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HomeMy WebLinkAboutPW16-141 - Original - TMG Services, Inc. - 2016 Annual Chlorine Equipment Maintenance - 04/11/2016 Records ern K E N Document � � WASHINOTO N 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: TMG Services, Inc. Vendor Dumber: JD Edwards Number Contract Dumber: IU-)' ' This is assigned by City Clerk's Office Project Dame: 2016 Annual Chlorine Equipment Maintenance Description: ❑ Interlocal Agreement O Change Order ❑ Amendment x Contract El Other: Contract Effective bate: 4,/11/16 Termination bate: 7/29/1.6 Contract Renewal Notice (bays): Number of days required notice for termination or renewal or amendment Contract Manager: Kevin SwNnford Department: PWV Qps - Source & Supply Contract Amount: $7,909.60 Approval Authority: Y Department Director0 Mayor F-1 City Council Detail: (i.e. address, location, parcel number, tax id, etc.):. Th .. _......... _._.. _ Chlorination system service maintenance at the five city of Kent well sites. _ As of: 08/27/14 • --ENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and TMG Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the State of Washington, located and doing business at 3216 East Portland Avenue, Tacoma WA, 98404, Phone: (253) 779-4160/Fax: (253) 779-4165, Contact: Mary Gazdik (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: Vendor shall provide all parts, materials, and labor to perform the 2016 annual chlorination system service maintenance at the following City of Kent well sites: 1. Armstrong Springs - 17975 SE 275th PI. 2. Clark Springs - 24875 Kent Kangley Road 3. East Hill - 24525 104th Ave. SE 4. Kent Springs - 28600 216th Ave. SE S. Seven Oaks - 11834 Kent Kangley Rd. 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 July 29, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seven Thousand, Nine Hundred Nine Dollars ($7,909.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Under$10,000.00, including WSST) Vendor shall be paid after completion of inspections of well sites. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, including WSST) by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 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 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) GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, including WSST) 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. 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. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, including WSST) 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. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) I. City Business License Required. Prior to commencing the tasks described in Section 1, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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. VENDOR: CITY OF KENT: By:— By: L 'z (Signat e) ro (signature) Print Nan try 6 Z C�j 4 /), e: Print Name: David A. Brock, P.E. Its: C Its: teri-m, Operations Manager (title) DATE: 04-1 11, DATE: 1-171,1 y NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: "VENDOR: CITY OF KENT: Mary Gazdik Timothy J. Laporte, P.E. TMG Services, Inc. City of Kent 3216 East Portland Avenue 220 Fourth Avenue South Tacoma, WA 98404 Kent, WA 98032 (253) 779-4160 (telephone) (253) 856-5500 (telephone) (253) 779-4165 (facsimile) (253) 856-6500 (facsimile) [In this reed,you may enter the aiactncnoc filepath where the contract has been ravpd] GOODS & SERVICES AGREEMENT - 7 (Under$10,000,00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: ��►^ 1'(C �S � - Title• ` e.s cue.� Date: L//l ro 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 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 1185. 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 1185 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. 3216 E Portland Avenue Quality Products-Excellent Service Tacoma, WA 98404 253-779-4160 TQMVIM EXH I BT A fmglnc@fmgservices.net , March 2"d,2016 QUOTATION Kevin Swinford Kent,City of 220 Fourth Avenue S. Kent,WA 98032 Dear Kevin, TMG Services, Inc is pleased to offer you a QUOTATION for 2016 Annual Preventative Maintenance on your W&T Gas Equipment at the(5)Sites listed below.If you have any questions don't hesitate to give us a call. ARMSTRONG SPRINGS SITE 2-W&T E10K Vacuum Regulators 1-W&T 5"Automatic Rate Control Unit 1-W&T 3/4"Injector Scope of Work:To Cleannnspect/Regasket the above Items,replace tubing&test equipment to ensure proper operation. CLARK SPRINGS SITE 2-W&T 210S Vacuum Regulators 1-W&T V1 CK Chlorinator 1-W&T 5"Rate Control Unit 1-W&T 3/4"Injector Scope of Work:To Clean/lnspect/Regasket the above Items,replace tubing&test equipment to ensure proper operation. KENT SPRINGS SITE 2-W&T 210S Vacuum Regulators 2-W&T VI OK Chlorinators 2-W&T 3/4"Injector Scope of Work:To Cleanlinspect/Regasket the above Items,replace tubing&test equipment to ensure proper operation. EAST HILL SITE 2-W&T 210S Vacuum Regulators 1-W&T V10K Chlorinator 1-W&T 5"Rate Control Unit 1-W&T 314"Injector Scope of Work:To CleanAnspect/Regasket the above items,replace tubing&test equipment to ensure proper operation. F SEVEN OAKS SITE 2-W&T 210S Vacuum Regulators 1-W&T 3"Rate Control Unit 1-W&T 3/4"Injector Scope of Work:To CleanAnspect/Regasket the above items,replace tubing&test equipment to ensure proper operation. TOTAL PRICE:$7,190(Includes Freight&Estimated Taxes) ACC® CERTIFICATE OF LIABILITY INSURANCE &`TE(m iDwr(m �� 4/5/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT Linda Doherty HENTSCHELL 6 ASSOC INC PHONE (253)272-1151 Ne:(253)2T2-1225 1436 S. IInion Ave. D ,Linda Doherty@hentschell.com INS s AFFORDINGCOVERAGE NAIC0 Tacoma A 98405=1925 WSURERa Western National Assurance Co. INSURED INSURER B: TMG Services, Inc. INSURERC: 3216 E. Portland Ave. INSURER D: wsuRER E Tacoma WA 98404-4929 INSURERF: COVERAGES CERTIFICATE NUMBER:CL35112012909 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH -7POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ ILA'...