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HomeMy WebLinkAboutPW16-248 - Original - H.D. Fowler Company - McMillan St Water Main Replacement - 06/15/2016 / l -M4 Al rd S M KENT Documen WASHINGTON Mai 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: H. D. Fowler Company Vendor Number: JD Edwards Number Contract Number; *- �A This is assigned by City Clerk's Office Project Name: McMillan St. Water Main Replacement Description: ❑ Tnterlocal Agreement ❑ Change Order ❑ Amendment Z Contract ❑ Other: Contract Effective bate: 6/15/16 Termination Date: 7/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: .Josh Harris Department: PW Operations Contract Amount: $14,524.21 .- Approval Authority: (CIRCLE ONE) CDepant Director Mayor City Council Detail: (i.e. address, location, parce - ' ', etc.): Supply the Water Department with materials for the project. - As of: 08/27/14 KENT W A 5 H I N G T O N GOODS & SERVICES AGREEMENT between the City of Kent and H. D. Fowler Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and H. D. Fowler Company organized under the laws of the State of Washington, located and doing business at 13440 SE 301h St., Bellevue, WA 98009, Phone: (425) 746-8400/Fax: (425) 641-8885, Contact: Ryan Huff (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 supply the City's Water Department with materials for the McMillan Street Water Main Replacement Project. For a list of materials, see the Vendor's bid 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 July 31, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fourteen Thousand, Five Hundred Twenty Four Dollars and twenty one cents ($14,524.21), 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: After receipt of all materials listed in Exhibit A and receipt 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, Incl. 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) T. PUblic Recoe rds Act, The Vendoi- acknowledges that file City is a public �,qeocy SUb.i(Xt to the Public Plecords Act codified in Chapter 42.56 of the Revise' Code of Washington and &CUMet-rLs, notes, erllaMs, and other, rec.ords prepai-eci or, gathei,ed by tile COIISLfltant in its performance of this Agreement may be subject to public review and disd()SUR�, (Werl if 1.110SCI l-ecor-cis are r-10t 1)1"OdUced to or POSSC'.SSe(r 1,)y the City of Kent. As such, the Vendor- agr-ees to coopemte fully with the My in SZtiSfyi1)g UK' CltY'S dUtiCs, and obhgatiOFIS rand ei- the 1,"UtfliC Records Act. ("It .. Pr-k)[ 1. -Y.ril� hl"'S llrkellSe...S-� to COlnrllel-K-Jrlg 010 [Z)SkS deSC[`ibE,d ill S(NIJ011 1, ( _�Jrjr,-.'ontractor agiees to pr-ovide pt"oof of a city of Kent: hlr!�,iness I:ic( (� pursuant to Chapter 5.01. of UIE! [UNA City Code, K. rImj sigc 1:ljivry; 1) Fax gi, En')a1l, This Agivemer-rL may be executed in any I'lUrnber Of COUnteripatts, each of which shall constitute all odginal, and ail of whkdr vviii Lor,iethei- constitute rTfls one Agi-een"ient. 1-Llfffier, uporr oxecuting this Agreeffient., either parl,y rilay deliver- the signatul-e page to the other by fax Or email and that signature shaH have the same for-ce and effecl as if the Agi,emienL bearing Lhe originEd signatUre was received in puson, IN WITNESS, the pail-ic,,s below emcute this Agreement, which shall be(.,x,,mne effc--cdve oil the last date evitered below. r413 0 k. C171 CENT: 13Y -int Name: TilTlothy J. LaPorte, P.E. Print Name Pi Its: ic Wo Its: 1:1 1 rks Director DA-f DATE:- ---- ------- 1,140TICES "M BE SENT TO: NC. uds To BE SENT* TO: VENDOR: CXTY OF KENT: Ryan Huff Timothy J. Lzirlor-te, P.E. I-L 11 Fowler, corlipally City of Kent 13440 'Sr' 30"' St, 220 FOUrth AvellUe South BelleVUe, WA 98009 Kent, WA 98032 (425) 746-8100 (teiephwie) (253) 8S6-SSO0 (telephorm) (425) 6,11-8885 (facsin-ffle) (253) 8S6 6500 (facsJl'nilt,,) HD Fowler-McMillan W14 Repl/Wnds GOODS &SERVICES AGREEMENT - 6 ($2 0,000 or Less, including WS57) DECLARATION CITY OF KENI` EQIJAL EMPLOYMEN"YOPPORTUNITY POLACY The City of Kent, is (1-onirnitte'd I-10 conforal to Fede'ral and Statr„ laws regardirig equal OPPOI`tlinity, As such all contractors, sul.)conb!,;)ctors and stippliers who perform work with relation to this Agreement s li all comply with the regulations of the City's equal employrnent opportunity polick'aS. The following questions sp(-,(Jfjcaflly klentify the recluirenients LIIe:t City CiE.eIYIS n(,,,,cessary farm any COIAI-aCtOr, SUIX(Int-Ta(:tor or SLJpj.)llC1r on tl-ds specific Agree�,Tient to adhere to, An affirmative response is reqUired on all of the following qLJ(-.,'Sti011S for this Agr(2(.,m,ient to be valid and binding, If any contractor, SUI)MItraCtOr or supplier WillfUlly rnisrepres"ents th(,aI'nselves with regard to the directives out-Jines, it will be considcared a breach of contract and it will be at the City's solo, deterniination regarding suspension, or termination for all or part of Agreen,ient; The qUestioj is are as follows: J.. I have read the attached City of Kent administrative policy I'lUrnber 1.2. 2, During the time of this Agreement I will not cfiscriminate in ernploynient on the basis of sex, race, color, national origin, age, or the presence of all sensory, rnental or physical disability. 1 During the time of this Agreement the prime contractor will provide a written statement to all riew employees and SUbcontractor's indicating cornmitnient as an equal opportunity employer. 