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HomeMy WebLinkAboutPK17-094 - Original - Al Vinson Inc dba SeaTac Sweeping - Sweeping of City Parking Lots - 03/01/2017 r / . /. " cordsMa,,,.,,,,n" `;� K T Document WASWINdTdN 1 f f} V I d CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Al Vinson Inc. dba Sea Tac Sweeping Vendor Number: 34267 JD Edwards Number Contract Number: Q K 1-1 6 This is assigned by City Clerk's Office Project Name: Sweeping Service of City Parking Lots Description: 0 Ynterlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ® Other: Contract Effective Date: 03101/17 Termination Date: 02/28/22 Contract R,enewa,I Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department Parks, Facilities Contract Amount: $15,579.62 Approval Authority: (CIRCLE ONE) IDepartment Directo Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of� 08/27/14 s K E N T w.nnr,oro., GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Al Vinson Inc, dba Sea Tac Sweeping THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Al Vinson Inc. dba Sea Tac Sweeping organized under the laws of the State of Washington, located and doing business at 26305 79th Ave S, Kent WA 98032, Al Vinson, 253 854-9717 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Sea Tac Sweeping Service shall provide weekly parking lot sweeping services to the following City of Kent buildings: Kent Commons, 525 4th Ave North, Senior Center, 600 E Smith Street, and monthly parking lot sweeping services to the following: Centennial Center Garage, 2"d &Titus, City Hall, 220 4th Ave S, City Hall Annex, 302 West Gowe, in accordance with the proposal which is attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goads, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by February 28, 2022. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $15,579.62, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall bill all services on a monthly basis. Terms: Net 30 days If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 ($20,000 or Less, including WSST) A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. Vendor 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. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, 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. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VII. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 ($20,000 or Less, including WSST) request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of 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 Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor 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 Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 ($20,000 or Less, including WSST) C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Fallow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, Instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 ($20,000 or Less, including WSST) In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Reelable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - S ($20,000 or Less, including WSST) G. L-_nLiLq_AgEgement, 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. Cgn2pliqnge_with Laws, The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. R(Ak�hcRec�ords A�ct, The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent,. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. !City Business License RUc.uired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, K. Counterparts and Signatures by Fax or Emall. 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. t,_­,__--1-----"--" ---------------- VENDOR: CITY OF KENT: By: By: (signature) Par sco lanature e (Signature) Print Name. t1l 6 6 Y) Pri Name: Julie Parascondola, Director Its: Its: Parks, Recreation and Community (utle) Services DATE:— DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Al Vinson Nancy Clary Al Vinson, Inc. dba Sea Tac Sweeping City of Kent 26305 79'r' Ave S 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253 854-9717 (telephone) (253) 856-5084 (telephone) 253 854-7244 (facsimile) GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ✓ s For: l�C— GtV Title: Date:— EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Page 1 of 1 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: 03/01/2017 County Trade Job Wag e Holiday Overtime Note Classification King Street And I'm kin,, Lot Journey Level $19.09 1 Swemer Woi kei s httnq-//fnrtre-,-,.wa.gov/lni/wagelenkun/mvWa.geleekun.asnx 1/30/2017 EXHIBIT _CITY OF KENT-QUOTE FOR PARKING LOT SWEEPING SERVICES COMPANY NAME ., .P�__ ? COMPANY REP: I TOTAL TOTAL TOTAL TOTAL � TOTAL CITY OF KENT INCL WSST INCL WSST�INCI,WSST INCL WSST INCL WSST FACILITY AND 09/2016- 09/201.7- C19/2018- � 09/2,019 - 09/2020- ADDRESS SWEEPING FREQUENCY&GAY TIME 08 2017 08 2018 08 2019 08 2020 08 2021. KENT COMMONS IWeekly Service m Sundays after 5 pp p,m 525 4TH AVE NORTH m..1m .m._.m 20-E—E dT A W_ SENIOR CENTER I Weekly Service-Sundays after 6:00 p m, ��y•'�� ���� � d���`�, � �� �Cl 5,�l�� �(��,._�.�Cd�'f 600 E SMITH STREET CENTENNIAL GARAGE Once,Per Meath 2ND &TITUS CITY HALL Owe per Month-Sundays after 3:00 p.m,_.,Y��1�-� ��' (�a�ia��, r"�1 �''� ��� * 1-- 220 4TH AVE SOUTH _ , _ I _ CITY HALL ANNEXOnce per Meath -Sundays after 3 00 p.m. 302 WEST GOWE .