—._—` TYPE OFIN$URANCE—v--- IAA ;-POLICYEFFI POL[CYEXP I-- LIMITS imctn ` POLICY UMBER i MMO p X COMMERCIAL GENERAL LIMLITY EACH OCCURRENCE $ 1,DOD,000 A 'I CLAIMS-ME L&j OCCUR PREMISES Ea oxurraneel S --100,000 I X Y CPP1124634 01 2016 12 2 2015 12 2 / / / / MED EXP(Any one person) I$ 15,0()0 ---- PERSONAL&ADVINJURV $ 1,000,000 GEWL AGGREGATE LIMIT APPLIES PER r: I GENERAL AGGREGATE $ 2,000,000 ! POLICY E eCTPRO- LOC I I —--_—__ { PRODUCTS $ 2,000,000 I i _ _ OTHER Employes Benefit $ 1,000,000 I AUTOMOBILE LIABILITYLE BIN IT COMED 6IN �s J � �� - a i,000,000_ A ANY AUTO BODILY INJURY(Per Person)�s ALL AUTOOISMJED AUTOS NON-OWNED UUTH�SCHEDULEDx I Y !CPP112211700 12/2/2015 12/2/2016 BODILY INJURY(Per acctdenl)'$ III HIRED AUTOS AUTOS ! PROPERTY DAMAGE- - $ f Per aeefdeN I Uninsured momristaunbined $ 1,000,000 s X 1 UMBRELLALUiB OCCUR I EACH S _2 000 000 EXCESS LIAB I I --� A r—}_ CLAIMS AaAOE I f AGGREGATE $ 2,000,000 I lDED RETENTI $ X I Y LrbMI02042001 12/2/2015 12/2/2016 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN' STATUTE L I ER'H _ ZANY PROPRIMMPARTNERIEXECUTIVE E.LEAOHACCIDENT $ 1,000 000 A .OFFICERIMEMBER EXCLUDED? i N I A! S> Gap —_ _ 0 ! / E.L DISEASE-EA EMPLOYE $ 1, IMandatoryInNH) I CPP1124634 01 12/2/2015 12 2/2016 . If dasertbe under I f __ 000'00 iDnSRIPTION OF OPERATIONS below I EL DISEASE-POLICY LlUrr r S 1,000.000 l I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addrdonal Remarks Schedule,may be attached H more space Is mclulred) Re: 2016 Chlorination System Service Maintenance at Armstrong Springs, Clark Springs, East Hill, Kent Springs and Seven Oaks. City of Kent is Blanket primary additional insured and waiver of subrogation as recpa±red by written contract or agreement per WNGL49 07-15, WNGL 39 07-15 and WNCA27 11-12. CERTIFICATE HOLDER CANCELLATION jedavia@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Grove Kent, WA 98032 AUTHORIZED REPRESENTATIVE Tom Duren/LLD 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD INS025(omm) Additional Named Insureds Othw Narwd Insureds Thama$ 5 Mary Gazdik Indivtdimll. Addit.ond— Planed .nsured OFAPRINF(0212007) COPYRIGHT 2007.AMS.SERVICES INC ADDITIONAL COVERAGES Ref# DescriptionCoverage Code Form No. Edition Data Meddicalicalpayments MEOPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date Underinsured motorist combined single limit UNCSL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 11000,000 Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. 7Edition date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 TDeductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limlt 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001,AMS Services,inc. COMMERCIAL GENERAL LIABILITY CPP1124634 01 WN GL 49 0715 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EE ADDITIONAL INSURED - OWNERS9 LESSEES OR CONTRACTORS a- AUTOMATIC STATUS WHEN REQUIRED iN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section It—Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured any person or or- ditional Insureds,the following additional exclusion ganization for whom you are performing opera- applies: tions when you and such person or organization have agreed In writing In a contract or agreement This insurance does not apply to: that such person or organization be added as an 1. "Bodily injury", "property damage"or"personal additional insured on your policy. Such person or and advertising injury" arising out of the ten- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liabifty for "bodiy injury", "property dart- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, services,including: in whole or in part, by: a. The preparing,approving. or failing to pre- 1. Your acts or omissions;or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions. reports. surveys. field orders, behalf,, change orders or drawings and specifica- � N in the performance of your ongoing operations for tions;or the additional insured. b. Supervisory. inspection. architectural or A A person's or organization's status as an additional engineering activities. insured under this endorsement ends when your This exclusion applies even if the claims operations far that additional insured are com- against an additional insured allege negligence pleted. or other wrongdoing in the supervision, hiring, employment, training or monitoring of others However: by that insured, if the "occurrence" which I. The insurance afforded to such additional in- caused the "bodily injury" or "property dam- sured only applies to the extent permitted by age, or the offense which caused the"person- law. and al and advertising injury", involved the render- ing of or failure to render any professional 2. If coverage provided to the additional insured services by you with respect to your providing is required by a contract or agreement, the in- engineering, architectural or surveying serv- surance afforded to such additional insured ices in your capacity as an engineer, architect will not be broader than that which you are re- or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 16 includes copyrighted material of Insurance Services Off lee,Inc.,with its permission. Page 1 of 2 2. "Bodily injury" or "property damage" occurring The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, pacts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project(other than serv- ice, maintenance or repairs) to be per- This insurance is any contribution rims to and will not seek from arty other insurance formed by or on behalf of the additional in-sured(s) at the location of the covered op- available to an additional insured under your erations has been completed;or policy provided that: Is. That portion of 'your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing oper- primary and would not seek contribution atians for a principal as a part of the same from any other insurance available to the project additional insured. C. With respect to the Insurance afforded to these ad- ditional insureds, the following is added to Section III—Urnits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement the most we will pay on behalf of the additional insured Is: 1. The minimum amount required by the contract or agreement;or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN OL 49 07 15 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 2 of 2 WN CA 271112 CPP112211700 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements, The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY Or COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: a Newly Acquired Organizations for up to 180 Days 2 s Employees as insureds 2 a Subsidiaries In Which You Own 50% or More 2 Broadened Definition of Bodily Injury to Include Mental Anguish 5 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2.5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3 Knowledge of Accident,Claim, Suit or Loss 4 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 3 Supplementary Payments-Amended: a Ball Bonds up to$5,000 2 a loss of Earnings up to $500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 i WN CA 27 11 12 Iaoltrdes carted material of Ias Mce savkes otllco,with its permiesian Pap 1 of 5 WN CA 27 11 i2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS ,AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement The SECTIONS of the Business Auto Coverage Form identfied in this endorsement will be amended as shown below. SECTION 11 — LIABILITY COVERAGE L Any"employee" of yours is an "insured"while AMENDMENTS using a covered "auto"you don't own, hire or A. Who Is An Insured—amended borrow in your business or your personal affairs. SECTION II — LIABILITY COVERAGE, Item A. g. Any"employee"of yours is an"insured"while