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PW17-120 - Original - Robinson Noble, Inc. - East Hill Well #1 - 03/02/2017
Aft ii„ 2f'101,11 1% 1li�j�xii Records , ' eme, WASHINGTON �0 KENT QE�CI.I��� 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: Robinson Noble, Inc, Vendor Number: JD Edwards Number Contract Number: I zo This is assigned by City Clerk's Office Project Name: East Hill Well #1 Description: ❑ Znterlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective gate: 3/2/17 Termination Date: 7/31/1 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Bryan Bond Department: PW Operations Contract Amount: $11,600.00 Approval Authority: (CIRCLE ONE) Epartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Assist in preparing bid documents for the cleanout and redevelopment of the well. As of 08/27/14 KENT WN6MINOT Ow CONSULTANT SERVICES AGREEMENT between the City of Kent and Robinson Noble, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Robinson Noble, Inc. organized under the laws of the State of Washington, located and doing business at 2105 South C Street, Tacoma, WA 98402, Phone: (253) 475-7711, Contact: Michael Piechowski (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist in preparing bid documents for the cleanout and redevelopment of East Hill Well #1. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by July 31, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eleven Thousand, Six Hundred Dollars ($11,600.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant 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. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant 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 Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor 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. Consultant 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. VII. INDEMNIFICATION. Consultant 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 Consultant's negligent 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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City upon payment to Consultant. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 VII 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 Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant 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 Consultant 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 Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by 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 November 3, 2016. 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. CONSULTANT: CITY OF KENT: By:— By: ml (,.signature) vsignarure) Print Na jo�,�/,i C 3ecke, Print Name: Timothy J. LaPorte, P.E. Its: + Its: Public Works Director �title) DATE: 7 `7 DATE: : IIXAPIZ NOTICES TO BE SENT TO; NOTICES TO BE SENT TO; CONSULTANT: CITY OF KENT: Michael Piechowski Timothy J. LaPorte, P.E. Robinson Noble, Inc. City of Kent 2105 South C Street 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 475-7711 (telephone) (253) 856-5500 (telephone) (253) 8,56-6500 (facsimile) Robinson Noble-East Hilt Well 3/bond CONSULTANT SERVICES AGREEMENT 5 ($20,000 or Less) 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. 1 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A §0 ROBINSON NOBLE February 8,2017 Bryan Bond, Engineering Project Coordinator Utilities Section,Public Works Operations 5821 South 240th Street Kent,WA 98032 Re: Professional services to assist with the cleanout and redevelopment of East Hill Well#1 Dear Mr, Bond, Robinson Noble is pleased to assist the City of Kent with the cleanout and redevelopment of East Hill Well#1.The recently completed video inspection of the interior of the casing and well screen indicated that the screen and well casing have significant encrustation,This encrustation may impair the ability of the well to efficiently produce the required amount of water and may procludo effective disinfection,so we recommended that the well casing and screen be brushed and bailed clean and the well redeveloped with surge-and-bail techniques. Scope of Services As we envision the scope of this project,we will work with the City to prepare a set of tech- nical specifications and a tabulated scope of work documentation based on our recently com- pleted video inspection and recommendations.This will be delivered in an electronic format so that the City can incorporate it directly into their bidding document and solicit proposals from qualified contractors.We will review bids, it needed,and make a recommendation of award based on the results. A qualified staff geologist will be on site during all contractor cleanout and redevelopment activ- ities to observe the response of the well to the redevelopment and cleanout efforts,observe any material brought into and removed from the well,and provide technical guidance to the City.We will track the progress of well redevelopment and determine when the process has been completed,For the preparation of this scope of work,we anticipate that the field cleanout and redevelopment activities will be completed within one week(which is generally realistic in our experiencel;any field efforts beyond this will require a change order. Following the completion of the well redevelopment(but before the drilling contractor leaves the site),we will complete a video inspection of the interior of the well casing and screen to en- sure that the cleanout was effective at removing encrustation and fine material.Finally,we will document the cleanout and redevelopment process and results in a brief letter report for your records. Service Proposal Based on our understanding of the project and the conditions outlined in this scope,we esti- mate the total cost of our services as described above,will not exceed$11,600.Robinson No- ble works on a not-to-exceed basis according to the attached General Fee Schedule.Through we do not plan to change our rates in 2017.we will honor the rates in this fee schedule for the duration of this project.This quote will remain valid for 90 days from the date of this scope. tt05 South C Sheet 17625 130"Avanuo