+ TOTAL EACH YEAR REQUIREMENTS FOR CITY OF KENT GOODS&SERVICES FOR ORDINARY MAINTENANCE AGREEMENT AGREETO ALL LANGUAGE IN ATTACHED AGREEMENT ABILITY TO MEET INSURANCE REQUIREMENTS AS OUTLINED IN,ATTACHED EXHIBIT B MUST PAY PREVAILING WAGES-REQUIRED TO FILE INTENT WITH STATE OF WASHI'NGTON AND PROVIDE STATE ASSIGNED INTENT NUMBER IvfAINTAIN AND SHOW PROOF OF CITY OF KENT BUSINESS LICENSE FOR EACH YEAR AGEEMENT IS IN EFFECT EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Client#: 133857 SEATSWEE ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE 112017(MMIDDI 210(MMIDWYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Leslie Burleson Propel Insurance NAME PHONE 800 499-0933 FA 866 577-1326 Tacoma Commercial Insurance E-AILo Ex1: Alc,Ne ADDRESS: leslie.burieson@propelinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC p Tacoma,WA 98402 INSURER A:Union Insurance Company 25844 INSURED INSURER B AI Vinson Inc.,dba Sea-Tac Sweeping • 26305 79th Avenue South INSURERC: Kent,WA 98032 INSURER D• - INSURER E: INSURER F• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LTR TYPE OF INSURANCE IINSRL y VD POLICY NUMBER MANDDY EFF POLICY EXP LIMITS A GENERAL LIABILITY X X CPA2880043 0610112016 06101112017 EACH OCCURRENCE $1 000 000 ix COMMERCIAL GENERAL LIABILITY PREMISES EaENT D nce s 300 000 CLAIMS-MADE EX OCCUR MED EXP(Any one person) $1 O 000 PD Ded:500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000 000 GEUL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,000 POLICY X PRO- LOC S ECT A AUTOMOBILE LIABILITY X X CPA2880043-27 6/01/2016 06/01/201 COMBINEDSINGLE LIMIT Ea acc ED 5110009000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) 5 AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ A X UMBRELLA LIAB X OCCUR X X CPA2880043-27 0610112016 0610112017 EACH OCCURRENCE $5 00O 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $6 000 000 DED RETENTIONS $ A WORKERS COMPENSATION CPA2880043-27 6/01/2016 06/01/201 JO Y X oTH- AND EMPLOYERS'LIABILITY YIN LIMITSFR ANY PROPRIETORIPARTNERIEXECUTIVE WA Stop Gap Only E L.EACH ACCIDENT S1 O0O 000 OFFICERIMEMBER EXCLUDED? � N I A (Mandatory in NH) E.L.DISEASE-EAEMPLOYEE1$1 00O 000 If yes,describe under E.L.DISEASE-POLICY LIMIT 000$1 000 DESCRIPTION OF OPERATIONS below , , A Auto Physical CPA2880043-27 1610112016 06/01/201 $1,000 Comp Deductible Damage-Specified $1,000 Collision Deduct Vehicles Only DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Kent is included as an additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Clary ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S25736331M2223740 LRB01 1? This page has been left blank.'intentionalIy: " " - COMMERCIAL GENERAL LIABILITY CL CG FS 01 09 08 Policy Number: CPA 2880043 -27 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms, Conditions, and Endorsements are applicable to: Commercial General Liability State* Number Edition Descriotion ALL 9-CG DS 01 10-2001 Commercial General Liability Declarations ALL CL CG 99 32 01-2015 Commercial General Liability Supplemental Declarations Schedule ALL CL CG FS 01 09-2008 Schedule of Forms and Endorsements ALL CG 00 01 12-2007 Commercial General Liability Coverage Form ALL CG 00 68 05-2009 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion ALL CG 01 97 12-2007 Washington Changes-Employment- Related Practices Exclusion ALL CG 03 00 01-1996 Deductible Liability Insurance ALL CG 04 35 12-2007 Employee Benefits Liability Form ALL CG 04 42 11-2003 Stop Gap -Employers Liability Coverage Endorsement-Washington ALL CG 04 50 05-2008 Washington Changes-Who Is An Insured ALL CG 20 18 11-1985 Additional Insured -Mortgagee, Assignee, Or Receiver ALL CG 21 06 05-2014 Exclusion-Access or Disclosure of Confidential Or Personal Information and Data-Related Liability-With Limited Bodily Injury Exception ALL CG 21 54 01-1996 Exclusion- Designated Operations Covered By A Consolidated (Wrap- Up) Insurance Program ALL CG 21 71 01-2015 Exclusion of Other Acts of Terrorism Committed Outside The United States; Cap on Losses From Certified Acts of Terrorism ALL CG 21 76 01-2015 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism ALL CG 21 86 12-2004 Exclusion -Exterior Insulation And Finish Systems ALL CG 21 96 03-2005 Silica Or Silica- Related Dust Exclusion ALL CG 24 26 07-2004 Amendment Of Insured Contract Definition ALL CG 26 77 12-2004 Washington - Fungi or Bacteria Exclusion ALL CL CG 00 13 08-2013 General Liability Platinum Endorsement ALL CL CG 00 20 01-2012 Contractor General Liability Platinum Endorsement ALL CL CG 02 02 01-2012 Notice Of Cancellation To Designated Person(s) Or Organization(s) Other Than The Named Insured ALL CL CG 20 52 01-2012 Additional Insured -Owners, Lessees, Contractors Or Others-Ongoing Operations-Automatic Status, Including Primary Non-Contributory ALL CL CG 21 08 07-2002 Asbestos Exclusion ALL CL IL 99 18 L 07-2012 Blank Endorsement General Liability 'When the word"ALL"appears in the state column,the form applies to all states on the policy. CL CG FS 0109 08 Page 1 of 1 COMMERCIAL AUTO CL CA FS 0109 08 Policy Number: CPA 2880043-27 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms,Conditions, and Endorsements are applicable to: Commercial Auto State" Number Edition Description ALL B CA DS 03 06-2015 Business Auto Declarations ALL CL CA FS 01 09-2008 Schedule of Forms and Endorsements ALL CA 00 01 10-2013 Business Auto Coverage Form ALL CA 01 35 10-2013 Washington Changes ALL CA 02 40 10-2013 Suspension of Insurance ALL CA 21 34 10-2013 Washington Underinsured Motorists Coverage ALL CA 23 92 10-2013 Washington Exclusion of Terrorism ALL CA 23 94 10-2013 Silica Or Silica-Related Dust Exclusion For Covered Autos Exposure ALL CA 99 03 10-2013 Auto Medical Payments Coverage ALL CL CA 0108 02-2015 Asbestos Exclusion ALL CL CA 01 49 02-2015 Commercial Automobile Expansion Endorsement Platinum ALL CW 32 28 WA 02-2015 Named Driver Exclusion-Washington When the word"ALL"appears in the state column, the fort applies to all states on the policy. CL CA FS 01 09 08 Page 1 of 1 COMMERCIAL LIABILITY UMBRELLA CL CU FS 0109 08 Policy Number: CPA 2880043-27 SCHEDULE OF FORMS AND ENDORSEMENTS The following Declarations, Coverage Forms, Conditions,and Endorsements are applicable to: Commercial Umbrella State" Number Edition Description ALL B CU DS 01 01-2007 Commercial Liability Umbrella Declarations ALL CL CU FS 01 09-2008 Schedule of Forms and Endorsements ALL CL CU 2105 03-2008 Driver Exclusions ALL CL CU 2166 01-2007 Exclusion-Asbestos ALL CL CU 2167 01-2007 Exclusion Punitive Damages ALL CL CU 21 75 01-2007 Exclusion-Lead ALL CL CU 22 76 09-2015 Exclusion-Cyber Liability ALL CL CU 24 04 01-2007 Changes-Premium Audit ALL CL CU 24 05 06-2008 Per Location And Products-Completed Operations Aggregate Limits ALL CL CU 24 16 01-2007 Employee Benefits Liability Coverage ALL CL CU 24 74 09-2013 Blanket Waiver of Transfer of Rights