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PK16-383 - Original - Purcell Painting & Coatings - Kent Commons Repair and Paint Walls - 11/04/2016
t iU�ii asatx Records a K�NT Document W(9HIHGTON - p t�i } ^ CONTRACT COVER SHEET i 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: Purcell Painting & Coatings Vendor Number: JD Edwards Number Contract Number: M1 (a- 6_7> This is assigned by City Clerk's Office Project Name: Repair & Paint Walls - (4) Racquetball Courts at Kent Commons Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ❑ Other: Contract Effective Date: 11/04/16 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks, Facilities Contract Amount: $29,227.45 Approval Authority: (CIRCLE ONE) Department DirectorMayor� City Council � Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 I • KENT W.s xixorox PUBLIC WORKS AGREEMENT between City of Kent and Purcell Painting & Coatings THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Purcell Painting & Coatings , organized under the laws of the State of Washington, located and doing business at 6456 South 144`h St„ Tukwila, WA 98168, Charles Catlett, 206 835-6878, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Purcell Painting & Coatings will provide all labor and materials to remove existing coating, make all necessary repairs, and install new coating system in the four racquetball courts at the Kent Commons facility, 525 4th Avenue North, Kent, 98032, in accordance with Proposal dated October 12, 2016 , which is attached as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described In Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $29,227,45, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond, Pursuant to Chapter 39,08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. JRetainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a PUBLIC WORKS AGREEMENT - 1 (Over$20K, but$65K or Less, and Performance Bond) fund by the City pursuant to RCW 60,28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the Clty's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, Including legal costs and attorney fees, Incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B, The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and Independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW, G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: PUBLIC WORKS AGREEMENT - 2 (Over$20K, but$65K or Less, and Performance Bond) A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work, B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages In effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries Is attached. VII. CHANGES, The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change Increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, Including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or PUBLIC WORKS AGREEMENT - 3 (Over$20K, but$65K or Less, and Performance Bond) otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the Information set forth in subsections A, items 1 through S below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY, A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time Incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, Instructions, Interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver, By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (Including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall 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 from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within PUBLIC WORKS AGREEMENT- 4 (Over$20K, but$65K or Less, and Performance Bond) i a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs Incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, Insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires Its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. PUBLIC WORKS AGREEMENT - 5 (Over$20K, but$65K or Less, and Performance Bond) 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 XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated In this Agreement or such other address as may be hereafter specified in writing. E. Asslgnment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering In any manner this Agreement, All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emalls, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 6 (Over$20K, but$65K or Less, and Performance Bond) K. Counteroarts and Signatures by Fax or Email, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: y: yh 4._ ature}}b, - signature) Print Nie: a o-� d- el Print„Nami:Sugdtte Cooke Its; Mayor title) DATE: DATE:— NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Charles Catlett Nancy Clary Purcell Painting &Coatings 6456 South 144�h St City of Kent Tukwila, WA 98168 220 Fourth Avenue South Kent, WA 98032 206 835-6878(telephone) 206 835-6979(facsimile) (253) 856-5084(telephone) (253) 856-6080(facsimile) APPRQYED AS TO FORM: I pf aw D rtment PUBLIC WORKS AGREEMENT- 7 (Over$20K, but$65K or Less, and Performance Bond) '.. i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and It will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2, During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer, 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contrac,&J tlpat the Prime Contractor complied with the requirements as set forth above. By signing dell I gr R to fulfill the five requirements referenced above. 7 r p By: For: Purce P&C, LLC Title: President ® Date: AI�?,Pr 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 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 KENT PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing In the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this Instrument under their separate seals. The name and corporate seal (if required by PAYMENT AND PERFORMANCE BOND Page 1 of 2 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: PRINCIPAL (enter principal's name above) BY: TITLE: DATE: DATE: CORPORATE SEAL: PRINT NAME DATE: SURETY CORPORATE SEAL: BY: DATE: TITLE: ADDRESS: CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY PIICIVII\i0rma\[OnkatlaReleeaas\Per/ormanfeeoiW.Jaf PAYMENT AND PERFORMANCE BOND Page 2 of 2 Page 1 of 20 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 10/12/2016 Count Trade Job WageHolidayOvertimeNote; Classification King Asbestos Abatement Journey Level $45.25 5D I Workers ;King Boilermakers Journey Level $64.29 5N 1C !King Brick Mason Journey Level $54.32 5A 1M ,King Brick Mason Pointer-Caulker-Cleaner $54.32 5A 1M `King Building Service Employees Janitor $22.84 5S 2F King Building Service Employees Traveling $23.29 5S 2F Waxer/Shampooer :King Building Service Employees Window Cleaner(Non- $23.99 5S 2F Scaffold) .King Building Service Employees Window Cleaner $26.78 55 2F (Scaffold) :King Cabinet Makers fin Shop) Journey Level $22.74 _ 1 .King Carpenters Acoustical Worker $55.51 5D 4C King Carpenters Bridge, Dock And Wharf $55.51 5D 4C Carpenters 1 I King Car ep nters Carpenter $55.51 5D 4C :_King Carpenters Carpenters on $55.64 5D 4C Stationary Tools ;King Carpenters Creosoted Material $55.61 5D 4C King Carpenters Floor Finisher $55.51 5D 4C King Carpenters Floor Layer $55.51 5D 4C !King Carpenters Scaffold Erector $55.51 5D 4C King Cement Masons Journey Level $55,56 7A 1M sKing Divers a Tenders Diver $108.77 5D 4C 8A iKing Divers Et Tenders Diver On Standby $66.05 5D 4C ;King Divers @ Tenders Diver Tender $59.881 5D 4C https://fortress.wa.gov/lni/wagelookup/prvWagelookL>p.aspx 10/17/2016 Page 2 of 20 King Divers Et Tenders Surface Rcv Et Rov $59.88 5D 4C Operator King Divers ft Tenders Surface Rcv Ft Rov $55.76 5A 4C Operator Tender King Dredge Workers Assistant Engineer $56.44 5D 3F King Dredge Workers Assistant Mate $56.00 5D 3F (Deckhand) 'King Dredge Workers Boatmen $56.44 5D 3F ,'King Dredge Workers Engineer Welder $57.51 5D 3F ;King Dredge Workers Leverman, Hydraulic $58.67 5D 3F King Dredge Workers Mates $56.44 5D 3F King Dredge Workers Oiler $56.00 5D 3F King DUWall AWlicator Journey Level $55.51 50 1 H King Drywall Tapers Journey Level $55.66 5P 1E King Electrical Fixture Journey Level $27.24 5L 1E Maintenance Workers King Electricians - Inside Cable Splicer $69.77 7C 4E ;King Electricians - Inside Cable Splicer (tunnel) $74.95 7C 4E King Electricians - Inside Certified Welder $67.41 7C 4E King Electricians - Inside Certified Welder $72.37 7C 4E (tunnel) ,King Electricians - Inside Construction Stock $37.94 7C 4E Person `King Electricians - Inside Journey Level $65.05 7C 4E King Electricians - Inside Journey Level (tunnel) $69.77 7C 4E 'King Electricians -Motor Shop Craftsman $15.37 1 ;King Electricians -Motor Shop Journey Level $14.69 1 tKing Electricians - Powerline Cable Splicer $71.85 5A 4D Construction f King Electricians - Powerline Certified Line Welder $65.71 5A 4D Construction King Electricians - Powerline Groundperson $44.12 5A 4D Construction King Electricians - Powerline Heavy Line Equipment $65,71 5A 4D Construction Operator ,King Electricians - Powerline Journey Level $65.71 5A 4D i Construction Lineperson !King Electricians - Powerline Line Equipment $55.34 5A 4D Construction Operator King Electricians - Powerline Pole Sprayer $65.71 5A 4D Construction King Electricians - Powertine Powderperson $49.16 5A 4D Construction 'King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $85.45 7D 4A ;King Elevator constructors Mechanic In Charge $92.35 7D 4A King Fabricated Precast All Classifications - In- $16.55 5B 111 Concrete Products Factory Work Only King Fence Erectors Fence Erector $15.18 1 'King Flaggers Journey Level $38.36 7A 31 https:Hfortress.wa.gov/hii/wagelooktip/prvWagelookup.aspx 10/17/2016 I I, Page 3 of 20 'King Glaziers Journey Level $58.311 7L I 1Y :King Heat iz Frost Insulators And Journeyman $65.43 51 15 Asbestos Workers 'King Heating Equipment Journey Level $75.46 7F 1E Mechanics King Hod Carriersli Mason Journey Level $46.66 7A 31 Tenders King Industrial Power Vacuum Journey Level $9.47 1 Cleaner i ,King Inland Boatmen Boat Operator $56.78 5B 1K jKing Inland Boatmen Cook $53.30 5B 1K King Inland Boatmen Deckhand $53.30 5B 1K J,King Inland Boatmen Deckhand Engineer $54,32 5B 1K "9King Inland Boatmen Launch Operator $55.57 5B 1K King Inland Boatmen Mate $55.57 5B 1K 'King Inspection/Cleaning/Sealing Cleaner Operator, $31.49 1 Of Sewer 8 Water Systems Foamer Operator By Remote Control (King Inspection/Cleaning/Sealing Grout Truck Operator $11.48 1 Of Sewer &Water Systems By Remote Control -'King Inspection/Cleaning/Sealing Head Operator $24.91 1 Of Sewer Ft Water Systems By Remote Control King Inspection/Cleaning/Sealing Technician $19.33 1 Of Sewer&Water Systems By Remote Control ;King Inspection/Cleaning/Sealing Tv Truck Operator $20.45 1 Of Sewer a Water Systems By Remote Control ?King Insulation Applicators Journey Level $55.511 5D 4C King Ironworkers Journeyman $65.53 7N 10 "King Laborers Air, Gas Or Electric $45.25 7A 31 Vibrating Screed ,King Laborers Airtrac Drill Operator $46.66 7A 31 King Laborers Ballast Regular Machine $45.25 7A 31 King Laborers Batch Weighman $38.36 7A 31 King Laborers Brick Pavers $45.25 7A 31 King Laborers Brush Cutter $45.25 7A 31 King Laborers Brush Hag Feeder $45.25 7A 31 King Laborers Burner $45.25 7A 31 '!King Laborers Caisson Worker $46.66 7A 31 jKing Laborers Carpenter Tender $45.25 7A 31 King Laborers Caulker $45.25 7A 31 'King Laborers Cement Dumper-paving $46.o9 7A 31 ;King Laborers Cement Finisher Tender $45.25 7A 31 I EKing Laborers Change House Or Dry $45.25 7A 31 Shack ;King Laborers Chipping Gun (under 30 $45.25 7A 31 Lbs.) https://fortress.wa.gov/lni/Wageloolctip/PrvWagelookup.aspx 10/17/2016 i Page 4 of 20 King Laborers Chipping Gun(30 Lbs. $46.09 7A 31 And Over) King Laborers Choker Setter $45.25 7A 31 King Laborers Chuck Tender $45.25 7A 31 King Laborers Clary Power Spreader $46.09 7A 31 King Laborers Clean-up Laborer $45.25 7A 31 ,King Laborers Concrete Dumper/chute $46.09 7A 31 Operator King Laborers Concrete Form Stripper $45.25 7A 31 King Laborers Concrete Placement $46.09 7A 31 Crew King Laborers Concrete Saw $46.09 7A 31 Operator/core Driller King Laborers Crusher Feeder $38.36 7A 31 King Laborers Curing Laborer $45.25 7A 31 'King Laborers Demolition: Wrecking a $45.25 7A 31 Moving (inct. Charred Material) King Laborers Ditch Digger $45.25 7A 31 ;King Laborers Diver $46,66 7A 31 ;King Laborers Drill Operator $46.09 7A 31 (hydraulic,diamond) ^King Laborers Dry Stack Walls $45.25 7A 31 ^King Laborers Dump Person $45.25 7A 31 iKing Laborers Epoxy Technician $45,25 7A 31 iKing Laborers Erosion Control Worker $45.25 7A 31 !King Laborers Fatter Et Bucker Chain $46.09 7A 31 Saw FKing Laborers Fine Graders $45.25 7A 31 (King Laborers Firewatch $38.36 7A 31 King Laborers Form Setter $45.25 7A 31 ;King Laborers Gabian Basket Builders $45.25 7A 31 King Laborers General Laborer $45.25 7A 31 j iKing Laborers Grade Checker£t $46.66 7A 31 Transit Person King Laborers Grinders $45.25 7A 31 'King Laborers Grout Machine Tender $45.25 7A 31 iKing Laborers Groutmen (pressure) $46.09 7A 31 including Post Tension Beams King Laborers Guardrail Erector $45,25 7A 31 King Laborers Hazardous Waste $46.66 7A 31 Worker (level A) King Laborers Hazardous Waste $46.09 7A 31 Worker (level B) King Laborers Hazardous Waste $45.25 7A 31 Worker (level C) King Laborers High Scaler $46.66 7A 31 King Laborers Jackhammer $46.09 7A 31 iKing Laborers Laserbeam Operator $46.09 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/17/2016 Page 5 of 20 (King 11,aborers .Maintenance Person $45.251 7A 1 31 King Laborers Manhole Builder- $46.09 7A 31 mudman King Laborers Material Yard Person $45.25 7A 31 ::King Laborers Motorman-dinky $46.09 7A 31 Locomotive yKing Laborers Nozzleman (concrete $46.05 7A 31 Pump, Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete a Rock, Sandblast, Gunite, Shotcrete, Water Bla ;King Laborers Pavement Breaker $46.091 7A 31 :King Laborers Pilot Car $38.36 7A 31 ;,King Laborers Pipe Layer Lead $46.66 7A 31 — iKing Laborers Pipe Layer/tailor $46.09 7A 31 King Laborers Pipe Pot Tender $46.09 7A 31 King Laborers Pipe Reliner $46.09 7A 31 King Laborers Pipe Wrapper $46.09 7A 31 King Laborers Pot Tender $45.25 7A 31 :King Laborers Powderman $46.661 7A 31 .King Laborers Powderman's Helper $45.251 7A 31 'King Laborers Power Jacks $46.09 7A 31 ,King Laborers Railroad Spike Puller- $46.09 7A 31 Power King Laborers Raker-Asphalt $46.66 7A 31 ;King Laborers Re-timberman $46.66 7A 31 King Laborers Remote Equipment $46.09 7A 31 Operator King Laborers Rigger/signal Person $46.091 7A 31 King Laborers Rip Rap Person $45.251 7A 31 ;King Laborers Rivet Buster $46,091 7A 31 !King Laborers Rodder $46.091 7A 31 ;King Laborers Scaffold Erector $45.251 7A 31 „King Laborers Scale Person $45.251 7A 31 !King Laborers Sloper (over 20") $46.09 7A 31 ::King Laborers Sloper Sprayer $45.251 7A 31 ,King Laborers Spreader (concrete) $46.091 7A 31 ;King Laborers Stake Hopper $45,251 7A 31 'King Laborers Stock Pi ter $45.25 7A 31 €King Laborers Tamper a Similar $46.09 7A 31 Electric, Air Et Gas Operated Tools ,King Laborers Tamper (multiple a $46.09 7A 31 Self-propelled) ;King Laborers Timber Person - Sewer $46.09 7A 31 (lagger, Shorer a Cribber) littps://fortfess.wa.gov/lni/wageloolmp/prvWagelookup.aspx 10/17/2016 Page 6 of 20 ; King Laborers Toolroom Person (at $45.25 7A 31 Jobsite) King Laborers Topper $45.25 7A 31 :King Laborers Track Laborer $45.25 7A 31 King Laborers Track Liner(power) $46.09 7A 31 King Laborers Traffic Control Laborer $41.02 7A 31 8R King Laborers Traffic Control $41.02 7A 31 8R Supervisor ;King Laborers Truck Spotter $45.25 7A 31 ;King Laborers Tugger Operator $46.09 7A 31 ;King Laborers Tunnel Work- $83.12 7A 31 Compressed Air Worker 0-30 psi jKing Laborers Tunnel Work- $88.15 7A 31 88 Compressed Air Worker 30.01.44.00 psi King Laborers Tunnel Work- $91.83 7A 31 S