NE,Su110 102 racuma,Wash.ingtoo SN . www,robin5on-nohle.com %Noodinvitle,Washington 98072 P:253 c 15.7?11 1 F:253472.5Ea6 P:425 46E 05991 F:425.4a6.2330 Bryan Bond, Engineering Project Coordinator February B,2017 Page 2 Rental costs for our standard field equipment and any specialized equipment as detailed in this scope are included in the above estimate.As a cost-savings measure for our clients,each Rob- inson Noble employee charges their time on a project according to the level of expertise re- quired for a given task(i.e., employees may have more than one billing rate).This allows us to make use of our more experienced staff without unduly impacting project costs,but also means that our clients only pay for the level of expertise applied. We hope this scope of work and cost estimate is adequate for your needs. Please contact us if wo can provide additional information or modify the scope of work to better assist the City of Kent.We would be happy to work under the City's Consultant Sarviees Agreement,as edited for our previous projects with the City. If at any time prior to or during this project the City identifies a concern or problem with our work or progress that cannot be resolved by the assigned Robinson Noble project manager, please contact Joseph Becker,our company President,and he will make every effort to resolve the issue to your satisfaction. If you have questions or need additional information, please contact us.Thank you for the op- portunity to be of service. Sincerely, Robinson Noble,Inc, Michael F.Piechowski, LHG Principal Hydrogeologist Attachment RO_SiNSON' NOBLE General Fee Schedule January 2017 Professional Positions Fee per Hour Principal Engineer,Hydrogeologist or Environmental Scientist $176 Associate Engineer,Hydrogeologist orEnvironmental Scientist $161 Senior Engineer,Hydrogeologist or Environmental Scientist $136 Senior Project Engineer,Hydrogeologist or Environmental Scientist $118 Project Engineer,Hydrogeologist or Environmental Scientist $106 Staff Engineer,Hydrogeologist or Environmental Scientist $96 Senior Field Staff $87 Field Staff $70 Legal Support/Expert Witness Services/Testimony 150%of above rates Support Positions Senior GIS/CAD Specialist $92 Senior Technician $92 Senior Administrator $81 GIS/CAD Specialist $81 Technician $81 Administrator $J0 Clerical Support $70 Other Fees and Costs Professional services 15% Subcontracts/ Outside laboratory services 15% Management Fee Construction subcontracts 15°!n Other Costs Travel(auto) $0.62/mile Travel(other) Cost+10% Per diem Pievailing State rate+10% Other direct expenses Cost+10% Field and laboratory testing/equipment rental See following pages This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble.lac. rates effective January 2017 Hydrogeologic Equipment Rental Schedule January 2017 Equipment UnA Rpte Water Level Transducer and Data Logger Per day $25 Field Laptop Computer Per day $40 Electric Water Level Sounder(s) 0 to 300 ft Flat fee per project $30 over 300 ft Flat fee per project $60 DC Submersible Purge Pump(Single Stage) Per pump List price+10% DC Submersible Purge Pump(Dual Stage) Per pump List price+10% Double-Ring Infiltrometer Perday $50 Schonstedt Gradient Magnetometer Per day $75 Geonics EM-61 Metal Detector Per day $500 Downhole Gamma/Resistivity/Tomperature Per day $500 Logging Equipment Downhole Caliper Logging Equipment Per day $350 Draw Works Per day $600 Mechanical Sieve Sample Equipment Flat fee per well $50 2-inch Gasoline-powered Centrifugal Pump Per day $55 (includes hoses) 2-inch Submersible Pump+Controller Per day $180 Generator Per day $70 Survey Gear(laser level&rod) Per day $85 FlowTracker Acoustic Doppler Velocimeter Per day $200 Stream Gaging Equipment GPS Per day $22,50 Other Equipment Negotiated Negotiated Digital Camera Per day $10 This tee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble,Inc, rates effective January 2017 Environmental Equipment Rental and Consumable Schedule January 2017 Equipment Unit Rag Water Level Transducer and Data Logger Per day $100 Field Laptop Computer Per day $50 Electronic Water Level Sounder Per day $30 Electronic Interface Probe Per day $75 DC Operated Peristaltic Pump Per day $45 2-inch Gasoline-powered Centrifugal Pump Per day $100 2-inch Submersible Pump+Controller Per day $350 Generator Per day $100 Low-Flow Bladder Pump Perday $175 Photoionization Detector Per day $75 Combustible Gas Indicator Per day $65 Water Quality Meter Per day $200 Teflon Water Bailer Per day $30 Soil Sampling Equipment(manual) Per day $25 Mechanical Sieve Sample Equipment flat fee per project $25 Survey Gear(laser level&rod) Per day $85 Soil Vapor Extraction System Per month $750 Digital Camera Per day $10 Other Equipment Negotiated Negotiated Consumable Items: Polyethylene Purge/Sampling Tubing Each 10 feet $2.50 DC Submersible Purge Pump(Single stage) Per pump List price+10% DC Submersible Purge Pump(Dual Stage) Per purnp List price+10% Silicone Peristaltic Pump Head Tubing Each foot $4.00 Bladders for Low-Flow Bladder Pump Each $5.00 Water Sample Bailer Each $10 Bailor Rope/String Each 10 feet $1.00 Personal Protection Equipment Per day per person $50 This fee schedule is subjort to change according to contract or Professional Services Agreement conditions. Robinson Noble,Inc. rates effective January 2017 Geotechnical Field and Laboratory Testing Schedule January 2017 It E-W Portable Nuclear Density Gauge Per Hour $5.00 Slope Inclinometer Per day $250 Direct Sheer Point $200 Moisture-Density Relationship Curves; Each 1 pt S120 Each Multiple pts$200 Sieve Analyses(Gradations-Wet Sieve) Each $150 Hydrometer Analysis Each $175 Falling Head Permeability Each $165 Atterberg Limits Each $100 (Liquid Limit or Plastic Limit) Moisture Content Each $10 Dynamic Cone Penetrometer Day $225 Points Each $20 Resistivity 4-point Gauge Day $30o Consolidation Test Incremental Loading $550 (9 loads,0.125 TSF to 32 TSF,4 unloads) $50/e8ch additional load Shelby Tube Extrusion/Sample Description $40 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. Robinson Noble,Inc. rates effective January2017 