGREEMENT - 6
($20,000 or Less, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: . 9
For: 7?(— SA-L S SG i?Vi cf—
Title: CZ�C'HC COoR-P,I N-RTcg2___
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
Battery Recycling Scups of Work for a Municipal Recycling Event
All Battery Sales and Service will provide battery recycling for municipal recycling
events including the following:
0 1 trained staff member
0 1 transport van
0 All collection buckets, bins, pallets,containment kit, eyewash station,first aid and fire
extjnw uisher.
Recycle event charges are as follows:
• Staff/truck (LSE)=$180.00 for day
• Alkaline battery recycling=$0.50/lb
• Automotive cares are credited @$4.00 each (or$4.00 per 35.9 pounds average core
weight)
Scope of work includes setting up a collection station for batteries that includes a covered
canopy area,with eyewash station, Staff member is trained to greet the public
professionally and with courtesy, collect batteries and sort as tirne permits on site. Site to
be left as staff found it.
727 134"' Street SW Everett, Washington 98204 PI-1:425 743 7677 FA :425 742 1739
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 11 85, The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. 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.
A� CERTIFICATE OF LIABILITY INSURANCE DA031112016 '
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(les) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Parker,Smith&Feek,Inc. PHONE 425-709-3600 FAX 425-709-7460
2233112th Avenue NE Arc No
E-MAIL
Bellevue,WA 98004
INSURERS AFFORDING COVERAGE NAIC N
INSURERA: Ohio Security Insurance Company
INSURED All Battery Sales and Service INSURER B: American Fire and Casualty Co.
727 134th Street SW INSURER C:
Everett,WA 98204 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE ADDL L{BR POLICY NUMBER MMIDDYIYYri MMIDDY� LIMITS
A GENERAL LIABILITY BKS16566660051 11/1/2015 11/1/2016 EACH OCCURRENCE $ 1,000,000
DA AG-To RENTED
x COMMERCIAL GENERAL LIABILITY X PREMISES Ea occurrence $ 1.000,000
CLAIMS-MADE FK OCCUR MED EXP(Any one person) $ 15,000
PERSONAL&ADV INJURY $ 1.000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000
POLICY X PRO-jECTX LOC $
B AUTOMOBILE LIABILITY BAA1656660051 11/1/2015 11/1/2016 EaacBn,'deDISINGLELIMIT 1,000,000
x ANY AUTO X BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) S
AUTOS AUTOS
NON-OWNED PPReOPE'T DAMAGE $
HIREDAUTOS AUTOS
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
A WORKERS COMPENSATION XWS1656660051 �( VVC STATV- OTH- 1,000,000
AND EMPLOYERS'LIABILITY YIN 11/1/2015 11/1/2016 1,000,000
ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? N I A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,001},000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
The City of Kent is additional insured and primary non-contributory per endorsement attached.30 day notice of cancellation to be issued by the carrier.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Engineering Administration ACCORDANCE WITH THE POLICY PROVISIONS.
Public Works Department
220 Fourth Avenue South AUTHORIZED REPRESENTATIVE
Kent,WA 98032
m 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD
1 of 17 ALLBATTE(RAH00)
BAA1656660511
Liben COMMERCIAL AUTO
X",th,y"'St.
CA 71 10 03 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED
Paragraph 2.1b. of the CANCELLATION Common SECTION If — LIABILITY COVERAGE — A.11. WHO
Policy Condition is replaced by the following: IS AN INSURED provision is amended by the addition
b. 60 days before the effective date of cancellation, of the following:
if we cancel for any other reason. e. Any person or organization for whom you are re-
quired by an "insured contract" to provide insur-
TEMPORARY SUBSTITUTE AUTO — PHYSICAL ance is an "insured", subject to the following
DAMAGE COVERAGE additional provisions;
Under paragraph C. — CERTAIN TRAILERS, MO (1) The "insured contract" must be in effect
during the policy period shown in the Decla-
rations, and must have been executed prior
AUTOS of SECTION I — COVERED AUTOS, the to the "bodily injury" or "property damage".
following is added:
(2) This person or organization is an "insured"
If Physical Damage coverage is provided by this Cov- only to the extent you are liable due to your
erage Form, then you have coverage for: ongoing operations for that insured, whether
the work is performed by you or for you, and
Any "auto" you do not own while used with the per only to the extent you are hold liable for an,
mission of its owner as a temporary substitute for a "accident" occurring while a covered "auto""
covered "auto" you own that is out of service be- is being driven by you or one of your em-
cause of its breakdown, repair, servicing, "loss" or ployees.