Compressed Air Worker 44,01.54.00 psi IKing Laborers Tunnel Work- $97.53 7A 31 j Compressed Air Worker 54.01.60.00 psi IKing Laborers Tunnel Work- $99.65 7A 31 S Compressed Air Worker 60.01-64.00 psi King Laborers Tunnel Work- $104.75 7A 31 8�C Compressed Air Worker 64.01.68.00 psi King Laborers Tunnel Work- $106.65 7A 31 S Compressed Air Worker 68.01-70.00 psi !King Laborers Tunnel Work- $108.65 7A 31 8� j Compressed Air Worker 70.01.72,00 psi lKing Laborers Tunnel Work- $110.65 7A 31 Compressed Air Worker 72.01-74.00 psi ;King Laborers Tunnel Work-Guage and $46.76 7A 31 8� Lock Tender (King Laborers Tunnel Work-Miner $46.76 7A 31 8Q :King Laborers Vibrator $46.09 7A 31 ":King Laborers Vinyl Seamer $45.25 7A 31 King Laborers Watchman $34.86 7A 31 :King Laborers Welder $46.09 7A 31 "King Laborers Well Paint Laborer $46.09 7A 31 King Laborers Window Washer/cleaner $34.86 7A 31 ;King Laborers - Underground General Laborer & $45.25 7A 31 Sewer Et Water Topman ;King Laborers - Underground Pipe Layer $46.09 7A 31 Sewer Et Water King Landscape Construction Irrigation Or Lawn $13.56 1 Sprinkler Installers https://fortress.wa.gov/lni/wagelool,,up/prvWagelookup.aspx 10/17/2016 Page 7 of 20 King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers ``King Landscape Construction Landscaping or Planting $17.87 1 Laborers King Lathers Journey Level $55.51 5D I ;King Marble Setters Journey Level $54.32 5A 1M King Metal Fabrication {In Sho Fitter $15.86 1 King Metal Fabrication (In Shop) Laborer $9.78 1 `King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 .King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $57,01 5D 4C King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 s,King Modular Buildings Plumber $11.56 1 'King Modular Buildings Production Worker $9.47 1 King Modular Buildings Tool Maintenance $11.56 1 'King Modular Buildings Utility Person $11.56 King Modular Buildings Welder $11.56 1 „King Painters Journey Level $40.60 6Z 2B :King Pile Driver Journey Level $55.76 5D 4C ';King Plasterers Journey Level $53.20 1R ;King Playground & Park Journey Level $9.47 1 Equipment Installers King Plumbers 8: Pipefitters Journey Level $75.06 6Z 1G ;King Power Equipment Operators Asphalt Plant Operators $58.69 7A 3C 8P 'King Power Equipment Operators Assistant Engineer $55.21 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $58.17 7A 3C 8P ;King Power Equipment Operators Batch Plant Operator, $58.17 7A 3C 8P Concrete ;King Power Equipment Operators Bobcat $55.21 7A 3C 8P j 'King Power Equipment Operators Brokk - Remote $55.21 7A 3C 8P Demolition Equipment .King Power Equipment Operators Brooms $55.21 7A 3C 8P ;King Power Equipment Operators Sump Cutter $58.17 7A 3C 8P 'King Power Equipment Operators Cableways $58.69 7A 3C 8P ;King Power Equipment Operators Chipper $58.17 7A 3C 8P ;King Power Equipment Operators Compressor $55.21 7A 3C 8P )King Power Equipment Operators Concrete Pump: Truck $58.69 7A 3C 8P Mount With Boom Attachment Over 42 M =,King Power Equipment Operators Concrete Finish Machine $55.21 7A 3C 8P -laser Screed 'King Power Equipment Operators Concrete Pump - $57.72 7A 3C 8P Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. https:Hfortress.wa.gov/lni/wagelookup/prvWageloolwp.aspx 10/17/2016 Page 8 of 20 King Power Equipment Operators Concrete Pump: Truck $58.17 7A 3C 8P Mount With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $57.72 7A 3C 8P King Power Equipment Operators Cranes Friction: 200 $60.47 7A 3C 8P tons and over King Power Equipment Operators Cranes: 20 Tons $58.17 7A 3C 8P Through 44 Tons With Attachments King Power Equipment Operators Cranes: 100 Tons $59.28 7A 3C 8P Through 199 Tons, Or 150'Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 tons- 299 $59.88 7A 3C 8P tons, or 250' of boom including jib with attachments King Power Equipment Operators Cranes: 300 tons and $60,47 7A 3C 8P over or 300' of boom including jib with attachments f King Power Equipment Operators Cranes: 45 Tons $58.69 7A 3C 8P Through 99 Tons, Under 150'Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 $55.21 7A 3C 8P Tons And Under ;King Power Equipment Operators Cranes: Friction cranes $59.88 7A 3C 8P through 199 tons IKing Power Eauipment Operators Cranes: Through 19 $57.72 7A 3C 8P Tons With Attachments A-frame Over 10 Tons CKing Power Equipment Operators Crusher $58,17 7A 3C 8P King Power Equipment Operators Deck Engineer/deck $58.17 7A 3C 81) Winches (power) :King Power Equipment Operators Derricks, On Building $58.69 7A 3C 8P j Work King Power Equipment Operators Dozers D-9 a Under $57.72 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, $57.72 7A 3C 8P Truck Or Crane Mount King Power Equipment Operators Drilling Machine $59.28 7A 3C 8P King Power Equipment Operators Elevator And Man-lift: $55.21 7A 3C 8P Permanent And Shaft Type `King Power Equipment Operators Finishing Machine, $58.17 7A 3C SP Bidwell And Gamaco a Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And $57.72 7A 3C 8P Over With Attachments _ (King Power Equipment Operators Forklifts: Under 3000 $55.21 7A 3C 8P Lbs. With Attachments King Power Equipment Operators Grade Engineer: Using $58.17 7A 3C SP Blue Prints, Cut Sheets, Etc https://fortress.wa.gov/lni/wageloolwp/prvWagelookup.aspx 10/17/2016 Page 9 of 20 i :King jPower Equipment Operators Gradechecker/stakeman $55.21 7A 3C 8P -King Power Equipment Operators Guardrail Punch $58.17 7A 3C 8P King Power Equipment Operators Hard Tail End Dump $58.69 7A 3C 8P Articulating Off- Road Equipment 45 Yards. 8. Over +King Power Equipment Operators Hard Tail End Dump $58.17 7A 3C 8P Articulating Off-road Equipment Under 45 Yards ;King Power Equipment Operators Horizontal/directional $57.72 7A 3C 8P Drill Locator ;King Power Equipment Operators Horizontal/directional $58.17 7A 3C BP Drill Operator !King Power Equipment Operators Hydralifts/boom Trucks $57.72 7A 3C 8P Over 10 Tons King Power Equipment Operators Hydralifts/boom Trucks, $55.21 7A 3C 8P 10 Tons And Under .King Power Equipment Operators Loader, Overhead 8 $59.28 7A 3C 8P Yards. a Over ,King Power Equipment Operators Loader, Overhead, 6 $58.69 7A 3C 8P Yards. But Not Including 8 Yards a King Power Equipment Operators Loaders, Overhead $58.17 7A 3C 8P Under 6 Yards ;King Power Equipment Operators Loaders, Plant Feed $58.17 7A 3C 8P 'King Power Equipment Operators Loaders: Elevating Type $57.72 7A 3C 8P Belt ;King Power Equipment Operators Locomotives, All $58.17 7A 3C 8P 'King Power Equipment 0 erp ators Material Transfer Device $58.17 7A 3C 8P j -King Power Equipment Operators Mechanics, All (leadmen $59,28 7A 3C 8P j $0.50 Per Hour Over Mechanic) 'King Power Equipment Operators Motor Patrol Graders $58.69 7A 3C 8P ;King Power Equipment Operators Mucking Machine, Mole, $58,69 7A 3C 8P 1 Tunnel Drill, Boring, Road Header And/or Shield =King Power Equipment Operators Oil Distributors, Blower $55,21 7A 3C R Distribution a Mulch Seeding Operator King Power Equipment Operators Outside Hoists $57.72 7A 3C 8P (elevators And Manlifts), Air Tuggers,strato ;King Power Equipment Operators Overhead, Bridge Type $58.17 7A 3C 8P i Crane: 20 Tons Through 44 Tons ;King Power Equipment Operators Overhead, Bridge Type: $59.28 7A 3C SP 100 Tons And Over ,King Power Equipment Operators Overhead, Bridge Type: $58.69 7A 3C 8P 45 Tons Through 99 Tons https:Hfortress.wa.gov/lni/wageloolcup/prvWageloolwp.aspx 10/17/2016 Page 10 of 20 King Power Equipment Operators Pavement Breaker $55.21 7A 3C 8P King Power Equipment Operators Pile Driver(other Than $58.17 7A 3C 8P Crane Mount) King Power Equipment Operators Plant Oiler- Asphalt, $57.72 7A 3C 8P Crusher King Power Equipment Operators Posthote Digger, $55.21 7A 3C 8P Mechanical King Power Equipment Operators Power Plant $55.21 7A 3C 8P King Power Equipment Operators Pumps - Water $55.21 7A 3C 81p iKing Power Equipment Operators Quad 9, Hd 41, DI And $58.69 7A 3C 8P Over `King Power Equipment Operators Quick Tower- No Cab, $55.21 7A 3C 8P Under 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control $58.69 7A 3C 8P Operator On Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $55.21 7A 3C 8P iKing Power Equipment Operators Rigger/SignatPerson, $57,72 7A 3C 81P Bellman (Certified) King Power Equipment Operators Rollagon $58.69 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant $55,21 7A 3C 8P Mix King Power Equipment Operators Roller, Plant Mix Or $57,72 7A 3C 8P Multi-lift Materials King Power Equipment Operators Roto-mill, Roto-grinder $58.17 7A 3C 8P King Power Equipment Operators Saws - Concrete $57.72 7A 73C SP King Power Equipment Operators Scraper, Self Propelled $58.17 7A SP Under 45 Yards King Power Equipment Operators Scrapers - Concrete 8 $57.72 7A 8P Carry All `King Power Equipment Operators Scrapers, Self- $58.69 7A 3C SP propelled: 45 Yards And Over ,King Power Equipment Operators Service Engineers - $57.72 7A 3C 2 Equipment ,King Power Equipment Operators Shotcrete/gunite $55.21 ZA 3C 8P Equipment King Power Equipment Operators Shovel , Excavator, $57.72 7A 3C 8P Backhoe, Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, $58.69 7A 3C 8P Backhoe: Over30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, $58.17 7A 3C 8P j Backhoes, Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, $59.28 7A 3C 8P Backhoes: Over50 Metric Tons To 90 Metric Tons jKing Power Equipment 0 erp ators $59.88 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/PrvWageloolcap.aspx 10/17/2016 Page 11 of 20 Shovel, Excavator, Backhoes: Over 90 Metric Tans King Power Equipment Operators Slipform Pavers $58.69 7A 3C 8P ,'King Power Equipment Operators Spreader, Topsider B: $58.69 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $58.17 7A 3C 8P ;King Power Equipment Operators Tower Bucket Elevators $57.72 7A 3C SP King Power Equipment Operators Tower Crane Up To 175' $59.28 7A 3C 8P In Height Base To Boom ;King Power Equipment Operators Tower Crane; over 175' $59.88 7A 3C 8P through 250' in height, base to boom ,King Power Equipment Operators Tower Cranes: over 250' $60.47 7A 3C 8P in height from base to boom ;King Power Equipment Operators Transporters, All Track $58.69 7A 3C 2 Or Truck Type 'King Power Equipment Operators Trenching Machines $57.72 7A 3C 8P ,King Power Equipment Operators Truck Crane $58,17 7A 3C 8P Oiler/driver- 100 Tons And Over King Power Equipment Operators Truck Crane $57.72 7A 3C BP Oiler/driver Under 100 Tons King Power Equipment Operators Truck Mount Portable $58.17 7A 3C 813 Conveyor :King Power Equipment Operators Welder $58.69 7A 3C 8P iKing Power Equipment Operators Wheel Tractors, Farmall $55.21 7A 3C 8P Type (King Power Equipment Operators Yo Yo Pay Dozer $58.17 7A 3C 8P :King Power Equipment Asphalt Plant Operators $58.69 7A 3C 8P Operators- Underground I Sewer 8: Water King Power Equipment Assistant Engineer $55.21 7A 3C SP Operators- Underground Sewer Et Water +King Power Equipment Barrier Machine (zipper) $58.17 7A 3C 8P Operators- Underground Sewer Et Water ,King Power Equipment Batch Plant Operator, $58.17 7A 3C 8P Operators- Underground Concrete Sewer &Water :King Power Equipment Bobcat $55.21 7A 3C 8P i Operators- Underground Sewer it Water King Power Equipment Brokk -Remote $55,21 7A 3C 8P Operators- Underground Demolition Equipment Sewer Et Water .King Power Equipment Brooms $55.21 7A 3C 8P Operators- Underground Sewer Et Water King Bump Cutter $58.17 7A 3C 8P littps://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/17/2016 Page 12 of 20 Power Equipment Operators- Underground Sewer& Water King Power Equipment Cableways $58.69 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Chipper $58.17 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Compressor $55.21 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Concrete Pump: Truck $58.69 7A 3C 8P Operators- Underground Mount With Boom Sewer a Water Attachment Over 42 M King Power Equipment Concrete Finish Machine $55.21 7A 3C 8P Operators- Underground -laser Screed Sewer a Water iKing Power Equipment Concrete Pump - $57.72 7A 3C 8P Operators- Underground Mounted Or Trailer High Sewer a Water Pressure Line Pump, Pump High Pressure. King Power Equipment Concrete Pump: Truck $58.17 7A 3C 8P j: Operators- Underground Mount With Boom Sewer a Water Attachment Up To 42m [King Power Equipment Conveyors $57.72 7A 3C 8P Operators- Underground Sewer a Water .King Power Equipment Cranes Friction: 200 $60.47 7A 3C 8P Operators- Underground tons and over Sewer a Water King Power Equipment Cranes: 20 Tons $58.17 7A 3C 8P Operators- Underground Through 44 Tons With Sewer a Water Attachments King Power Equipment Cranes: 100 Tons $59.28 7A 3C 8P Operators- Underground Through 199 Tons, Or Sewer a Water 150' Of Boom (Including Jib With Attachments) King Power Equipment Cranes: 200 tons- 299 $59.88 7A 3C 8P Operators- Underground tons, or 250' of boom Sewer a Water including jib with attachments King Power Equipment cranes: 300 tons and $60.47 7A 3C 8P Operators- Underground over or 300' of boom Sewer a Water including jib with attachments King Power Equipment Cranes: 45 Tons $58.69 7A 3C 8P Operators- Underground Through 99 Tons, Under Sewer a Water 150'Of Boom (including Jib With Attachments) King Power Equipment Cranes: A-frame - 10 $55.21 7A 3C 8P Operators- Underground Tons And Under Sewer a Water King Cranes F; riction cranes $59.88 7A 3C 8P through 199 tons http s://fortress.wa, ov/lni/wageloolcap/prvWagelookLip,aspx 10/17/2016 g Page 13 of 20 Power Equipment Operators- Undereround Sewer a Water ?King Power Equipment Cranes: Through 19 $57.72 7A 3C 8P Operators- Underground Tons With Attachments Sewer E Water A-frame Over 10 Tons King Power Equipment Crusher $58.17 7A 3C 8P Operators- Underground Sewer&Water ;King Power Equipment Deck Engineer/deck $58.17 7A 3C 8P Operators- Underground Winches (power) Sewer a Water :King Power Equipment Derricks, On Building $58.69 7A 3C 8P Operators- Underground Work Sewer a Water King Power Equipment Dozers D-9 E Under $57.72 7A 3C 8P Operators- Underground Sewer a Water :King Power Equipment Drill Oilers: Auger Type, $57.72 7A 3C 8P Operators- Underground Truck Or Crane Mount Sewer a Water :King Power Equipment Drilling Machine $59.28 7A 3C 8P Operators- Underground j Sewer E Water :King Power Equipment Elevator And Man-lift: $55.21 7A 3C 8P Operators- Underground Permanent And Shaft Sewer 8:Water Type King Power Equipment Finishing Machine, $58.17 7A 3C 8P Operators- Underground Bidwell And Gamaco E Sewer Et Water Similar Equipment ^King Power Equipment Forklift: 3000 Lbs And $57.72 7A 3C 8P Operators- Underground Over With Attachments Sewer it Water ,King Power Equipment Forklifts: Under 3000 $55.21 . 