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant 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 Consultant'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 Consultant 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 Consultant 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 Consultant. A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) 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 Cathy Fleck Leavitt Group Northwest PHONE (253)565-3500 AIC No:(253)565-7209 2121 70th Ave West, #B ADDRESS:Cathy- fleck@leavitt.com ADDRESS: INSURER S AFFORDING COVERAGE NAIC p University Place WA 98466 INSURER A:IInderwriters at Lloyds of London 15792 INSURED INSURER B American Fire & Casualty Company 24066 Robinson Noble, Inc. INSURERC:Ohio Casualty Co. 24074 2105 South C St. INSURERD: INSURER E: Tacoma WA 98402 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1612111431 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE OOL SUER lmmffla POLICY NUMBER MMIDCY EF Y MMIDDIIYYYYLTR LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE ❑X OCCUR PREMI E Eacccurrenep $ 100,000 X Pollution X PGlARK05609-01 11/30/2016 11/30/203.7 MED EXP(Any one person) $ 10,000 X Professional PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY[KJECT LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: Each Claim-Cont Poll $ 2,000,000 AUTOMOBILE LIABILITY COMBINED a den SINGLE LIMIT $ Ea 1,000,000 cci B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BAA56823708 11/30/2016 11/30/2017 BODILY INJURY(Per accident) $ AUTOS NUTOS ON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS E AUTOS Per accident C X ExcessHNOA BS056823788 11/30/2016 11/30/2017 Limit $ 2,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOPJPARTNERIEXECUTIVE Y❑ NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICEA (Mandatory ER H)EXCLUOED7 PGlARK05609-01 11/30/2016 11/30/2017 E.L.DISEASE-EA EMPLOYE $ 1,000,000 (Mandatory In NH) If yes,describe under Wash Stop Gap E.L.DISEASE-POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: Business Operations of the Named Insured City of Kent is additional insured as required by written contract per attached endorsements CG20 10 07 04, PGI EL 018 0210, PGI EL 020 0210 and CA 0001 03 06 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Ave. S. ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE �,I� / ` 4aX Mark Hanks/CAFLEC ii" J> ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 oInarrn Forms List: Dcclaraliun Page PGI EL 001 0216 Schedule of Form% Kil El,041 021 D Schedule of Participating Underwrites Lloyd's L-W 015 Commercial General Liability Coverage Dorm CGO0011207 Deductible Liability Insuranco CG03000196 Additional Insured-Owmzs,Lessees or Conlractors - SchedulW Person or Organization CG20100704 Additional Insured-Owners, Lessees,or Contractors -Completed[)perations C'Ct2(}370704 Employment-Related Practices Exclusion CG21470798 Exclusion-Exterior Insulation and Finish Stistems CG21861204 %Vaivcr of Transfer of Rights of Rwovcry Against.Others To Us CG24041093 Exclusion - Testing or C'onsultillg ]-; (} CG22330798 Contractor's Pollution Liability Coverage form Occurrence PGI EL 004 0210 Professional Liability Coverage Form-Claims'-Made PGI EL 005 0210 Several Liability Notice LSW 1001 A Lloyd's Privacy Policy St.alcmtnl LSW1135b Cancellation Clause NMA1331 Service of Suit Clause(LTS.s) NNM 1998 War and Terrorism Exclusion NNLA.2918 War&.Civil War ExclusionClause N\IA464 Nuclear Incitlenl.Exclusion Clause N-1-LAL1256 U.S. Ten-misrn Risk Insurance Act of 2002 as amended-Net;&Renewal Husiness Endorsement I MA5091 U.S. Terrorism Risk Insurance Act of 2002 as amended-Not Purchased Clause LNU0092 Conunon Policy Conditions PGI EL 036 0210 Mold,Mildew and Fungus Deductible PGI EL 009 0210 Additional Insured Endorsement P(il EL 018 0210 Sanction Limitation and Exclusion Clause LNU0100 Primary and Non-Contributory Wording Endorsement PGI EL 020 0210 Policy Aggregate Endorsement PGI EL 002 0210 Waiver of Subroga.lion Endorsement. PGI EL 019 0210 Transportation Pollution Liability('.overage I-:ndnrsernent PUI EI:010 0210 Designation of Surplus Lines Ngent PGI PL 002 TCP A Exclusion PGI PL.074 1212 Non-Gwncd Disposal Situ Liability C_'.ovLragc Endorsement(Blankci.) PGI EL 055 0915 Fxclusimi -All Work PeTtonvie l in the State of New York PGI HI, 057 0915 Su b j ectivities: (Unless otherwise noted,these are due within 10 days of Binding) PRIOR TO BINDIN0,mbject to returri of signed terr'oli5rn £rm11s PRIOR TO BINDING,will require completed surplus lines form Note: Taxes;Fees and Filings (if applicable)are the responsibility of the broker. Issued liy: Ce-itain Underwriter"s at Lloyd's, London (ANI Best A Excellent)Non-Admitted Plcasu read all teams anti conditions shown above carefully as they may.y not conform to the specilieations shown 111 YOM'UIM119810TI. Coverage shall be subject to all terms and conditions of the policy to be isqued which shall when delivered,replace the binder. Policy Number: PGIARK05609-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O anization s : Location a Of Covered Operations Any person(s)or organizations)whom the Named Insured agrees,in a written contract,to name as an Additional insured. However,this status exists only for the project specified in that contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused,In whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"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. CG 20 10 07 04 Endorsement Number: ADDITIONAL INSURED ENDORSEMENT This endorsement,effective attaches to and forms a part of Policy Number. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract, to name as an additional insured. However,this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's liability arising out of COVERED OPERATIONS performed for that insured. PGI EL 018 0210 Page 1 of 1 CA 00 0103 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I - COVERED AUTOS Read the entire policy carefully to determine rights, duties and what is and is not covered. ITEM TWO of the Declarations shows the "autos" Throughout this policy the words "you" and that are covered "autos" for each of your cov- erages. The following numerical symbols de- "your" refer to the Named Insured shown in the scribe the "autos" that may be covered "autos". Declarations. The words "we", "us" and "our" The symbols entered next to a coverage on the refer to the Company providing this insurance. Declarations designate the only "autos" that are Other words and phrases that appear in quotation covered "autos". marks have special meaning. Refer to Section V - A. Description Of Covered Auto Designation Definitions. Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned Only those "autos" you own (and for Liability Coverage any "trailers" "Autos" you don't own while attached to power units you own.) This includes Only those "autos" you acquire ownership of after the policy begins. 3 Owned Only the private passenger "autos" you own. This includes those private Private passenger "autos" you acquire ownership of after the policy begins. Passenger "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned Only those "autos" you own that are required to have No-Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged.--- 6 Owned Only those "autos" you own that because of the law In the state where "Autos" they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This includes those To A "autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those "autos" described in Item Three of Declarations for which Described a premium charge is shown (and for Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 13 Symbol Description Of Covered Auto Designation Symbols 9 Non-Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only by your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy d. "Loss"; or Begins e. Destruction 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are SECTION II - LIABILITY COVERAGE entered next to a coverage in ITEM TWO A. Coverage of the Declarations, then you have cov- erage for "autos" that you acquire of the We will pay all sums an "insured" legally type described for the remainder of the must pay as damages because of "bodily policy period. injury" or "property damage" to which this 2. But, if symbol 7 is entered next to a insurance applies, caused by an "accident" coverage in ITEM TWO of the Declara- and resulting from the ownership, mainten- tions, an "auto" you acquire will be a ance or use of a covered auto. covered "auto" for that coverage only if: We will also pay all sums an "insured" le- a. We already cover all "autos" that Bally must pay as a "covered pollution cost you own for that coverage or it re- or expense" to which this insurance applies, places an "auto" you previously caused by an "accident" and resulting from owned that had that coverage; and the ownership, maintenance or use of cov- ered "autos." However, we will only pay for b. You tell us within 30 days after you the "covered pollution cost or expense" if acquire it that you want us to cover there is either "bodily injury" or "property it for that coverage. damage" to which this insurance applies that C. Certain Trailers, Mobile Equipment And Tem- is caused by the same "accident." porary Substitute Autos We have the right and duty to defend any If Liability Coverage is provided by this Cov- "insured" against a "suit" asking for such erage Form, the following types of vehicles damages or a "covered pollution cost or ex- are also covered "autos" for Liability Cov- pense". However, we have no duty to defend erage: any "insured" against a�"suit�" seeking dam- ages for bodily injury or property dam- 1. "Trailers" with a load capacity of 2,000 age" or a "covered pollution cost or pounds or less designed primarily for expense" to which this insurance does not travel on public roads. apply. We may investigate and settle any 2. "Mobile equipment" while being carried claim or "suit" as we consider appropriate. or towed by a covered "auto." Our duty to defend or settle ends when the 3. Any "auto" you do not own while used Liability Coverage Limit of Insurance has with the permission of its owner as a been exhausted by payment of judgments or temporary substitute for a covered settlements. "auto" you own that is out of service 1. Who Is An Insured because of its: The following are "insureds": a. Breakdown; a. You for any covered "auto." b. Repair; b. Anyone else while using with your c. Servicing; permission a covered "auto" you own, hire or borrow except: CA 00 0103 06 ©ISO Properties, Inc., 2005 Page 2 of 13 (1) The owner or anyone else from (6) All interest on the full amount of whom you hire or borrow a cov- any judgment that accrues after ered "auto". This exception does entry of the judgment in any not apply if the covered "auto" "suit" against the "insured" we is a "trailer" connected to a cov- defend, but our duty to pay in- ered "auto" you own. terest ends when we have paid, (2) Your "employee" if the covered offered to pay or deposited in "auto" is owned by that "em- court the part of the judgment ployee" or a member of his or that is within our Limit of Insur- her household. ante. (3) Someone using a covered These payments will not reduce the "auto" while he or she is work- Limit of Insurance. ing in a business of selling, ser- b. Out of State Coverage Extensions. vicing, repairing, parking or While a covered "auto" is away from storing "autos" unless that busi- the state where it is licensed we will: ness is yours. (4) Anyone other than your "em- (1) Increase the Limit of Insurance ployees", partners (if you are a for Liability Coverage to meet partnership), members (if you the limits specified by a compul- are a limited liability company), sory or financial responsibility or a lessee or borrower or any of law of the jurisdiction where the their "employees", while moving covered "auto" is being used. property to or from a covered This extension does not apply to "auto". the limit or limits specified by (5) A partner (if you are a partner- any law governing motor carriers ship), of passengers or property. or a member (if you are a limited liability company), for a (2) Provide the minimum amounts covered "auto" owned by him or and types of other coverages, her or a member of his or her such as no-fault, required of out- household. of-state vehicles by the jurisdic- c. Anyone liable for the conduct of an tion where the covered "auto" is "insured" described above but only being used. to the extent of that liability. We will not pay anyone more than 2. Coverage Extensions once for the same elements of loss because of these extensions. a. Supplementary Payments. B. Exclusions We will pay for the "insured": This insurance does not apply to any of the (1) All expenses we incur. following: (2) Up to $2,000 for cost of bail 1. Expected Or Intended Injury bonds (including bonds for re- lated traffic law violations) re- "Bodily injury" or "property damage" ex- petted or intended from the standpoint quired because of an "accident" we cover. We do not have to of the "insured". furnish these bonds. 