Coverage, 1. Who Is An Insured Is amended to operating a covered "auto" hired or rented add: under a contract or agreement in the d. Any legafly incorporated subsidiary of yours in "employee's" name, with your permission, which you own more than 50% of the voting while performing duties related to the conduct stock on the effective date of this coverage of your business. form. B. Blanket Additional Insured However, "insured" does not include any Sego;, 1C — LIABIL FY COVERAGE Item A. subsidiary of yours that is an "insured" under Coverage, 1. Who Is An Insured, paragraph c. any other automobile liability policy, or would is amended to add the following: be an "insured" under such policy but for termination of such policy or the exhaustion Any person or organization who is required under on such policy's limits of insurance. a written contract or agreement between you and that person or organization, that is signed and e. Any organization which is new acquired or executed by you before the °bodily injury" or formed by you and over which you maintain "property damage" occurs and that is in effect majority ownership. However, coverage during the policy period, to be named as an under this provision: additional insured is an "insured" for Liability (1) is afforded only for the first 180 days after Coverage, but only for damages to which this you acquire or form the organization or insurance applies and only to the extent that until the end of the policy period, persons or organization qualifies as an insured" whichever comes fast; under the Who Is An Insured provision contained in Section IL (2) does not apply to bodily injury" or "property damage" that results from an C. Liability Coverage Extensions -- "accident" that occurred before you Supplementary Payments formed or acquired the organization: SECTION II — LIABILITY COVERAGE, Item A. (3) does not apply to any newly acquired or Coverage, 2. Coverage Extensions, a. formed organization that is a joint venture supplementary Payments is amended by or partnership; and replacing subparagraphs (2) and (4) with the (4) does not apply to an `Insured" under any following: other automobile liability policy, or would (2) Up to $5,000 for cost of ball bonds (including be an insured" under such a policy but bonds for related traffic law violations)required for termination of such policy or the because of an "accident" we cover. We do exhaustion of such policy's limb of not have to f uWsh these bonds. insurance. (4) All reasonable expenses incurred by the WN CA 271112 Includes copytighud material of Insurance Services Office,with its permission Page 2 of 5 WN CA 271112 "insured"at our request including actual loss Causes of Loss, or Collision coverages are °f earnings up to$500 a day because of time provided under this coverage form for any off from work "auto" you own, then the Physical Damage ' Coverages provided are extended to "autos" D. Fellow Employee Coverage you hire of like kind and use, subject to the SECT10M 11 — LIABJLr1Y COVERAGE, B. following: Exclusions,S. Fellow Employee does not apply. a. The most we will pay for any one "loss"Is SECTION I!1 - PHYSICAL DAMAGE COVERAGE $50,00D or the actual cash value or cost to repair or replace, whichever is less, AMENDMENTS minus a deductible; A. Transportatlon Expense—Limits Amended b. The deductible will be equal to the largest SECTION III — PHYSICAL DAMAGE deductible applicable to any owned "auto" COVERAGE, A. Coverage, 4. Coverage for that coverage. Any Comprehensive Extensions, a. Transportation deductible does not apply to loss caused � Expenses �amended by replacing $20 per day/$6o0 by fire or tjghtening; maximum limit with$50 per dayl$1000 maximum. c. Hired Auto Physical Damage coverage is excess over any other collectible B. Hired Auto Physical Damage — Loss Of Use insurance;and Expenses—Limits Amended d. Subject to the above lkniL deductible and SECTION Ili -- PHYSICAL DAMAGE excess provisions we will provide COVERAGE, Item A. Coverage, 4. Coverage coverage equal to the broadest coverage Extensions, b. Loss of Use Expenses is applicable to any covered'auto"you own. amended by replacing the $20 per da /$600 maximum Oink with $50 per dayl$750 m xbnum If a >imit for Hired Auto Physical Damage is limit indicated in the Declarations, then that limit replaces. and is not added to, the $50,0013 limit C. personal Effects Covisage indicated above. SECTION Ill — PHYSICAL DAMAGE F. Rental Retmbursemerd COVERAGE, Item A., Coverage. 4k Coverage F_ SECTION III — PHYSICAL DAMAGE xctensbns is amended by adding the following: COVERAGE Ian A. Coverage, is amended by c. Personal Effects adding the following: We will pay up to $500 for "foss"to personal 6. This coverage applies only to a covered"auto" N effects,which are: of the private passenger or light truck type as " (1) Owned by an"insured";and follows: q (2) In or on your covered"auto." a. We will pay for rental reimbursement expenses incurred by you for the rental of This coverage applies only in the event of the total a prime passenger or right truck type theft of your covered"auto."No deductible applies "auto" because of "loss" to a covered to this coverage private passenger cr light truck type "auto". Payment applies in addition to the D. Glass Repair—Deductible Waiver otherwise applicable amount of each g coverage you have on a covered private SECTION III — PHYSICAL DAMAGE passenger or light truck type "auto." No COVERAGE, Item A. Coverage, 3. Glass deductibles apply to this coverage. Breakage, is amended by adding the following: b. MNe will pay only for those expenses No deductible will apply to glass breakage if such incurred during the policy period glass is repaired, in a manner acceptable to us, beginning 24 hours after the "loss" and rather than replaced. ending, regardless of the poficy's expiration. with the lesser of the following E. Hired Auto Physical Damage number of days: SECTION III — PHYSICAL DAMAGE 1. The number of days reasonably COVERAGE, Item A. Coverage is amended by required to repair or replace the adding the fallowing: covered private passenger or light truck type "auto"_ If'loss" is caused S. If hired"autos"are covered"autos"for Liability by theft,this number of days is added Coverage and if Comprehensive, Specified to the number of days it takes to WN CA 27 1112 Includes w"clAtcd material of rastus=Services Office,with its p=MJW= Page 3 of 5 WN CA 271112 locate the covered private passenger In the event of a covered total "loss" to a or light truck type "auto" and return it covered "auto" described or designated in the to you:or Schedule or in the Declarations, we will pay 2. 