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HomeMy WebLinkAboutPK16-317 - Original - Pacific Ace, LLC - Glenn Nelson Park Tennis Court Resurfacing - 08/08/2016 r IL� I x � 4 , .���i(t aTi �. Records Ma., erne' l BEN0,5 W,s����,oN � �_ Document r 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: PACIFIC ACE LLC. Vendor Number: ID Edwards Number Contract Number: ( C - This is assigned by City Clerk's Office Project Name: TENNIS COURT RESURFACING - GLENN NELSON PARK Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: AUGUST 9T" 2016 Termination Date: OCTOBER 15T" Contract Renewal Notice (Days): 7 days Number of days required notice for termination or renewal or amendment Contract Manager: QUIENTIN POIL Department: PARKS WEST OPERATION Contract Amount: $ 12,110.70 TAX INCLUDED Approval Authority: ® Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): GLENN NELSON PARK: 3216 S. 268T" ST KENT, WA Two tennis courts located at above address. adccW10877_8_14 ls� c �-T PUBLIC WORKS AGREEMENT between City of Kent and PACIFIC ACE LLC THIS AGREEMENT is made by and between the City of,Kent, a Washington municipal corporation (hereinafter the "City"), and PACIFIC ACE tI.0 organized under the laws of the State of WASHI aGTON, located and doing business at 3613 NE 361-AVE VANCOUVER, WA 98661 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: i. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or;specfications= Glenn Nelson park Tennis Courfi.. 3316 S. 268"ST KENT, WA Pressure wash and prep surface for repairs and resurfacing, Prep may include any grino-i sanding or leveling to':reduce standing water. Repair all bird baths/cracks and area mares by white paint. Areas marked in white paint need to be brought back to level with existing surface. Resurface teats of Fortified Piexs rave and one coat or sennis court area pin al coat e line with one 2 coats of textured cr filter coat, two p white standard tennis lines for Doubles and singles. Court color needs to match or close to cisrrent court color(interoor Florida Green/exterior California Rre�d). All work is to be performed to normal practices of the trades and manufacture specifications of all materials used.Contractor shall cleanup, re rive and properly dispose any and all related materials arW debris from job site. City of (tent will take down and replace tennis nets before 'start date and replace apon completion. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed, 21. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. upon, the effective date of this Agreement, Contractor shalt complete the work described in Section i within 45 days, III. COMPENSATION. The City stall pay the Contractor a total amount not to exceed TWELVE THOUSAND ONE HUNDRED TEN Dollars and seventy cents.-TAX INCLUDED, including any applicable 101ashington State Sales Tax, for the work and services contemplated in this Agreement, The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement, A. No Payment and Performance Bond. Because this contract, including applicable sales Lax, Is $35,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in Ileu of providing the City a payment and performance frond, has elected to have theCity retain the final Fifty percent (50%) of the Contract amount for a period of thirty (30) PUBLIC WORKS AGREEMENT x 1 Mays after the date cf final acceptance,or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor 8 Industries, and the State Employment Security Department, and until settler;ent of any liens filed under Chapter 60.28 RCW, whichever is later: B. efeckave or Unauthorized Work_ The City reserves its right tip withhold payment 9 Contractor for any defective or unauthoroP4 work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and e.xtra work and materials furnished without the City S written approval, If Contractor is linable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by;contract or otherwise, and;Contractor shall be liable to the City for any add' l incurred by the City. "Additional costs`shall mean all reasonable costs, including legal costs and attomey fees, incurred by the City beyond the ma�,dmum Contract peace specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional its, from any and all amounts due or to become due the Contractor. C- "I Payment: Waiver of Claims. THE CONTRACTORS ACCEPTANCE OF FINAL PAYMENT lEXCLUDING WITHHELD RF-TAINAGE) SHALT: CONSTITUTE A WAIVER. OF CONTRACTORS CLAIMS, EXCEPT THOSE PREVIOUSLY AND PPOPERLY MADE AND IDENTIFIED By CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MACE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The Parties ritend 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 maloe the following'representations- A, The Contractor has the ability to control and direct the perlormance ar,d details of its work, the City being interested only in the results obtained under this Agreement. S. The Contractor maintains and pays for its own place of busDress from which 1 