2. Contractual (3) The cost of bonds to release at- Liability assumed under any contract or tachments in any "suit" against agreement. the "insured" we defend, but But this exclusion does not apply to li- only for bond amounts within ability for damages: our Limit of Insurance. (4) All reasonable expenses incurred a. Assumed in a contract or agreement that is an "insured contract" pro- by the "insured" at our request, vided the "bodily injury" or "prop- including actual loss of earnings erty damage" occurs subsequent to up to $250 a day because of the execution of the contract or time off from work. agreement; or (5) All costs taxed against the "in- sured" in any "suit" against the "insured" we defend. CA 00 01 03 06 ©ISO Properties, Inc.,2005 Page 3 of 13 b. That the "insured" would have in the 6. Care, Custody Or Control absence of the contract or agree- "Property damage" to or "covered ment. pollution cost or expense" involving 3. Workers' Compensation property owned or transported by the Any obligation for which the insured "insured" or in the "insured's" care, cus- or the "insured's" insurer may be held tody or control. But this exclusion does liable under any workers' compensation, not apply to liability assumed under a disability benefits or unemployment com- sidetrack agreement. pensation law or any similar law. 7. Handling Of Property 4. Employee Indemnification And Employ- "Bodily injury" or "property damage" re- er's Liability sulting from the handling of property: "Bodily injury" to: a. Before it is moved from the place a. An "employee" of the "insured" where it is accepted by the "Insured" arising out of and in the course of: for movement into or onto the cov- ered "auto"; or (1) Employement by the "insured"; b. After it is moved from the covered or "auto" to the place where it is finally (2) Performing the duties related to delivered by the "insured". the conduct of the "insured's" business; or 8. Movement Of Property By Mechanical Device b. The spouse, child, parent, brother or "Bodily injury" or "property damage" re- sister of that "employee" as a con- suiting from the movement of property sequence of Paragraph a. above. by a mechanical device (other than a This exclusion applies: hand truck) unless the device is attached (1) Whether the "insured" may be to the covered "auto". liable as an employer or in any 9. Operations other capacity; and "Bodily injury" or "property damage" (2) To any obligation to share dam- arising out of the operation of: ages with or repay someone else a. Any equipment listed in Paragraphs who must pay damages because 6.b. and 6.c. of the definition of "mo- of the injury, bile equipment"; or But this exclusion does not apply to b. Machinery or equipment that is on, "bodily injury" to domestic "employees" attached to, or part of, a land vehicle not entitled to workers' compensation that would qualify under the defini- benefits or to liability assumed by the tion of "mobile equipment" if it were "insured" under an "Insured contract". not subject to a compulsory or finan- For the purposes of the Coverage Form, cial responsibility law or other motor a domestic "employee" is a person en- vehicle insurance law where it is li- gaged in household or domestic work censed or principally garaged. performed principally in connection with 10. Completed Operations a residence premises. 5. Fellow Employee "Bodily injury" or "property damage" arising out of your work after that work "Bodily injury" to any fellow "employee" has been completed or abandoned. of the "insured" arising out of and in the In this exclusion, your work means: course of the fellow "employee's" em- ployment or while performing duties re- a. Work or operations performed by lated to the conduct of your business. you or on your behalf; and b. Materials, parts or equipment fur- nished in connection with such work or operations. CA 00 0103 06 ©ISO Properties, Inc., 2005 Page 4 of 13 Your work includes warranties or repre- Paragraph a. above does not apply to sentations made at any time with respect fuels, lubricants, fluids, exhaust gas- to the fitness, quality, durability or per- es or other similar "pollutants" that formance of any of the items included in are needed for or result from the Paragraphs a. or b. above. normal electrical, hydraulic or me- Yaur work will be deemed completed at chanical functioning of the covered the earliest of the following times: "auto" or its parts, if: (1) When all of the work called for in (1) The "pollutants" escape, seep, your contract has been completed. migrate, or are discharged, dis- persed2 When all of the work to be done at or released directly from ( ) an "auto" part designed by its the site has been completed if your manufacturer to hold, store, re- contract calls for work at more than ceive or dispose of such "pollu- one site. tants"; and (3) When that part of the work done at a (2) The "bodily injury", "property job site has been put to its intended damage" or "covered pollution use by any person or organization cost or expense" does not arise other than another contractor or sub- out of the operation of any contractor working on the same pro- equipment listed in Paragraphs ject. 6.b. and 6.c. of the