30 days. any unpaid amount due on the lease or loan for a covered"auto"less: c. Our payment is limited to the lesser of the following amounts: a. The amount paid under the Physical Damage Coverage Section on the policy; 1. Necessary and actual expenses and Incurred, or 2. $50 per day, up to a maximum of b. Any: $1,000. (1) Overdue leaselloan payments at the d. This coverage does not apply while there time of the"lass"; are spare or reserve private passenger or (2) Financial penalties imposed under a light truck type'autos"available to you for lease for excessive use, abnormal your operations, wear and tear or high mileage: e. If "loss" results from the total theft of a (3) Security deposits not returned by the covered"auto"of the private passenger or lessor; light truck type, we will pay under this coverage only that amount of your rental (4) Costs for extended warranties, Credit reimbursement expenses which is not Life Insurance, Health, Accident or already provided flor under SECTION III— Disability insurance purchased with PHYSICAL DAMAGE COVERAGE, A. the loan or lease; and Coverage,4.Coverage Extension. (5) Carry-over balances from previous For the purposes of this Rental Reimbursement loans or leases. coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as SECTION IV — BUSINESS AUTO CONDITION defined by the manufacturer as the maximum AMENDMENTS loaded weight the auto is designed to carry. G. Accidental Alrba Deployment Covers a A. Duties In The Event Of Accident,Claim, Snit Or 99 Loss Amended SECTION III — PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS, COVERAGE Item A. Coverage is amended by A. Loss Conditions, 2. Duties In The Event Of adding the following: Accident,Claim,Suit Or Loss,a. is amended by 7. We will pay to reset or replace factory adding the following: installed airbags) in any covered "auto" for 'Ibis condition applies only when the "accident'or accidental discharge, other than discharge "loss"is known to: due to a collision loss. This coverage Is applicable only if (1) You, if you are an individua4 comprehensive coverage applies to the (2) A partner, Nyou are a partnership; covered"auto". This coverage is excess over any other (3) An executive officer or insurance manager, If collectible insurance or reimbursement by you are a corporation; or manufacturer's warranty. (4) A member or manager. if you are a limited H. Auto Loan/Lease Gap Coverage liability company. But, this section does not amend the provisions SECTION III PHYSICAL DAMAGE COVERAGE, relating to notification of police, protection or Item A„ Coverage, is amended by adding the examination of the property which was subject to following: the"loss". 0. This coverage applies only to a covered"auto' described or designated in the Schedule or in the Declarations as including physical damage coverage. WN CA 27 11 12 Incbsdes copyrighted mats"of lcswwce&Mces Office,with hs permission Page 4 d 5 WN CA 2711 12 B. Blanket Waiver of Subrogation D. Employee Hired Auto Section IV — BUSINESS AUTO CONDITIONS, SECTION IV— BUSINESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer of Rights of S.General Conditions,S.Other Insurance, b. is Recovery Against Others to Us, is amended by deleted and replace by the following: adding the following exception: b. For Hired Auto Physical Damage Coverage, However, we waive any right of recovery we may the following are deemed to be a covered have against any person or organization to the "autos"you own: extent required of you by a written contract signed and executed prior to any "accident" or "loss", (1) Any covered "auto" you lease, hire, rent provided that the "accident°or"loss" arises out of or borrow. operations contemplated by such contract The (2) Any covered "auto' hired or rented by waiver applies only to the person or organization your "employee" under a contract in that designated in such contract. individual "employee's" name, with your C. Unintentional Failure to Disclose Hazards permission, while performing duties related to the conduct of your business. SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, However, any "auto" that is leased, hired, rented Misrepresentation Or Fraud, is amended to add or borrowed with a driver is not a covered"auto". the following paragraph: If you unintentionally fail to disclose any hazards SECTION V—DEFINITIONS AMENDMENTS existing at the inception date of the policy, or A. "So ft Injury" Redefined To include Mental during the policy period in connection with any Anguish additional hazards, we will not deny coverage under this Coverage Part because of such failure. SECTION V— DEFINITIONS, C. "Bodily Injury" is deleted and replaced by the following: C. "Bodily injury"means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from such bodily injury. x m N O O Q O Q F li WN CA 27 1112 Indules aapyrlghW met dal of 1wm=ce Servieas Qfrxe,,with its patmtssion Page S of$ E WN GL 39 0715 CPP1124634 01 l COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary,refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet...................................................................................2 Property Damage Liability • Elevators.............. ....... ............................................... .. .........................................................3 • Fire, Lightning, Explosion Or Sprinkler leakage Exception....................................................3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence...........................................................................I.........3 Supplernentary Payments—Amended e Bail Bonds Up To $5,000...................................................................:...................................4 * Loss of Earnings Up To$500/Day .......................................................................................A Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee............................................................................4 • Newly Formed Or Acquired Organizations For Up To 1$0 Days.............................................4 a Blanket Additional Insured—Vendors—As Required By Contract..........................................4 • Blanket Additional insures—Lessor Of Leased Equipment....................................................6 • Blanket Additional Insured—Managers Or Lessors Of Premises... .. .....................................6 • Blanket Additional Insured--State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Pofi&al Subdivision—Permits Or Authorizations Relating To Premises..........................8 Damage To Premises Rented To You — $300,000............................................................................9 S 0 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations............................9 Conditions a Knowledge of Occurrence, Offense,Claim Or Suit Amended.................................................9 o Unintentional Failure To Disclose Hazards.............................................................................9 o Waiver of Subrogation.........................................................................................................10 