7A 3C 8P Operators- Undereround Lbs. With Attachments Sewer Er Water ;King Power Equipment Grade Engineer: Using $58.17 7A 3C 8P Operators- Underground Blue Prints, Cut Sheets, Sewer E Water Etc ;King Power Equipment Gradechecker/stakeman $55.21 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Guardrail Punch $58.17 7A 3C 8P Operators- Underground Sewer E Water lKing Power Equipment Hard Tail End Dump $58.69 7A 3C 8P Operators- Underground Articulating Off- Road Sewer E Water Equipment 45 Yards. a Over King Power Equipment Hard Tail End Dump $58.17 7A 3C 8P Operators- Underground Articulating Off-road Sewer E Water Equipment Under 45 Yards ;King Horizontal/directional $57.72 7A 3C 8P Drill Locator https://fortress.wa.gov/lni/wagelook-Lip/PrvWagelooktip.aspx 10/17/2016 Page 14 of 20 Power Equipment Operators- Underground Sewer a Water King Power Equipment Horizontal/directional $58.17 7A 3C 8P Operators- Underground Drill Operator Sewer a Water King Power Equipment Hydralifts/boom Trucks $57.72 7A 3C 8P Operators- Underground Over10 Tons Sewer a Water 'King Power Equipment Hydralifts/boom Trucks, $55.21 7A 3C 8P Operators- Underground 10 Tons And Under Sewer a Water King Power Equipment Loader, Overhead 8 $59.28 7A 3C 8P Operators- Underground Yards. a Over Sewer a Water 'King Power Equipment Loader, Overhead, 6 $58.69 7A 3C 8P Operators- Underground Yards, But Not Including Sewer a Water 8 Yards 'King Power Equipment Loaders, Overhead $58.17 7A 3C SP Operators- Underground Under 6 Yards Sewer a Water King Power Equipment Loaders, Plant Feed $58.17 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Loaders: Elevating Type $57.72 7A 3C 8P Operators- Underground Belt Sewer a Water 'King Power Equipment Locomotives, All $58.17 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Material Transfer Device $58.17 7A 3C 8P Operators- Underground Sewer a Water %King Power Equipment Mechanics, All (leadmen $59.28 7A 3C 8P Operators- Underground - $0.50 Per Hour Over Sewer It Water Mechanic) ;King Power Equipment Motor Patrol Graders $58.69 7A 3C 8P 1 Operators- Underground Sewer a Water i King Power Equipment Mucking Machine, Mole, $58.69 7A 3C 8P Operators- Underground Tunnel Drill, Boring, Sewer a Water Road Header And/or Shield King Power Equipment Oil Distributors, Blower $55.21 7A 3C 8P Operators- Underground Distribution a Mulch Sewer a Water Seeding Operator King Power Equipment Outside Hoists $57.72 7A 3C 8P Operators- Underground (elevators And Sewer a Water Manlifts), Air Tuggers,strato +King Power Equipment Overhead, Bridge Type $58.17 7A 3C 81) Operators- Underground Crane: 20 Tons Through Sewer a Water 44 Tons King Overhead, Bridge Type: $59.28 7A 3C 8P 100 Tons And Over https:Hfortress.wa.gov/lni/wagelookLip/prvWageloolctip.aspx 10/17/2016 Page 15 of 20 Power EQUi ment Operators- Underground Sewer a Water King Power Equipment Overhead, Bridge Type: $58.69 7A 3C 8P Operators- Underground 45 Tons Through 99 Sewer a Water Tons :King Power Equipment Pavement Breaker $55.21 7A 3C BP Operators- Underground Sewer Et Water King Power Equipment Pile Driver(other Than $58.17 7A 3C 8P Operators- Underground Crane Mount) Sewer a Water King Power Equipment Plant Oiler- Asphalt, $57.72 7A 3C 8P Operators- Underground Crusher Sewer a Water ;,King Power Equipment Pesthole Digger, $55.21 7A 3C 8P Operators- Underground Mechanical Sewer a Water !King Power Equipment Power Plant $55.21 7A 3C 813 Operators- Underground Sewer a Water 'King Power Equipment Pumps - Water $55.21 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Quad 9, Hd 41, DI And $58.69 7A 3C 8P Operators- Underground Over Sewer ft Water 'King Power EguipmenC Quick Tower- No Cab, $55.21 7A 3C 8P Operators- Underground Under 100 Feet In Sewer a Water Height Based To Boom 'King Power Equipment Remote Control $58.69 7A 3C 8P Operators- Underground Operator On Rubber Sewer Et Water Tired Earth Moving Equipment King Power Equipment Rigger And Beliman $55.21 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Rigger/Signal Person, $57.72 7A 3C 8P Operators- Underground BeQman (Certified) Sewer a Water 'King Power Equipment Rollagon $58.69 7A 3C 8P Operators- Underground Sewer a Water =King Power Equipment Roller, Other Than Plant $55.21 7A 3C 8P Operators- Underground Mix Sewer a Water ,'King Power Equipment Roller, Plant Mix Or $57.72 7A 3C 8P Operators- Underground Multi-lift Materials Sewer a Water 'King Power Equipment Roto-mill, Roto-grinder $58.17 7A 3C 8P Operators- Underground Sewer a Water 'King Power Equipment Saws - Concrete $57.72 7A 3C 8P Operators- Underground Sewer a Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/17/2016 Page 16 of 20 King Power Equipment Scraper, Self Propelled $58.17 7A 3C 8P Operators- Underground Under 45 Yards Sewer &Water King Power Equipment Scrapers - Concrete a $57.72 7A 3C 8P Operators- Underground Carry All Sewer a Water King Power Equipment Scrapers, Self- $58.69 7A 3C 8P Operators- Underground propelled: 45 Yards And Sewer a Water Over King Power Equipment Service Engineers- $57.72 7A 3C 8P Operators- Underground Equipment Sewer a Water King Power Equipment Shotcrete/gunite $55.21 7A 3C 8P Operators- Underground Equipment Sewer a Water King Power Equipment Shovel , Excavator, $57.72 7A 3C 8P Operators- Underground Backhoe, Tractors Sewer a Water Under 15 Metric Tons, King Power Equipment Shovel, Excavator, $58.69 7A 3C 8P Operators- Underground Backhoe: Over30 Metric Sewer a Water Tons To 50 Metric Tons ;King Power Equipment Shovel, Excavator, $58.17 7A 3C SP Operators- Underground Backhoes, Tractors: 15 Sewer a Water To 30 Metric Tons Vng Power Equipment Shovel, Excavator, $59.28 7A 3C 8P Operators- Underground Backhoes: Over 50 Sewer a Water Metric Tons To 90 Metric Tons %King Power Equipment Shovel, Excavator, $59.88 7A 3C 8P Operators- Underground Backhoes; Over 90 Sewer&Water Metric Tons i King Power Equipment Stipform Pavers $58.69 7A 3C 8P Operators- Underground Sewer a Water 'King Power Equipment Spreader, Topsider a $58.69 7A 3C 8P Operators= Underground Screedman Sewer a Water `King Power Equipment Subgrader Trimmer $58.17 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Tower Bucket Elevators $57.72 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Tower Crane Up To 175' $59.28 7A 3C 8P Operators- Underground In Height Base To Boom Sewer a Water King Power Equipment Tower Crane; over 175' $59.88 7A 3C 81D Operators- Underground through 250' in height, Sewer It Water base to boom King Power Equipment Tower Cranes: over 250' $60.47 7A 3C 8P Operators- Underground in height from base to Sewer& Water boom ,King Power Equipment Transporters, All Track $58.69 7A 3C 8P Operators- Underground Or Truck Type Sewer a Water https://fortress.wa.gov/lni/wageloolwp/prvWagelooktip.aspx 1.0/17/2016 Page 17 of 20 .King Power Equipment Trenching Machines $57,72 7A I 3C 8P Operators- Underground Sewer 8:Water ,King Power Equipment Truck Crane $58.17 7A 3C 8P Operators- Underground Oiler/driver- 100 Tons Sewer Et Water And Over King Power Equipment Truck Crane $57.72 7A 3C 8P Operators- Underground Oiler/driver Under100 Sewer t}Water Tons ;King Power Equipment Truck Mount Portable $58.17 7A 3C 8P Operators- Underground Conveyor 11 Sewer Et Water King Power Equipment Welder $58.69 7A 3C 8P Operators- Underground Sewer iz Water King Power Equipment Wheel Tractors, Farman $55,21 7A 3C 8P Operators- Underground Type Sewer Et Water 'King Power Equipment Yo Yo Pay Dozer $58.17 7A 3C 8P Operators- Underground Sewer 8t Water 'King Power Line Clearance Tree Journey Level in Charge $47.08 5A 4A Trimmers ;King Power Line Clearance Tree Spray Person $44.64 5A 4A Trimmers 'King Power Line Clearance Tree Tree Equipment $47.08 5A 4A Trimmers Operator 'King Power Line Clearance Tree Tree Trimmer $42.01 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $31.65 5A 4A Trimmers Groundperson OKing Refrigeration Et Air Journey Level $74.66 6Z 1G Conditioning Mechanics -King Residential Brick Mason Journey Level $54.32 5A 1M :King Residential Carpenters Journey Level $28,20 1 'King Residential Cement Masons Journey Level $22.64 1 ,King Residential Drywall Journey Level $41.69 5D 4C Applicators :King Residential Drywall Tapers Journey Level $55.66 5P 1E :King Residential Electricians Journey Level $30.44 1 'King Residential Glaziers Journey Level $38.40 71, 1H ;King Residential Insulation Journey,Level $26.28 1 Applicators King ResidcndatLaborers Journey Level $23.031 1 'King Residential Marble Setters Journey Level $24.09 1 a King Residential Painters Journey Level $24.46 1 King Residential Plumbers Ex Journey Level $34.69 1 Pipefitters 'King Residential Refrigeration Et Journey Level $74.66 6Z 1G _ Air Conditioning Mechanics 'King Residential Sheet Metal Journey Level (Field or $45.99 7F 1R Workers Shop) https://fortress.wa.gov/lni/wagelookup/prvWageloolcup.aspx 10/17/2016 Page 18 of 20 King Residential Soft Floor Journey Level $45.86 5A 3D Lavers King Residential Sprinkler Fitters Journey Level $42.73 5C 2R (Fire Protection) iKing Residential Stone Masons Journey Level $54.32 5A 1M King Residential Terrazzo Journey Level $48.86 5A 1M Workers King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $46.46 5A 3H King Roofers Using Irritable $49.46 5A 3H Bituminous Materials !King Sheet Metal Workers Journey Level (Field or $75.46 7F 1E Shop) iKing Shipbuilding a Ship Repair Boilermaker $41.72 7M 1H iKing Shipbuilding a Ship Repair Carpenter $41.06 7T 2B -King Shipbuilding a Ship Repair Electrician $41.09 7T 4B 'King Shipbuilding a Ship Repair Heat a Frost Insulator $65.43 5J 15 iKing Shipbuilding a Shp Repair Laborer $41.08 7T 4B iKing Shipbuilding a Ship Repair Machinist $41.32 7T 4B ;King Shipbuilding a Ship Repair Operator $41.03 7T 4B [King Shipbuilding a Ship Repair Painter $41.05 7T 4B sKing Shipbuilding a Ship Repair Pipefitter $41.05 7T 4B King Shipbuilding a Ship Repair Rigger $41.12 7T 4B iKing Shipbuilding a Ship Repair Sheet Metal $41.04 7T 48 King Shipbuilding a Ship Repair Shipfitter $41.12 7T 4B ;King Shipbuilding a Ship Repair Trucker $41.01 7T 4B [King Shipbuilding a Ship Repair Warehouse $41.02 7T 4B 4King Shipbuilding a Ship Repair Welder/Burner $41.12 7T 4B King Sign Makers a Installers Sign Installer $22.92 1 Electrical iKing Sign Makers a Installers Sign Maker $21.36 1 Electrical ;King Sign Makers a Installers Sign Installer $27.28 1 (Non-Electrical) King Sign Makers a Installers Sign Maker $33.25 1 (Non-Electrical) iKing Soft Floor Lavers Journey Level $45.86 5A 3D iKing Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $72.49 5C 1x Protection) King Stage Rigging Mechanics Journey Level $13.23 1 (Non Structurall iKing Stone Masons Journey Level $54.32 5A 1M iKing Street And Parking Lot Journey Level $19.09 1 Sweeper Workers ;King Surveyors Assistant Construction $57.72 7A 3C 8P Site Surveyor King Surveyors Chairman $57.17 7A 3C 8P https://fortress.wa.gov/lni/wagelooktip/prvWagelookup.aspx 10/17/2016 Page 19 of 20 ,King Surveyors Construction Site $58.69 7A 3C 8P Surveyor •King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Cable Splicer $37.60 5A 2B Construction - Outside ,King Telephone Line Hole Digger/Ground $20.79 5A 2B Construction - Outside Person 'King Telephone Line Installer(Repairer) $36.02 5A 2B Construction - Outside ;King Telephone Line Special Aparatus $37.60 5A 2B Construction - Outside Installer 1 ;King Telephone Line Special Apparatus $36.82 5A 2B Construction - Outside Installer II :King Telephone Line Telephone Equipment $37.60 5A 2B Construction - Outside Operator (Heavy) ;King Telephone Line Telephone Equipment $34.94 5A 2B Construction - Outside Operator (Light) `King Telephone Line Telephone Lineperson $34.93 5A 2B Construction -Outside :King Telephone Line Television $19,73 5A 2B Construction - Outside Groundperson ;King Telephone Line Television $26.31 5A 26 Construction - Outside Lineperson/Installer ;King Telephone Line Television System $31.50 5A 2B Construction - Outside Technician -King Telephone Line Television Technician $28.23 5A 2B Construction - Outside King Telephone Line Tree Trimmer $34.93 5A 2B Construction - Outside ;King Terrazzo Workers Journey Level $48.86 5A 1M ;King Tile Setters Journey Level $21.65 1 "King Tile, Marble Ft Terrazzo Finisher $39.69 5A 1B Finishers ;King Traffic Control Stripers Journey Level $44.35 7A 1K King Truck Drivers Asphalt Mix Over 16 $51.25 5D 3A 8L Yards (W. WA-Joint Council 28) Nng Truck Drivers Asphalt Mix To 16 Yards $50.41 5D 3A 8L E (W. WA-Joint Council 28) 'King Truck Drivers Dump Truck It Trailer $51.25 5D 3A 8L 'King Truck Drivers Dump Truck (W. WA- $50.41 5D 3A 8L Joint Council 28) 'King Truck Drivers Other Trucks (W. WA- $51.25 5D 3A 8L Joint Council 28) 1 King Truck Drivers Transit Mixer $43,23 1 ;King Well Drillers Ft Irrigation Irrigation Pump Installer $17.71 1 Pump Installers -King Well Drillers rf Irrigation Oiler $12.97 1 Pump Installers :King Well Driller $18.00 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookLip.aspx 10/17/2016 Page 20 of 20 Well Drillers Ft Irrigation Pump Installers littps://fortress.wa.gov/lni/wagelookup/pivWageloolcup.aspx 10/17/2016 EXHIBIT VPURCELL IPAINTIN0 J4 COATINGS Date 10/12//2016 To;Nato Harper City of Kent 400 West Gowe Kent,WA 98032 Subject; PROPOSAL;RACQUETBALL COURTS QTY 4 (Kent Commons Bldg,) PPC will provide all labor,Equipment and Material necessary to remove existing Coating(220 SQFT EACH COURT 880 SQFT Total)and install new coating system as Specified by Scott McConnell (Tnemec Rep) 1, Remove existing coating 100% CSP5 leaving a surface profile of L5 mil min 2. Fill voids flush with Tnemec Series 215 epoxy surface filler. 3.Prime prepared surface with Tnemec Series 27 WB @ 3-5 mils 4.Finish Surfaces primed with Tnemec Series 297 Enviroglaze @ 2-3 mils Total Cost$26,728.00 P&P Bond premium (413.00) is included in price WSST not included Prevailing wage rates are included in this quote. li"0l Charles Catlett Project Manager Purcell Painting&Coatings Charles cApurcellpaintin¢,com 206-835.6878 6456 South 144th St. Tukwila,WA 98168 Mira(206)035-6878 Email davepopurcellpainting,com Fax(206)B35-6979 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal Injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. - B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The Insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's Insurance and shall not contribute with it. 2. The Contractor's Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mall, 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 A:VII. 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. ACORD,. ®® Client#:579654 PURCEPCL ACORD,. CERTIFICATE OF LIABILITY INSURANCE D 010211D011'YYY) 1DlD2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),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 endorsement(s). PRODUCER CONTACT NAME: Kibble&Prentice,a USI Co CL PHONEo 206 441.6300 AX 610-362-8530 ,AIC N Ez[: AlC,No 601 Union Street,Suite 1000 E-MAIL ADDRESS: Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Arch Specialty Insurance Compan 21199 INSURED INSURER B:Alaska National Insurance Compa 38733 Purcell P&C LLC INSURER c:American Fire&Casualty Compan 24066 6456 South 144th Street INSURER D Tukwila,WA 98168 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 CONTRACTOR 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. INSR rypE OF INSURANCE ADDLSUBR POUCYEFF POLICYEXP LIMITS LTR I MD POLICYNUMBER MMIDD MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY X X 12EMP9290703i/ 4/01/2016 04/01/2017 EACH OCCURRENCE $1,ODO,0D0 - CLAIMS-MADE 4 OCCUR PREMISES EaoNNTE�nce $100 DOO X BI/PD Ded:5,000 MED EXP(Any oneperson) $5 000 '...... X WA Stop Gap* PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2,000,000 POLICY JECT LOG PRODUCTS-COMP/OPAGG s2,000,000 OTHER: Stop Gap* $$1,000,000 C AUTOMOBILE LIABILITY X X BAA1756627102 4/01/2016 04/01/201 E"cide,,SINGI_E LIMIT $1,000,000 X ANYAUTO BODILY INJURY(Par person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS NON�OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Earned anti n( $ $ A UMBRELLALIAB X OCCUR X X 12EMX9290803 1411112111041111201 EACH OCCURRENCE $5000000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $5 00O 000 DED I X RETENTION$0 $ B WORKERS COMPENSATION X 16DWS09049 4/01/2016 04/01/201 X IPER D GTH AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L EACH ACCIDENT $1000000 OFFICERIMEMIER EXCLUDED? N/A (Mandatary in NH) E.L.DISEASE-EA EMPLOYEE 11,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Cont. Pollution 12EMP9290703 4/01/2016 04/0112011 $1,000,000/Claim Incl. Fungus $2,000,000 Agg Ded: $5 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more apace Is required) RE: Purcell#16597-Kent Commons Concrete Coating. City of Kent and Project owner are an additional insured on the General Liability, including ongoing operations and completed operations,but only if required by written contract or written agreement per forms attached and auto liability per form attached. Primary and Non-Contributory insurance applies '.. per form attached.Waiver of Subrogation applies per forms attached.Per project aggregate applies per form attached. '.. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S19032832/M17515505 PXLZP i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 01 ADDITIONALONGOING OPERATIONS ONLY (COVERAGES A&13) This endorsement modifies Insurance provided by the Environmental Muttillne Policy In consideration of the premium charged, it is hereby agreed that Section III —WHO IS AN INSURED is amended to include as an Insured the person or organization shown in the schedule below as respects Coverage A and B but only to the extent of liability arising out of your ongoing operations performed by you or on your behalf for that insured and not due to any actual or alleged Independent liability of said Additional Insured. This does not apply to BODILY INJURY or PROPERTY DAMAGE arising out of the sole negligence or willful misconduct of,orfor defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured, this Insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent,or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy, Additional insured :ANY PERSON OR ORGANIZATION FOR WHOM YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN AGREEMENT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. All other terms and conditions of this Policy remain unchanged. i Endorsement Number: Policy Number. 12 EMP 92907 03 Named Insured: PURCELL P&C. LLC DIBIA PURCELL PAINTING&COATINGS, PURCELL PAINTING&COATINGS SOUTHWEST,INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 04/01/2016 +rn we 00 EMP0008 00 04 04 1 of t THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED( PRIMARY COVERAGE INCLUDING COMPLETED OPERATIONS (COVERAGES A, B. D Fa F) This endorsement modifies Insurance provided under the Environmental Multiline Policy It is agreed that Section III-WHO IS AN INSURED is amended to include the following: Under Coverages A,B,D and F the person or organization shown in the schedule below shall be an Additional Insured, but only to the extent liability arises out of YOUR WORK for that Additional Insured and not due to any actual or alleged Independent liability of said Additional Insured. This Endorsement does not apply to BODILY INJURY or PROPERTY DAMAGE arising out of the sale negligence or willful conduct of, or for defects in design furnished by the Additional Insured. With respect to the coverage afforded to the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent or on any other basis, This Endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. Additional Insured: ANY PERSON OR ORGAN17ATION FOR WHOM YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US, THE WRITTEN CONTRACT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. All other terms and conditions of this Poky remain unchanged. Endorsement Number14 Policy Number, 12 EMP 92907 03 Named Insured: PURCELL P&C, LLC DtB1A PURCELL PAINTING & COATINGS This endorsement Is effective on the inception date of this Policy unless otherwise stated heraim Endorsement Effective Date: 0410112016 00 EMP0101 00 0114 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION-SPECIFIC PERSON OR ORGANIZATION ENDORSEMENT This endorsement modifies insurance provided under the Environmental Multilane Policy In consideration of the premium charged,it is hereby agreed that SECTION V,Conditions,paragraph 13. Subrogation Is amended to Indude the following: We agree to waive this right of subrogation against the person or organization shown in the Schedule below to the extent that you had,prior to an OCCURRENCE or CLAIM,a written agreement to waive such rights. Schedule Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU PERFORM WORK LI NDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE WRITTEN CONTRACT MUST BE EFFECTIVE PRIOR TO THE DATE OF THE LOSS OCCURRENCE. All other terms and condiUcros of this Policy remain unchanged. Policy Number: 12 EMP 9290703 Named Insured: PURCELL P&C,LLC D/WA PURCELL PUNTING&COATINGS; PURCELL PAINTING&COATINGS SOUTHWEST,INC. This endorsement is effective on the inception date of ibis Policy unless otherwise stated herein: Endorsement Effective Dam: 0410112016 00 EMP0052 00 05 04 Page I of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PER PROJECT GENERAL AGGREGATE EXCLUDING CONTRACTORS POLLUTION, E&O AND MOLD This endorsement modifies insurance provided under the Environmental Multlline Policy In consideration of $0 (N/A) additional premium, the General Aggregate Limit under Item 5. of the Declarations applies separately to each of your projects away from premises owned by or rented to you; except with respect to LOSS arising out of Coverages D., E.or if applicable,Coverage F. All other terms and conditions of this Policy remain unchanged. , I Endorsement Number. Policy Number: 12 EMP 9290703 Named Insured: PURCELL P&C. LLC D1B/A PURCELL PAINTING&COATINGS; PURCELL PAINTING&COATINGS SOUTHWEST, INC, This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 04101/2 01 6 00 EMP0062 00 05 04 1 of 1 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION 11— LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II—LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured"does not include any organization that: (1) Is a partnership orjointventure; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To 'bodily injury' or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II—LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee'of yours while using a covered "auto"you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee'. g. An "employee' of yours while operating an "auto' hired or borrowed under a written contract or agreement in that "employee's' name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee'. 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II—LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for"bodily injury" or"property damage" caused by an "accident'which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II —LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident'we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II —LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph AA. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos' for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any"auto'you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 2 Of 7 b. Your "employee" hires or rents under a written contract or agreement in that"employee's' name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one "accident" or`loss"is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto'that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III— PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto' classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For"medium trucks" , we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight(GVW) of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 @2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III- PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of at. "auto" because of "accident' or `loss', to an "auto' for which we also pay a "loss' under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident' or"loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos' available for your use and operation cannot fill. e. If"loss' results from the total theft of a covered "auto" of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects'as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered"auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto"you own and that"auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects'stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V- DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects' mean tangible property that is worn or carried by an insured." 'Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III-PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto' at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered`auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a `total lass" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss', b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto', g. Security deposits not refunded by a lessor, In. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", 1. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto' that incurred the loss serves as collateral, or lease written on the covered "auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss' in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 92010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 5 Of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss' caused by collision to such covered "auto' of the private passenger type or light weight truck with a grass vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: a. In the charge of an"insured"; b. Legally parked; and c. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto' must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident', claim, "suit' or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident'or"loss'took place; (2) The"insureds"name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV— BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident' or "loss', our rights are waived also. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with Its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph BY., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINITIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock,fright or death resulting from any of these at any time. COMMINON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with its permission. Page 7 of 7 I COMMERCIAL AUTO CA 00 01 03 06 BUSINESS AUTO COVERAGE FOR Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words"you" and"your" refer following numerical symbols describe the "autos" that to the Named Insured shown in the Declarations. The may be covered "autos". The symbols entered next to words "we", "us" and "our" refer to the Company pro- a coverage on the Declarations designate the only viding this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos"you own (and for Liability Coverage any"trailers"you don't own Only while attached to power units you own). This includes those"autos"you acquire ownership of after the policy begins, 3 Owned Private Only the private passenger"autos"you own. This includes those private passenger Passenger "autos"you acquire ownership of after the policy begins. "Autos"Only 4 Owned "Autos" Only those"autos"you own that are not of the private passenger type (and for Li- Other Than Pri- ability Coverage any"trailers"you don't own while attached to power units you vate Passenger own). This includes those"autos" not of the private passenger type you acquire "Autos"Only ownership of after the policy begins. 5 Owned "Autos" Only those"autos"you own that are required to have No-Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those"autos"you ac- Fault quire ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those"autos"you own that because of the law in the state where they are li- Subject To A censed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those"autos"you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law quirement. 7 Specifically De- Only those "autos"described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any"trailers"you don't own while attached to any power unit described in Item Three). 8 Hired"Autos" Only those "autos"you lease, hire, rent or borrow. This does not include any"auto" Only you lease, hire, rent, or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those"autos" you do not own, lease, hire, rent or borrow that are used in con- "Autos"Only nection with your business. This includes "autos"owned by your"employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 0103 06 ©ISO Properties, Inc., 2005 Page 1 of 12 13 19 Mobile Equip- Only those"autos"that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are li- Financial Re- censed or principally garaged. sponsibility Or Other Motor Ve- hicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II —LIABILITY COVERAGE Begins A. Coverage 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered We will pay all sums an "insured" legally must pay next to a coverage in Item Two of the Declara- as damages because of"bodily injury" or"property tions, then you have coverage for "autos" that damage" to which this insurance applies, caused you acquire of the type described for the re- by an "accident" and resulting from the ownership, mainder of the policy period. maintenance or use of a covered"auto". 2. But, if Symbol 7 is entered next to a coverage We will also pay all sums an"insured" legally must in Item Two of the Declarations, an "auto" you pay as a "covered pollution cost or expense" to acquire will be a covered "auto" for that cover- which this insurance applies, caused by an "acci- age only if: dent" and resulting from the ownership, mainte- a. We already cover all "autos" that you own nance or use of covered "autos". However, we will for that coverage or it replaces an "auto" only pay for the "covered pollution cost or ex- you previously owned that had that cover- pense" if there is either "bodily injury" or "property age; and damage" to which this insurance applies that is b. You tell us within 30 days after you acquire caused by the same"accident". it that you want us to cover it for that cover- We have the right and duty to defend any"insured" age. against a "suit" asking for such damages or a C. Certain Trailers, Mobile Equipment And "covered pollution cost or expense". However, we Temporary Substitute Autos have no duty to defend any "insured" against a "suit" seeking damages for"bodily injury' or"prop- If Liability Coverage is provided by this Coverage erty damage" or a "covered pollution cost or ex- Form, the following types of vehicles are also cov- pense"to which this insurance does not apply. We ered "autos"for Liability Coverage: may investigate and settle any claim or"suit"as we 1. "Trailers" with a load capacity of 2,000 pounds consider appropriate. Our duty to defend or settle or less designed primarily for travel on public ends when the Liability Coverage Limit of Insur- roads. ance has been exhausted by payment of judg- 2. "Mobile equipment" while being carried or ments or settlements. towed by a covered"auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are"insureds": permission of its owner as a temporary substi- a. You for any covered"auto'. tute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your permis- sion a covered "auto" you awn, hire or bor- a. Breakdown; row except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered "auto". This d. "Loss"; or exception does not apply if the covered "auto" is a "trailer" connected to a cov- e. Destruction. ered "auto"you own. Page 2 of 12 ©ISO Properties, Inc., 2005 CA 00 01 03 06 ❑ (2) Your "employee" if the covered "auto" is b. Out-Of-State Coverage Extensions owned by that "employee" or a member While a covered "auto" is away from the of his or her household, state where it is licensed we will: (3) Someone using a covered "auto" while (1) Increase the Limit of Insurance for Li- he or she is working in a business of ability Coverage to meet the limits speci- selling, servicing, repairing, parking or fied by a compulsory or financial re- storing "autos" unless that business is sponsibility law of the jurisdiction where yours. the covered "auto" is being used. This (4) Anyone other than your "employees", extension does not apply to the limit or partners (if you are a partnership), limits specified by any law governing members (if you are a limited liability motor carriers of passengers or prop- company), or a lessee or borrower or erty. any of their "employees", while moving (2) Provide the minimum amounts and property