Contractor's services under this Agreement will be performed, C. The Contractor bass are established .and irtiteperident buss that is eligible for a ' business deduction for federal income tax purpoyses that existed before the City' retained Contractor's Services and is a service other than that furnished by the City;'' Or the Contractor is engaged in an independently established trade, Occupation," profession,or business raf the same rat ure as that involved under this Agreement D. The Contractor is responsible for filing as they Dome due' all necessary tax documents with appropriate federaf and state agencies, including the Intarnal Revenue Service and the state Department or Revenue, E_ The Contractor ha=~ registered its busr s and established an account with the state Department of Revenue and other state agencies as maybe required by Contractor's business, and has obtained a Unified Business Identifier (usl) number from the State of'Washington_ F, The Cont"actor has a valid conctar registration pursuant to C _ I.8,27 RCW or an electrical contractor license pursuant to Ch. 19-28 RCW. G. The Contractor MainrauS a Set of boos dedicated to the e—. and earrings of its busutess. V: TERMINATION. The City may tr=m2inate this Agreement for good cause. "Good cause" shall include, without limitation,any one or more of the fallow€ng events: PUBLIC WORKS AGREEMENT-2 A. The Contractor's refusal or failure to supply a Sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractors failure to complete the work within the time specified in this Agreement, C. The Contractor's, failure to make full and prompt payment to subcontractors or for material or labor. D, The 'Contractor's persistent disregard of federal, State or local laws, rules or regulations, E. The Contractors filing for bankruptcy or becoming adjudged bankrupt F, The Contractor`s breach of any portion of this Agreement: If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take.possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall 'file a `Statement of Intent to Pay Prevailing Wages,"with the State of Washington Department of Labor& industries prior to commencing the Contract work. Contractor shall pax prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39�12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rote revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract woric during the performance of this Agreement, If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section or.this Agreement, section XV(D),..within fourteen (14) calendar (Jays of the elate Contractor 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 Contractor's costs or time for performance, the City will make an equitable adjustment The City will attempt,in good faith, to reach agreement with the Contractor ort:all equitable adiustment5. However, if the parties are unable to 'agree, the City will determine the equitable adjustment as it deems appropriate, the Contractor shall proceed with the change order work upon receiving eitherr a written change order from the City or an oral order from the City befom actually receiving the written change order- If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit Subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change:order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a, separate acceptance, of, (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute fall payment and final settlement of all claims for contract time and for direct, indirect and consequential costa, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written 'order, or an oral order from the City, including any direction, Instruction, interpretation, or, determination by the City,the Contractor may file a claim as provided in this Section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)calendar days of the date the Contractor knew or should have known of the facts or events giving rise t0 the claim, whichever occurs first , Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or PUBLIC WORKS AGRER4ENT-3 otherwise, shall be conclusively deemed to have been waived by the Contractor unless a tmzseh written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below, FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1, The date of the Contrdcd es claim, Z. The nature and circuMStanceSthat caused the claim, 3. The provisions in this Agreement thatsupport the claim, 4, Tha estimated dollar cost, if Any, of the claimed work and how that estimate was deter mined; and 5. An analysis of the programs schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. R ram. he Contractor snali 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 trine Contracctctor 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 adju t- No adjuSWIent will be made for an invalid protest. C, Contractors gtinLLp lComptete Protested Work, In spite of any dalm, the Contractor shall proceed promptly to provide the goods, materials and services required' by the:City under this;Agreement. O. allure to Prz)test CarsCrtu3e5 vllaruer_ By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts `morn the City any written or oral larder(including directions, instructions, interpretations, and determination), E. Failure to Follow Procedures Constitutes Waiver. By failing to:follow the procedures of this section, the Contractor'completely waives any claims for protested work anti accepts from the City any;written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY VEiti, FILE ANY #.