0 InsuredContract Amended..............................................................................................................10 Personal And Advertising Injury Redefined o Televised,Videotaped Or Electronic Publication..................................................................10 WN QL 39 07 15 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 1 of 10 WNGL390715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement The SECTIONS of the Commercial General liability Coverage Form Identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any insured contract for the ownership,maintenance or COVERAGE A BODILY INJURY AND PROPERTY use of aircraft or watercraft;or DAMAGE LIABILITY (5) `Bodily injury or "property damage'arising A. Non Owned Aircraft Or Watercraft out of: Item 2. Exclusions, Paragraph g. Is replaced by (a) The operation of machinery or the following: equipment that is attached to, or part g. Aircraft,Auto Or Watercraft of. a land vehicle that would qualify under the definition of "mobile "Bodily injury or "property damage" arising out equipment" if it were not subject to a of the ownership, maintenance, use or compulsory or financial responsibility entrustment to others of any aircraft, "auto" or law or other motor vehicle Insurance watercraft owned or operated by or rented or law where it is licensed or principally loaned to any insured. Use includes operation garaged; or and"loading or unloading'. (b) The operation of any of the machinery This exclusion applies even if the claims or equipment listed in Paragraph f. (2) against any insured allege negligence or other or f. (3) of the definition of "mobile wrongdoing in the supervision, hiring, equipmenf.. employment.training or monitoring of others by that insured, if the "occurrence" which caused B. Damage To Properly Coverage Extensions the "bodily injury" or "property damage" Item 2.Exclusions, Paragraph J. is replaced by the involved In the ownership,maintenance, use or following: entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or J. Damage To Property rented or leaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property you own. rent, or occupy, (1) A watercraft while ashore on premises you including any costs or expenses incurred own or rent; by you, or any other person, organization (2) A watercraft you da not awn that is: or entity, for repair, replacement, enhancement, restoration or maintenance (a) Less than 50 feet long; and of such property for arty reason, including prevention of injury to a person or damage (b) Not being used to carry persons or to another's property; properly for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any the "property damage" arises out of any person,who with your expressed or implied part of those premises; consent, either uses or is responsible for the use of the watercraft; (3) Property loaned to you; (3) Parldng an "auto" on, or on the ways next (4) Personal property in the care, custody or to. premises you own or rent, provided the control of the insured; "auto" is not owned by or rented or loaned to you or the insured; WN lit.39 07 16 includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 10 (5) That particular part of real property on Paragraph (6) of this exclusion does not apply to which you or any contractors or -properly damage" included in the subcontractors working directly or indirectly "products-completed operations hazard". on your behalf are performing operations, if ' the "property damage" arises out of those The insurance provided for"property damage"from operations; or the use of elevators and for "property damage"to (6) That particular part of any property that borrowed equipment Is excess over any other valid must be restored, repaired or replaced and collectible properly insurance (including any because 'your work" was incorrectly deductible portion thereon available to the insured performed on k. whether primary, excess, contingent or on any other basis. Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" (other than damage by C. Damage To Premises Rented To You fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, Item 2. Exclusions, the last paragraph is replaced rented to you far a period of seven or fewer by the following: consecutive days. A separate limit of Insurance applies to Damage To Premises Rented To You as Exclusions c.through n. do not apply to damage by described in SECTION III — LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE. However, the provisions of this premises while rented to you or temporarlly paragraph do not apply if coverage for Damage To occupied by you with permission of the owner. A Premises Rented To You is excluded by separate limit of insurance applies to this coverage endorsement, as described In Paragraph 6. of SECTION III — LIMIT'S OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are'your work"and were never occupied, COVERAGE 9 — PERSONAL AND ADVERTISING rented or held for rental byyou. INJURY LIABILITY Paragraphs (3) and (4) of this exclusion do not 0. Personal And Advertising lr jt:.ry apply to the use of elevators. Item 2. Exclusions is amended by replacing Paragraphs(3). (4), (5) and (6) of this exclusion do Sub-paragraphs b. and c.with the following: not apply to llabiltly assumed under a sidetrack Material b. ll�at ®I published With Knowledge Of agreement. Falsityeri d8 Paragraph (4) of this exclusion does not apply to "Personal and advertising injury' arising out of M "property damage" to borrowed equipment while oral, written, televised,videotaped or electronic not being used to perform operations at the jobsite. publication, in any manner, of material, if done Subject to Paragraph 2. of SECTION III — LIMITS by or at the direction of the insured with $ OF INSURANCE, the rules below fit the most we knowledge of its falsity. Will pay for"properly damage"under this provision: c. Material Published Prior To Policy Period (1) $25,000 any one "occurrence", regardless of "personal and advertising injuryi' arising out of the number of persons or organizations who oral, written,televised,videotaped or electronic sustain damages because of that"occurrence"; publication, in any manner, of material whose (2) $SO,000 annual aggregate; and first publication took place before the beginning of the policy period. (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit'. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN ©L 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional insured — Vendors — As E. Su lement3 P Coverages A and g Required By ContractPP ry Payments— Item 1. is amended by replacing Subparagraphs b. 1• Section 11—Who Is An Insured is amended to and d.with the fallowing: include as an additional insured any person(s) or organization(s) (referred to throughout this b. Up to $5.000 for cost of bail bonds required endorsement as vendor) with whom you have because of accidents or traffic law violations agreed in a written contract, executed prior to arising out of the use of any vehicle to which loss,to name as an additional insured,but only the Bodily Injury Liability Coverage applies. We with respect to "bodily injury" or "property do not have to furnish these bonds. damage arising out of your products" which are distributed or sold in the regular course of d. All reasonable expenses incurred by the the vendor's business. insured at our request to assist us in the However, investigation or defense of the claim or "suit', a. The insurance afforded to such vendor only including actual loss of earnings up to $500 a applies to the extent permitted by law;and day because of time off from work. b. If coverage provided to the vendor is required by a contract or agreement, the SECTION 11—WHO IS AN INSURED AMENDMENTS insurance afforded to such vendor will not be broader than that which you are A. Employee Bodily Injury To A Co-Employee required by the contract or agreement to Paragraph 2.a.(1) is replaced by the following: provide for such vendor. 2. With respect to the insurance afforded to these (1) "Bodily injury" or "personal and advertising vendors, the following additional exclusions injury": appbr (a) To you, to your partners or members(if you a. The insurance afforded the vendor does are a partnership or joint venture), to your not apply to: members (if you are a limited liabilty company), or to your other "volunteer (1) "Bodily injury,or"property damage"for workers"while performing duties related to which the vendor is obligated to pay the conduct ofyour business; damages by reason of the assumption of liability in a contract or agreement. (b) For which there is any obligation to share This exclusion does not apply to liability damages with or repay someone else who for damages that the vendor would must pay damages because of the injury have in the absence of the contract or described in Paragraph(1)(a)above; or agreement; (c) Arising out of his or her providing or failing (2) Any express warranty unauthorized by to provide professional health care you; services. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the Paragraph 3,a.is replaced by the following: vendor, a. Coverage under this provision is afforded only (4) Repackaging, except when unpacked until the 180 h day after you acquire or form the solely for the purpose of inspection, organization or the end of the policy demonstration, testing, or the 9 p cY period, substitution of parts under instructions whichever is earlier, from the manufacturer, and then repackaged in the original container, nr WN GL 39 07 15 includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. Wth respect to the Insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Sectlon IiI— vendor has agreed to make or normally Limits Of Insurance: undertakes to make In the usual course I of business, in connection with the If coverage provided to the vendor is required , distribution or sale of the products; by a contract or agreement, the most we wit! (6) Demonstration,installation, servicing or pay on behalf of the vendor is; repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of the product: b. The Limas of Insurance shown in the (7) Products which, after distribution or Declarations; sale by you, have been labeled or whichever is less. relabeled or used as a container, part or ingredient of any other thing or This endorsement shall not increase the substance by or for the vendor.or applicable Limits of Insurance shown in the (6) "Bodily injury or "property damage', Declarations. arising out of the sole negligence of the 5. Wth respect to the Insurance afforded to these vendor for its own acts or omissions or additional insureds, the following additional those of its employees or anyone else exclusion applies: acting on its behalf. However, this exclusion does not apply to: This insurance does not apply to; (i) The exceptions contained in a• "Bodily injury", "property damage" or Subparagraphs(4)or(6); or "personal and advertising Injury" arising out of the rendering of, or the failure to render, (10 Such Inspections, adjustments, any professional architectural, engineering tests or servicing as the vendor or surveying services, including: has agreed to r—nake or, norivially undertakes to make in the usual (1) The preparing, approving, or failing to course of business, in connection prepare or approve, maps, shop with the distribution or sale of the drawings, opinions, reports, surveys, products. field orders, change orders or drawings 3. This Provision C.does not apply: and specifications-. or (2) Supervisory, inspection,architectural or a. To any insured person or organization from engineering activities. whom you have acquired such products, or This exclusion any ingredient, part or container, entering applies even if the against an additional Insured $ into, accompanying or containing such claims a 9 $ products; allege negligence or other wrongdoing in the supervision, hiring. employment. b. To any vendor for which coverage as an training or monitoring of others by that additional insured specifically is scheduled Insured, if the 'occurrence" which by endorsement;or caused the" bodily Injury'or"property c. When liability included within the damage", or the offense which caused "products-completed operations hazard" the "personal and advertising injury', has been excluded for such product either involved the rendering of or failure to by the provisions of the coverage part or by render any professional services by endorsement you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer,architect or surveyor. VM QL 39 07 16 includes copyrighted material of Irksaanee Services office,Inc,,with Its permission. Page a of 10 D. Blanket Additional ]Insured - Lessor Of Leased d. With respect to the insurance afforded to these Equipment additional insureds, the following additional exclusion applies: 1. Section 11-Who Is An Insured is amended to This insurance does not a include as an additional insured any person(s) apply to: or organizations) from whom you lease a. "Bodily injury". "property damage" or equipment when you and such person(s) or "personal and advertising injury"arising out organization(s) have agreed in writing in a of the rendering of, or the failure to render, contract or agreement, executed prior to loss, any professional architectural, engineering that such person(s)or organization(s)be added or surveying services, including: as an additional insured on your policy. Such person(s) or organization(s) is an insured only (1) The preparing, approving, or failing to with respect to liability for "bodily injury', prepare or approve, maps, shop "property damage"or "personal and advertising drawings, opinions, reports, surveys, injury" caused. in