to or from a covered"auto". types of other coverages, such as no- (5) A partner (if you are a partnership), or a fault, required of out-of-state vehicles by member (if you are a limited liability the jurisdiction where the covered "auto" company) for a covered "auto" owned by is being used. him or her or a member of his or her We will not pay anyone more than once for household. the same elements of loss because of c. Anyone liable for the conduct of an "in- these extensions. sured" described above but only to the ex- B. Exclusions tent of that liability. This insurance does not apply to any of the follow- 2. Coverage Extensions ing: a. Supplementary Payments 1. Expected Or Intended Injury We will pay for the "insured": "Bodily injury" or "property damage" expected (1) All expenses we incur. or intended from the standpoint of the "in- (2) Up to $2,000 for cost of bail bonds (in- sured". cluding bonds for related traffic law vio- 2. Contractual lations) required because of an "acci- Liability assumed under any contract or agree- dent" we cover. We do not have to fur- ment. nish these bonds. (3) The cost of bonds to release attach- But this exclusion does not apply to liability for ments in any "suit" against the "insured" damages: we defend, but only for bond amounts a. Assumed in a contract or agreement that is within our Limit of Insurance. an "insured contract" provided the"bodily in- (4) All reasonable expenses incurred by the jury" or "property damage" occurs subse- "insured" at our request, including actual quentagreement; to the execution of the contract or a loss of earnings up to $250 a day be- agreement; or cause of time off from work. b. That the "insured" would have in the ab- (5) All costs taxed against the "insured" in sence of the contract or agreement. any "suit" against the "insured" we de- 3. Workers' Compensation fend. Any obligation for which the "insured" or the (6) All interest on the full amount of any "insured's" insurer may be held liable under any judgment that accrues after entry of the workers' compensation, disability benefits or judgment in any "suit" against the "in- unemployment compensation law or any similar sured"we defend, but our duty to pay in- law. terest ends when we have paid, offered 4. Employee Indemnification And Employer's to pay or deposited in court the part of Liability the judgment that is within our Limit of "Bodily injury"to: Insurance. These payments will not reduce the Limit of a. An"employee"of the"insured"arising out of and in the course of: Insurance. (1) Employment by the"insured"; or CA 00 01 03 06 © ISO Properties, Inc., 2005 Page 3 of 12 ❑ (2) Performing the duties related to the con- 9. Operations duct of the "insureds" business; or "Bodily injury" or "property damage" arising out b. The spouse, child, parent, brother or sister of the operation of: of that "employee" as a consequence of a. Any equipment listed in Paragraphs 6.b. Paragraph a.above. and 6.c. of the definition of "mobile equip- This exclusion applies: ment", or (1) Whether the "insured" may be liable as b. Machinery or equipment that is on, attached an employer or in any other capacity; to, or part of, a land vehicle that would qual- and ify under the definition of "mobile equip- (2) To any obligation to share damages with ment' if it were not subject to a compulsory or repay someone else who must pay or financial responsibility law or other motor damages because of the injury. vehicle insurance law where it is licensed or But this exclusion does not apply to "bodily in- principally garaged. jury" to domestic "employees" not entitled to 10. Completed Operations workers' compensation benefits or to liability "Bodily injury" or "property damage" arising out assumed by the "insured" under an "insured of your work after that work has been com- contract". For the purposes of the Coverage pleted or abandoned. Form, a domestic "employee" is a person en- In this exclusion, your work means: gaged in household or domestic work per- formed principally in connection with a resi- a. Work or operations performed by you or on dence premises. your behalf; and 5. Fellow Employee b. Materials, parts or equipment furnished in "Bodily injury" to any fellow "employee" of the connection with such work or operations. "insured" arising out of and in the course of the Your work includes warranties or representa- fellow "employee's" employment or while per- tions made at any time with respect to the fit- forming duties related to the conduct of your ness, quality, durability or performance of any business. of the items included in Paragraph a. or b. above. 6. Care,Custody Or Control "Property damage" to or"covered pollution cost Your work will to deemed completed at the P Y 9 P earliest of the following times: or expense" involving property owned or trans- ported by the "insured" or in the "insureds" (1) When all of the work called for in your care, custody or control. But this exclusion contract has been completed. does not apply to liability assumed under a (2) When all of the work to be done at the sidetrack agreement. site has been completed if your contract 7. Handling Of Property calls for work at more than one site. "Bodily injury" or "property damage" resulting (3) When that part of the work done at a job from the handling of property: site has been put to its intended use by lace where it is any person or organization other than a. Before it is moved from the P another contractor or subcontractor accepted by the "insured" for movement working on the same project. into or onto the covered"auto", or Work that may need service, maintenance, cor- b. After it is moved from the covered "auto" to rection, repair or replacement, but which is oth- the place where it is finally delivered by the erwise complete, will be treated as completed. "insured". 11. Pollution 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" arising out " of the actual, alleged or threatened discharge, Bodily injury" or "property damage" resulting b a mechani- dispersal, seepage, migration, release or es- from the movement of property y cape of"pollutants": cal device (other than a hand truck) unless the device is attached to the covered "auto". a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered"auto" Page 4 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 ❑ f (2) Otherwise in the course of transit by or c. Insurrection, rebellion, revolution, usurped on behalf of the"insured'; or power, or action taken by governmental au- (3) Being stored, disposed of, treated or thority in hindering or defending against any processed in or upon the covered "auto"; of these. b. Before the "pollutants" or any property in 13. Racing which the "pollutants" are contained are Covered "autos" while used in any professional moved from the place where they are ac- or organized racing or demolition contest or cepted by the "insured" for movement into stunting activity, or while practicing for such or onto the covered"auto'; or contest or activity. This insurance also does not c. After the "pollutants" or any property in apply while that covered "auto" is being pre- which the "pollutants" are contained are pared for such a contest or activity. moved from the covered "auto" to the place C. Limit Of Insurance where they are finally delivered, disposed of Regardless of the number of covered "autos", "in- or abandoned by the"insured". sureds", premiums paid, claims made or vehicles Paragraph a. above does not apply to fuels, lu- involved in the "accident", the most we will pay for bricants, fluids, exhaust gases or other similar the total of all damages and"covered pollution cost "pollutants" that are needed for or result from or expense" combined, resulting from any one "ac- the normal electrical, hydraulic or mechanical cident" is the Limit of Insurance for Liability Cover- functioning of the covered"auto"or its parts, if: age shown in the Declarations. (1) The "pollutants" escape, seep, migrate, All "bodily injury", "property damage" and "covered or are discharged, dispersed or released pollution cost or expense" resulting from continu- directly from an "auto" part designed by ous or repeated exposure to substantially the its manufacturer to hold, store, receive same conditions will be considered as resulting or dispose of such "pollutants'; and from one"accident". (2) The "bodily injury", "property damage" or No one will be entitled to receive duplicate pay- "covered pollution cost or expense" does ments for the same elements of "loss" under this not arise out of the operation of any Coverage Form and any Medical Payments Cov- equipment listed in Paragraphs 6.b. and erage Endorsement, Uninsured Motorists Cover- 6.c. of the definition of "mobile equip- age Endorsement or Underinsured Motorists Cov- ment". erage Endorsement attached to this Coverage Paragraphs b. and c. above of this exclusion Part. do not apply to "accidents" that occur away SECTION III—PHYSICAL DAMAGE COVERAGE from premises owned by or rented to an "in- A. Coverage sured" with respect to pollutants" not in or upon a covered "auto" if: 1. We will pay for"loss" to a covered "auto" or its (1) The "pollutants" or any property in which equipment under: the "pollutants" are contained are upset, a. Comprehensive Coverage overturned or damaged as a result of the From any cause except: maintenance or use of a covered "auto"; (1) The covered "auto's" collision with an- and other object; or (2) The discharge, dispersal, seepage, mi- (2) The covered "auto's"overturn. gration, release or escape of the "pollut- ants" is caused directly by such upset, b. Specified Causes Of Loss Coverage overturn or damage. Caused by: 12. War (1) Fire, lightning or explosion; "Bodily injury" or "property damage" arising di- (2) Theft; rectly or indirectly out of: (3) Windstorm, hail or earthquake; a. War, including undeclared or civil war; (4) Flood; b. Warlike action by a military force, including (5) Mischief or vandalism; or action in hindering or defending against an actual or expected attack, by any govern- (6) The sinking, burning, collision or derail- ment, sovereign or other authority using ment of any conveyance transporting the military personnel or other agents; or covered "auto". CA 00 0103 06 0 ISO Properties, Inc., 2005 Page 6 of 12 13 c. Collision Coverage (2) Specified Causes Of Loss only if the Caused by: Declarations indicate that Specified Causes Of Loss Coverage is provided (1) The covered "auto's" collision with an- for any covered "auto"; or other object; or (3) Collision only if the Declarations indicate (2) The covered "auto's"overturn. that Collision Coverage is provided for 2. Towing any covered "auto". We will pay up to the limit shown in the Decla- However, the most we will pay for any ex- rations for towing and labor costs incurred each penses for loss of use is $20 per day, to a time a covered "auto" of the private passenger maximum of$600. type is disabled. However, the labor must be B. Exclusions performed at the place of disablement. 1. We will not pay for"loss"caused by or resulting 3. Glass Breakage—Hitting A Bird Or Animal— from any of the following. Such "loss" is ex- Falling Objects Or Missiles cluded regardless of any other cause or event If you carry Comprehensive Coverage for the that contributes concurrently or in any se- damaged covered "auto", we will pay for the fol- quence to the"loss". lowing under Comprehensive Coverage: a. Nuclear Hazard a. Glass breakage; (1) The explosion of any weapon employing b. "Loss" caused by hitting a bird or animal; atomic fission or fusion; or and (2) Nuclear reaction or radiation, or radioac- c. "Loss"caused by falling objects or missiles. tive contamination, however caused. However, you have the option of having glass b. War Or Military Action breakage caused by a covered"auto's"collision (1) War, including undeclared or civil war; or overturn considered a "loss" under Collision (2) Warlike action by a military force, includ- Coverage. ing action in hindering or defending 4. Coverage Extensions against an actual or expected attack, by a. Transportation Expenses any government, sovereign or other au- We will pay up to $20 per day to a maxi- thority using military personnel or other mum of $600 for temporary transportation agents; or expense incurred by you because of the to- (3) Insurrection, rebellion, revolution, tal theft of a covered "auto" of the private usurped power or action taken by gov- passenger type. We will pay only for those ernmental authority in hindering or de- covered "autos" for which you carry either fending against any of these. Comprehensive or Specified Causes of 2. We will not pay for"loss" to any covered "auto" Loss Coverage. We will pay for temporary while used in any professional or organized transportation expenses incurred during the racing or demolition contest or stunting activity, period beginning 48 hours after the theft or while practicing for such contest or activity. and ending, regardless of the policy's expi- We will also not pay for "loss" to any covered ration, when the covered "auto" is returned auto" while that covered "auto" is being Pre- to use or we pay for its "loss". pared for such a contest or activity. b. Loss Of Use Expenses 3. We will not pay for"loss" caused by or resulting For Hired Auto Physical Damage, we will from any of the following unless caused by pay expenses for which an "insured" be- other"loss"that is covered by this insurance: comes legally responsible to pay for loss of a. Wear and tear, freezing, mechanical or use of a vehicle rented or hired without a electrical breakdown. driver, under a written rental contract or a b. Blowouts, punctures or other road damage agreement. We will pay for loss of use ex- penses if caused by: to tires. (1) Other than collision only if the Declara- 4. We will not pay for "loss" to any of the follow- tions indicate that Comprehensive Cov- ing: erage is provided for any covered"auto", a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Page 6 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 13 b. Any device designed or used to detect 3. If a repair or replacement results in better than speed measuring equipment such as radar like kind or quality, we will not pay for the or laser detectors and any jamming appara- amount of the betterment. tus intended to elude or disrupt speed D. Deductible measurement equipment. c. Any electronic equipment, without regard to For each covered "auto", our obligation pay for, repair, return or replace damaged or stolen prop- whether this equipment is permanently in- erty will be reduced by the applicable deductible stalled, that receives or transmits audio, shown in the Declarations. Any Comprehensive visual or data signals and that is not de- Coverage deductible shown in the Declarations signed solely for the reproduction of sound. does not apply to"loss"caused by fire or lightning. d. Any accessories used with the electronic SECTION IV—BUSINESS AUTO CONDITIONS equipment described in Paragraph c. above. The following conditions apply in addition to the Exclusions 4.c.and 4.d. do not apply to: Common Policy Conditions: a. Equipment designed solely for the repro- A. Loss Conditions duction of sound and accessories used with 1. Appraisal For Physical Damage Loss such equipment, provided such equipment If you and we disagree on the amount of"loss", is permanently installed in the covered either may demand an appraisal of the "loss". "auto" at the time of the "loss" or such In this event, each party will select a competent equipment is removable from a housing unit appraiser. The two appraisers will select a which is permanently installed in the cov- competent and impartial umpire. The apprais- ered "auto" at the time of the "loss", and ers will state separately the actual cash value such equipment is designed to be solely and amount of"loss". If they fail to agree, they operated by use of the power from the will submit their differences to the umpire. A "auto's" electrical system, in or upon the decision agreed to by any two will be binding. covered "auto"; or Each party will: b. Any other electronic equipment that is: a. Pay its chosen appraiser; and (1) Necessary for the normal operation of b. Bear the other expenses of the appraisal the covered "auto" or the monitoring of and umpire equally. the covered "auto's" operating system; If we submit to an appraisal, we will still retain or our right to deny the claim. (2) An integral part of the same unit housing 2, Duties In The Event Of Accident, Claim,Suit any sound reproducing equipment de- Or Loss scribed in Paragraph a. above and per- manently installed in the opening of the We have no duty to provide coverage under dash or console of the covered "auto" this policy unless there has been full compli- normally used by the manufacturer for ance with the following duties: installation of a radio. a. In the event of "accident", claim, "suit" or 5. We will not pay for "loss" to a covered "auto" "loss", you must give us or our authorized due to "diminution in value". representative prompt notice of the "acci- C. Limit Of Insurance dent"or"loss". Include: 1. The most we will pay for "loss" in any one "ac_ (1) How, when and where the "accident" or cident" is the lesser of: "loss"occurred; a. The actual cash value of the damaged or (2) The"insured's" name and address; and stolen property as of the time of the "loss"; (3) To the extent possible, the names and or addresses of any injured persons and b. The cost of repairing or replacing the dam- witnesses. aged or stolen property with other property b. Additionally, you and any other involved "in- of like kind and quality. sured"must: 2. An adjustment for depreciation and physical (1) Assume no obligation, make no payment condition will be made in determining actual or incur no expense without our consent, cash value in the event of a total"loss". except at the"insured's"own cost. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 7 of 12 ❑ (2) Immediately send us copies of any re- c. Take all or any part of the damaged or sto- quest, demand, order, notice, summons len property at an agreed or appraised or legal paper received concerning the value. claim or"suit". If we pay for the "loss", our payment will include (3) Cooperate with us in the investigation or the applicable sales tax for the damaged or sto- settlement of the claim or defense len property. against the"suit". 5. Transfer Of Rights Of Recovery Against (4) Authorize us to obtain medical records Others To Us or other pertinent information. If any person or organization to or for whom we (5) Submit to examination, at our expense, make payment under this Coverage Form has by physicians of our choice, as often as rights to recover damages from another, those we reasonably require. rights are transferred to us. That person or or- c. If there is "loss" to a covered "auto" or its ganization must do everything necessary to se- equipment you must also do the following: cure our rights and must do nothing after"acci- dent" or"loss"to impair them. (1) Promptly notify the police if the covered B. General Conditions "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the 1. Bankruptcy covered "auto" from further damage. Bankruptcy or insolvency of the "insured" or the Also keep a record of your expenses for "insured's" estate will not relieve us of any obli- consideration in the settlement of the gations underthis Coverage Form. claim. 2. Concealment, Misrepresentation Or Fraud (3) Permit us to inspect the covered "auto" This Coverage Form is void in any case of and records proving the "loss" before its fraud by you at any time as it relates to this repair or disposition. Coverage Form. It is also void if you or any (4) Agree to examinations under oath at our other "insured", at any time, intentionally con- request and give us a signed statement ceal or misrepresent a material fact concern- of your answers. ing: 3. Legal Action Against Us a. This Coverage Form; No one may bring a legal action against us un- b. The covered"auto"; der this Coverage Form until: c. Your interest in the covered"auto"; or a. There has been full compliance with all the d. A claim under this Coverage Form. terms of this Coverage Form; and 3. Liberalization b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to If we revise this Coverage Form to provide pay or until the amount of that obligation more coverage without additional premium has finally been determined by judgment af- charge, your policy will automatically provide ter trial. No one has the right under this pol- the additional coverage as of the day the revi- icy to bring us into an action to determine sion is effective in your state. the"insureds" liability. 4. No Benefit To Bailee—Physical Damage 4. Loss Payment—Physical Damage Coverages Coverages We will not recognize any assignment or grant At our option we may: any coverage for the benefit of any person or organization holding, storing or transporting a. Pay for, repair or replace damaged or stolen property for a fee regardless of any other provi- property; sion of this Coverage Form. b. Return the stolen property, at our expense. We will pay for any damage that results to the"auto"from the theft; or Page 8 of 12 © ISO Properties, Inc., 2005 CA 00 0103 06 ❑ 5. Other Insurance 7. Policy Period,Coverage Territory a. For any covered "auto" you own, this Cov- Under this Coverage Form, we cover "acci- erage Form provides primary insurance. For dents"and "losses"occurring: any covered "auto" you don't own, the in- a. During the policy period shown in the Decla- surance provided by this Coverage Form is rations; and excess over any other collectible insurance. However, while a covered "auto" which is a b. Within the coverage territory. "trailer" is connected to another vehicle, the The coverage territory is: Liability Coverage this Coverage Form pro- a. The United States of America; vides for the"trailer'is: it is connected to a motor b. The territories and possessions of the (1) Excess while vehicle you not own. United States of America; (2) Primary while it is connected to a cov- ered"auto"you own. d. Canada; and b. For Hired Auto Physical Damage Coverage, e. Anywhere in the world if: any covered "auto" you lease, hire, rent or (1) A covered "auto" of the private passen- borrow is deemed to be a covered "auto" ger type is leased, hired, rented or bor- you own. However, any "auto" that is rowed without a driver for a period of 30 leased, hired, rented or borrowed with a days or less; and driver is not a covered "auto". (2) The "insured's" responsibility to pay c. Regardless of the provisions of Paragraph damages is determined in a"suit"on the a. above, this Coverage Form's Liability merits, in the United States of America, Coverage is primary for any liability as- the territories and possessions of the sumed under an "insured contract". United States of America, Puerto Rico, d. When this Coverage Form and any other or Canada or in a settlement we agree Coverage Form or policy covers on the to. same basis, either excess or primary, we We also cover "loss" to, or "accidents" involy- will pay only our share. Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of our between any of these places. Coverage Form bears to the total of the lim- g, Two Or More Coverage Forms Or Policies its of all the Coverage Forms and policies Issued By Us covering on the same basis. 6. Premium Audit If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- a. The estimated premium for this Coverage parry affiliated with us apply to the same "acci- Form is based on the exposures you told us dent", the aggregate maximum Limit of Insur- you would have when this policy began. We ance under all the Coverage Forms or policies will compute the final premium due when shall not exceed the highest applicable Limit of we determine your actual exposures. The Insurance under any one Coverage Form or estimated total premium will be credited policy. This condition does not apply to any against the final premium due and the first Coverage Form or policy issued by us or an at- Named Insured will be billed for the bal- filiated company specifically to apply as excess ance, if any. The due date for the final pre- insurance over this Coverage Form. mium or retrospective premium is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the es- timated total premium exceeds the final A. "Accident" includes continuous or repeated expo- premium due, the first Named Insured will sure to the same conditions resulting in "bodily in- get a refund. jury"or"property damage". b. If this policy is issued for more than one B. "Auto"means: year, the premium for this Coverage Form 1. A land motor vehicle, "trailer' or semitrailer de- will be computed annually based on our signed for travel on public roads; or rates or premiums in effect at the beginning of each year of the policy. CA 00 01 03 06 0 ISO Properties, Inc., 2005 Page 9 of 12 ❑ 2. Any other land vehicle that is subject to a com- Paragraph a. above does not apply to fuels, lu- pulsory or financial responsibility law or other bricants, fluids, exhaust gases or other similar motor vehicle insurance law where it is licensed "pollutants" that are needed for or result from or principally garaged. the normal electrical, hydraulic or mechanical However, "auto" does not include "mobile equip- functioning of the covered"auto"or its parts, if: ment". (1) The "pollutants" escape, seep, migrate, C. "Bodily injury' means bodily injury, sickness or dis- or are discharged, dispersed or released ease sustained by a person including death result- directly from an "auto" part designed by ng from any of these. its manufacturer to hold, store, receive or dispose of such"pollutants'; and D. "Covered pollution cost or expense" means any cost or expense arising out of: (2) The "bodily injury", "property damage" or "covered pollution cost or expense"does 1. Any request, demand, order or statutory or not arise out of the operation of any regulatory requirement that any "insured" or equipment listed in Paragraph 6.b. or others test for, monitor, clean up, remove, con- 6.c. of the definition of "mobile equip- tain, treat, detoxify or neutralize, or in any way ment". respond to, or assess the effects of "pollut- ants"; or Paragraphs b: and c. above do not apply to "accidents" that occur away from premises 2. Any claim or"suit" by or on behalf of a govern- owned by or rented to an "insured"with respect mental authority for damages because of test- to"pollutants"not in or upon a covered "auto" if: ing for, monitoring, cleaning up, removing, con- (1) The "pollutants" or any property in which taining, treating, detoxifying or neutralizing, or the "pollutants" are contained are upset, in any way responding to or assessing the ef- overturned or damaged as a result of the facts of"pollutants". maintenance or use of a covered "auto"; "Covered pollution cost or expense" does not in- and clude any cost or expense arising out of the actual, (2) The discharge, dispersal, seepage, mi- alleged or threatened discharge, dispersal, seep- The di, release or escape of the "e, mi- age, migration, release or escape of"pollutants" ants" is caused directly by such upset, a. That are, or that are contained in any prop- overturn or damage. erty that is: E. "Diminution in value" means the actual or per- (1) Being transported or towed by, handled, ceived loss in market value or resale value which or handled for movement into, onto or results from a direct and accidental "loss". from the covered "auto"; F. "Employee" includes a "leased worker" "Em- (2) Otherwise in the course of transit by or ployee"does not include a"temporary worker". on behalf of the"insured" G. "Insured" means any person or organization quali- (3) Being stored, disposed of, treated or fying as an insured in the Who Is An Insured provi- processed in or upon the covered"auto'; sion of the applicable coverage. Except with re- b. Before the "pollutants" or any property in spect to the Limit of Insurance, the coverage af- which the "pollutants" are contained are forded applies separately to each insured who is moved from the place where they are ac- seeking coverage or against whom a claim or cepted by the "insured" for movement into "suit" is brought. or onto the covered"auto". or H. "Insured contract" means: c. After the "pollutants" or any property in 1. A lease of premises; which the "pollutants" are contained are moved from the covered "auto" to the place 2• A sidetrack agreement; where they are finally delivered, disposed of 3. Any easement or license agreement, except in or abandoned by the"insured". connection with construction or demolition op- erations on or within 50 feet of a railroad; Page 10 of 12 © ISO Properties, Inc., 2005 CA 00 01 03 06 ❑ 4. An obligation, as required by ordinance, to in- 3. Vehicles that travel on crawler treads; demnify a municipality, except in connection 4. Vehicles, whether self-propelled or not, main- with work for a municipality; tained primarily to provide mobility to perma- 5. That part of any other contract or agreement nently mounted: pertaining to your business (including an in- a. Power cranes, shovels, loaders, diggers or demnification of a municipality in connection drills; or with work performed for a municipality) under which you assume the tort liability of another to b. Road construction or resurfacing equipment pay for"bodily injury' or"property damage" to a such as graders, scrapers or rollers. third party or organization. Tort liability means a S. Vehicles not described in Paragraph 1., 2., 3., liability that would be imposed by law in the ab- or 4. above that are not self-propelled and are sence of any contract or agreement; maintained primarily to provide mobility to per- 6. That part of any contract or agreement entered manently attached equipment of the following into, as part of your business, pertaining to the types: rental or lease, by you or any of your "employ- a. Air compressors, pumps and generators, ees", of any "auto". However, such contract or including spraying, welding, building clean- agreement shall not be considered an "insured ing, geophysical exploration, lighting and contract" to the extent that it obligates you or well servicing equipment; or any of your "employees" to pay for "property b. Cherry pickers and similar devices used to damage" to any "auto" rented or leased by you raise or lower workers. or any of your"employees". A 6. Vehicles not described in Paragraph 1., 2., 3. or n "insured contract" does not include that part of any contract or agreement: 4. above maintained primarily for purposes other than the transportation of persons or a. That indemnifies a railroad for"bodily injury" cargo. However, self-propelled vehicles with or "property damage" arising out of con- the following types of permanently attached struction or demolition operations, within 50 equipment are not "mobile equipment" but will feet of any railroad property and affecting be considered "autos": any railroad bridge or trestle, tracks, road- a. Equipment designed primarily for: beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of (1) Snow removal; an "auto"to you or any of your"employees", (2) Road maintenance, but not construction if the "auto" is loaned, leased or rented with or resurfacing; or a driver; or (3) Street cleaning; c. That holds a person or organization en- b. Cherry pickers and similar devices mounted gaged in the business of transporting prop- on automobile or truck chassis and used to erty by"auto" for hire harmless for your use raise or lower workers; and of a covered "auto" over a route or territory c. Air compressors, pumps and generators, that person or organization is authorized to serve by public authority. including spraying, welding, building ing, geophysical exploration, lighting orr well well I. "Leased worker" means a person leased to you by servicing equipment. a labor leasing firm under an agreement between However, "mobile equipment" does not include you and the labor leasing firm, to perform duties land vehicles that are subject to a compulsory or related to the conduct of your business. 