of Recovery Against Others To Us ALL CU 00 01 12-2007 Commercial Liability Umbrella Coverage Form ALL CU 00 04 05-2009 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion ALL CU 0121 09-2000 Washington Changes ALL CU 0124 12-2001 Washington Changes-Employment-Related Practices Exclusion ALL CU 2123 02-2002 Nuclear Energy Liability Exclusion Endorsement ALL CU 21 31 01-2015 Exclusion of Other Acts of Terrorism Committed Outside the United States; Cap on Losses From Certified Acts of Terrorism ALL CU 2136 01-2015 Exclusion Of Punitive Damages Related To a Certified Act of Terrorism ALL CU 2142 12-2004 Exclusion -Exterior Insulation And Finish Systems ALL CU 2150 03-2005 Silica Or Silica-Related Dust Exclusion ALL CU 2186 05-2014 Exclusion-Access or Disclosure of Confidential Or Personal Information and Data-Related Liability-With Limited Bodily Injury Exception ALL CU 24 14 09-2000 Fellow Employee Auto Coverage ALL CU 24 32 12-2005 Limited Coverage Territory ALL CU 26 77 12-2004 Washington-Fungi Or Bacteria Exclusion 'When the word"ALL"appears in the state column,the form applies to all states on the policy. CL CU FS 0109 08 Page 1 of 1 COMMERCIAL AUTO CLCA01490215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement,the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZA- ganization is liable for"bodily injury" or"prop- TIONS erty damage": because of the conduct of an The following is added to Paragraph A.I. Who Is "insured" under Paragraphs a. or b. under An Insured of Section II - Covered Autos Liability Paragraph A.I.Who Is An Insured of Section Coverage: II -Covered Autos Liability Coverage,caused by an"accident"and resulting from the owner- Any organization you newly acquire or form,other ship, maintenance or use of a covered"auto"; than a partnership,joint venture or limited liability 2. The written contract or agreement described company or any organization excluded either by above must have been executed prior to the this Coverage Part or by endorsement, and over "accident" that caused the "bodily injury" or which you maintain ownership or majority interest "property damage"and be in effect at the time of more than 50 percent will qualify as a Named of such"accident"; Insured. However: The insurance afforded to any such additional 1. This insurance does not apply to any newly ac- 3. "insured"does not apply to any"accident"be- yond or formed organization that is an in- yond the period of time required by the written sured" under any other automobile policy or would be an "insured" under such policy but contract or agreement described above; for its termination or the exhaustion of its Limit 4. The most we will pay on behalf of such addi- of Insurance. tional"insured's)" is the lesser of: 2. Coverage does not apply to "bodily injury" or a. The Limits of Insurance specified in the 'Property damage" that occurred before you written contract or agreement described acquired or formed the organization. above-,or 3. Coverage under this provision is afforded only b. The Limits of Insurance shown in the Dec- until the 180th day after you acquire or form larations. the organization or the end of the policy pe- This provision shall not increase the Limit of riod,whichever is earlier. Insurance shown in the Declarations in this B. ADDITIONAL INSURED BY CONTRACT OR policy or coverage part;and AGREEMENT 5. The following changes are made to Paragraph The following is added to Paragraph A.1.,Who Is 5. Other Insurance of B. General Conditions An Insured of Section II - Covered Autos Liability under Section IV- Business Auto Conditions: Coverage: a. The following is added to Paragraph 5.a.: When you have agreed in a written contract or If required by the written contract or agreement to include a person or organization as an additional "insured", such person or organiza- agreement described above, the insur- tion is included as an "insured"subject to the fol- ance afforded to the additional insured un- lowing: der this provision will be primary to, and will not seek contribution from, the addi- 1. Such person or organization is an additional tional insured's own insurance. "insured"only to the extent such person or or- b. Paragraph S.c. is deleted in its entirety. CL CA 0149 0215 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc.,with its permission 6. Paragraph A.i.c. under Section II - Covered 2. We will also pay reasonable and necessary Autos Liability Coverage is deleted in its en- expenses to facilitate the return of the stolen tirety. "auto"to you. 7. The definition of"insured contract"under Sec- 3. It is agreed and understood and it is our stated tion V- Definitions is amended to add the fol- intent that expenses incurred by you under the lowing: Transportation Expenses Coverage Exten- An "insured contract" does not include that sion will not also be covered or paid under the part of any contract or agreement: Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement That pertains to the ownership, maintenance coverage added by separate endorsement to or use of an "auto" and which indemnifies a this policy. person or organization for other than the vicar- H. EXTENDED COVERAGE-AIRBAGS ious liability of such person or organization for "bodily injury"or"property damage"caused by The following is added to Exclusion B.3.a.of Sec- your operation or use of a covered"auto". tion III- Physical Damage Coverage: However, a person or organization is an addi- However,this exclusion does not apply to the un- tional"insured"under this provision only to the intended discharge of an airbag. extent such person or organization is not This coverage is excess over any other collectible named as an "insured" by separate endorse- insurance or warranty providing such airbag cov- ment to this policy. erage. C. EMPLOYEES AS INSUREDS I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Paragraph A.I. Who Is The following is added to Section III - Physical An Insured Section 11 - Covered Autos Liability Damage Coverage, Paragraph C. Limits of Insur- Coverage: ance. Any"employee"of yours is an "insured"while us- 4. In the event of a