4. DUrirIg tl)e time of the Agr aen"ient 1, the prii,ne contractor, will actively consider hiring and pror"notion of wory-ien and minorides, 5. lea ore acceptance of this Agreement, an adherence, statern(-,"nt will be signed by me, the Prime Contractor, that drie Contractor conlpli(-'aCl Witt) the reqUirea�ients as set fortl"i above. By signing below, I agree to fUlflil the five reqLlil(!ITIMAS 1'&CfellCed Elt)OV(,, z" By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - I 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 Scope of work; Vendor will provide and deliver the parts and materials to upgrade the aging water main on McMillan St in the amount not to exceed $14,524.21 including Washington State sales tax. 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DVIJAOO 9NK1019 :jaulo4sn)) .rll' Vd O x _ x T 3o T a8ed SSLOOE3:ON PIH 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. 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 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. 2. 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. 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. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. 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. HDFOW-1 OP ID:RK Yyl CERTIFICATE OF LIABILITY INSURANCE m07116/20`6 orrlsl2ols THIS CERTIFICATE 1S 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 conditlond 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. coNracr PRooucEt Phone:603-224-2600� Betha Sutherland Anchor Insurance&Surety,Inc Fax:603-224-9830 PHONE 603-224-2600 arc •603-224-9830 1201 SW 12th Ave.,Suite 50D Portland,OR 97205.2030 ea,ss:bsutherland anchoriaS.Com Gene M.Dletzman INSURERS AFFORDING COVERAGE NAIC q INSURER A:Travolam Prop Cas Co of Amer 25674 INSURED H.D.Fowler Co.,Inc. INSURER 01 Travelers Indemnity Co. 26666 Be levue,WA 98000.0160 INsuRERc IA.M.Bests A++ INSURER D: INSURER E • U 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 REDLI UCED-BY PAID CLAIMS. TYPE OF INSURANCE POUGY NUMB NMIUD El Mk011a LIMITS GENERAL LIABILITY / EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABIIJTY X 6Ia6EB2B04S ✓ 07101/2016 07/011201 B MI Es'Ee S 100,00 CLAIMS-MADE X❑OCCUR MEDEXP Wy ono $ 6,00 A X WA STOP GAP •630.6E626046 ✓ 07101/2016 07/01/2016 PERSONAL&AOVINJURY s 1,ODD,00 GENERALAGGREOATE a 2,000,00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGO S 2,000,00 POLICY X Loc A com EL s 1,000,00 AUTOMOBILE LIABILITY / 1 1,000,OD B IANY AUTO X •810.6E626048 0710112015 0710112016 BODILYINJURY(Perperson) A �EDXHDULED BODILY INJURY(Par=Mam) Sn SCE c NON-OWNED sm $ HIREOAUTOS AUTOS Comp and Coll S 1,00 X UMBRELLAUAB X OCCUR EACH OCCURRENCE S 16,000,0E A EXCESS LIAB CLAIMS MADE YSM•CUP-6E626048 07/0112015 07/01/2016 AGGREGATE S 15,000.0E DED I X I RETENTIONS NIL $ WOFIxERSCOMPENSATION MS A UT.- T - AND EMPLOYERS LIABILITY Y ANY PROPRIETORIPARTNER EXECUTIVE�'1 NIA E L.EACH ACCIDENT $ OFFTCERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE S ((Mandatory In NH) Mandatory undor E.L.DISEASE-POLICY LIMIT $ rlbeIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCAT1ONSIVEI(IC"s(Atlact,ACORD tOf,Addltlonel Romania S4hadulo,U moro epaeo a requlmd) ": Operations of the Insured subject to policy terms and conditions. (See page 2) CERTIFICATE HOLDER CANCELLATION KENTC-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 89 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION City Of Kent S.220 4th Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 019888-_2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010106) The ACORD name and logo are registered marks of ACORD i suoTsTAoad eTgeded BOOT ogns gexueTH 60/60 SIP VI VD ST/ZO £5 £S *dJ xaATVA tpTa pesnsu-r TeuoT-4-r oan� pue :90/1p0 LE 0 90 BaYp.zom daem*xd isT/LO 84 Va 00 uoTgeboagns 90 aen.Vm sepnTOUT peansut TeuoTgFPpe geXueTH tpeKoe4ge s4u9mevaopug 'goeaguoo ueggTam Xq PeaTnb a uegm poauauT TVUOT4tpp'd ese saigTgua paaTnbea TTe pue xepTog eguaT3'rgaeD 4111EfL0 aiva )121:01 d0 oui-oo jalnno:j•a•H sv+vN saaansm GVda.LON Z HOW VMO;A0H POLICY NO.: Y-630-SE626048 INSURED: H.D.Fowler Co.,Inc. COMMERCIAL.GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, INTERNATIONAL XTEND ENDORSEMENT This endorsoment modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL_DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described In any of the provisions of thia endorsement may be excluded or limited by another endorsement to this Coverage Part,and dress coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following noting is a general aver- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what Is and is not covered. A. Broadened Named Insured K. Bodily Injury to Co•l;mployees and Co. B. Blankat-Additional Insured — Broad Form Volunteer Workers Vendors L. Aircraft Chartered with Crew C. Limited Worldwide Llablilly Coverage in- M. Non-Owned Watercraft--Increased from 26 demnity Basis feet to 60 feet D. Damage To Premises Rented To You N. Increased Supplementary Payments 4 Perils of fire,explosion,lightning, smoke, • Cost of ball bonds increased to$2,500 water 0 Loss of earnings increased to $600 per • Limit Increased to$300,000 day E, Blanket Weaver of Subrogation 0. Medtcal Payments-Limit Increased to F. Blanket Additional insured-Owners,Manag• $10,000 per person ers or Lessors of Promises P. Knowledge and Notice of Occurrence or Of- 0. Blanket Additional Insured - Lessors of fence Leased Equipment Q. Unintentional Omission H. Incidental Medical Malpractice R. Reasonable Force Bodily Injury or Property I. Personal Injury—Assumed by Contract Damage J. Amended Bodily Injury Definition S. Transportation Expenses For Repatriation or Relocation of Injured Or Sick Employees PROVISIONS a, Coverage under Ihts provision is afforded A, BROADENED NAMED INSURED onlyy until the 1801h