'Leased financial responsibility law or other motor vehicle worker"does not include a"temporary worker". insurance law where it is licensed or principally ga- J. "Loss" means direct and accidental loss or dam- raged. Land vehicles subject to a compulsory or fi- age. nancial responsibility law or other motor vehicle in- K. "Mobile equipment" means any of the following surance law are considered "autos". types of land vehicles, including any attached ma- L. "Pollutants" means any solid, liquid, gaseous or chinery or equipment: thermal irritant or contaminant, including smoke, 1. Bulldozers, farm machinery, forklifts and other vapor, soot, fumes, acids, alkalis, chemicals and vehicles designed for use principally off public waste. Waste includes materials to be recycled, roads; reconditioned or reclaimed. 2. Vehicles maintained for use solely on or next to M. "Property damage" means damage to or loss of premises you own or rent; use of tangible property. CA 00 0103 06 0 ISO Properties, Inc., 2005 Pagel 1 of 12 ❑ N. "Suit' means a civil proceeding in which: b. Any other alternative dispute resolution pro- 1. Damages because of "bodily injury" or 'prop- ceeding in which such damages or"covered erty damage"; or pollution costs or expenses" are claimed and to which the insured submits with our 2. A"covered pollution cost or expense", consent. to which this insurance applies, are alleged. O. 'Temporary worker" means a person who is fur- "Suit" includes: nished to you to substitute for a permanent "em- a. An arbitration proceeding in which such ployee"on leave or to meet seasonal or short-term damages or "covered pollution costs or ex- workload conditions. penses" are claimed and to which the "in- P. "Trailer" includes semitrailer. sured" must submit or does submit with our consent; or Page 12 of 12 ©ISO Properties, Inc., 2005 CA 00 0103 06 ❑ COMMERCIAL AUTO CA 88 66 05 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. Schedule Name of Person(s) or Organization(s): As Per Written Contract Regarding Designated Contract or Project: As Per Written Contract Each person or organization shown in the Schedule of this endorsement is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the"bodily injury"or"property damage", then this insurance will be primary and we will not seek contribution from such insurance. ©2013 Liberty Mutual Insurance.All rights reserved. '.. CA 88 66 05 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 ENVIRONMENTAL MULTILINE EXCESS accordance with the terms of the POLICY UNDERLYING INSURANCE and this policy during the POLICY PERIOD or Extended FOLLOW FORM EXCESS LIABILITY Reporting Period if applicable. COVERAGE B. Coverage under this policy shall be effective THIS EXCESS POLICY PROVIDES CLAIMS only after the limit of liability of all applicable UNDERLYING INSURANCE has been MADE AND REPORTED COVERAGE TO THE exhausted by the actual payment of EXTENT THAT ANY UNDERLYING COVERAGE DOES SO AND IS EFFECTRIE UPON ULTIMATE NET LOSS #o which this policy EXHAUSTION OF THE UNDERLYING apples. COVERAGE. WHERE CLAIM"ADE AND C. Coverage under this policy is subject to the REPORTED COVERAGE IS PROVIDED, CLAIMS same warranties, insuring agreements, MUST FIRST BE MADE AGAINST THE INSURED exclusions, definitions, conditions and other AND MUST BE REPORTED IN WRITING TO THE terms contained in the UNDERLYING COMPANY DURING THE POLICY PERIOD OR INSURANCE in effect on the inception date ANY APPLICABLE EXTENDED CLAIMS of this policy, except as to premium, duty to REPORTING PERIOD. THE PAYMENT OF defend, limits of liability, and notice, and CLAIM EXPENSES SHALL REDUCE THE LIMITS except as to any other provisions in this OF INSURANCE IN THIS POLICY WHERE THE policy inconsistent with those in the LIMITS OF INSURANCE OF UNDERLYING UNDERLYING INSURANCE. PoJCtES ARE REDUCED BY CLAIM EXPENSES. PLEASE READ THE ENTIRE D. This policy shall not be broader than POLICY CAREFULLY. coverage provided under the UNDERLYING INSURANCE. Throughout this policy, the words "you" and "your" refer to the NAMED INSURED shown in the DEFENSE Declarations, and any other person or organization qualifying as an INSURED under this policy. The A. Except as provided in paragraph B below: words "oW, "us" and `our" refer to the company providing this insurance. 1. We will not be required to assume charge of the investigation or defense of Words and phrases that appear in capital letters any CLAIM or SUIT against you; and have special meaning and are defined in Section 11 —Definitions. 2. You have the sole responsibility for the investigation, settlement, defense and By acceptance of this policy. you agree that the final disposition of any CLAIM or suit statements in the application and its attachments brought to which this policy applies. You are your representations and that they are hereby shall settle all CLAIMS or suits which deemed material and are hereby made a part of reasonably should be settled provided, this policy. You also agree that this policy is issued however, that you strati not make or in reliance upon the truth and accuracy of such agree to any settlement for any sum representations and that this policy oontains all of involving the UNDERLYING the agreements existing between you and us INSURANCE or this policy without our relating to this insurance. written consent. I. Insuring agreement S. 1. We shall not pay any CLAIM EXPENSES unless a CLAIM or suit COVERAGE otherwise covered by UNDERLYING INSURANCE will not be defended by the A We will indemnify you for ULTIMATE NET UNDERLYING INSURER due to the LOSS in excess of the UNDERLYING exhaustion of the applicable limits paid INSURANCE as stated in Item 6 of the thereunder. We will have the right and policy Declarations which results from duty to defend any CLAIM or suit for CLAIMS made against you and reported to which there would be a right and duty to us and the UNDERLYING INSURERS in defend under the UNDERLYING 00 EMX 0001 CO 03 04 1 of 7 INSURANCE but for the exhaustion of 1. The total amount that you are legally any applicable limits paid thereunder, obligated to pay by reason of BODILY INJURY, PROPERTY DAMAGE, 2. We shall not be obligated to defend any PERSONAL AND ADVERTISING INJURY, CLAIM or suit, or pay any CLAIM LOSS or CLEANUP COSTS for a covered EXPENSES, after our applicable limit of CLAIM either by adjudication or In a liability has been exhausted by payments settlement to which we agree in writing; pursuant to this policy. and C. We may, at our sole discretion, 2. With respect to UNDERLYING participate in the investigation, INSURANCE, except any Contractors settlement, or defense of any CLAIM or Pollution Liability, Professional Liability or suit covered by this policy which in our Pollution Legal Liability Coverages as opinion involves or appears to involve applicable: coverage under this policy, even if the UNDERLYING INSURANCE has not a. If CLAIM EXPENSES are subject to the been exhausted. If we elect to so Limits of Liability of an APPLICABLE participate, you shall fully cooperate with UNDERLYING POLICY, then CLAIM us. Your duty to cooperate with us Is a EXPENSES payable for a CLAIM condition precedent to coverage under covered under this policy are subject to this policy and your failure to cooperate the Limit of Liability stated in the shall relieve us of our liability. Declarations of this policy and are II.DEFINITIONS LOSS; as part of ULTIMATE NET LOSS; and A. APPLICABLE UNDERLYING POLICY(IES) b. If CLAIM EXPENSES are payable in means the policy designated in Item a of the addition to the Limits of Liability of an Declarations where an individual CLAIM or APPLICABLE UNDERLYING POLICY, LOSS is deemed to be covered. then we will pay CLAIM EXPENSES payable for a CLAIM covered under this B. CONTROLLING UNDERLYING INSURANCE policy in addition to the applicable Limit means the policy designated in Item B.a. of the of Liability stated in the Declarations of Declarations and any renewal or replacement this policy, but only for BODILY of said policy. INJURY, PROPERTY DAMAGE or C. NAMED INSURED means the individual, PERSONAL AND ADVERTISING partnership or corporation designated in Item 1 INJURY covered by this policy. of the Declarations. 3. With respect to any Contractors Pollution D. INSURED means the NAMED INSURED and Liability, Professional Liability or Pollution those persons qualifying as INSUREDS under Legal Liability Coverage scheduledas UNDERLYING INSURANCE. UNDERLYING INSURANCE, CLAIM EXPENSES payable under this policy are E. POLICY PERIOD means the period of time subject to the Limit of Liability of this policy designated in Item 3 of the Declarations. and are included as part of ULTIMATE NET LOSS. F. UNDERLYING INSURANCE means those 4, ULTIMATE NET LOSS does not include policies designated in Item 5of the Declarations and any renewals or your office costs, expanses, or salaries of replacements of such policies. your employees. G. UNDERLYING INSURER(S) means any The following terms used in this policy have the COMPANY issuing any policy of same meaning as provided in the CONTROLLING UNDERLYING INSURANCE. UNDERLYING INSURANCE H. ULTIMATE NET LOSS means: L BODILY INJURY J. CLAIMS 00 EMX 000100 03 04 2 of 7 K. CLAIM EXPENSE(S) INSURANCE and arising out of continuous or repeated exposure to L. CLEANUP COSTS substantially the some general conditions shall be deemed to arise out M. COVERED OPERATIONS of one OCCURRENCE; N. FUNGUS(I) 2. With respect to PERSONAL AND O. IMPAIRED PROPERTY ADVERTISING INJURY under UNDERLYING INSURANCE, all P. LOSS(ES) damages involving the same, related or continuous injurious material, act or O MOLD OFFENSE (regardless of the frequency or repetition thereof, the number or kind R. OCCURRENCE of media used, or the number of claimants) shall be deemed to arise out S, OFFENSE of one OFFENSE; T. PERSONAL AND ADVERTISING INJURY 3. With respect to CLAIMS under any Contractors Pollution Liability Coverage U. POLLUTION EVENT Part of UNDERLYING INSURANCE, all CLAIMS arising out of the same, relates! V. PROPERTYDAMAGE or continuous POLLUTION EVENT shall be deemed to arise out of one CLAIM; W. SPORE(S) 4. With respect to CLAIMS under any X. SUIT Professional Liability Coverage Part of Y. YOUR PRODUCT UNDERLYING INSURANCE, all CLAIMS arising out of the same, related Z. YOUR WORK or continuous WRONGFUL ACTS,errors or ommissions shall be deemed to arise AA. WRONGFUL ACT out of one CLAIM; Ill. LIMITS of fiabllityfraductionf exhaustion of 5. With respect to BODILY INJURY, underlying limits PROPERTY DAMAGE or CLEANUP COSTS under any applicable Pollution A. The limits of liability shown in the Declarations Legal Liability Coverage Part of and the terms and conditions herein fix the UNDERLYING INSURANCE, all LOSS maximum we will pay regardless of the arising out of the same, related or number of INSUREDS under this policy, the continuous pollution conditions shall be number of CLAIMS made or suits brought, or deemed to arise out of one LOSS. the number of persons or organizations All such CLAIMS for LOSS or damages, making CLAIMS or bringing suits. whenever made, shall be considered first B. Subject to Section Ili, paragraphs C and D made on the date on which the earliest below, the total limit of our liability for CLAIM was first made. ULTIMATE NET LOSS for each OCCURRENCE, OFFENSE or LOSS, or any C. Our liability shall attach onlyin the event of the combination thereof, shall not exceed the exhaustion of the limits) of liability of the amount specified in Item 5(a) of the UNDERLYING INSURANCE as a result of the Declarations as applicable to Each actual payment of ULTIMATE NET LOSS OCCURRENCE,OFFENSE or LOSS. covered thereunder; (1) in the event of such reduction, we shall pay excess of the reduced For the purpose of determining the limit of limit(s) of liability of the UNDERLYING ourliability INSURANCE; and (2) in the event of such exhaustion, the policy shall continue in force as 1. All BODILY INJURY or PROPERTY primary insurance excess of the per DAMAGE under UNDERLYING OCCURRENCE or per CLAIM seff insured 00 EMX 000100 03 04 3 of 7 i I retention or deductible In the APPLICABLE effect, however,will not Invalidate this policy, but in UNDERLYING INSURANCE, and such self the event of such failure, we shall only be liable to insured retention or deductible shall be applied the same extent as we would have been had you to any subsequent LOSS as specified in the complied with this condition. You shall furnish us APPLICABLE UNDERLYING INSURANCE, with a copy of the policy(ies) of the UNDERLYING D. This policy is subject to the aggregate limits of INSURANCE. liability specified in Item 5(b) of the As a condition precedent to your rights under this Declarations as the "General Aggregate'. policy, you shall give us written notice as soon as Subject to Section 1, Defense, paragraph B., 1, practicable of any change in the UNDERLYING this aggregate limit of liability is the maximum INSURANCE. This policy will not be subject to any amount that we will pay under this policy for all changes in the UNDERLYING INSURANCE unless ULTIMATE NET LOSS covered hereunder. we agree by written endorsement to this policy to When an amount is indicated in Item 5(c)of the follow such changes. You shall furnish us copies of Declarations, such aggregate limit of liability the policy changes. If there is an increase in risk shall apply separately to the Products- and/or premium of the UNDERLYING Completed Operations Hazard. INSURANCE, the premium for this policy may be adjusted. E. This policy shall drop down only in the event of exhaustion of the UNDERLYING INSURANCE For the purpose of determining the attachment of by the actual payment of ULTIMATE NET this policy, the limits of the UNDERLYING LOSS and shall not drop dawn for any other INSURANCE will not be reduced or exhausted by reason including, but not limited to, reason of any liability paid thereunder for CLAIMS uncollectibility (in whole or in part) of any not covered under this policy or any endorsement UNDERLYING INSURANCE The risk of hereto. uncoliectibility, of such UNDERLYING INSURANCE whether due to financial V.REPORT of CLAIMS impairment or insolvency of the UNDERLYING INSURERS or for any other reason, is You shall, as a condition precedent to coverage expressly retained by you and is not in anyway under this policy, provide us with written notice of a assumed by us. CLAIM or any situation that could give rise to a CLAIM under this policy or any UNDERLYING In the event of receivership, insolvency, andlor INSURANCE which appears likely to involve this inability to pay by the UNDERLYING policy or seeks damages in an amount that would INSURERS for any reason, this policy shall exceed 50% of the limits of the UNDERLYING operate as if such UNDERLYING INSURANCE INSURANCE in the same manner required by the were available and collectible. Our liability terms. and conditions of the APPLICABLE under this policy shall in no way be increased UNDERLYING POLICY. or expanded as a result of such UNDERLYING INSURERS' receivership, insolvency or You shall provide written notice as soon as inability to pay. practicable to the following address: F. Our obligations to you under this policy shall . Arch Insurance Oroup cease once the applicable limits of liability have Environmental Claims Department been exhausted by payment of ULTIMATE One Liberty Plaza,63rd Floor NET LOSS. Now