#aNiS,IT ARISING FROM OR CONNECTED WITH THIS AGREEMENT IN 120 CALENDAR DAYS FROM THE BATE THE CONTRACT WORK IS COMPl.ZTS OR COOT C'7 OR} S ABILITY TO FILE THAT CLAIM OR SUIT ra1�ALL BE FOREVER BARRED. TgIIS SECTION FUR THEP LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD, X. WARRANTY, Contractor warrants that it will faithfully and satisfactorily perfsarrm all work provided under this Agreement in accordance with the provisions of this Agreement, The Contractor shalt promptly correct all defects in workmanship and materials; (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification fmm the City of the existence or. discovery of the detect. in the event arty Traits are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of 'be work.:hall extend for an additional year beyond the original warranty period applicable to the overati swor i, The Contractor shall begin to correct any defects within Seven (7)calendar days of it's receipt of notice from the City of the defect. If the Contractor dos not accomplish the corrections within a reasonable time as determined by the City, the City may complete the Corrections and the Contractor Shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the prawn of any sensory, mental. or physical disability, discriminate against, any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,Comply with City Administrative Policy 1.2,and upon completion of the WntraCt work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,''employees, agents and volunteers harmless from any and all clairnS, injuries, damages, losses or suits, including all legal costs and attorney fees, arising' out of or in connection with the Contractor's performance of this Agreement, exmpt for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be -grounds to avoid any of these Covenants of indemnification. Should a Court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.11$, then, in the event.of liability for dames arising.out of bodily injury to persons or damages.to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials,employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY 'CINDER INDUSTRIAL INSURANCE, TITLE 51 'RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER, In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnifrgtion clause, and of that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall,pay all the Clty's costs for defense, including all reasonable export witness fees, and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Coritracto r's part The provisions of this section shall survive the expiration or termination of this Agreement., XIII. INSURANCE. . The Contractor Shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference- XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose, All work shalt be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work XV. MISCELLANEOUS PROVISIONS. A. Recvcl�l�lg 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. PVU,UC WORKS AGREEMENT- 5 B. Non-Waiver of fir__ ash. 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 his Agreement in one or more instances shalt not be construed to be a waiver or relinquishrrrent of thou covenants, agree is or options, and the Barn a shall be and remain in full force and effect. C. Resolution of DiSOutes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Mate of Washington., If the parties are unable to settle any dispute, difference or claim arising from die parties" performances of this Agreement, the exclusive means of resolving that dispute, diffarance or claim, shall only be by filing suit erlusively 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 fair damages arisingifrom:ithe parties' performance of this Agreement, each party shalt pay all its legal costs and attocamey's fees incurred in defending or bringing such claim or lawsuit, including all appeals, ,n addition to any other recovery or award provided by taw, 2My±d however, nothing in this Paragraph shall be construed to limit the City's r ght to indemnification under Section XII of the Ag nt D_ Written ftotice, 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 writwn notice hereunder small become effective three (3) business days after the date of mailing by registered or I ertified mail, and shall be deemed sufficiently given if saint to the addressee at the address stated in this Agreement or such other address as may be hereafter sCserdf l in writing. E. Asste_m rnent. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. if the nor,-assigning pasty gives its cons"t to any assignment, the tears of thiss,Agreement Shall continue in full force and effect and no further assignment shall be made without additional written conseriL 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 authorfzed representative of the City and Contractor, ia. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shalt supersede all prior verbal statements of any officer or other representative of the city, and Such statements shalt not be effective or be cormStrued as entering into or forming a part of or altering in any manner this Agr rraerst. 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, time terms of this Agreement shall prevail. H moliance with taws., The Contractor agrees to comply with all federal, state, and municipal laws, rule;,, and. regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreemr,ent or accruing out of the performance of those operations, I. Public Records Act, The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter fit.% of the Revised Code of Washington and documents, notes, ernaals, and other records prepared or gathered by the Contractor in its performance of this Agreement Troy be subject to public review and disclosure, even' f those records are not produced to or possessed by the City of KanL As,such, the Contractor agrees to cooperate fully with the City In Satisfying the City S duties and obligations under the Public Records Act. 3. City Business Iucensa* R tzared. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of pent business license pursuant to Chapter 5.01 of the pent City Code." PUBt7CWORKSAGR EMEWT-6 K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by tax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. 'ONTRACTORa CM ENT: �9 BY' By: .uk�j P Name: Ai7� 1J Pint Name: GARIN LEE its JGfStf f1# Its:; PARKS OPERAMN (Wei SUPERINTENDANT DATE: , ilS1 1 C P DATE: A /,6l(- NOTICES TO BE SENT TO NOTICES TO BE SENT TO: CONTRACTOR- CITY OF KENTs Alex Havens f)UIENTIN POIL PACIFIC ACE LLC City of Kent 3613 ne 36" 220 Fourth Avenue South VANCOUVER Kent, IVA '98032 VANCOUVER, WA t pacificace,llc gmail.cam (253) 253-856-5127 (telephone) 503-320-8276 (telephone) (253) 253-856-6120 (Facsimile) (taLSimile) 5 lr4otroi.rw.rcar wrw tlw=koc7roeie n+wn ..m.tteranrtxki,r.km .x+r.i" PUBLIC WOWS AGRFFMFUT-7 DECLARATION N CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY NITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As sigh all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the C,ity`s equat 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 r€iquiretl 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 za breach of ciontract and it will be at the;City's'sole determination regarding suspension or termination for all or part of the Agreein g -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, car the presence of all sensory,'mental or physical disability. 3. puling 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 1, the prime contractor, will actively consider hiring and promotion of women and minorities. S. 5efore acceptance of this Agreement, an adherence statement wall be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set forth above. By signing below, i agree to fulfill the five requirements referenced above. By, Far. n C Au �P } Title:-ryii mrsY AJAxxfaav x.PninRl+x r r.xrr+ h CITY OF KENT ADMINISTRATIVE POLICY NUMBER: EFFECTIVE DATE: January 1, 1998 SUBJECT. MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY jm White, Mayor Pot_ICY: Equal employment opportunity requirements for the City of !'tent wilt 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 followJing duties for their respective departments, I 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity polipy, z, monitoring to assure adherence to federal, state and local laws, policies and guidelines. I ✓� .rtn2Rn.YYR.tYeF" M1P4X+99fiC41'M'T M1 I CITY OF KE7NT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall to filled out AFTER COMPLETION of this project by the ContraLtor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and are that the before-mentioned, company was the prime contractor for the Agreement known as that was entered into on the (date), between the farm T represent and the City of Kent. ii declare that e 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; Fcr; Title. Cate,, 9"PM5 AN'Rf{nry1 TYXMS+ M1+'SAex.aPwaW4M �h EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 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, Commercial General Liability and Builders Risk 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. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. G. 