total "loss" to a covered ing a covered"auto"you don't own, hire or borrow "auto",we will pay any unpaid amount due on in your business or your personal affairs. the lease or loan for a covered"auto", less: D. INCREASED COVERAGE- BAIL BONDS a. The amount under the Physical Damage The Supplementary Payments Coverage Exten- Coverage section of the policy;and sion of Section II - Covered Autos Liability Cover- b. Any: age is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is (1) Overdue lease/loan payments at the increased to$5,000. time of the"loss"; E. INCREASED COVERAGE - LOSS OF EARN- (2) Financial penalties imposed under a INGS lease for excessive use, abnormal wear and tear or high mileage; The Supplementary Payments Coverage Exten- (3) Security deposits not returned by the sion of Section II -Covered Autos Liability Cover- lessor; age is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is (4) Costs for extended warranties, Credit increased to$1,000. Life Insurance, Health, Accident or Disability Insurance purchased with F. FELLOW EMPLOYEE COVERAGE the loan or lease;and The Fellow Employee Exclusion contained in Sec- (5) Carry-over balances from previous tion II-Covered Autos Liability Coverage does not loans or leases. apply. This coverage is excess over any other col- J. GLASS REPAIR-NO DEDUCTIBLE lectable insurance. G. COVERAGE EXTENSION-TRANSPORTATION The following is added to Paragraph D.Deductible EXPENSES of Section III - Physical Damage Coverage: Paragraph A.4.a. Transportation Expenses of Any Comprehensive Coverage deductible shown Section III-Physical Damage Coverage is in the Declarations does not apply to "loss" to amended as follows: glass when you elect to patch or repair rather than replace the glass. 1. The Limits of Insurance are increased to $75 K. INCREASED COVERAGE - ELECTRONIC per day to a maximum of$2,500. EQUIPMENT Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 0149 0215 Office, Inc., with its permission The$1,000 limit indicated in Paragraph C.1.b.un- The following is added to Paragraph A.4. Cover- der Section III - Physical Damage Coverage is in- age Extensions of Section III - Physical Damage creased to$2,500. Coverage: L. EXTENDED COVERAGE - PERSONAL PROP- If hired "autos" are covered "autos" for Covered ERTY Autos Liability Coverage and if Physical Damage The following is added to Paragraph A.4. Cover- Coverage is provided for any"auto"you own,then age Extensions of Section III - Physical Damage the Physical Damage coverages provided are ex- tended to "autos" you lease, rent, hire or borrow Coverage: from someone other than your"employees", part- Physical Damage Coverage on a covered "auto" ners or members of their households subject to the may be extended to "loss" to your personal prop- following: erty or,if you are an individual,the personal prop- 1. The most we will pay in any one "loss" is the erty of a family member, that is in the covered lesser of: "auto"at the time of"loss"and caused by an "ac- cident"and resulting from the ownership, mainte- a. The actual cash value of the"auto"; nance or use of a covered"auto". b. The cost to repair or replace the"auto";or The insurance provided by this coverage exten- c. $100,000. sion is excess over any other collectible insur- ance. The most we will pay for any one"loss"un- 2. Paragraph 1.above is subject to a deductible. der this coverage extension is$500. However,our The deductible shall be equal to the amount of payment for"loss"to personal property will only be the highest deductible shown for any owned for the account of the owner of the property. "auto" of the same classification for that cov- Under this provision, personal property does not erage. In the event there is no owned "auto" include and we will not pay for"loss"of currency, of the same classification,the highest deduct- coins,securities or contraband. ible for any owned "auto will apply for that coverage. No deductible applies to this coverage extension. No deductible will apply to "loss" caused by M. TOWING fire or lightning. Paragraph A.2. Towing of Section III - Physical 3. Hired Auto Physical Damage Coverage is Damage Coverage, is replaced by the following: subject to the following: If a private passenger type "auto" or light truck a. If symbol 8 is shown in the Covered Auto "auto"(0-10,000 Lbs.GVW)is provided both Com- section of the Declarations page for any of prehensive and Collision Coverage,we will pay up the Physical Damage coverages,then the to $150 for towing and labor costs incurred each Hired Auto Physical Damage coverage time such "auto" is disabled. If a medium, heavy described in this endorsement does not or extra-heavy truck or extra-heavy Truck-tractor apply. "auto"(greater than 10,000 Lbs.GVW)is provided b. Other than indicated in Paragraphs a. di- both Comprehensive and Collision Coverage, we rectly above, coverage provided under will pay up to $250 for towing and labor costs in- curred each time such "auto" is disabled. How- this provision will be excess over any ever, the labor must be performed at the place of other collectible insurance or coverage. disablement. 4. In addition to the limit set forth in Paragraph 1. N. FIRE EXTINGUISHER RECHARGE above we will pay up to $500 per day, to a maximum of$3,500 per"loss"for: The following is added to Paragraph A.4. Cover- age Extensions of Section IV - Physical Damage a. Any costs or fees associated with the "loss"to a hired"auto";and Coverage: When fire extinguishers are kept in your covered b. Loss of use of the hired"auto", provided it "auto"and any are discharged in an attempt to ex- is the consequence of an "accident" for tinguish a fire, we will pay the lesser of the actual which you are legally liable, and as a re- cost of recharging or replacing such fire extin- sult of which a monetary loss is sustained guisher(s). by the leasing or rental concern. No deductible applies to this coverage However, Paragraph A.4.b. Loss of Use Ex- penses under Section III - Physical Damage Cov- O. HIRED AUTO PHYSICAL DAMAGE COVER- erage of the Business Auto Coverage Form does AGE not apply. P. RENTAL REIMBURSEMENT COVERAGE CL CA 0149 0215 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission We will pay for rental reimbursement expenses in- (3) Your members or managers, if you curred by you for the rental of an "auto" because are designated in the Declarations as of"loss"to a covered"auto". a limited liability company; 1. Payment applies in addition to the otherwise (4) Your executive officers if you are des- applicable amount of each coverage you have ignated in the Declarations as an or- on the covered"auto". ganization other than an individual, 2. No deductible applies to this coverage. partnership,joint venture or limited li- ability company;and 3. We will pay only for those expenses incurred during the policy period beginning 24 hours af- (5) The spouse of any person named in ter the"loss"and ending, regardless of the ex- Paragraphs i.a.