definition of Work that may need service, main- "mobile equipment". tenance, correction, repair or Paragraphs b. and c. above of this exclu- replacement, but which is otherwise sion do not apply to "accidents" that complete, will be treated as complet- occur away from premises owned by or ed. rented to an "insured" with respect to 11. Pollution "pollutants" not in or upon a covered "Bodily injury" or "property damage" "auto" if: arising out of the actual, alleged or (1) The "pollutants" or any property threatened discharge, dispersal, seepage, in which the "pollutants" are migration, release or escape of "pollu- contained are upset, overturned tants": or damaged as a result of the a. That are, or that are contained in any maintenance or use of a covered ; and property that is: auto (1) Being transported or towed by, (2) The discharge, dispersal, seep- handled, or handled for move- age, migration, release or escape of the "pollutants" is caused di- ent into, onto or from, the cov- med "auto rectly by such upset, overturn or damage. (2) Otherwise in the course of transit by or on behalf of the 12. War "insured"; or "Bodily injury" or "property damage" (3) Being stored, disposed of, treat arising directly or indirectly out of: ed or processed in or upon the a. War, including undeclared or civil covered "auto"; war; b. Before the "pollutants" or any prop- b. Warlike action by a military force, erty in which the "pollutants" are including action in hindering or de- contained are moved from the place fending against an actual or expect- where they are accepted by the "in- ed attack, by any government, sured" for movement into or onto sovereign or other authority using the covered "auto"; or military personnel or other agents; or c. After the "pollutants" or any prop- c. Insurrection, rebellion, revolution, erty in which the "pollutants" are • usurped power, or action taken by contained are moved from the cov- governmental authority in hindering ered "auto" to the place where they are finally delivered, disposed of or or defending against any of these. abandoned by the "insured" CA 00 0103 06 ®ISO Properties, Inc., 2005 Page 5 of 13 13. Racing 2. Towing. Covered "autos" while used in any pro- We will pay up to the limit shown in the fessional or organized racing or demoli- Declarations for towing and labor costs tion contest or stunting activity, or while incurred each time a covered "auto" of practicing for such contest or activity. the private passenger type is disabled. This insurance also does not apply while However, the labor must be performed at that covered "auto" is being prepared for the place of disablement. such a contest or activity. 3. Glass Breakage - Hitting a Bird or Ani- C. Limit Of Insurance mal - Falling Objects or Missiles. Regardless of the number of covered If you carry Comprehensive Coverage for "autos", "insureds", premiums paid, claims the damaged covered "auto", we will made or vehicles involved in the "accident", pay for the following under Comprehen- the most we will pay for the total of all sive Coverage: damages and "covered pollution cost or ex- a. Glass breakage; pense combined, resulting from any one "accident" is the Limit of Insurance for Liabil- b. "Loss" caused by hitting a bird or ity Coverage shown in the Declarations. animal; and All "bodily injury," "property damage" and c. "Loss" caused by falling objects or "covered pollution cost or expense" resulting missiles. from continuous or repeated exposure to However, you have the option of having substantially the same conditions will be con- glass breakage caused by a covered sidered as resulting from one "accident". "auto's" collision or overturn considered No one will be entitled to receive duplicate a "loss" under Collision Coverage. payments for the same elements of "loss" 4. Coverage Extensions under this Coverage Form and any Medical a. Transporation Expenses Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underin- We will pay up to $20 per day to a sured Motorists Coverage Endorsement at- maximum of $600 for temporary tached to this Coverage Part. transportation expense incurred by you because of the total theft of a SECTION III - PHYSICAL DAMAGE COVERAGE p covered "auto" of the private pas- A. Coverage senger type. We will pay only for 1. We will pay for "loss" to a covered those covered "autos" for which you "auto" or its equipment under: carry either Comprehensive or Speci- fied Causes of Loss Coverage. We a. Comprehensive Coverage. From any will pay for temporary transportation cause except: expenses incurred during the period (1) The covered "auto's" collision beginning 48 hours after the theft with another object; or and ending, regardless of the poli- cy's expiration, when the covered (2) The covered "auto's" overturn. "auto" is returned to use or we pay b. Specified Causes of Loss Coverage. for its "loss". Caused by: b. Loss Of Use Expenses (1) Fire, lightning or explosion; For Hired Auto Physical Damage, we will pay expenses for which an "in- sured" becomes legally responsible (3) Windstorm, hail or earthquake; to pay for loss of use of a vehicle (4) Flood; rented or hired without a driver, un- der a written rental contract or (5) Mischief or vandalism; or agreement. We will pay for loss of (6) The sinking, burning, collision or use expenses if caused by: derailment of any conveyance (1) Other than collision only if the transporting the covered "auto". Declarations indicate that Com- c. Collision Coverage. Caused by: prehensive Coverage is provided for any covered "auto"; (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. CA 00 0103 06 ©ISO Properties, Inc., 2005 Page 6 of 13 (2) Specified Causes Of Loss only if 3. We will not pay for "loss" caused by or the Declarations indicate that resulting from any of the following un- Specified Causes Of Loss Cov- less caused by other "loss" that is cov- erage is provided for any cov- ered by this insurance: ered "auto; or a. Wear and tear, freezing, (3) Collision only if the Declarations mechanical or electrical break- indicate that Collision Coverage down. is provided for any covered "auto". b. Blowouts, punctures or other However, the most we will pay for road damage to tires. any expenses for loss of use is $20 4. We will not pay for "loss" to any of the per day, to a maximum of $600. following: B. Exclusions a. Tapes, records, discs or other similar 1. We will not pay for "loss" caused by or audio, visual or data electronic de- resulting from any of the following. Such vices designed for use with audio, "loss" is excluded regardless of any oth- visual or data electronic equipment. er cause or event that contributes con- b. Any device designed or used to de- currently or in any sequence to the tect speed measuring equipment "loss". such as radar or laser detectors and a. Nuclear Hazard. any jamming apparatus intended to elude or disrupt speed measurement (1) The explosion of any weapon equipment. employing atomic fission or fu- c. Any electronic equipment, without sion; or regard to whether this equipment is (2) Nuclear reaction or radiation, or permanently installed, that receives radioactive contamination, how- or transmits audio, visual or data ever caused. signals and that is not designed sole- b. War or Military Action. ly for the reproduction of sound. (1) War, including undeclared or civ- d. Any accessories used with the elec- il war; tronic equipment described in (2) Warlike action by a military Paragraph c. above. force, including action in hinder- Exclusions 4.c. and 4.d. do not apply to: ing or defending against an ac- a. Equipment designed solely for the tual or expected attack, by any reproduction of sound and accesso- government, sovereign or other ries used with such equipment, pro- authority using military person- vided such equipment is nel or other agents; or permanently installed in the covered (3) Insurrection, rebellion, revolu- "auto" at the time of the "loss" or tion, usurped power or action such equipment is removable from a taken by governmental authority housing unit which is permanently in hindering or defending against installed in the covered "auto" at the any of these. time of the "loss", and such equip- 2. We will not pay for "loss" to any cov- ment is designed to be solely op- erated by use of the power from the ered "auto" while used in any profes- "auto's" electrical system, in or upon sional or organized racing or demolition the covered "auto"; or contest or stunting activity, or while practicing for such contest or activity. We b. Any other electronic equipment that will also not pay for "loss" to any cov- is: ered "auto" while that covered "auto" is (1) Necessary for the normal opera- being prepared for such a contest or ac- tion of the covered "auto" or the tivity. monitoring of the covered "auto's" operating system; or CA 00 01 03 06 @ISO Properties, Inc., 2005 Page 7 of 13 (2) An integral part of the same unit a. Pay its chosen appraiser; and housing any sound reproducing b. Bear the other expenses of the ap- equipment described in a. above praisal and umpire equally. and permanently installed In the opening of the dash or console If we submit to an appraisal, we will still of the covered "auto" normally retain our right to deny the claim. used by the manufacturer for in- 2, Duties In The Event Of Accident, Claim, stallation of a radio. Suit Or Loss 5. We will not pay for "loss" to a covered We have no duty to provide coverage "auto" due to "diminution in value". under this policy unless there has been C. Limit Of insurance full compliance with the following duties: 1. The most we will pay for "loss" in any a. In the event of "accident", claim, one "accident" is the lesser of: "suit" or "loss", you must give us or our authorized representative prompt a. The actual cash value of the damag- notice of the "accident" or "loss". ed or stolen property as of the time Include: of the "loss"; or (1) How, when and where the "ac- b. The cost of repairing or replacing the cident" or "loss" occurred; damaged or stolen property with oth- er property of like kind and quality. {2) The "insured's" name and ad- dress; and 2. An adjustment for depreciation and phys- i (3) To the extent possible, the cal condition will be made in determining actual cash value in the names and addresses of any in- event of a total "loss". jured persons and witnesses. 3. If a repair or replacement results in bet- b. Additionally, you and any other in- ter than like kind or quality, we will not volved "insured" must: pay for the amount of the betterment. (1) Assume no obligation, make no D. Deductible payment or incur no expense without our consent, except at For each covered "auto", our obligation to the "insured's" own cost. pay for, repair, return or replace damaged or stolen property will be reduced by the ap- {2} Immediately send us copies of plicable deductible shown in the Declara- any request, demand, order, no- tions. Any Comprehensive Coverage tice, summons or legal paper re- deductible shown in the Declarations does 01 ceived concerning the claim or not apply to "loss" caused by fire or light- suit". ning. (3) Cooperate with us in the inves- SECTION IV - BUSINESS AUTO CONDITIONS tigation or settlement of the claim or defense against the The following conditions apply in addition to the "suit". Common Policy Conditions: (4) Authorize us to obtain medical A. Loss Conditions records or other pertinent infor- 1. Appraisal For Physical Damage Loss mation. If you and we disagree on the amount of (5) Submit to examination, at our "loss", either may demand an appraisal expense, by physicians of our of the "loss". In this event, each party choice, as often as we reason- will select a competent appraiser. The ably require. two appraisers will select a competent c. If there is "loss" to a covered "auto" and impartial umpire. The appraisers will or its equipment you must also do state separately the actual cash value the following: and amount of "loss". If they fail to agree, they will submit their differences {1} Promptly notify the police if the to the umpire. A decision agreed to by covered "auto" or any of its any two will be binding. Each party will: equipment is stolen. CA 00 0103 06 ®ISO Properties, Inc., 2005 