day after you acquire 1. The followingIs added to SECTION R—WHO or forin the organization or the end of the policy period,whichever is earlier,unless i3 AN INSURED. reported In writing to us within 180 days. Any organization, other than a partnership or B. BLANKET ADDITIONAL INSURED W BROAD joint venture,over which you maintain owner- FORM VENDORS ship or majority interest on tho effective data The following Is added to SECTION II WHO IS of the policy,qualifies as a Named Insured.However,coverage for any such organization AN INSURED: will cease as of the data during the policy pe- Any person or organization Jhat Is a vendor and riod that you no longer malrrlaln ownership of, that you have agreed in a written contract or or majority Interest in,such orgenl2atlon. agreement to include as an additional Insured on 2. the following replaces Paragraph 4.a. of this Coverage Part Is-an insured,but only with re- 890TION 11—WHO IS AN INSURED: spool to liability for "bodily injury" or "property damage"that: CO D4 6810 00 0 2008 The Triavalars Companies,Ina Page 1 of 9 I COMMERCIAL GENERAL LIABILITY a. Is caused by an"occurrence"that takes place client, part or container entering Into, accom- after you have signed and.executed that.con- pany#ng-or contalning such products;or tract or agreement;,and b, Any vendor for wh#ah.:coverage as an addl- b. Arises out.of"your produota" which are dis- tional Insured specifically Is scheduled by en- trEbuted or sold-ln,ihe regular course.of.such dorsement, vendor`.s business. C. LIMITED WORLDWIDE LIABILITY COVERAGE The insurance-provided to-such vendor.19 subject »INDEMNITY BASIS to the following provisions: J. The following replaces the definition of"cov- a. The Iimits:cf.insurance.provided to such van- erage territory"In the DEPINITION8 8eetion: dor.wlll'be the limits.which-you agreed to-pro. "Coverage territory"means; vide in--lhe vrrllion contract.or'.pgreement,-or a. The United States of America (Including the IlMlis shaven In.the Declarallons of:this Its territories and possessions), Puerto Coverage Part,whtohsver.are less. Rico and Canada; b. The insurance.provided to such.vendor does b, International waters or airspace, but only not'applyio: . . if. (1) "Bodily Injury" or "properly.damaged for (1) The"bodily Injury" or"property dam. which the vendor.Js obligated 'to .pay age" Is caused by an "occurrence" damages by reason:of:the assumption of that takes place;or liability in 'a,contract or agreement. This or "advertising exclusion does not apply to liability for (2) The "personal Injury" damages that,the vendor would hav&in injury'Is caused by an offense com- the absence of the contract or agreement; milted; (2) Any express warranty unauthorized by In the course of travel or Iransportatlon you; between any places Included in Para- (3) Any physical or chemical change-#n"your graph a.above;or products" made intentionally by such c. All other parts of the world except the vendor; "prohibited area", but only if the injury or (4) Repackaging, unless unpacked solely for damage arlses out of: the purpose of Inspection,.demonstration, (1) Goods or products made,sold, han- iesting,or,the subelilutlan°of parts under dled or distributed by you,or services Instructions from the-manufacturer, and provided by you to your customers or then'epackaged in the origlnal'contalner; clients, in the territory described in (5) Any failure to-make such Inspections,ad- Paragraph a.above; juatments, tests or servicing as vendors (2) The activities of a person whose agree to:perfoi•m or normally.0ndertake to home is in the territory described In perform in the regular course of business, Paragraph a.above,but Is away for a In connect[on-with the Alstributlon.or sale short time on your business;or or`yourproducts"; (a) "Personal injury" or "advertising in- (8) Demonstr.stion,*"Instalicition, servicing repairir operations,bxcopt such operatioperationsInef committed Internet or simfla ee 1 nic means of performed at such.vandoes premisea In communication; connection with the safe-of "your.prod- provided that the Insured's responsibility to ucts";or pay damages Is determined In a"suit"on the (7) "Your products" which, after distribution merits brought anywhere ire the world except or sale by you, have been labeled'or re- the "prohibited area", or In a settlement we labeled-or used as a container,part or In- agree to. gredient of any other thing or substance With respect to"occurrences"that take place, by or for such vendor. or"personal injury" or"advertising Injury' of- Coverage under this provision does not apply to: fenses committed within the territory do- a. Any person or.organization from whom you scribed In Paragraph c. above, the following have acquired "your produots", or any Ingre- conditions apply: i Page 2 of 9 02048 i e Travalers Companies,Ina CG 04 5810 08 I COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6.of SEC- TION III—LIMITS OF INSURANCE: ABIi:iYfiQNT)1. (Ohl3t Subject to 6. above, the Damage To Pram- 1NeawaiYer`$ny'rtght zpf pcgVe ova 4my�hi�Y .' Ises Rented To You Limit Is the most we will -aka tot t3�+ perr on.ot jor�0it zt3tivn bscalls"0 a under Coverage A for damages because pl�rrie is Nis kb�orIn'j r g pay Sa g �!. , �gt, daina'�� a sire of "properly damage" to any one premises Wa`l_,i6�I`sb� nad��� c�ple�by'oYfe�n�: while rented to you, or temporarilyooau led or�l0@ne� o,*oua�'pgis �g0 �1(q �nperjori� > p by tit5d G�'Qgr 1fdv Qtfti �ao�tita�Cl? by you with permisslon of the owner,caused h 2 n sew +n r � r r�,} y s by fire; explosion; lightning; smoke resulting ![l�7hal�irexso���CognlaTo4Ur{ nrk",�br from,such fire, explosion,or lightning;or wa- ter.The Damage To Premises Rented To h Gurco�do st� svp�rt:vf��avrilQ�n cu>�3�aat You Limit will apply to all damage proximatelyabjb}���oApjizr�4Eo iQSsl caused by the same "occurrence", whether F. BLANKET ADDITIONAL INSURED--OWNERS, such damage results from fire; explosion; MANAGERS OR LESSORS OF PREMISES lightning;smoke resulting from such tire,ex- The following is added to SECTION II—WHO IS plosion, or lightning;water, or any combine- AN iNSURED: flon of any of these. Any person or organlzafion that Is a premises The Damage To Premises Rented To You owner, manager or lessor and that you have Limit will be the higher of. agreed In a written contract or agreement to a. $300,000;or name as an additional Insured on this Coverage Part Is an Insured,but only,with respect to liability b. The mount shown on the Declarations of for "bodily Injury", "property damage', "personal this Coverage Part for Damage To-Pram- injury"or"advertising Injury` that: Ises Rented To You Limit. a. Is"bodily Injury"or"properly damage"caused 4. The following replaces Paragraph a. of the by an "occurrence"that takes place,or"per• definition of"Insured oontraot"in the DEFINI- sonal Injury"or"advedleing Injuri+'caused by TIONS Section: an offense that Is committed, after you have a. A contract for a lease of premises. How- signed and executed that contract or agree- ever, that portion of the contract for a ment;and lease of premises that indemnities any b. Arises out of the ownership, maintenance or person or -organization for damage to use of that part of any premises [eased to premises while rented to you, or tempo- you. redly occupied by you with permission of The insurance provided to such premises owner, the owner,caused by. manager or lessor 1s subject to the following pro- (1) Fire; visions: (2) Explosion-, a. The limits of Insurance provided to such 3 Lightning; premises owner, manager or lessor will be ( ) the limits whldh you agreed to provide In the (4) Smoke resulting from such tire, ex- written contract or agreement, or the limits plosion,or lightning;or shown on the Declarations of this Coverage (5) Water. Part,whichever are lose. Is not an"insured contract; b. The insurance provided to such premises owner,manager or lessor does not apply to: 6. The following replaces Paragraph 4.b.(9j(b) (1) "Bodily Injury" or "properly damage" of SECTION IV—COMMERCIAL GENERAL caused by an "occurrence" that takes LIABILITY CONDITIONS: plane, or"personal Injury"or"advertising (b) That Is insurance for premises rented to injury"caused by an offense that Is com- you, or temporarily occupied by you with milted, after you cease to be a tenant In the permission of the owner, that premises;or BLAfETNj,�il.1�0�iOF��U��tD;6A��0�I, (2) Structure)alterations,new construction or f iIghlsCoRlo+aV)dgl&'a�rt1`r3�1 bar9raph B;Trnsfe7 demolition operations performed by or on OA .l�ecgvs j+Against Ofiter'$'Ta Si Page 4 of 9 0 2008 The Travete►a OoMponles,Inv. CG D4 6010 08 COMMERCIAL GENERAL LIABILITY behalf or such premises owner,manager H. INCIDENTAL MEDICAL MALPRACTICE or lessor. 1. The following Is added to the definillon of"oc- o. The Insurance provided to such premises currance"In the DEFINITIONS Soobon: owner,manager or lessor is excess over any Unless you are In the business or oecupaticn valid and collectible other insurance available of providing professional health care services, to such premises owner, manager or lessor, "oecurrence" also means an act or omission unless you have agreed In a'written contract committed In providing or failing to provide for this Insurance to apply on a primary or "incidental medical services"to a person. contributory basis. 2. The following Is added to the DEFINITIONS 0. BLANK&ADDITIONAL INSURED--LE8SORS Section: OF L8ABLD1EQUIPMENT "Incidental medical services"means: The following is added to SECTION II WHO IS a.-Medical,surgical,denial,laboratory,x-ray AN INSURED: or nursing service or treatment,advice or Any person or organization that Is an equipment Instruction, or the related furnishing of lessor and that you have agreed In a written con- food or beverages; tract or agreement to include as an additional in- b. The furnishing or dispensing of drugs or sured on this Coverage Part Is an lnsurel, but medical, dental, or surgical supplies or only with respect to liability for "bodily Injury", appliances; "properly damage","personal injury"or"adverbs- c. First aid;or Ing Injury"that: a. Is"bodily Injury"or"properly damage"caused d. "Good Samaritan services". by an"oeourrence" that takes place,or"par, "Good Samaritan services"means any emer sonal Injury"or"advertising Injury"caused by genoy medical services for which no compen- an offense that is committed, after you have salion is demanded or received. signed and executed that contract or agree- 3. The following Is added to Paragraph 2.a.