{1). through 1.a piration date of the policy, with the lesser of while a resident of the same housse- e- the following number of days: hold; a. The number of days when the covered Except: "auto" has been repaired or replaced, or (a) Any"auto" owned by that individ- b. 45 days. ual or by any member of his or her household. 4. Our payment is limited to the lesser of the fol- (b) Any"auto" used by that individual lowing amounts: or his or her spouse while working a. Necessary and actual expenses incurred; in a business of selling, servicing, or repairing or parking "autos". b. Not more than$75 for any one day; 2. Changes In Auto Medical Payments And 5. We will pay up to an additional $300 for the Uninsured And Underinsured Motorists reasonable and necessary expenses you in- Coverages cur to remove your materials and equipment The following is added to Who Is An Insured: from the covered"auto"and replace such ma- Any individual named in 1.a above and his or terials and equipment on the rental "auto". her"family members"are"insured"while"oc- 6. This coverage does not apply while there are cupying" or while a pedestrian when being spare or reserve "autos" available to you for struck by any "auto" you don't own except: your operations. Any"auto"owned by that individual or by any 7. If"loss"results from the total theft of a covered "family member". "auto" of the "private passenger type", we will 3. Changes In Physical Damage Coverage pay under this coverage only that amount of your rental reimbursement expenses which is Any private passenger type "auto" you don't not already provided for under the Physical own, hire or borrow is a covered "auto" while Damage Coverage Extension of the Business in the care,custody or control of any individual Auto Coverage Form or any endorsements named in Q.1.a. above or his or her spouse thereto while a resident of the same house-hold ex- However, this provision does not apply to the cept: extent that rental reimbursement is provided a. Any"auto" owned by that individual or by by separate endorsement to this policy. any member of his or her household; or Q. DRIVE OTHER CAR COVERAGE b. Any"auto"used by that individual or his or 1. The following is added to Section II-Covered her spouse while working in a business of Autos Liability Coverage: selling,servicing,repairing or parking"au- tos". a. Any "auto" you don't own, hire or borrow 4. The most we will pay for the total of all dam- is a covered "auto" for Liability Coverage ages under Covered Autos Liability Uninsured while being used by: Motorists Coverage and Underinsured Motor- (1) You, if you are designated in the Dec- ists Coverage is the Limit Of Insurance shown larations as an individual; in the Declarations as applicable to owned (2) Your partners or members, if you are "autos". designated in the Declarations as a 5. Our obligation to pay for, repair, return or re- partnership or joint venture; place damaged or stolen property under Phys- ical Damage Coverage, will be reduced by a deductible equal to the amount of the highest Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 02 15 Office, Inc., with its permission deductible shown for any owned private pas- prejudice the coverage provided to you. However, senger type "auto" applicable to that cover- this provision does not affect our right to collect age. If there are no owned private passenger additional premium or exercise our right of cancel- type "autos", the deductible shall be $250 for lation or nonrenewal. Comprehensive Coverage and $500 for Colli- U. LIBERALIZATION sion Coverage. No deductible will apply to "loss"caused by fire or lightning. If we revise this endorsement to provide greater 6. Additional Definition coverage without additional premium charge, we will automatically provide the additional coverage As used in this DRIVE OTHER CAR Provi- to all endorsement holders as of the day the revi- sion: sion is effective in your state. "Family member" means a person related to the individual named in 1.a. by blood, mar- riage or adoption who is a resident of the indi- vidual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Sec- tion IV- Business Auto Conditions: Your obligation to provide prompt notice of an"ac- cident", claim, "suit" or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim,"suit"or"loss" and provides us such notice as soon as practica- ble S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Sec- tion IV- Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of pay- ments we make for "bodily injury" or "property damage" when you and such person or organiza- tion have agreed in writing in a contract or agree- ment to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered"bodily in- jury"or"property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2. of Section IV- Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY CL IL 9918 0712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANK ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART BUSINESSOWNERS INLAND MARINE CRIME COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL EXCESS POLICY WORKERS'COMPENSATION POLICY The following endorsement is added to the policy: Al #1.OA General Liability Platinum Amendment-Additional Insured -Provision N. (Revised) CLIL99180712 This,page has been Ieft'bIarikintentionally. 