destruction. (3) There is no coverage provided to this person
or organization for 'bodily injury" to its em-
BROAD FORM NAMED INSURED ployees, nor for "property damage" to its
SECTION 11 — LIABILITY COVERAGE — A.11. WHO property,
IS AN INSURED provision is amended by the addition (4) Coverage for this person or organization
of the following: shall be limited to the extent of your negli-
gence or fault according to the applicable
d. Any business entity newly acquired or formed by principles of comparative negligence or fault,
you during the policy period provided you own (6) The defense of any claim or "suit" must be
50% or more of the business entity and the tendered by this person or organization as
business entity is not separately Insured for soon as practicable to all other insurers
Business, Auto Coverage. Coverage is extended which potentially provide insurance for such
up to a maximum of 180 days following acquisi- claim or "suit".
tion or formation of the business entity.Coverage
under this provision is afforded only until the end
of the policy period.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, insurance Services Office, Inc., 1997
CA 71 10 03 07 Page I of 6 PP
Cin-00,PR1NT0(N-G439-004G-G
(6) The coverage provided will: not exceed the PERSONAL EFFECTS COVERAGE
lesser of:
A. SECTION III — PHYSICAL DAMAGE COVER-
(a) The coverage and/or limits of this policy; AGE, A.4. COVERAGE EXTENSIONS, is
or amended by adding the:following:
(b) The coverage and/or limits required by c. Personal Effects Coverage
the "insured contract".
For any Owned "auto" that is involved in a
(7) A person's or organization's status as an covered "loss", we will pay up to $500 for
insured" under this subparagraph d ends "personal effects" that are lost or damaged
when your operations for that "insured" are as a result of the covered "loss", without
completed, applying a deductible.
EMPLOYEE AS INSURED EXTRA EXPENSE — BROADENED COVERAGE
Under Paragraph A. of Section 11 — LIABILITY COV- Paragraph A. — COVERAGE of SECTION III —
ERAGE item f. is added as follows: PHYSICAL DAMAGE COVERAGE is amended to
add.,
Your "employee" while using his owned "auto%or an
"auto" owned by a member of his or her household, 6. We will pay for the expense of returning a stolen
in your business or your personal affairs,provided you covered "auto"to you.
do not own, hire or borrow that "auto".This coverage
is excess to any other collectible insurance coverage. AIRBAG COVERAGE
FELLOW EMPLOYEE COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III
— PHYSICAL DAMAGE COVERAGE,the following is
Exclusion 6. FELLOW EMPLOYEE of SECTION 11 — added:
LIABILITY COVERAGE — B. EXCLUSIONS is
amended by the addition of the following: The exclusion relating to mechanical breakdown does
not apply to the accidental discharge of an airbag.
However, this exclusion does not apply if the "bodily
injury" results from the use of a covered "auto" you NEW VEHICLE REPLACEMENT COAST
own or hire, and provided that any coverage under
this provision only applies in excess over any other Under Paragraph C — LIMIT OF INSURANCE of
collectible insurance. Section III — PHYSICAL DAMAGE COVERAGE sec-
tion 2 is amended as follows:
BLANKET WAIVER OF SUBROGATION
2. An adjustment for depreciation and physical con-
We waive the right of recovery we may have for pay- dition will be made in determining actual cash
ments made for "bodily injury" or "property damage" value in the event of a total loss. However, in the
on behalf of the persons or organizations added as event of a total loss to your "new vehicle" to
"insureds" under Section 11 — LIABILITY COVERAGE which this coverage applies, as shown In the
A.I.D. BROAD FORM NAMED INSURED and declarations, we will pay at your option:
A-1.e. BLANKET ADDITIONAL INSURED. a. The verifiable "new vehicle" purchase price
you paid for your damaged vehicle, not in-
PHYSICAL DAMAGE — ADDITIONAL TRANS- cluding any insurance or warranties pur-
PORTATION EXPENSE COVERAGE chased;
The first sentence of paragraph A.4. of SECTION III b. The purchase price, as negotiated by us, of
PHYSICAL DAMAGE COVERAGE is amended as a new vehicle of the same make,model and
follows: equipment, not including any furnishings,
parts or equipment not installed by the
manufacturer or manufacturer's dealership.
We Will pay up tog per day to a maximum of
$1,600 for temporary transportation expense incurred N the same model Is not available pay the
by you because of the total theft of a covered "auto" purchase price of the most similar model
of the private passenger type. available;
Page 2 of 6
C404SPRINT04439M414
c. The market value of your damaged vehicle, a. Actual cash value of the damaged or stolen
not including any furnishings, parts or equip- property as of the time of the "loss", less an
ment not installed by the manufacturer or adjustment for depreciation and physical
manufacturer's dealership. condition; or
This coverage applies only to a covered "auto" b. Balance due under the terms of the loan or
of the private passenger, light truck or medium lease that the damaged covered "auto" is
truck type (20,000 Ibs or less gross vehicle subject to at the time of the `loss", less any
weight) and does not apply to initiation or set up one or all of the following adjustments:
costs associated with loans or leases. (1) Overdue payment and financial
TWO OR MORE DEDUCTIBLES penalties associated with those
payments as of the date of the
Under SECTION III — PHYSICAL DAMAGE COV- "loss".