(1)of ment,and SECTION II--WHO IS AN INSURED: b. Is caused,in whole or in part,by your acts or Unless you are in the business or occupation omissions in the maintenance, operation or of providing professional health care services, use by you of equipment leased to you by Paragraphs (1)(a),(b), (c) and (d) above do such equipment lessor. not apply to any"bodily Injury'arising out of The Insurance provided to such equipment lessor any providing or falling to provide"incidental is subject to the following provisions: medical services" by any of your °employ- a. The limits of insurance provided to such sea", other than an employed doctor. Any equipment lessor will be the limits which you such "employees" providing or failing to pro- agreed to provide in the written contract or vide`Incidental medical services"during their agreement,or the limits shown on the Deets- work hours for you will be deemed to be act- rations of this Coverage Part, whichever are Ing within the scope of their employment by less, you or perforating duties related to the con• duet of your business, b. The Insurance provided such equipment d. The following exclusion is added to Para- "property damage" caused by an occur- graph 2,, Exclusions,of SECTION I--COV- rence"that takes place,or"personal Injury"or 9RAGES--COVERAGE A BODILY INJURY "advertising injury"caused by an offense that AND PROPERTY DAMAGE LIABILITY: Is committed, after the equipment lease ex- Sale Of Pharmaceuticals ptres. "Bodily injury' or "property damage' arising c. The Insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmeceuil. other Insurance available to such equipment cats committed by, or with the knowledge or lessor, unless you have agreed In a written consent of,the Insured. contract for this Insurance to apply on a pri- 6. The following Is added to Paragraph S. of mary or contributory basis. SECTION III LIMITS OF INSURANCE; 1 CG D4 6810 08 02000 The Travelers Companies,[no. Page 6 of 9 COMMERCIAL GENERAL LIABILITY For the purposes of determining the applica- has also been assumed in the blo Each Occurrence limit,all related acts or some'Insured contract";and omiselons committed in the providing of fall- (b) Such attorney fees and litigation Ing to provide"incidental medloal services;"to expenses are for defense of that any one person will be considered one "oo- party against a civil or alternative eurrenco". dispute resolution proceeding'in 8. The following is added to Paragraph 4.b.,Ex- which damages to which this In- cess insurance, of SECTION IV — COM- surance applies are alleged. MERCIAL GENERAL LIABILITY CONDI. 2. The following replaces the third sentence of TIONS: Paragraph 2, of SUPPLEMENTARY PAY This Insurance is excess over any valid and MENTS—COVERAGES A AND B: collectible other Insurance, whether primary, Notwithstanding the provisions of Paragraph excess,contingent or on any other basis,that .2,b,(2)of Section I—Coverage A—Bodily In- Is available to any of your "employees" for jury And Properly Damage Liability or Para. "bodily injury'that arises.out of providing or graph 2.e. of'Seotion 1—Coverage B—Per- falling to provide"Incldentei medical services" sonal and Advertising Injury Uabllity, such to any person to the extent not subject to payments will not be deemed to be datirages Paragraph 2.0.(1) of SECTION II—WHO IS beoause of"bodily Injury","property damage" AN INSURSD. or "personal Injury", and will not reduce the i. PERSONAL INJURY — ASSUMED BY CON- limits of Insurance. TRACT 3. The following replaces Paragraph 24. of 1. The following replaces Exclusion a.,Contrac- SUPPLEMENTARY PAYMENTS — COVER- tual Liability,In Paragraph 2.of SECTION i ACES A AND B: — COVERAGES — COVERAGE B PER- d. The allegations In the "sult" and the In- SONAL AND ADVERTiSINO INJURY LI- formation we know about the "occur. ABILITY: rence"or offense are such that no conflict e. Contractual Liability appears to exist between the Interests of "Personal Injury"or"advertising Injury'for the Insured and the Interests of the In- which the Insured is obligated to pay demhites: damages by reason of the assumption of 4. The following replaces the first subparagraph liability In a contract or agreement. This of Paragraph f. of the definition of'insured exclusion does not apply to: contract"In the DEFINITIONS Section: (1) Liability for damages that the Insured f. That part of any other contract or agree• would have In the absence of the moot pertaining to your business(inciud- contract or agreement;or Ing an Indemnllicatlon of a municipality In 2 Liability for damages because of connection with work performed for a O muntolpallty)under which you assume the "personal Injury" assumed In a con• tort liability of another party to pay for tract or agreement that is an"insured "bodily Injury,""property damage"or"per- contract",provided that the"personal sonal injury"to a third person or organize. Injury'is caused by an offense,com- tlon. Tort liability means a Ilablllty that mlited subsequent to the execution of would be Imposed by law In the absence the contract or agreement. Solely for of any contract or agreement. the purposes of liability assumed In J. !EXTENSION OF COVERAGE — BODILY IN- an`insured contract", reasonable at- JURY tomeys fees and necessary litigation The following replaces the definition of"bodily In- expenses Incurred by or for a party jury"In the DEFINITIM Section: other than an insured wilt be deemed to be damages because of"personal "Bodily Injury" means bodily Injury, mental an- Injury".provided(hat: guish, mental Injury, shook, frlghht, disability, hu- e Liability to such art for, or for millatlon,sickness or disease sustained by a per. ( ) Y party son,Including death resulting from any of these at the cost of, that partys defense any time. Page 6 of 9 02008 The Tmvetare Campentoo,Ino. CO 04 6810 08 i COMMERCIAL GENERAL LIABILITY K. BODILY INJURY TO CO-EMPLOYEES AND vehicle to which the Bodily injury Uabltlly CO VOLUNTEER WORKERS Coverage applies.We do not have to fur- The following Is added to Paragraph 2.a,(1) of nlsh these bonds. SECTION 11—WHO IS AN INSURED: 2. The following replaces Paragraph 1.d. of Paragraph(1)( }a above dose not apply to"bodily SUPPLEMENTARY PAYMENTS —COVER- Injury"to a coy employee"In the course of the co- AGES AND B