4 � s POLICY NO: CPA 2880043-27 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Al #1 .0A GENERAL LIABILITY PLATINUM AMENDMENT - ADDITIONAL INSURED - Provision N. (Revised) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY PLATINUM ENDORSEMENT A. Provision N.ADDITIONAL INSURED-OWNERS, b. If the written contract specifically requires LESSEES OR CONTRACTORS - AUTOMATIC you to provide additional insured INCLUDING PRIMARY NON-CONTRIBUTORY coverage via the 10101 edition of CO2010 is deleted in its entirety and replaced with the (aka CG 20 10 10 01) or via the 11/85 following: edition of CG2010(aka CG 20 10 11 85), N. ADDITIONAL INSURED - OWNERS, then in paragraph 2.a. above, the words LESSEES OR CONTRACTORS - caused in whole or in part by are replaced AUTOMATIC INCLUDING PRIMARY by the words arising out of. NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section 11 -Who is An Insured is amended insured only applies to the extent to include as an additional insured any permitted by law. person(s)or organizations)for whom you are d. If coverage provided to the additional required by virtue of a written contract or insured is required by a contract or agreement that such person(s) or agreement, the insurance afforded to organization(s) be added as an additional such additional insured will not be broader insured on your policy. than that which you are required by the 2. The insurance provided to the additional contract or agreement to provide for such insured is limited as follows: additional insured. a. Such person or organization is an e. This insurance ends at the earliest of the additional insured only with respect to following times: liability for "bodily injury", "property (1) When any Named Insured(s) work damage" or "personal and advertising called for in the written contract has injury"caused in whole or in part by: been completed (1) Acts or omissions of the Named (2) When all of any Named Insured(s) Insured; or work done at a job site has been (2) The acts or omissions of those acting completed if the written contract calls on behalf of the Named Insured; for work at more than one job site in the performance of the Named (3) When that part of any Named Insured's ongoing work for the additional Insured(s)work done at a job site has insured(s) specified in the written contract been put to its intended use by any provided the contract or agreement person(s) or organization(s) other requires you to provide the additional than the Named Insured or those insured such coverage and is: acting on the Named Insured(s) behalf. L Currently in effect or becomes Work that may need service, maintenance, effective during the term of this correction, repair or replacement, but is policy; and otherwise complete, will be treated as III. Was executed prior to the"bodily completed. injury", "property damage" or f. This insurance does not apply to any "personal and advertising injury". additional insured scheduled on your policy by separate endorsement. Includes copyrighted material of Insurance Services Page 1 of 3 Office, Inc.,with its permission g. For purposes of paragraph A. of this 4. Limits of Insurance endorsement, the terms "you" and "your" With respect to the insurance afforded to refer to the Named Insured shown in the Declarations, these additional insureds, the following is added to Section III -Limits Of Insurance: 3. Exclusions If coverage provided to the additional insured With respect to the insurance afforded to is required by a contract or agreement, the these additional insureds, the following most we will pay on behalf of the additional additional exclusions apply to "bodily injury", insured is the amount of insurance: "property damage" or "personal and a. Required by the contract or agreement;or advertising injury arising out of: a. The rendering of or failure to render any b. Available under the applicable Limits of professional services by you or on your Insurance shown in the Declarations; behalf, but only with respect to either or whichever is less. both of the following operations: This endorsement shall not increase the (1) Providing engineering, architectural applicable Limits of Insurance shown in the or surveying services to others in your Declarations. capacity as an engineer, architect or 5. Other Insurance surveyor; and (2) Providing, or hiring independent For purposes of this endorsement, the professionals to provide,engineering, following is added to the Section IV - architectural or surveying services in Commercial General Liability Conditions, connection with construction work 4.Other Insurance condition and supersedes you perform. any provision to the contrary: b. Subject to Paragraph c. below, This insurance is excess of all other insurance professional services include: available to an additional insured whether on a primary, excess, contingent or any other (1) Preparing, approving, or failing to basis. But, if required by a written contract or prepare or approve, maps, shop written agreement to be primary and drawings, opinions, reports, surveys, noncontributory, this insurance will be primary field orders, change orders, or to and will not seek contribution from any drawings and specifications; and insurance on which the additional insured is a (2) Supervisory or inspection activities Named Insured. performed as part of any related No other coverage or limit in the policy applies architectural or engineering activities. to loss or damage insured by this coverage. c. Professional services do not include B. The following coverage is added: services within construction means, CONTRACTUAL LIABILITY RAILROADS methods, techniques, sequences and procedures employed by you or 1. With respect to operations performed for a performed by or for the construction Railroad within 50 feet of railroad property,the manager, its employees or its definition of"insured contract" in Section V- subcontractors in connection with your Definitions is replaced by the following: ongoing operations. 