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. PACIFOS OP 90t LNI + GS A CERTIFICATE OF LIABILITY INSURANCE ICE G041071Lz 6 TtWS CERTIFICATE 13 &$$UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS tBPON THE CERT2FiCATE HOLDER. Tres CERT04CATS DOES NOT AFFAMATIVELY OR NEGATIVELY AMEND. EXTENO OR ALTER THE COVERAGE AFFORDED BY THE..POLICIES BELOW. TM CAR11FICATE Of INSURANCE DOES NOT CONSTTTUTE A CONTRACT MIWEEN THE =hNO WSAJR£R(Sp AUTHORIZED REPRFSlZNTATtW OR PRODUCER.AND THE CERTSFICAT'E tMPORTANT: IT 131E Geror"e hukAv +s on AWGiTIONAL 9NSUREO, ftW Puaty{SE,v)rhust be makvaed. it ' OCA"Mt 15 WANED.Wbicig M the tm nw and condmoos eA the potty,certain porrecc may require an mndorsarrwmL A SlAlAaWd al flux tediCicale dom not conNx riOMz to thm o"lit Ale ttoWErtnlku of sxicirm + s. rpdauctm L3rada b4CG_tlj�„_wsc m PO Har Af00 PatiSr Am, Iz x,r 603-716AG22 romm Groan.OR 9791E fp; t.,.yy Iinf3 8t5ttrAhCCR'AtIY -. -.... David Harrison � m...._...a �gsUWiN(Yj 4'fYMtYri:COMKRh'1` NA`CY ._ _. ?N5L*fxA 9ftio ds9CLRf1y Insurance Cc ..._.......,m.............- ip'A!. -PiiCfllC Ace LL.0 �. YrdypgEk B'OIT#OCazval. In3urance Ctl, i24074 Pacific Ace 3613E36th Avenue �Nm:9t8ao, _.-_..__.,_,..W.�.�.._e______i Vancouver,WA 4BS61. ! COVERAGES CERTIFICATE NUMSM. REtM'SM NUMBER: TWc IS TO CtRT rY TlQk T€+G.PO OVS O aviLWAKCE LI57EO SZICW FAVF BEEN IMZD TO TIE?}:"I�t'tRED NARCO AuCVC NNCR TIC$gCL±CY PEEMOO =fCAZCO. rNOTWTT?4ST NCN4C ATN^.r PFIXIREW-NT,TOW OR CONW.,K)N OC ANY CONI CA OTHER cXk,=`JWNT WITH REWF<7 TO WHICH THIS CERTIr,CATC.rVY uk L., EC CR MAY FFRTAIN. THE 174,10V:1tCE AFFORDED BY TIE POLIUCS C.C.^.t;*WLO WfRF,)N IS SLEtXCT TO AA,L THP TERMS, EXCI,=CFw AND CJTSCs'1 OW.OF$U:p I PO=CS..UtAl'Z tHO r^:.:MAC HAVE BF£N R E rAJrFD 6YPAZ �'ti TYF£dtF wa�lauxC= 'AtuL�uwe Erw .,. PCUvYti ptA.%'Y eXM j". t LffiffiPS A X.crwT,+>saw.oc-sr .at.wnwrr t,0 .00 .tA.uN:.emrx X $K5RSSG91'92. 'CiRf2Sr20TE 17' i cwcrt+rc i=._3__=^+'�. 5 1 SQ•00 3C6">.t f+n am S�cNN S 16.0ou a Act ruurw xe.r x 2 80t1,IIp AA1T9f,Kx9kE LtoRzlit'Y - A .9F=am AGi:o .E3AS639m991? _ lVol2615 121A172mTS •b runty*e ns+-.'.w1 .s_.... _ I hLI[(Y.i t...e..u�xG a y.k%,Y YA+tiY✓�i�waWmv, & __ i _ (PN1"i-Y-iYv liPklli'fi .. i J(S fF,tlttPElsJ,UA8 X dCP]R 20m'vo 8 rAcrsetup �iRn6e j nrt uarYi USOE31=?fr85 1?701P:g15_ 12,'41tZ91B ,c:ra«wn z 2,1�9.9t} .az� «rtrrtrr,.v MOOD; I s ' oc cur' tYYIN A AAY GF4?WE"-4fcfA+tYtRUkxeC°.FCIe tr Ar-z aexs'A'NS 6 o�h.ktbldtifln_t iRi:LrRs1 . �INfA "f Hwx-esttrt'm uvkv - ,.. CLYladfi"'K1H:1 t±F'+Y2Fi11kL4 Crtrw �. `L.. (Wa A.ia iFaXY:WQ S_ A P9000 BX55980$112 OdPZ Dig 54 12017(Poll Llab 1,00£,00 : UEECNIWYkkIfN%i�RA514Ytd tYUL:AtiLv+%rVENtCLt:5 JKY1Hib tpx,Mh:lti'vm3.11wwtkt Orr Wubu3mtl dmann gsemae�Grot 9 i carix£'iaatp Holr$Ar lA Additln"I TAATI,Ni r` r ra=w CC8584 "-113, t=8910 aC-23 attached w s-_gt1msd by mitten eo t.ae: zsb)zct to po?icv tc.-ms, cond Lions a,�d r.Xulur+; emn-y9 DAY q�c c.<ailn3 is.n poi' rv'va rf RO5-1 CERTIFICATE HOLDER CANCELLATION - SHOVLOMY OF TW.ADOVt t+ESCRj5DE7 s ft K'AHCI'LLED BEFORE , Ci QI KentiE EMRPATION DATETEs'cRGti3F, NOTCS. WILL 6EY4lWW tN ACCORDANCttnf'Hi THE POLCY PROVISICOM 220 Fourth Avehoo South Kent,WA 58032 Aun+cN[rrn aH-s«ssFNrx trtc 9,70'"y/ 0198E-2,014 ACORD CORPORATION. AH rights reawee f. ACORD 25(201401) The ACORD narAe And no-go are regimtered rmWk9 6TA,CORD RESURFACING TENNIS COURTS Request for Bids Bids Due: June 15"2016 City of Kent Parks Maintenance Building 5821 s 2401" Kent,WA 98032 Or Email to anoil(a�kentwa.eov • No bids accented after 12r00 noun June I P 2016 Project Manager: Quientin Poil Ph—253-856-5127 Scope of Work: Two City of Kent Parks needing tennis court resurfacing 1 -Work to be performed at Turnkey Park. Address: 23312 1001^ Ave SE Kent WA Tennis Court Pressure wash and prep surface for resurfacing. Repair all cracks and bird baths. Cracks will be marked out with white paint. Cracks to be replaced with Riteway Crack Repair System, or proof of equal or better product with the approval of City of Kent project manager. Resurface entire tennis area within fence line with Plexipave or Nova surfacing or other product with proof of equal or superior product approved by the City of Kent Project Manager. Remove and Replace all 4 anchors and post with Douglas - Edwards Classic Round Green Tennis Post. Use diagram accompanying this bid for install specification. Exhibit A Court color needs to match or close two current court color. Repaint standard regular tennis dimensions with single and doubles dimensions. All work is to be performed to normal practices of the trades and manufacture specifications of all materials used. Contractor shall cleanup, remove and properly dispose any and all related materials and debris from job site. Basketball Court - adjacent to Tennis court Pressure Wash and prep half-court basketball area for sealcoating. Remove existing basketball court pole and replace with Bison Ultimate basketball system, BA-871-BK from Bison products. Follow install specification in Exhibit B. Seal-coat entire asphalt basketball court area and repaint half court to High School dimensions include High School three point line with key. All work is to be performed with normal practices of the trades and manufacture specifications of all materials