of SECTION I—COVER. " s"employee' employment by you or performing . duties related to the conduct of your business,or d. All reasonable expenses Incurred by the to"bodily injury'to your other`Volunteer workers" Insured at our request to assist us in the while performing dulles related to the conduct of investigation or defense of the claim or your business. %ulV,including actual loss of earnings up L. AIRCRAFT CHARTERED WITH CREW to $600 a day because of time off from work. The following Is added to Exclusion g.,Aircraft, 0. MEDICAL PAYMENTS—INCREASED LIMITS Auto Or Watercraft,In Paragraph 2.of SECTION i—COVERAGES-COVE0G€A BODILY IN- The following replaces Paragraph 7.of SECTION JURY AND PROPERTY DAMAGE:LIABILITY: III—LIMITS OF INSURANCE: This exclusion does not apply to an aircraft that 7. Subject to 6. above, the Medical Expense Is: Limit Is the most we will pay under Coverage {a} Chartered with crew to any insured; G.for all medical expenses because of"bod- „ Ely injury sustained by any one parson, and (b) Not owned by any Insured;and will be the higher of: (c) Not being used to carry any person or prop- (a) $10,000;or arty for a charge. M. NON-OWNED WATERCRAFT (b) The amount shown on the Declarations of this Coverage Part for Medical Expense 1. The following replaces Paragraph (2) of Ex. Limit. cluslon g., Aircraft, Auto Or Watercraft, in P. KNOWLEDGE AND NOTICi; OF OCCUR- Paragraph 2.of SECTION I--COVERAGES RENCE OR OFFENSE — COVERAGE A BODILY INJURY AND The following Is added to Paragraph 2.,Duties in PROPERTY DAMAGE LIABILITY: The Event of Occurrence, Offense, Claim or (2) Awatercraft you do not own that Is: Suit, of SECTION IV — COMMERCIAL GEN- (a) Fifty feet long or less;and ERAL LIABILITY CON DITlONS: (b) Not being used to carry any person or e. The fallowing provisions apply to Paragraph property for a charge, a,above, but only for the purposes of the in. 2. The fallowing is added to Paragraph 2. of surance provided under this Coverage Part to SECTION If—WHO IS AN INSURED: you or any insured listed In Paragraph 1.or 2. of Section 11—Who Is An Insured: Any person or organization that,with your ex- (1) Notice to us of such "cocurrence" or of- press or Implied consent,either uses or is re- fense must be given as soon as practice- sponsible for the use of a watercraft that you ble only after the"occurrence or offense do not own that is: is known to you(if you are an Individual), (1) Fifty Not long or less;and any of your partners or members who Is (2) Not being used to carry any person or an Individual (if you are a partnership or property for a charge, joint venture),any of your managers who ity N. INCREASED SUPPLEMENTARY PAYMENTS Is on Individual a ai(If you are s limited w Iles an company),any of your trustees who is an 1. The following replaces Paragraph 1.b. of individual (if you are a trust),any of your SUPPLEMENTARY PAYMENTS — COVER. "executive officers"or directors(€f you are AGES A AND B of SECTION I —COVER- an organization other than a partrnorahlp, AGES: Joint venture, Ilmiled liability company or b. Up to $2,600 for cost of ballbonds re- trust) or any "employee" authorized�by qulred because of accidents or trafflo law you give nonce of an occurrence' or violations arising out of the use of any offense. CG DPI 6610 08 02008 The Trevelara Componles,W. Page 7 of g i s0 04 so va 00 -ou1'seluedwoo 9leleAvilaglgoo&a 6 Jo 8 06ed em 4oltim nod riq pepinoid uoileuuojul Aug'ul Ja sl „saedoldwo„mod jo suo Aug jo uolleool -is ieuollue;uiun 101;0 uojselwo leuolluelulun eyl -eJ Jo uoiloplocloi s41 Joj„sesuadxo uollspod -suwl, elgeuoseeJ se bed 111m oM Ism eyl :8NOI11ON00 A11118V!'l 1VNBNSO IViONSWW00 — Al NOMOSS 10 su01Mues •A;unoa Jeyloue ul -eadeld '.g ydeJSsiod of pepp8 si BuIM01101 841 u011eullsep a 01 paun000 410ep 10 'sasu -Kais 'sesselp 'dtn(ul oqj eJetlen Ailunoa N018SlWO'IVNOIINSININ(1 '0 e41 woJj sl uojlsplsdeJ io uolleaoleJ eyl •o Iuowojlnboi le4l loejjs lou seop pus:se111J04ine 'e 440JBwOd 9141 9ueweouewwoo ldnJge lsolpew lueladwoo jo uoluldo e41 ul dtss all lalje sdsp jo Jegwnu oljloeds s ul4Um -seoeu sl uollopladw Jo uolleooloi e41 'q on of peIjodeJ aq ;snw �slualn1lad„jo adeo -se 10 086010J 'eBJe4091p 0411841 juewejlnb :,,sale pallgl4ojd„ -eJ 8 suieluo0 4010% ,ojuaInllod,, jo edeose e4i ui uolloipspn( 10 tilunoo duV (g) Jo eseoleJ 'o6Jetlaelp a jo ;no SuisiJe woo Pug:epaueO pus 00itl O}Jend uoilnllod Jo „eeswep Aliadoid„Jo „Unjul All '(suolssassod pus seliopus; all Sul -poq„Joj eBelenoa pellwil seplAcud 113411uew •pnlaul)eopowv Jo selslS pellutl e41 (I.) -asiopue us sepniaul Aallod ai4i 11 'jenamoH :us4i ae4io pliom •dlddo e4l ul wetWus nod dq%ioM 0)peuBlsss ,taw lard o0eaenoO slyl Jepun pepinold Jo pe4oldwe som„ooAoldwe„ tons ap4M eoueJnsul e4i goEgm of owns ul linsei pus poised doljod 041 6UIJnp peun000 dsw esuego Jo „e.au9nn000„0411041 sJe 44uep Jo 'sseuvis 'eseesip 'NnjUl syl •s -Aoosip enoge (Z)jo(l,)•e egdw8sJsd ul 7t d{uo ln8'Wass pagosep suosJsd 04110 Aug JelJs 0140011 -�Soldwe„ pasga�ep i0 �lals 'peseo M 'pam[ -osid se woos Re esusl}o.to„aoueun000„ -ul lnod jo Aug Jo uon000lw Jo uollolijudw 041 sotto so o;aa914 enl6 aul uobesgne nod J©1 '„sl000 uollopodsuaJl Isuuouu enogs pus JI mpAlu s inodcle slot algvoll wd so was sJe>lJOnn wort of algsol{asJd se was jono'inoul nod lay;„sesuodxe uollopodsusit, ss 4llej pooB uI UeAIB Of iI Jl elgeo110sJd ss elgeuoseeJ 0yl Joj nod esJngwiel II1M GMuoos se uenl6 eq of pewosp eq Ulm esuej :830VURA00—I NOUOSS jo 10 „oauewn000. yons jo on of sollON (B) JO 8 ONV V SOVUBA00 — S1NSWAVd •esuejjO10'GoueJ 411V1N3W IcIcI is of popps ei SuiMofloj a41 'I, -1two„ us jo