York, New York 10006 IV. Maintenance of Underlying Insurance and Vl. EXCLUSIONS unimpaired undedying limits In addition to any applicable exclusions in It is agreed that the NAMED INSURED shall UNDERLYING INSURANCE, this policy does not maintain the UNDERLYING INSURANCE in full apply to: force and effect during the term of this policy, without alteration in terms and conditions, excet A. Any obligation incurred or imposed upon you or for reduction of such limits by payment of CLAIMS your insurer under the Employee Retirement to which this policy applies. Failure to maintain the Income Security Act of 1974, Public Law 93- UNDERLYING INSURANCE in full farce and 405, or amendments thereto or any similar 00 EMX 000100 03 04 4 of 7 provisions of state statutory law or common because of PROPERTY DAMAGE to any one law; premise while rented to you, or in case of damage by fire, while rented to you or B Any obligation that you may be held liable temporarily occupied by you with permission of under any uninsured motorists, underinsured the owner, motorists, or automobile no-fault or first panty law(s); it being expressly agreed that this policy H. Any Medical Payments coverage provided by does not afford any no-fault, uninsured UNDERLYING INSURANCE; motorists or underinsured motorists coverage; I. Any CLAIM based on or arising out of: C. BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY, ADVERTISING INJURY 1. The presence of any FUNGUS(I), or LOSS arising from any radioactive matter, SPORE(S), MOLD, or any substance, whether or not naturally present in the vapor or gas produced by or arising out of environment; any FUNGUS(I), SPORE(S), MOLD, or D. Discrimination on any basis, including but not 2. Water intrusion, condensation or other limited to' race, creed, religion, ethnic accumulation of moisture that results background, national origin,age,handicap,sex directly or indirectly in the presence of any or sexual orientation; FUNGUS([), SPORE(S), MOLD or any other substance, vapor or gas produced by E. Any BODILY INJURY, PROPERTY DAMAGE, or arising out of any FUNGUS(I), PERSONAL INJURY. ADVERTISING INJURY SPORE(S)or MOLD. OR LOSS arising out of. Vft.TERMINATION of the policy 1. The purchase, sale, offer of sale or solicitation of any security, debt, bank It is agreed that this policy will automatically deposit or financial interest or instrument; terminate upon the acquisition of the NAMED INSURED by another entity or the merger of the 2. Any representations made at any time in NAMED INSURED into another entity, such that relation to the price or value of any the NAMED INSURED is not the surviving entity,or security, debt, bank deposit or financial the consolidation of the NAMED INSURED with interest or instrument;or another entity, or the acquisition of substantially all of the assets of the NAMED INSURED by another 3. Any depreciation or decline in price or entity. value of any security, debt, bank deposit or financial interest or instrument; Vill. EXTENDED reporting period F. Damages claimed for any loss, cost or The Extended Reporting Period described below is expense incurred by you or others for the loss available under this policy only when such an of use, withdrawal, recall, inspection, repair, Autornafic Extended Claims Reporting Period Is replacement, adjustment, removal or disposal available and in effect under any coverage part of of, the CONTROLLING UNDERLYING INSURANCE. i. YOUR PRODUCT; A. If we or you terminate coverage or non-renew this insurance for any reason other than 2. YOUR WORK; or nonpayment of premium, your failure to comply with any term andlor condition, or fraud or 3. IMPAIRED PROPERTY; material misrepresentation, you shall be entitled to a period of sixty (60) days from the if such product, work or property is withdrawn date of policy termination to report CLAIMS or recalled from the market or from use by any covered by this policy which are made against person or organization because of a known or you prior to such termination; suspected defect, deficiency, inadequacy or dangerous condition in it; 6. The Extended Reporting Period described herein only refers to CLAIMS covered under G. Any CLAIM covered in whole or in part by the CONTROLLING UNDERLYING UNDERLYING INSURANCE for damages 00 EMX 000100 03 04 5 of 7 INSURANCE and CLAIMS first made against if the Aggregate Limit of Liability designated in Item you and reported to us in writing during the 5 of the Declarations applicable to any CLAIM Extended Reporting Period, and only with subject to the Automatic Extended Claims respect to ULTIMATE NET LOSS from Reporting Period has been exhausted by the CLAIMS arising out of acts, conditions or payment of ULTIMATE NET LOSS during the circumstances occurring before such POLICY PERIOD, the Automatic Extended Claims cancellation date or policy expiration.A CLAIM Reporting Period shall not apply, first made and reported in writing within the Extended Reporting Period shall be deemed to If this insurance policy is immediately succeeded have been made on the last day of the POLICY by another policy with comparable coverages as PERIOD shown in the Declarations; provided herein, then the succeeding policy shall be deemed to be a renewal hereof and the C. The Extended Reporting Period will only apply Automatic Extended Claims Reporting Period shall with respect to ULTIMATE NET LOSS from notappiy. CLAIMS arising out of. 1. BODILY INJURY or PROPERTY DAMAGE 1X General conditions that occurs on or after any applicable In addition to any applicable conditions in the Retroactive Date and before the end of the UNDERLYING INSURANCE, the following POLICY PERIOD; conditions apply to this policy. 2. PERSONAL AND ADVERTISING INJURY A. Legal Actlon Against Us caused by an OFFENSE committed on or after any applicable Retroactive Date and It is agreed that no legal action may be brought before the end of the POLICY PERIOD; against us until there has been full compliance with all the terms and conditions of the UNDERLYING 3. A POLLUTION EVENT resulting from INSURANCE and of this policy including a written COVERED OPERATIONS that took place acknowledgement by us that we agree that the on or after any applicable Retroactive Date NAMED INSURED has an obligation to pay or until and before the end of the POLICY the amount of the obligation has been finally PERIOD; determined by judgment after trial. No person or organization has a right under this policy to bring 4. A WRONGFUL ACT that took place on or us into an action to determine the NAMED after any applicable Retroactive Date and INSURED'S liability, before the end of the POLICY PERIOD; 5. BODILY INJURY, PROPERTY DAMAGE 13. Bankruptcy or CLEANUP COSTS arising from a It is agreed that the NAMED INSURED'S POLLUTION CONDITION that bankruptcy or Insolvency shall not relieve us of our commenced on or after any applicable obligations under this policy. Retroactive Date and before the end of the POLICY PERIOD. C. Retroactive Limitation Clause The Extended Reporting Period may not be This policy does not apply to: cancelled by us and does not require the payment 1 CLAIMS, conditions or circumstances of an additional premium, which have been notified to an insurer The Extended Reporting Period does not increase during any other policy which was effective or reinstate the Limits of Liability designated in Item prior to the inception date of this policy;or 5 of the Declarations, 2, CLAIMS, conditions or circumstances that The Aggregate Limit of Liability for the Extended prior to the inception of this policy, the Reporting Period shall be the amount of coverage NAMED INSURED knew or should have remaining in the policy's annual aggregate liability reasonably known could give rise to a limit shown in the Declarations. CLAIM under this policy. D. Cancellation 00 EMX 000100 03 04 6 of 7 This policy may be canceled by the NAMED UNDERLYING INSURANCE is exhausted upon INSURED by surrender to the COMPANY, or by the actual payment by the UNDERLYING mailing to the COMPANY written notice requesting INSURERS of ULTIMATE NET LOSS and in no cancellation and stating when thereafter such way shall this policy contribute on a pro rate basis cancellation shall take effect. with the UNDERLYING INSURANCE. This policy provision, however, shall not apply with respect to We may cancel this policy by written notice, mailed policies of insurance specifically purchased as cartifed, return receipt requested or delivered, to contractually excess of this policy and in which this the NAMED INSURED at the address shown in the policy is scheduled in writing as underlying Declarations. The notice shall state the effective Insurance. date of cancellation, which shall not be less than ten (10) days from the date notice is mailed for G. Choice of Law and Jurisdiction reason of nonpayment of premium or fraud; or thirty (30) days from the date notice is mailed for If a dispute arises over the meaning, interpretation any other reason consistent with applicable law. or operation of any term, condition, definition or Proof of mailing shall be sufficient proof of notice. provision of this policy, the NAMED INSURED agrees with us that the Haw of the State of New If we cancel the policy, the earned premium shall York shall apply and that all litigation, arbitration or be computed pro-rata. If the NAMED INSURED other form of dispute resolution shall take place in canoeis the policy, the refund shall be the New York. In the event that the NAMED INSURED customary short rate. The cancellation shah be agrees with us to resolve the dispute by arbitration, effective even if we have not made nor offered a the Commercial Arbitration rules of the American refund of premium. Arbitration Association shall apply, E. Transfer of Rights of Recovery and H. Sole Agent Subrogation The NAMED INSURED in item 1 of the If we make any payment under this policy, we shall Declarations shall be responsible for payment be subrogated to the NAMED INSUREDS rights of all premiums, and shall act on behalf of all against any parson or organization, including the other INSUREDS with respect to the giving and right to participate with the NAMED INSURED and receiving of notice of cancellation and the any UNDERLYING INSURER in the exercise of ail receipt of any return premium that may line NAMED INSUREDS rights of recovery. The become payable under this policy. NAMED INSURED shall execute and deliver instruments and papers to us and do whatever else is necessary to secure such rights. The NAMED INSURED shall do nothing to prejudice such rights. AN payments and settlements obtained by the NAMED INSURED after a settlement under this policy shall be applied as if obtained prior to the settlement and all necessary adjustments shall then be made between the NAMED INSURED and us. F. Other Insurance If other polices of insurance, in addition to this policy as described in the Declarations, have been issued to you which provide coverage for CLAIMS covered by this policy, in whole or in part, this policy shall apply in excess of those policies and this policy shall not contribute on a pro-rata or other basis with such other insurance. However, with respect to the UNDERLYING INSURANCE described in Item a of the Declarations this policy shall only apply when the Limit of Liability of the 00 EMX 000100 03 04 7 of 7 I 1 0/312 01 6 Review Statement of Intent Jil Washington State Department of kJ Labor & Industries Intent Details for Intent Id: 793448 Docvmeot Received Dace:T00312016 mtem ld:M,i4e AffldavR Id: 5bous:submate0n 101312016 Company Details PURCELL PAINTING&COATINGS UBI#:602440422 6456S 144TH ST Reg#:PURCEPC967QQ TUKWILA,WA 98168 E-mail:joe.mcgough9purcellpainting.com 206-835-6878 Industrial Insurance Account Id: 07491500 Filed By MCGough,joe Ptlme Corrode Company Name PURCELL PAINTING&COATINGS Contractor Reglub ren No. PURCUC967QQ WA URI Number 602440122 Phone Number 206-035-68I6 Itiout sur,nanon Avnkln9 Agency KENT,C"Oi '.. NO-4TH AVE 5 KENT,11A-980 3 2-5 89 5 Awarding Acores Cumad Nan,Clary Awarding Agenry condo Phone Number 253-RS6-5080 Gonad Number Profeet Name Kent Commons Ra[quetball Courts Bid due tr+m 9p12016 Award Date 9,30,2016 Project ste Add...or 01rect1ons '.. Intent Details Does your company Intend to hire subcontractors to perform all work? No Does your company intend to hire any subcontractors? No Will your company have employees perform work on this project? yes Do you intend to use any apprentices?(apprentices are considered No employees.) Will this project utilize American Recovery and Reinvestment Act No (ARM)funds? Specifically,will this project utilize anyweatherization or energy No efficiency upgrade funds(ARRA or otherwise)? How many owner/operators performing work on the project own 30% 0 or more of the company? What Is the estimated contract amount?Or Is this a time and materials S28,809.45 estimate? Expected project start date:rMM bo-`M'y) 10!412016 In what county(or counties)will the project he done? King In what city(or nearest city)will the project he done? Kent Journey Level Wages County Trade Ompatloo We9e Fringe #Workers KIn9 .Painters lmrtnes tend E29.68 L$11.61 4 Shea;Hide EOurog Nmes on Iril /o016: Pre 16597 -Lc t. ,Ii ..l^ .. , 1 . a https://secureaccess.wa.govAni/pwiaNewintmt.aspx 1/2 101312016 Review Statement cf Intent d Access aaA we3Eijiy.cn 6 Wa,mng cn Sele Geu..of Lab,3{ttl'- s.Use cF its 'a la mi UJeHi,, we f the, tb of Nashinginn. C tatY:9 https://secureaccess.wa.govllni/pwia/Vi wIntent.aspx D2 Corporations: Registration Detail - WA Secretary oC State Page 1 of 1 PURCELL P&C,LLC UBI Number 602440422 Category LLC ',.Active/Inactive Active State Of Incorporation WA WA Filing Date 10/25/2OM Expiration Date 1D/31/2017 Inactive Data Duration Registered Agent Information Agent Name JOSEPH L BROTHERTON Address 2900 WE BLAKELEY ST STE B City SEATTLE State ,.WA 'ZIP 981050000 Special Address Information Address City L, State Zip Governing Persam Title Name Address Member PURCELL,DAVID S i1502 SETH ST RENTON,WA 98057395E Member BROTHERTON,JDSEPH 4227 WE 33RD ST '.. SEATTLE,N'A 981055354 I https://www.sos.wa.gov/corps/search_detail.aspx?ubi-602440422 10/10/2016 City of Kent a Business License T KEN WASHIMOTOX PURCELL P&C LLC 6454 S 144TH ST TUKWILLA,WA 98168 I �I I it Please tear.qt perforation Per 82.14 le sales BUSINESS LICENSE use tae mb c end use must be coded LICENSE MUST BE RENEWED ANNUALLY BY No. 1715 for all qualified • JANUARY 31 TO AVOID PENALTY sales within the city of KENTIssuance of License Does Not Imply Licensee's Kent Wes aixoros Compli an ce wi th State and Lo cal Laws PHIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2016 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2150071 PURCELL P&C LLC MAYOR 6456 S 144TH ST The City Of Kent TUICWILLA,WA 98168 M2204THAVE SO KENT,WASHINGTON 98032 f _ REQUEST FOR A ° SIGNATURE `. ....e ._.,. ® T Please Fill in All Applicable Boxes K�N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Nate Harper APPROVALS: Date Sent: 10/31/2016 DATE OF COUNCIL APPROVAL: N/A Return Signed Document to: DATE OF CHIEF ADMINISTRATIVE Nancy Clary OFFICER APPROVAL: N/A VENDOR NAME: Purcell Painting & DATE OF FINANCE DIRECTOR Coatings APPROVAL: 10/10/2016 Date Required: 11/04/16 Phone (Originator): X5082 BUDGETED: YES X NO ❑ FUND: Facilities Capital Projects Brief Explanation of Document: Purcell Painting & Coatings will provide all labor and materials to remove existing wall coating, make all necessary repairs & install new coating system in the (4) racquetball courts at Kent Commons. Will be paid out of the Commons Racquetball Wall Repair project, funded through the Facilities Capital account. i rttaeust Be Routed Through The Law Department V x (This area to be completed by the Law Department) u O Received: VKW Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: ' "" Date Returned: I _ _