ERAGE,if two or more "company" policies or cover- (2) Financial penalties imposed under a
age forms apply to the same accident, the following lease due to high mileage, exces-
applies to paragraph D. Deductible: sive use or abnormal wear and tear.
a. If the applicable Business Auto deduct- (3) Costs for extended warranties, Cre-
ible is the smaller (or smallest) deduct- dit Life Insurance, Health, Accident
ibis it will be waived; or or Disability Insurance purchased
b. If the applicable Business Auto deduct- with the loan or lease.
ible is not the smaller (or smallest) de- (4) Transfer or rollover balances from
ductible it will be reduced by the amount previous loans or leases.
of the smaller (or smallest) deductible; (5) Final payment due under a "Balloon
or Loan".
c. If the loss involves two or more Busi- (0) The dollar amount of any
ness Auto coverage farms or policies un-repaired damage that occurred
the smaller (or smallest) deductible will prior to the "total loss" of a covered
be waived. "auto".
For the purpose of this endorsement (7) Security deposits not refunded by a
"company" means:
lessor.
a. Safeco Insurance Company of America (8) All refunds payable or paid to you
b. American States Insurance Company as a result of the early termination
c. General Insurance Company of America of a lease agreement or any war-
ranty or extended service agree-
d. American Economy Insurance Company meat on a covered "auto".
e. First National Insurance Company of (9) Any amount representing taxes.
America
• (10) Loan or lease termination fees
f. American States Insurance Company of
Texas CLASS REPAIR —WAIVER OF DEDUCTIBLE
g. American States Preferred Insurance Under paragraph D. — DEDUCTIBLE of SECTION ill
Company — PHYSICAL DAMAGE COVERAGE,the following is
h. Safeco Insurance Company of Illinois added:
LOAN/LEASE GAP COVERAGE No deductible applies to glass damage if the glass Is
repaired rather than replaced.
Under paragraph C — LIMIT OF INSURANCE of
SECTION III — PHYSICAL DAMAGE COVERAGE, AMENDED DUTIES IN THE EVENT OF ACCI-
the following is added: DENT, CLAIM, SUIT OR LOSS
4. The most we will pay for a total 'toss" in any one The requirement In LOSS CONDITION 2.a. —
"accident"Is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
to a$1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS
AUTO CONDITIONS that you must notify us of an
CA 71 10 03 07 Page 3 of B EP
GID4SFR 1ffMM bi3900428
"accident"applies only when the "accident" Is known deductible and excess provisions, we will provide
to: coverage equal to the broadest coverage applicable
(1) You, if you are an individual; to any covered "auto" you own.
(2) A partner, if you are a partnership; or HIRED AUTO PHYSICAL DAMAGE COVERAGE —
LOSS OF USE
(3) An executive officer or insurance manager, If you
are a corporation. SECTION III — PHYSICAL DAMAGE A.4.1b. Form
does not apply.
UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS Subject to a maximum of$1,000 per accident, we will
cover loss of use of a hired "auto" If it results from
SECTION IV — BUSINESS AUTO CONDITIONS — an accident, you are legally liable and the lessor in-
0.2. is amended by the addition of the following: curs an actual financial loss.
If you unintentionally fail to disclose any hazards ex- RENTAL REIMBURSEMENT COVERAGE
fisting at the inception date of your policy, we will not A. We will pay for rental reimbursement expenses
deny coverage under this Coverage Form because of incurred by you for the rental of an "auto" be-
such failure. However, this provision does not affect cause of a covered "toss" to a covered "auto".
right of cancellation our right ancellation or non-renewal.to collect additional premium or exercise our payment applies in addition to the otherwise ap-
plicable amount of each coverage you have on a
HIRED AUTO — LIMITED WORLD WIDE COVER- covered "auto". No deductibles apply to this
AGE coverage.
B. We will pay only for those expenses incurred
Under Section IV — Business Conditions, Paragraph during the policy period beginning 24 hours after
8.7.b.e(1)is replaced by the following: the "loss" and ending, regardless of the policy's
(1) The "accident" or "loss" results expiration, with the lesser of the following number
from the use of an "auto" hired for of days:
30 days or less. 1. The number of days reasonably required to
repair or replace the covered "auto". If
RESULTANT MENTAL ANGUISH COVERAGE "loss" is caused by theft, this number of
days Is added to the number of days it takes
SECTION V — DEFINITIONS — C.is replaced by the to locate the covered "auto" and return it to
following: you.