eollou eAl6 01 uoliex 933A0'1dWS NOW -lueSJo Joylo Jo isnil'dusdwoo Allilge 210 a8 nrm dO NOUVOOIN a0 NOI1VlH1 -11 pellwll 'ojnluoA juloj 'dlgwouVed -VdSH NOd SSSNSdXB NOI1VIHOdSNVSI 'S 4ons dq pogpo4lna „eaAoldwen AUV (q) -Apedotd Jo uosled Jo Wolerul Jo Je6euew'Jegwew Aug loalcud of swoj elgeuoseeJ jo esn e41 OJnlusA ;uio( '1euped JnoR sl letil woJj 6ullinso;gsSswep dlredold„Jo„dan(ul All 'uolleztu90010410 Aug -poq„of didde;ou seop uolsnloxo 914i'pains jo Jolowilp Jo Joogjo;eAllnoexe UV(AI) -ul 041 jo ;Ulodpuals 841 w0ij popualul Jo paloedxe„o6owep Apodoidu Jo ifinlul dllpos., Jo:lent dins 10 aelarul V(III) eSaw a Jo Ainjul pepue;ul Jo po;oedxS •e Muedwoo �,kinl8Vl'l 30VWVCI AINSdOild aNV A19E1P dl(Ilgell pa11w(I Aug jo J86euew V (I!) "NI A'11008 V ROV21SA00 — S30VM3AOO :eJnlueA lino(Jo d10Jeu —I N01lOSS Ja'Z 4dviOwed ul'dJnful pepuctul -trod Aug 10 lsgwow J0 JeulJed y (1) J0 pelaedxa 1%uolsnloxS seoeldw 6ulmollol 841 ;ol o4m lenplAlpul rtuv W MOVWVCl Al?J3dOad :dq 1:10 A21ml .01009—50210d S'18VNOSV32J 'U umoull st Owego Jo„GOUOJJ(=O,041 Je1je •suolleinow 10 amal eauainsul elq dlu0 eigeollowd so uoos as ueAIS eq.lenw -eolidds tplm eauspiooas ul lomoueluou Jo uOHRI esuey0 Jo aooueun000„4ons jo on of eap -Isouso jo sigBlJ Jno eslolexe of Jo wnituoJd leuol; -ou 'slenplAlpul 010 sealant Jo sJaBeusw -Ipps ioa1100 0114ap Jno loeljs;ou seop uoislAoid 'stegwew Wn)UOA lulo( 'sJeulied Jnod $141 'JeAeMol•I 'eoualneul slot lepun sl4SiJ Jnod jo euou pus'1snJl Jo dwedwoo d1111gs1I pall salpn(aid lou 111m dollod slit;6uinssi ul uodn pellet -tup'elnjueA 1uiol'dl4sJouped s We nod JI (9) AJIJISV11 W8..3N30 IVIOUMWOO 1 I COMMERCIAL GENERAL LIABILITY $25,000.The most we will pay as reasonable 3. The following Is added to the DEFINITIONS { "transportation expenses"for the repatriation section: I or relocation of all of your "employeas" Is "Normal transportation coats" means the $50,000.These payments will not reduce the costs of transporting your"employes"In good limits of insurance, health, and In conformance with your busl- 2. The following Is added to Paragraph 4.b.,Ex- tress travel policy,from the country of Injury, cess Insurance, of SECTION IV - COM- disease, sickness, or death to the country of MERCIAL GENERAL LIABILITY CONDI- relocation or repatriation. TIONS: "Transportation expenses" Includes the fol- This Insurance is excess over any valid and towing expenses: collectible other Insurance, whether primary, a, Costs of embalming to meet United excess,contingent or on any other basis,that States standards;and Is avallable for the reasonable"Iransportation b: All reasonable expenses of transportation expenses" that you incur, over and above to return the remains of the deceased to "normal transportation costs",for the repalrfa• the country of burial or funeral. lion or relocation of any of your Injured, dls- eased,slok or deceased"employees". Ce 04 6010 08 02008 The Travelets Companles,Ino. Page 9 of 9 POLICY NO.: Y-630-SE626048 INSURED: H.D.Fowler Co.,Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modliios Insurance provided under the following: COMM9RCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury"or"advertising Injury"for C.OMMERC(AL. GENERAL LIABILITY CONDITIONS which coverage Is sought arises out of an of- (Section IV),'Paragraph 4. (Other Insurance), is tense onmmitted amended as follows: subsequent to the signing and execution of that 9. The following is added to Paragraph a. Primary contract or agreement by you. inSUranOe: 2. The first Subparagraph (2) of Paragraph b. Ex- However,.if you specifically agree In a written con- coos Insurance regarding any other primary In- tract or written agreement that the insurance pro. eurance available to you Is deleted, vided to an addlllondl insured under this 3. The following Is added to Paragraph b. Excess Coverage Part must apply,on a primary basis,or insurance,as an additional subparagraph under a:prfmaiy+`a d.'W$6.1% 1111610 basis, ibis Inuryr- Subparagraph(1): anoe Is primary to other Insurance that is avail- That Is available to the Insured when the Insured able to such additional Insured which covers such Is added as an additional Insured under any other additional Insured as a named Insured, and we policy,Including any umbreila or excess policy. will not share with that other insurance, provided that• a. The "bodily Injury" or"property damage"for which coverage Is sought occurs;and Co Do 37 04 06 Copyright 2006 The St.Patti Travelers Companies,ino.All rights reserved. Page 1 of 1 1 POLICY NO.: Y-810-SE626048 INSURED: H.D.Fowler Co„Inc. I COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION 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 modl- ffed by the endorsement. GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage.However,coverage for any Injury,damage or medical expenses described in any of the provislons of thle endorsement may be excluded or 11m- Ited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement.The following listing Is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine tights,duties,and what Is and Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE INCREASED LIMIT $ .0l;,%R,4T,A�:A,i: tON'04,010880, I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS-INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE V 000.910-WAIVER0090.007#'fI.ON' COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED `T `b•Et r."