whole or in part, by your field orders, change orders or drawings maintenance, operation or use of equipment and specifications;or leased to you by such person(s) or organization(s). (2) Supervisory, inspection, architectural or engineering activities. However, the insurance affiorded to such This exclusion applies additional insured: pp ies even if the claims against an additional insured allege a. Only applies to the extent permitted by law: negligence or other wrongdoing in the and supervision, hiring, employment,training or b. Will not be broader than that which you are monitoring of others by that insured,if the required by the contract or agreement to occurrence which caused the bodily provide for such additional insured, injury"or"property damage", or the offense which caused the"personal and advertising A person(s or organization's status as an injury", involved the rendering of or failure additional insured under this endorsement ends to render any professional services by you when their contract or agreement with you for with respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not surveyor. apply to any "occurrence" which takes place E. Blanket Additional Insured - Managers Or after the equipment lease expires. Lessors Of Premises 3. With respect to the insurance afforded to these 1. Section 11--Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured arty person(s) Section IIi-Limits Of Insurance: or organization(s) with whom you have agreed If coverage provided to the additional insured is in a written contract, executed prior to loss, to required by a contract or agreement, the most name as an additional insured, but only with we will pay on behalf of the additional insured respect to liability arising out of the ownership, Is; maintenance or use of that part of the premises leased to you, subject to the following a. The minimum amount required by the additional exclusions: contract or agreement; or This insurance does not apply to: b. The Limits of Insurance shown in the Any "occurrence" which takes place after Declarations; a. whichever is less. you cease to be a tenant in that premises. This endorsement shall not increase the b. Structural alterations. new construction or applicable Limits of Insurance shown in the demolition operations performed by or on behalf of such additional insured. Declarations. WN GL 39 07 15 Includes copyrighted material of Insurance Servless Off[to,Inc.,with Its permission. Page 6 of 10 However: a. The insurance afforded to such additional F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or insured only applies to the extent permitted political Subdivision -- Permits Or by law; and Authorizations b. If coverage provided to the additional ` insured is required by a Contract or Section II — Who Is An insured is amended to agreement, the insurance afforded to such include as an additional insured any state or additional insured will not be broader than governmental agency or subdivision or political that which you are required by the contract subdivision with whom you have agreed in a written or agreement to provide for such additional contract, executed prior to loss, to name as an p additional insured, subject to the following insured. provisions: 2. With respect to the insurance afforded to these 11, This insurance applies only with respect to additional insureds, the following is added to operations performed by you or on your behalf Section Ili—Limits Of Insurance: for which the state or governmental agency or If coverage provided to the additional insured is subdivision or political subdivision has issued a required by a contract or agreement,the most permit or authorization. we will pay on behalf of the additional insured However.- is: a. The minimum amount required by the a. The insurance afforded to such additional contract or agreement; or insured only applies to the extent permitted by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured Is required by a contract or whichever is less. agreement, the insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations, insured. 3. With respect to the insurance afforded to.these 2. This insurance does not apply to: additional insureds, the following additional exclusion applies: a. "Bodily injury", "property damage° or This insurance does not apply to: "personal and advertising injury"arising out of operations performed for the federal a. "Bodily injury", `property damage" or governments state or municipality:or "Personal and advertising injury" arising out b. "Bodily injury" or "property damage" of the rendering of, or the failure to render, included within the "products-completed any professional architectural, engineering operations hazard". or surveying services, including: 3. With iespect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section ill—Limits Of Insurance: drawings, opinions, reports, surveys, field orders. change orders or drawings If coverage provided to the additional insured is and specifications;or required by a contract or agreement, the most we will pay on behalf of the additional insured ti (2) Supervisory, Inspection,architectural or is• t3 engineering activities. even If the claims a. The minimum amount required by the This exclusion appliescontract or agreement; or against an additional insured allege negligence or other wrongdoing in the b. The Limits of Insurance shown in the supervision, hiring, employment, training or Declarations; monitoring of others by that insured, if the whichever is less. occurrence which caused the "bodily injury"or"property damage", or the offense This endorsement shall not Increase the which caused the'personal and advertising applicable Limits of Insurance shown In the injury". involved the rendering of or failure Declarations. to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 16 Includes copvrigMed material of Insurance services Office.Inc.,with Its permission. Page 7 of 10 4. With respect to the insurance afforded to time b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies; c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage,, or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only apples to the extent permitted any professional architectural, engineering by law;and or surveying services, including: b. if coverage provided to the additional (1) The preparing, approving, or failing to insured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications;or or agreement to provide for such additional (2) Supervisory,inspection,architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section Ili—Limits Of Insurance; negligence or other wrongdoing in the if coverage provided to the additional insured Is supervision, hiring, employment,training or required by a contract or agreement, the most monitoring of others by that insured, if the"occurrence" which caused the "bodily we will pay on behalf of the additional insured injury"or"property damage", or the offense is: which caused the"personal and advertising a. The minimum amount required by the jury", involved the rendering of or failure contract or agreement; or to render any professional services by you with respect to your providing engineering, b, The Llr,uts of insurance shown in the architectural or surveying services in your Declarations; capacity as an engineer, architect or surveyor. whichever is less. This endorsement shall not increase the G. Blanket Additional insured — State Or applicable Limits of Insurance shown in the Governments[ Agency Or Subdivision Or Declarations. Political subdivision — Permits Or 3. With respect to the insurance afforded to these Authorizations Relating To Premises additional insureds, the following additional Section it -- Who is An Insured is amended to exclusion applies: Include as an additional insured any state or This insurance does not apply to; governmental agency or subdivision or political a, uBodily injury", "property damage" or subdivision with whom you have agreed in a written g j rf arising out contract, executed prior to loss, to name as an persona!and advertising t in u additional insured, subject to the following of the rendering of, or the failure to render, provision: any professional architectural, engineering or surveying services, htcluding: following hazards for which the state or 1. This insurance applies only with rasped to the (1) The preparing, approving, or failing to governmental agency or subdivision or political prepare or approve, maps, shopdrawings, opinions, reports. surveys, subdivision has issued a permit or authorization field orders, change orders or drawings In connection with premises you own, rent or and specifications;or control and to which this insurance applies: a. The existence, maintenance, repair, (2) Supervisory, inspection,architectural or construction, erection or removal of engineering activities. advertising signs, awnings, canopies,cellar entrances, coal holes, driveways. manholes,marquees,hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;or WN GL 39 07 15 inckides copyrighted rnateriai of Insurance services office,inc.,with its permissian. Page a of 10 f This exclusion applies even if the claims against an additional insured allege SECTION IV - COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment,training or monitoring of others by that insured, if the A. Knowledge Of Occurrence "occurrence" which caused the 'bodily Item z. Duties In The Event Of Occurrence, injuryp or"property damage", or the offense Offense, Clairn or Suit is amended by adding the which caused the"personal and advertising following: injury", involved the rendering of or failure to render any professional services by you e. You must give us or our authorized with respect to your providing engineering, representative prompt notice of an architectural or surveying services in your "occurrence", claim or loss only when the capacity as an engineer, architect or `occurrence",claim or loss is known to: surveyor. (1) You, if you are an individual; SECTION III - LIMITS OF INSURANCE (2) A partner, ifyou are a partnership; AMENDMENTS (3) An executive officer or insurance manager, A. Damage To Premises Rented To You if you are a corporation;or Paragraph 6.is replaced by the following: (4) A member or manager, if you are a limited 6. Subject to Paragraph S. above, the most we liability company. will pay under Coverage A for damages B. Other Insurance because of "property damage" to any one Item 4.Other Insurance,b. Excess Insurance(1) premises,while rented to you, or in the case of (a)(IQ is replaced by the following: damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily (11) That is fire, lightning, explosion or sprinkler occupied by you with permission of the owner leakage insurance for premises rented to you is the greater of: or temporarily occupied by you with permission of the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit In the following: Declarations. 0. Representations And Unintentional Failure However, the provisions of this paragraph do To Disclose Hazards not apply if Damage To Premises Rented To a. accepting this policy, You Coverage is excluded by endorsement. � � g P cY�You agree: B. Medical Expense Limit (1) The statements in the Declarations are accurate and complete; N Paragraph 7.is replaced with the following: 7. Subject to Paragraph 5. above, the most we {z) represeThosentations statements you are based upon will pay under Coverage C for all medical P yatr made to us;and expenses because of`bodily Injury" sustained (3) We have issued this policy in reliance by any one person is the greater of: upon your representations. a. $10,000;or b. If you unintentionally fail to disclose any hazards existing at the inception date of b. The amount shown next to the Medical your policy, we will not deny coverage Expense Limit in the Declarations. under this Coverage Part because of such This Insurance does not apply if coverage for failure. However, this provision does not Medical Expenses is excluded either by the erect our right to collect additional provisions of the coverage part or by premium or exercise our right of endorsement cancellation or non-renewal. WN GL 39 07 16 Includes copyrighted material of insurance Services Office, Inc.,with its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS item B. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9. a.is replaced by the following: We waive any right of recovery we may have a. A contract for a lease of premises. However, because of payments we make for injury or that portion of the contract fat a tease of damage arising out of your ongoing operations or premises that indemnifies any person or "your work" done under a written contract, organization for damage by fire, lightning, executed prior to loss, requiring such waiver with explosion or sprinkler leakage to premises that person or organization and included in the while rented to you or temporarily occupied by "products-completed operations hazard". However, you with permission of the owner is not an our rights may only be waived prior to the "insured contracC; "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part B. Personal And Advertising Injury Redefined The insured must do nothing after a loss to impair Paragraph 14k d. and e. are replaced by the our rights. At our request, the insured will bring following: "suit" or transfer those rights to us and help us enforce those rights. d. Oral,written,televised,videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral.written,televised,videotaped or electronic publication of material that violates a person's right of privacy; i" WN GL 39 07 15 Inchidea copyrighted material of Inwrenee services offk a,Inc.,whh its permission. Pqe 10 of 10