"Bodily Injury" means bodily injury, sickness or dis- 2. 30 days.
ease sustained by a person including mental anguish C. Our payment is limited to the lesser of the foi-
or death resulting from any of these. lowing amounts-
HIRED AUTO PHYSICAL DAMAGE COVERAGE 1. Necessary and actual expenses incurred.
9 hired "autos" are covered "autos" for Liability cov- 2 $60 per day.
erage and If Comprehensive, Specified Causes of D. This coverage does not apply while there are
Loss or Collision coverages are provided under this spare or reserve "autos"available to you for your
I� Coverage Form for any "auto" you own, then the
>= operations.
.,�. Physical Damage Coverages provided are extended
® to "autos" you hire or borrow. E. N "loss" results from the total theft of a covered
"auto" of the private passenger type,we will pay
The most we will pay for loss to any hired "auto" is under this coverage only that amount of your
$60,000 or Actual Cash Value or Cost of Repair, rental reimbursement expenses which is not of-
whichever is smallest, minus a deductible. The de- ready provided for under the PHYSICAL DAM-
® ductible will be equal to the largest deductible appli- AGE COVERAGE Coverage Extension.
cable to any owned "auto" of the private passenger
1� or light truck type for that coverage. Hired Auto Phy- F. The Rental Reimbursement Coverage described
sical Damage coverage is excess over any other co above does not apply to a covered 'auto"that Is
lectible insurance. Subject to the above limit, described or designated as a covered "auto" on
e •
Pegg 4 of e
GNSPRIRW4439-00"
Rental Reimbursement Coverage Form the manufacturer for the installation of a
CA 99 23. radio.
AUDIO, VISUAL AND DATA ELECTRONIC C. Limit of Insurance
EQUIPMENT COVERAIE With respect to this coverage, the LIMIT OF IN-
A. Coverage SURANCE provision of PHYSICAL DAMAGE
COVERAGE is replaced by the following:
1. We will pay with respect to a covered "auto" 1. The most we will pay for "loss" to audio, vi-
for "loss" to any electronic equipment that sual or data electronic equipment and any
receives or transmits audo, visual or data accessories used with this equipment as a
signals and that Is not designed solely for the result of any one "accident" is the lesser of:
reproduction of sound. This coverage applies
only If the equipment Is permanently Installed a. The actual cash value of the damaged
in the covered "auto" at the time of the or stolen property as of the time of the
"loss" or the equipment Is removable from a "loss";or
housing unit which Is permanently installed
in the covered "auto" at the time of the b• The cost of repairing or replacing the
"loss", and such equipment is designed to damaged o stolen property with other
f
be solely operated by use of the power from property of like kind and quality.
the 'auto's" electrical system,in or upon the c. $1.000.
covered "auto". 2. An adjustment for depredation and physical
2 We will pay with respect to a covered "auto" condition will be made in determining actual
for "loss" to any accessories used with the cash value at the time of the "loss".
electronic equipment described In paragraph 3. If a repair or replacement results in better
A.1. above. than like kind or quality, we will not pay for
However, this does not include tapes, the amount of the betterment.
records or discs. D. Deductible
3. If Audio, Visual and Data Electronic Equip-
ment Coverage form CA 99 60 or CA 99 94 1. If "loss' to the audio, visual or data elec-
Is attached to this policy, then the Audio, Vi- tronic equipment or accessories used with
sual and Data Electronic Equipment Cover- this equipment Is the result of a "loss"to the
age described above does not apply. covered °auto' under the Business Auto
Coverage Form's Comprehensive or Colli-
B. Exclusions sion Coverage,then for each covered "auto"
The exclusions that apply to PHYSICAL DAM- our obligation to pay for, repair, return or re-
AGE COVERAGE,except for the exclusion relat- place damaged or stolen property will be re-
Ing to Audio, Visual and Data Electronic duced by the applicable deductible shown In
ion, the Declarations. Any Comprehensive Cov-
th erage deductible shown in the Declarations Equipment, also apply to this coverage. In addi-
tlon the following exclusions apply: does not apply to "loss" to audio, visual or
We will not pay for either any electronic equip- data electronic equipment caused by fire or
ment or accessories used with such electronic lightning.
equipment that is: 2 If "loss° to the audio, visual or data elec-
1. Necessary for the normal operation of the tronic equipment or accessories used with
covered "auto" for the monitoring of the this equipment Is the result of a °loss"to the
covered "auto's" operating system;or covered "auto" under the Business Auto
2. Both: Coverage Form's Specified Causes of Loss
Coverage, then for each covered "auto" our
a, an Integral part of the same unit housing obligation to pay for,repair, return or replace
any sound reproducing equipment de- damaged or stolen property will be reduced
signed solely for the reproduction of by a$100 deductible.