� ,r.r.. Odliy The following Is added to paragraph A.4.,Who Is Eid,�;� rdrsrxd�,d ��" tjsr. ,� L' Kr ,. `�Q�lQ:peflod,lb, lIn d An insured, of SECTION 11— LIABILITY COV• l �` ��n�{q 't�'r'e'd"�f$�W��l Y 1[:: IRA L: NO or form dur- 9e?SlfiiS� t :}pt ,1, ' surd,'�' Any organization you newly acquire ing the policy period over which you maintain garlfz0tionrjg0.01.e�t$ap , t' u{edp' 1 d r:( t� t[0% or more ownership Interest and that is not Wh41$rAq'lilt►ur� t provi§ tiicQ»lliIffbofi`ti�SeM an: separately insured for Business Auto Coverage. �isi Coverage under this provision is afforded only un, C. EMPLOYEE HIRED AUTO III the 180th day after you acquire or farm the or- ganization or the end of the policy period,which. 1. The Who following wn g Insured,d added of tSECTION Paragraph AA., ever is earner. B S.UAt i9-IM°�ODITIQ IAt:<INSER ABILITY COVERAGE: >:• -- ��Lam- = An"employee"of yours Is an"Insured"while 7'h ;i3ll3+k`igllled:1�!F'algi'aplc�lra41't flit"sus:�°iixl�►s��t;��#€p��S�.�'I't�Ji��i!4 {;1=IA�]t;k7`�Y. operating an"auto" hired or rented under a contract or agteement In that "employee's" ` name,with your permission,while performing . iVp.9'ggQNr,.'.0 a[i�4 r� 13Q 18 44tr$: iri a duties related to the conduct of your bual- ��jitlltoit tie1@n'ianrl ness. ifa�t�t�.a1'�'iiw���,'pr�ara[zatl�'li��lfit�l�t� �t�nAds;�nd CA T3 53 0310 02010 The Travelers indemnity Company, Page i of 4 Includes copyrighted material of insurance Services Otgce.Ime.with its parmleslen. COMMERCIAL AUTO 2. The fallowing replaces Paragraph b. In B.O., within such country or Jurisdiction,for Liability Other insurance, of SECTION IV BUST- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire,rent or borrow without a driver for b. For Hired Auto Physloal Damage Cover- a period of 30 days or leas and that is not an age,the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered"autos"you own: any of your"employees", partners(if you are a partnership),members(if you are a limited (1) Any covered "auto" you lease, hire, liability company)or members of their house- •, rent or borrow;and holds. (2) Any covered"cute"hired or rented by (a) With respect to any claim made or"sell" your "employee" under a contract In brought outside the United States of that Individual "employee's name, America, the territories and possessions with your permission,while perform- of the United States of America, Puerto ing duties related to the conduct of Rlco and Canada; your business: - (1) You must arrange to defend the"In- However,any"auto"that Is lensed,hired, sured"against,and investigate or set- rented or borrowed with a driver Is not a Ile any such claim or°suit"and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED titans. The following Is added to Paragraph A.1.,Who Is (11) Neither you nor any other Involved An Insured, of SECTION it— LIABILITY COV "insured" will make any settlement ERAGE: Without our consent. Any"employee"of yours Is an"Insured"while usr (Ill)We may,at our discretion,participate Ing a covered"auto"you don't own,hire or borrow in defending the"insured"against,or In your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS--INCREASED "suit". LIMITS (lv)We will reimburse the "Insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "Insured" legally must of SECTION Il—LIABILITY COVERAGE: pay as damages because of 4bodily Injury"or"property damage"to which (2) Up to $3,000 for cost of bail bonds (in- this Insurance applies, that the "in- cluding bonds for related Irafflo law viola- sured" pays with our consent, but lions)required because of an %ccldenf" only up to the limit described in Para- we cover, We do not have to furnish graph C., Limit Of Insurance,of SEC. those bonds. TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "Insured" for of SECTION 11--LIABILITY COVERAGE: the reasonable expenses Incurred (4) All reasonable expenses incurred by the with our consent for your Investiga- "Insured"at our request, including actual tion of such claims and your defense loss or earnings up to $500 a day be- of the "Insured" against any such cause of time off from work. "suit", but only up to and Included F. HIRED AUTO -- LIMITED WORLDWIDE COV- within the H des Ins In Fara- ERAGE—INDEMNITY BASIS graph N Limmit Of Insurance, of SECTION it — LIABILITY COVER- The following replaces Subparagraph(6)in Para- AGE,and not In additloh to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV -- BUSINESS AUTO CONDI- ends when we have used up the ap= TIONS: plicable limit of Insurance in pay- @) Anywhere In the world,except any country or meets for damages, settlements or Jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This Insurance Is excess over any valid United States of America applies to and pro• and collectible other Insurance available hibits the transaction of business with or Page 2 of 4 ®2010 The Travelers Indemnity Company. CA T3 53 0310 Includes oopydghted material of insurance Services Office,Inc.vdfh Ile permission. 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N. UNINTENTIONAL ERRORS OR OMISSIONS TfO % The following Is added to Paragraph 8.2., Con• coalment, Misrepresentation, Or Fraud, of SECTION IV—BUSINESS AUTO CONDITIONS., �tt�oWa�fer�t'yirgtlti reawi$ dya've The unintentional omisslon of, or unintentional a Jirit n-porgy , � ���pf��q`f����i �q��+e"�ex error in, any information given by you shall not t fi tip( you R l t n€ loot prejudice your rights under thEs Insurance. How- c11 s �led�i01�3��feiJ;p ��� `fit p�j���t'i ever this provision doss net affect our rlght to cal hp,"a4� nt MNI' ss; aat l n al pre a n of else our right of cancellation ar ses�. soP ope cans ion�rIale1; by' Page 4 of 4 a2010 The Travelers Indemnity Company. CA T3 53 0310 tncladas aopy4ghiod materiel of tMante mo Servloea Ofllce,Ma vtlth Its petmleslon.