9. "Insured Contract" means: This exclusion applies even if the claims a. A contract for a lease of premises. against any insured(s) alleged negligence or However, that portion of the contract other wrongdoing in the supervision, hiring, for a lease of premises that employment, training or monitoring of others by that insured, if the "occurrence" which indemnifies any person or caused the "bodily injury" or "property organization for damage by fire to damage", or the offense which caused the premises while rented to you or "personal and advertising injury", involved the temporarily occupied by you with rendering of, or the failure to render, any permission of the owner is not an professional architectural, engineering or "insured contract"; surveying services. b. A sidetrack agreement; c. Any easement or license agreement; Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission d. An obligation,as required by ordinance,to No other coverage or limit in the policy applies indemnify a municipality, except in to loss or damage insured by this coverage. connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4.Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory,this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY CL CG 00 13 0813 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I -COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000;or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I-COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5.above,the greater of: a. $300,000;or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of"property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V- DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 1 of 6 Office,Inc.with its permission C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION 1 - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I-SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from$250 to$2,500;and 2. The limit of insurance in paragraph 1.d. is increased from$250 to$500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2.of SECTION II-WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor; CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 2 of 6 Office,Inc.with its permission 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures;or (b) The construction, erection, or removal of elevators;or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement,whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED-NEWLY ACQUIRED 180 DAYS Paragraph 3.of SECTION II-WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 3 Of 6 Office,Inc.with its permission 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then paragraph G. Aggregate Limits of Insurance of this endorsement does not apply. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an"occurrence", offense, claim or"suit"to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation,or (4) A manager,if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim,or"suit"as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers'Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3.of SECTION V-DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. CL CG 00 13 0813 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc.with its permission Paragraph K.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to this policy. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY(DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of$5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and 6 do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS OR OTHERS- AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II-WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" included within the"products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 5 of 6 Office,Inc.with its permission a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications;and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B."Bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 6 of 6 Office,Inc.with its permission COMMERCIAL LIABILITY UMBRELLA CL CU 24 74 09 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modes insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for"bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract requiring such waiver with that person or organization and included in the"products-completed operations hazard". However, our rights may only be waived prior to the"occurrence"giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request,the insured will bring"suit"or transfer those rights to us and help us enforce those rights. CL CU 24 74 0913 Includes copyrighted material of Insurance Services Page 1 of 1 Offices, Inc.with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following.- The most we will pay in any one "occurrence" for "property damage" to borrowed equipment is $15,000_ This limit of insurance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicable to "property damage" as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or"suit"apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C(SECTION 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A,except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 1 of 4 Office, Inc with its permission This page has,been lefft blankintbntionally. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project away from premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and b. Such payments shall not reduce any Single Construction Project General Aggregate Limit. 3. When coverage for liability arising out of the"products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. 4. If the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. C. LIMITED JOB SITE POLLUTION 1. Exclusion C under Section I—Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) 'Bodily injury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (b) At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants"arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the"pollutants"are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a"hostile fire". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 2 of 4 Office,Inc with its permission (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of"property damage"that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": a. The"Each Occurrence Limit"shown in the Declarations does not apply. b. Paragraph 7.of Limits Of Insurance (Section III) does not apply. c. Paragraph 1.of Section III—Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or"suits"brought; or (3) Persons or organizations making claims or bringing"suits". d. The following are added to Section III—Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies,the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of 'bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" is $100,000 aggregate. 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section 1 —COVERAGES: We will pay, at your request for"property damage"to that part of any property: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because "your work" was incorrectly performed on it. This insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your insured premises and incidental to your business. Exclusions j.(3),(4),(5)and (6) do not apply to this coverage. This insurance does not apply to "property damage" included within the "explosion hazard", the"collapse hazard" or the"underground property damage hazard". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III—LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 1. Unless a higher limit is shown in the Declarations, the most we will pay in any one "occurrence"for"property damage" under this endorsement is$15,000. 2. Unless a higher limit is shown in the Declarations, the most we will pay for all covered "occurrences"during any one policy period is$15,000 Aggregate Limit of Insurance. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 3 of 4 Office, Inc with its permission The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any"suits" seeking those damages; and your duties in the event of an "occurrence', claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our property. Any payment made by us shall not constitute an admission of liability by an insured, or by us_ b. Paragraph 4.Other Insurance is amended as follows: (1) Paragraph 4.a. Primary Insurance is deleted. (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis_ All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V—DEFINITIONS: a. "Collapse hazard" includes "structural property damage" and any resulting "property damage"to any other property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage' arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage' means the collapse of or structural injury to any building or structure due to: (1) Grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property damage hazard" includes "underground property damage" and any resulting"property damage"to any other property at any time. e. "Underground property damage' means "property damage' to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing,filling, back-filling or pile driving. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 4 of 4 Office, Inc with its permission Page 1 of 4 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Project Project Detail - Dashboard Document Intent Affidavit ID: Status: Approved Received Date: ID: On 2/11 /2017 2/2/2017 814151 Company Details Company Name: SEA-TAC SWEEPING SERVICE Address: 26305 79TH AVE S KENT, WA, 98032 Contractor Registration No. SEATASS919KN WA UBI Number 601735583 Phone Number 253-854-9717 Industrial Insurance Account 91933600 ID Email Address seatacsweepingCseatacsweeping.com Filed By Vinson, Alfred Prime Contractor Company Name SEA-TAC SWEEPING SERVICE Contractor Registration No. SEATASS919KN https:Hfortress.wa.gov/lni/wagelookup/IntentDetails.aspx 2/13/2017 Page 2 of 4 WA UBI Number 601735583 Phone Number 253-854-9717 Project Information Awarding Agency KENT, CITY OF 220 - 4TH AVE S KENT, WA - 98032-5895 Awarding Agency Contact Nancy Clary Awarding Agency Contact Phone 253-586-5080 Number Contract Number Project Name Parking Lot Sweeping Various City Facilities Contract Amount $15579.62 Bid due date 2/1 /2017 Award Date 2/1 /2017 Project Site Address or Directions Various City Facilities Payment Details Check Number: Transaction Id: 105600737 Intent Details Expected project start date: 2/1 /2017 (MM-DD-YYYY) In what county (or counties) King will the work be performed? In what city (or nearest city) Kent will the work be performed? What is the estimated $151579.62 contract amount? OR is this https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 2/13/2017 Page 3 of 4 a time and materials estimate? Will this project utilize No American Recovery and Reinvestment Act (ARRA) funds? Specifically, will this project No utilize any weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Does your company intend No to hire ANY subcontractors? Does your company intend No to hire subcontractors to perform ALL work? Will your company have Yes employees perform work on this project? Do you intend to use any No apprentices? (Apprentices are considered employees. ) How many owner/operators 0 performing work on the project own 30% or more of the company? ,Journey Level Wages County Trade Occupation Wage Fringe # Workers King Street And Parking Lot Journey Level $19.09 2 Sweeper Workers https:Hfortress.wa.gov/lni/wagelookup/IntentDetails.aspx 2/13/2017 Page 4 of 4 Public Notes o Show/Hide Existing Notes No note exists https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 2/13/2017 City of Kent 40 Business License KENT WABNINGTON SEA-TAC SWEEPING SERVICE AL VINSON 26305 79TH AVE S KENT,WA 98032 _--------------------------------------------------- BUSINESS LICENSE an RCW 82.14 al sales and use tag must t b b e coded LICENSE MUST BE PAID ANNUALLY BY No.1715 for all qualified JANUARY 1sl TO AVOID PENALTY sales within the city of KENTIssuance of Liccosc Does Not Imply Licensee's Kent. W A S R I N G T O N Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2017 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLC-9613751 SEA-TAC SWEEPING SERVICE MAYOR 26305 79 AVE S The City of Kent KENT,WA.98032 Al 230 AT11 AVE:SO KENT,WASHINGTON 93032