sound if the sound reproducing g, N "toss" occurs solely to the audlo, visual or
equipment is permanently installed in data electronic equipment or accessories
the covered "auto";and used with this equipment, then for each cov-
b. permanently installed in the opening of ered "auto" our obligation to pay for, repair,
the dash or console normally used by
CA 71 10 03 07 Page 5 of 6 EP
u04WRIMci443500"41
return or replace damaged or stolen property SECTION V -- DEFINITIONS Is amended by adding
will be reduced by a$100 deductible. the following:
4. In the event that there is more than one ap- O. "Personal effects" means your tangible
plicable deductible, only the highest deduct- property that is worn or carried by you, ex-
Ible will apply. In no event will more than one cept for tools,jewelry, money, or securities.
deductible apply. R. "New vehicle" means any "auto° of which
you are the original owner and the "auto"
has not been previously titled and is less
than 365 days past the purchase date.
I�
Q
i�
e
i=
c
Page a of 6
CIC-03Pi1INiG01 aa9�ooS5{i
BKS516566660051
COMMERCIAL GENERAL LIABILITY '
CG 88 70 12 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT
(PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences"
under Section I—Coverage A-Bodily Injury And Property Damage Liability, and for all medical
expenses caused by accidents under Section I—Coverage C Medical Payments,which can be
attributed only to ongoing operations at a single construction project away from premises owned by or
rented to you:
1. A separate Construction Project General Aggregate Limit applies to each construction project,
and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all
damages under Coverage A, except damages because of"bodily injury"or"property damage"
included in the"products-completed operations hazard", and for medical expenses under
Coverage C regardless of the number of:
a. Insureds;
b. Claims made or"suits" brought; or
C. Persons or organizations making claims or bringing"suits".
3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall
reduce the Construction Project General Aggregate Limit for that construction project. Such payments
shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other
Construction Project General Aggregate Limit for any other construction project.
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue
to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,
such limits will be subject to the applicable Construction Project General Aggregate Limit.
B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences"
under Section I—Coverage A-Bodily Injury And Property Damage Liability, and for all medical
expenses caused by accidents under Section I—Coverage C Medical Payments,which cannot be
attributed only to ongoing operations at a single construction project away from premises owned by or
rented to you:
1. Any payments made under Coverage A for damages or under Coverage C for medical expenses
shall reduce the amount available under the General Aggregate Limit or the Products-Completed
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Construction Project General Aggregate Limit.
C. When coverage for liability arising out of the"products-completed operations hazard" is provided, any
payments for damages because of"bodily injury"or"property damage" included in the"products-
completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not
reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit.
D. If the applicable construction project has been abandoned, delayed,or abandoned and then restarted, or
if the authorized contracting parties deviate from plans, blueprints, designs,specifications or timetables,
the project will still be deemed to be the same construction project.
E. The provisions of Section III -Limits Of Insurance not otherwise modified by this endorsement shall
continue to apply.
CG 88 70 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1
8 of 17 ALLBATTE(RAH00)
1 BKS1656660051
COMMERCIAL GENERAL LIABILITY
CO 8010 0415
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies Insurance provided under the following: :
COMMERCIAL GENERAL LIABILITY COVERAGE PART
IN
sus ECY PAGE
NON-OWNED AII(CRAhT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY-ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU{Tenant's Property Damage) 2
MEDICAL PAYMENTS EXTENSION $
EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B $
ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT g
PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION 6
ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6
WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN"
INSURED-FELLOW EMPLOYEE EXTENSION-MANAGEMENT EMPLOYEES 6
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES = 7
FAIWRE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES ;
KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 0
WAIVER OFTRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
0 2013 Ub"Mutual lnsUranee
CO 8818 0418 Includes aWrlghted material of Insurance Services 0(dce,Inc.,With Its permisah n. Pape 1 0E 8
With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by
the endorsement.
A. NON-OWNEDAIRCRAF1'
Under Paragraph 2. Exclusions of Section 1-Coverage A-Bodily injury And Property Damage Liability,
exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided:
1. It Is not owned by any insured;
2. It is hired,chartered or loaned with a trained paid crew,
3. The pilot in command holds a currently effective certificate,issued by the duly constituted authority of
the United States of America or Canada,designating her or him a commercial or airline pilot;and
4. It is not being used to carry persons or property for a charge.
However,the Insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible insurance,whether primary,excess(other than Insurance written to apply specifically
In excess of this policy),contingent or on any other basis,that would also apply to the loss covered under
this provision.
B. NON-OWNED WATERCRAFT
Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability,
Subparagraph(2)of exclusion g.Aircraft,Auto Or Watercraft Is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that Is:
(a) Less than 52 feet long;and
(b) Not being used to carry persons or property fora charge.