used. Contractor shall cleanup, remove and properly dispose any and all related materials and debris from job site. 2 - Work to be done at Glenn Nelson Park. Address 3216 S. 268"' St Kent WA Tennis Court Pressure wash and prep surface for repairs and resurfacing. Repair all bird baths and area marked by white paint. Areas marked in white paint need to be brought back to level with existing surface. Resurface entire tennis court area within fence line with Plexipave or Nova surfacing or other product with proof of equal or superior product with approval from City of Kent Project Manager. Remove and Replace all 4 anchors and post with Douglas - Edwards Classic Round Green Tennis Post. Use diagram accompanying this bid for install specification. Exhibit A Court color needs to match or close to current court color. Repaint standard regular tennis dimensions with single and doubles dimensions. All work is to be performed to normal practices of the trades and manufacture specifications of all materials used. Contractor shall cleanup, remove and properly dispose any and all related materials and debris from job site. Ouestion contact Proiect Manager - Ouientin Poll 253-856-5127 Cost Estimate: Waiting on contractor bids. Prevailing wage required. References: Please list any references we may contact providing contact name and number. Contract/Time of Completion: All work must be completed within 30 days of letter to proceed. Insurance: • Certificate of insurance will be required, if awarded contract. w PACIFIC ACE LLC Surfacing Solutions www.pacificace.net f Alex Havens PRESIDENT 503. DATE: 6/14/2016 CUSTOMER: City of Kent Attn: Quientin Poil 5821 S 240th Kent, WA 98032 253-856-5127 spoil@kentwa.00v ,..a.yrt4 w.. .., G 1' Ux3fiE,RY .._, i1`sl, -. :"- LCI4ATYGN vsAltf�El 'TIEfik. S h , Alex Havens Glenn Nelson Park 5%down, Full on Comg Summer 2016 TM;`NO r , iNUXIT-PRICL , TOTAL,,'I , > _ { Glenn Nelson Park: 3216 S. 268th St Kent, WA 2 Plexipave Surfacing System 5335.00 10,670.00 Prep: Pressure wash, Fill cracks, fill depressions Scarify root damaged areas, patch and sand to level 1 Coat Acrylic Resurfacer 2 Coats Fortified Plexipave Standard tennis lines 1 seal coat, 2 coats textured white Colors: Interior Florida Green/exterior California Red 2 Remove and replace center anchors 195.000 390.00 SUB TOTAL: 11,060.00 SALES TAX: 1,050.70 GRAND TOTAL: 12,110.70 BY: PACIFIC ACE LLC ACCEPTED DATE COMMERCIAL GENERAL LIABILITY i CG 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or ffi organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires 5 s that such person or organization be notified in the event of cancellation. � . SCHEDULE 1. Name: CITY OF KENT 2. Address: 400 W GOWE ST 114 KENT, WA 98032 3. Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. ® 2011 Liberty Mutual Agency Corporation.All rights reserved. CG 80 61 05 11 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 1 '.. COMMERCIAL GENERAL LIABILITY CG 85 84 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. '.. ADDITIONAL INSURED - DESIGNATED OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF KENT 400 W GOWE ST 114 KENT, WA 98032 Location And Description Of Completed Operations: CRACK REPAIR AND RESURFACING OF 5 TENNIS COURTS 2015 GARRISON CREEK AND WEST FENWICK PARKS IN KENT, WA (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule, whom you have agreed to add as an additional in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that Is the subject of the written contract or written agreement and at the location designated in and described in the Schedule of this endorsement; and 2. Included in the "products-completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". © 2013LIberty Mutual Insurance CG 85 84 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: The insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. —_ C. With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. D. With respect to the insurance afforded by this endorsement, Section IV -Commercial General Liability " Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties in The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable. a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. Paragraph 4., of Section IV -Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non- contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. Q 2013 Liberty Mutual Insurance CG 85 84 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 85 84 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Kent 220 Fourth Ave S KENT, WA 98032 Location And Description Of Completed Operations: Tennis court resurfacing 08/08/2016 Glenn Nelson Park - Kent, WA Turnkey Park - Kent, WA (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule, whom you have agreed to add as an additional in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work performed for that additional insured that is the subject of the written contract or written agreement and at the location designated in and