C. PROPERTY DAMAGE LIABILITY-ELEVATORS
I. Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liabil-
ity,Subparagraphs(3). (4)and(6)of exclusion j.Damage To Property do not apply if such "property
damage"results from the use of elevators. For the purpose of this provision,elevators do not Include
vehicle lifts.Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section IV- Commercial General Liability Conditions. Condition 4.Other
Insurance,Paragraph b.Excess Insurance:
The Insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary,excess,contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage)
If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
ing:
Paragraphs(1),(3)and(4)of this exclusion do not apply to"property damage"(other than damage
by fire,lightning,explosion,smoke,or leakage from an automatic fire protection system)to:
(i) Premises rented to you for a period of 7 or fewer consecutive days;or
(0) Contents that you rent or lease as part of a promises rental or lease agreement for a period of
more than 7 days.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of
premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of Insurance applies to this coverage as described in Section 111 - Limits of
Insurance.
® 2013 Liberty Mutual Insurance
CO 8810 04 13 h>oludes copyrighted material of Insurance Services Office.Inc.,with fts permission. Page 2 of 8
b. The last paragraph of subsection 2.Exclusions is replaced by the following.
Exclusions c.. through n. do not apply to damage by fire, lightning, explosion,smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily ctccupled by
you with permission of the owner.A separate limit of insurance applies to Damage To Premises
Rented To You as described In Section III-Limits Of Insurance.
2. Paragraph 6.under Section Ili-Limits Of Insurance Is.replaced by the following:
6. Subject to Paragraph 6.above,the Damage To Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of"property damage"to:
a. Anyone premise:
(1) "While rented to you;or
(2) While rented to you or temporarily occupied by you with permission of-the owner for
damage by fire, lightning, explosion, smoke or leakage from automatic`protection sys-
tems;or
b. Contents that you rent or lean as part of a premises rental oc lease agreement.
3. As regards coverage provided by this provision D. ENDED DAMAGE TO PROPERTY RENTED TO
YOU(Tenant's Property Damage)-Paragraph 8.a.of Definitions Is replaced with the following:
G.ee.A contract for a lease of premises, However, that poi rtion of the contract for a lease of promises '
that indemnlfles any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you-or temporarily
occupied by you with the permission of the owner,or for damage to contents of such premises
that are included In your premises rental or lease agreement,is not an"Insured contract,"
E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments'is not otherwise excluded,the Medical Payments provided by this policy
are amended as follows:
" Under Paragraph 1.Insuring Agreament of Section I-Coverages C.Medical Payments,:Subparagraph.
(b)of Paragraph a.Is replaced by thefollowing:
(b) The expenses are incurred and reported within three years of the date of the accident,and
F. EXTENSION OF SUPPLEMENTARY PAYMENTS.COVERAGES A AND B
1. Under Supplementary Payrnenft-Coverages A and R,Paragraph`1.b.is replaced by the following:
b. lip to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have
to furnish these bond's.
2. Paragraph 1.d.Is replaced by the following: .
d. All reasonable expenses incurred by the Insured at our request to assist us In the investigation or
defense of the claim or "sult", Including actual loss 'of earnings up to$500 a'day because of time
off from work.
0. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT
I. Paragraph 2. under Saction'll-Who Is An Insured Is amended to Include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization Is an additional insured but only kwaith'respect to
liability for"bodily injury", "property damage" or "'personal and advertising lnjury"caused,in whole
or In part by:
a. Your acts or omissions,or the acts or omissions of those acting on your betralf,In the performance
of your on going operations for the additional Insured that are the subject of the written contract or
written agreement provided that the "bodily Injury" or "property damage"-occurs, or.the."per-
sonal and advertising injury" is committed,subsequent to the slgning of such written contract or
written agreement;or ..
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b. Premises or facilities rented by you or used byyou;or
c. The maintenance,operation or use by you of equipment rented or leased to you by such person or
organization;or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily Injury", "property damage", or "personal and ad-
vertising Injury"arising out of the operations performed for the state or political subdivision;
(2) This Insurance does not apply to "bodily Injury" or "property damage" Included within the
"completed operations hazard".
(3) insurance applies to premises you own,rent,or control but only with respect to the fallowing
hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs,awnings,canopies,cellar entrances,coal holes,driveways, manholes, marquees,
hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-
sures;or
(b) The construction,erection,or removal of elevators;or
(c) The ownership,maintenance,or use of any elevators covered by this Insurance.
However:
1. The Insurance afforded to such additional insured only applies to the extent permitted by law;and
2. if coverage provided to the additional Insured is required by 6 contract or agreement,the Insur-
ance afforded to such additional insured will not be broader than that which you are required by
the contract or agreement to provide for such additional Insured.