described in the Schedule of this endorsement; and 2. Included in the 'products-completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". © 2013 Liberty Mutual Insurance CG 85 84 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: The insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. e 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any = professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and e b. Supervisory, inspection, architectural or engineering activities. C. With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. D. With respect to the insurance afforded by this endorsement, Section IV -Commercial General Liability a Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties in The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable. a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. Paragraph 4., of Section IV -Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non- contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. O 2013 Liberty Mutual Insurance CG 85 84 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 PACIF08 OP ID:LM CERTIFICATE OF LIABILITY INSURANCE O08118/201 YY) �.✓ osr18r2o1s 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 McCoy WSC Insurance PHGN o t.503-357.3164 ac Na:503-716-1022 Forest Box 128e 2000 Pacific Ave. Forest Grove, OR 97116 E-MAIL lindam wscinsurance.com David Harrison,CIC ADDRESS, _ INSURERS AFFORDING COVERAGE NAICp INSURER A:Ohio Security Insurance Co INSURED Pacific Ace LLC INSURER B:Ohlo Casualty Insurance Co. 24074 Pacific Ace INSURER C: 3613 NE 36th Avenue — Vancouver,WA 98661 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFINSURANCE ODL SUBR NqQ POLICYNUMBER POLICY EFF POLICYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE FX]OCCUR X BKS63909112 04/2312016 04/2312017 j PREMISES Ea occurrence IS 100,00 MED EXP(Anyone Person) $ 15,00 PERSONAL B ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY PRO- ❑ LOG PRODUCTS-COMP/OP AGG $ 2,000,00 ECT OTHER: $ AUTOMOBILE LIABILITY COMBINED N L $ 1,000,00 Ea accident A X ANY AUTO BAS53909112 12/0112015 12101/2016 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED 1 PROPERTY DAMAGE $ HIREDAUTOS H AUTOS Per accident $ X IUMBRELLALIAB I X OCCUR EACH OCCURRENCE $ 2,000,00 B EXCESS UAB CLAIMS-MADE US056132665 12O112016 12/0112016 AGGREGATE $ 2,000,00 OED X RETENTION$ 10,000 $ WORKERS COMPENSATION STATUTE ERH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT $ OFFICERNEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,desar be under DE SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT It A Pollution BKS63909112 04/23/2016 04/2312017 Poll Liab 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if rare apace Is required) Re: Glen Nelson Park/Turnkey Park-Certificate Holder is Additional Insured per form CG8584 04-13, CG8810 04-13 attached as required by written contract subject to policy terms, conditions and exclusions-30 Day Cancellation per form CG8061. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CO 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGETO PROPERTY RENTED TO YOU (Tenants Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 3 ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION-MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services office,Ina,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section 1 - Coverage A Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. it Is not owned by any insured; 2. It is hired,chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate,Issued by the duly constituted authority of the United States of America or Canada,designating her or him a commercial or airline pilot;and 4. It is not being used to carry persons or property for a charge. However,the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary, excess (other than insurance written to apply specifically In excess of this policy), contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g.Aircraft Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A- Bodily injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision,elevators do not include vehicle lifts.Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance,Paragraph b.Excess Insurance. The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary,excess,contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs(1),(3) and(4)of this exclusion do not apply to "property damage" (other than damage by fire,lightning,explosion,smoke,or leakage from an automatic fire protection system)to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. O 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2.Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage ` from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage 7o Premises Rented To You as described in Section 111-Limits Of Insurance. 2. Paragraph 8.under Section III-Limits Of Insurance is replaced by the following: 8. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection Sys- tems;or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement,is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded;the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section 1 -Coverage C-Medical Payments,Subparagraph (b)of Paragraph a.Is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 1. Under Supplementary Payments-Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d.Is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf,in the performance of your on going operations for the additional insured that are the subject of the written contractor written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises orfacilities rented by you or used by you;or c. The maintenance,operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising Injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent,or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (h) The construction,erection,or removal of elevators; or (c) The ownership,maintenance,or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide far such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured underthis endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.e.above,this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV-Commercial General Liability Condi- tions. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily Injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury"or"property damage"occurs. c. "Bodily injury", "property damage" or"personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders or drawings and specifications; or (2) Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of,or the failure to render,any professional architectural,engineering or surveying services. d. "Bodily injury"or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project(other then service, maintenance or repairs)to be performed by or on behalf of the additional Insured(s)atthe location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3- With respect to the Insurance afforded to these additional insureds,the following is added to Section Ili -Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contractor agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a.Primary insurance: If an additional Insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional Insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. ® 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 5 of 8 b. The fallowing is added to Paragraph b.Excess Insurance. When a written contract or written agreement,other than a premises lease,facilities rental contract or agreement,an equipment rental or lease contract or agreement,or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured,this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured on other policies. I. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2.Duties In The Event Of Occurrence,Offense,Claim or Suitt An additional Insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified Ina written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION-MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II-Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you,to your partners or members(if you area partnership or joint venture),to your members(if you are a limited liability company),to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the Injury described in Paragraphs(1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health rare services.However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a)and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you.Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising Injury" arising out of their willful conduct,which Is defined as the purposeful or willful Intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their Intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your"employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3,of Section If-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there Is no other similar insurance available to that organization.However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an Insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV-Commercial General Liability Conditions,the following is added to Condition B.Repre- sentations: Your failure to disclose all hazards or prior"occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" Is not intentional. M. KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT Under Section IV-Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence,Offense,Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in Itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section 11-Who is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V-Definitions,Definition 3.Is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions,the following is added to Condition 8.Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations.or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contractor written agree- ment. ® 2013 Uborty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 8 of 8