With respect to Paragraph I.e. above, a person's or organization's status as an additional insured
under this endorsement ends when:
(1) All work,including materials,parts or equipment furnished in connection with such work,on
the project(other than service,maintenance or repairs)to be performed by or on behalf of the
additional insureds)at the location of the covered operations has been completed;or
(2) That portion of "your work" out of which the injury or damage arises has been put to its
Intended use by any person or organization other then another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
With respect to Paragraph I.b. above, a person's or organization's status as an additional insured
under this endorsement ends when their written contract or written agreement with you for such
premises or facilities ends.
With respects to Paragraph Lc.above,this Insurance does not apply to any"occurrence"which takes
place after the equipment rental or lease agreement has expired or you have returned such equipment
to the lessor.
The insurance provided by this endorsement applies only If the written contract or written agreement
Is signed prior to the"bodily injury"or"property damage".
We have no duty to defend an additional insured under this endorsement until we receive written
notice of a "suit" by the additional Insured as required In Paragraph b.of Condition 2. Duties In the
Event Of Occurrence,Offense,Clain Or Suit under Section IV-Commercial General Liability Condi-
tions.
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1
2. with respect to-the Insurance provided by this endorsement,the following are added to paragraph 2.
Exclusions under Section 1-Coverage A-Bodily Injury And Property Damage Liability:
This Insurance does not apply to:
a. "Bodily injury"or"property damage"arising from the sole negligence of the additional Insured.
b. "Bodily 'injury" or "property damage" that occurs prior to you commencing operations at the
location where such"bodily Injury"or"property damage"occurs.
c. "Bodily Injury", "property damage"or"personal and advertising injury"arising out of the render-
Ing of,or the failure tosender, any professional architectural,engineering or surveying services,
Including:
(1) The preparing, approving, or failing to prepare or approve, maps,shop drawings,opknlons,
reports,surveys,field orders,change orders or drawings and"specifications,or
(2) Supervisory,inspection,architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In
the supervision, hiring, employment, training or monitoring-of others by that insured, If the "occur-
rence" which caused the "bodily injury" or "property damage", or the offense which caused the
"'personal and advertising injury", Involved the rendering of,or the failure to render,any professional
architectural,engineering or surveying services.
d. "Bodily-Injury"or"property damage"occurring after:
(1) All work, including materials,parts or equipment furnished In connection with"such work,on
the project(other than service, maintenance or repairs)to be performed by or on behalf of the
additional Insured(s)at the location of the covered operations has been completed, or
(2) That portion of "your work" out of which the Injury or damage arises has been put to its
Intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as apart of the same project.
e. Any person oar organization specifically designated as an additional Insured for ongoing operations
by a separate ADDITIONAL INSURED-OWNERS,'LESSEES OR CONTRACTORS endorsement Is-
sued by us and made a part of this policy,
S. With respect to the insurance afforded to these additional Insureds,the followings Is added to Seolon III
-Limits Of Insurance:
If coverage provided to the additional Insured Is required by a contract or agreement,the most we will
pay on behalf of the additional Insured Is the amount of Insurance:
a. Ilequlred by the contract or agreement, or
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations,
H. PRIMARY AND NON-CONTR18UTORY ADDITIONAL INSURED EXTENSION
This provision appilips to any person or organization who qualifies as an additional Insured'under any form
or endorsement under this policy.
Condition 4.Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS Is amend-
ed as follows:
a. The following Is added to Paragraph a.Primary Insurance.
It an additional insured"s policy has an Other Insurance provision making Its policy-excess, and you
have agreed In a written contract or written agreement to provide the additional`Insured coverage on a
primary and noncontributory basis,this policy.shall be primary and we will not seek contribution from
the additional insured"s policy for damages we cover.. '
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b. The following is added to Paragraph b.Excess Insurance: -
When a written contract or written agreement,other then a premises lease,facilities rental contractor
agreement,an equipment rental or lease contract or agreement,or permit issued by a state or political
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-contributory,this Insurance Is excess over any other insurance for which the addi-
tional insured Is designated as a Named Insured.
Regardless of the written agreement between you and an additional insured,this insurance is excess
over any other insurance whether primary, excess, contingent or on any other basis for which the
additional insured has been added as an additional Insured on other policies.
1. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE"
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
1. The following is added to Condition 2.Duties in The Event Of Occurrence,Offense,Claim or Suit:
An additional Insured under this endorsement will as soon as practicable:
a. Give written notice of an`occurrence"or an offense that may result In a claim or"suit"under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional insured;and
c. Agree to make available any other insurance which the additional insured has for a loss we
cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional Insured under this endorsement until
we receive written notice of a"suit"by the additional insured.
2. The limits of insurance applicable to the additional Insured are those specified In a written contract
or written agreement or the limits of insurance as stated in the Declarations of this policy and
defined in Section III - Limits of Insurance of this policy,whichever are less. These limits are
Inclusive of and not In addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS!MALPRACTICE
WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION-MANAGEMENT EMPLOYEES
Paragraph 2.a.(1)of Section It-Who Is An Insured is replaced with the following:
(1) "Bodily injury"or"personal and advertising injury":
(a) To you,to your partners or members(if you area partnership or joint venture),to your members(If
you are a limited liability company),to a co-"employee"while In the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunteer
workers"while performing duties related to the conduct of your business;
(b) To the spouse,child, parent,brother or sister of that co-"employee" or "volunteer worker" as a
consequence of Paragraph(1)(a)above;
(c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described In Paragraphs(1)(a)or(b)above,or
(d) Arising out of his or her providing or falling to provide professional health care services.However,
if you are not in the business of providing professional health care services or providing profes-
sional health care personnel to others, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate endorsement,this provision(Paragraph (d))does not
apply.
Paragraphs(a)and(b)above do not apply to"bodily Injury"or"personal and advertising injury"caused by
an"employee"who is acting in a supervisory capacity for you.Supervisory capacity as used herein means
the "employee's" job responsibilities assigned by you, includes the direct supervision of other"employ-
ees" of yours. However, none of these "employees" ere insureds for "bodily Injury" or "personal and
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advertising injury"arising*out of their willful conduct,which is defined as the purposeful or willful Intent to
cause"bodily injury"or"personal and advertising injury",br caused In whole or iri part by their intoxica-
tion by liquor or controlled substances.
The coverage provided by provision J.is excess over any other valid and collectable Insurance available to
your"employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3.of Section II-Who Is An Insured is replaced by the following,
3. Any organization you newly acquire or form and over which•you maintain ownership or majority .
interest, will qualify as a Named Insured If there is no other similar insurance available to that
organization.However:
a. Coverage under this provision is afforded only'until the exprration of the policy period in
which the entity was acquired or formed by you;
b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you
acquired or formed the organization;and '
e. Coverage B does not apply to "personal and advertising Injury" arising out.bf an offense'. .
committed before you acquired or formed the organization.
d. Records and doscrlptions of operations must be maintained by the first Named-Insured.
No person or organization is an insured with respect to the conduct of any current or past partnershlp,joint .
venture or limited liability company that is not shown as a Named Insured in the[Declarations or qualifies
as an insured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV-Commercial General Uabllity Conditions,the following Is added to Condition ta fr.Repre-
sentions: .
Your failure to disclose all hazards or prior"occurrences"existing as of the inception date'of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior"occurrences"is not intentional.
M. KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT
Under Section IV-Commercial General Liability Conditions,the following Is added to Condition 2.Duties
In The Event of Occurrence,Offense,Claim Or Suit:
Knowledge of an "occurrence",offense, claim or "suit" by an agent,servant or "employee" of-any
Insured shall not in itself constitute knowledge of the Insured unless an Insured listed-under Peragkoph
I.of Section 11-Who Is An Insured or a person who has been designated by them to receive reports of
"occurrences",offenses,claims or"suits" shall have received such notice from the agent,servant or
"employee".
N. U130UUZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage wlthout
additional premium charge,your policy will automatically provide the coverage as of the day the revision Is
effective in your state.
0. BODILY INJURY REDEFINED
Under Section V-Definitions,Definition 3.Is replaced by the following:
8. "Bodily Injury" means physical Injury, sickness or disease sustained by a person..This includes
mental anguish, mantel Injury,shock,fright or death that results from such physical injury,slok-
ness or disease.
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P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY' INJURY AND PROPERTY DAMAGE LIABILITY Is replaced by the,
following:
a. Expected Or Intended Injury
"Bodily Injury" or "property damage"' expected or Intended from the standpoint of the Insured,
This exclusion does not apply to, "bodily Injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
0. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section IV-Commercial General Viability Conditions,the following Is added to Condition 8.Trans-
fer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we
I
make for injury or damage arising out of your ongoing operations or "Your work" done under a
contract with that person or organization and Included In the"products-completed operations hazard"
provided:
1. You and that person or organization have agreed In writing In 2 contract or agreement that you
waive such rights against that person or organization;and
2. The injury or damage occurs subsequent to the execution of the written contract or written agree-
ment.
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• ""REPRINTEDFROM THE FORMS LIBRARY... BKS 16 5 6 6 6 6 0 0 51
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION CG 02 24 10 93
PROVIDED BY US COMMERCIAL GENERAL LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGEPART
POLLUfiON LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Number of Days'Notice 30
(if no entry appears above, information required to complete this Schedule will be shown In the Declaratio ns as applicable
to this endorsement.)
For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of
cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an
applicable state cancellation endorsement, is increased to the number of days shown In the Schedule above.
Copyright,Insurance Services Office,Inc., 1992