Page 8 of 13 (2) Take all reasonable steps to pro- 5. Transfer Of Rights Of Recovery Against tect the covered "auto" from fur- Others To Us ther damage. Also keep a record If any person or organization to or for of your expenses for consider- whom we make payment under this Cov- ation in the settlement of the erage Form has rights to recover dam- claim. ages from another, those rights are (3) Permit us to inspect the covered transferred to us. That person or organi- "auto" and records proving the zation must do everything necessary to "loss" before its repair or dis- secure our rights and must do nothing position. after "accident" or "loss" to impair (4) Agree to examinations under them. oath at our request and give us a B. General Conditions signed statement of your an- 1. Bankruptcy savers. Bankruptcy or insolvency of the "in- 3. Legal Action Against Us sured" or the "insured's" estate will not No one may bring a legal action against relieve us of any obligations under this us under this Coverage Form until: Coverage Form. a. There has been full compliance with 2. Concealment, Misrepresentation Or all the terms of this Coverage Form; Fraud and This Coverage Form is void in any case b. Under Liability Coverage, we agree of fraud by you at any time as it relates in writing that the "insured" has an to this Coverage Form. It is also void if obligation to pay or until the amount you or any other "insured", at any time, of that obligation has finally been intentionally conceal or misrepresent a determined by judgment after trial. material fact concerning: No one has the right under this poli- a. This Coverage Form; cy to bring us into an action to deter- mine the "insured's" liability. b. The covered "auto"; 4. Loss Payment - Physical Damage c. Your interest in the covered "auto"; Coverages or At our option we may: d. A claim under this Coverage Form. a. Pay for, repair or replace damaged 3. Liberalization or stolen property; If we revise this Coverage Form to pro- b. Return the stolen property, at our ex- vide more coverage without additional pense. We will pay for any damage premium charge, your policy will auto- that results to the "auto" from the matically provide the additional coverage theft; or as of the day the revision is effective in C. Take all or any part of the damaged your state. or stolen property at an agreed or 4. No Benefit To Bailee - Physical Damage appraised value. Coverages If we pay for the "loss", our payment We will not recognize any assignment or will include the applicable sales tax for grant any coverage for the benefit of any the damaged or stolen property. person or organization holding, storing or transporting property for a fee regard- less of any other provision of this Cov- erage Form. CA 00 0103 06 @ISO Properties, Inc., 2005 Page 9 of 13 5. Other insurance b. 1f this policy is issued for more than a. For any covered "auto" you own, one year, the premium for this Cov- this Coverage Form provides primary erage Form will be computed annu- insurance. For any covered "auto" ally based on our rates or premiums you don't own, the insurance pro- in effect at the beginning of each vided by this Coverage Form is ex- year of the policy. cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover "ac- "auto" which is a "trailer" is con- cidents" and "losses" occurring: nected to another vehicle, the Liabil- ity Coverage this Coverage Form a. During the policy period shown in provides for the "trailer" is: the Declarations; and (1) Excess while it is connected to a b. Within the coverage territory. motor vehicle you do not own. The coverage territory is: (2) Primary while it is connected to a. The United States of America; a covered "auto" you own. b. The territories and possessions of b. For Hired Auto Physical Damage the United States of America; Coverage, any covered "auto" you c, Puerto Rico; lease, hire, rent or borrow is deemed to be a covered "auto" you own. d. Canada; and However, any "auto" that is leased, e. Anywhere in the world if: hired, rented or borrowed with a driver is not a covered "auto". (1) A covered "auto" of the private passenger type is leased, hired, c. Regardless of the provisions of Para- rented or borrowed without a graph a. above, this Coverage Form's driver for a period of 30 days or Liability Coverage is primary for any less; and liability assumed under an "insured contract". (2) The "insured's" responsibility to pay damages is determined in a d. When this Coverage Form and any "suit" on the merits, in the Unit- other Coverage Form or policy cov- ed States of America, the ter- ers on the same basis, either excess ritories and possessions of the or primary, we will pay only our United States of America, Puerto share. Our share is the proportion Rico, or Canada or in a settle- that the Limit of Insurance of our ment we agree to. Coverage Form bears to the total of the limits of all the Coverage Forms We also cover "loss" to, or "accidents" and policies covering on the same involving, a covered "auto" while being basis. transported between any of these places. 6. Premium Audit 8. Two Or More Coverage Forms Or Poli- cies Issued By Us a. The estimated premium for this Cov- If this Coverage Form and any other Cov- erage Form is based on the expo- sures you told us you would have erage Form or policy issued to you by us when this policy began. We will or any company affiliated with us apply compute the final premium due to the same "accident", the aggregate when we determine your actual ex- maximum Limit of Insurance under all the Coverage Forms or policies shall not posures. The estimated total premi- u exceed the highest applicable Limit of m will be credited against the final Insurance under any one Coverage Form premium due and the first Named Insured will be billed for the balance, or policy. This condition does not apply if any. If the estimated total premium to any Coverage Form or policy issued exceeds the final premium due, the by us or an affiliated company specifi- first Named Insured will get a re- cally to apply as excess insurance over this Coverage Form. fund. CA 00 0103 06 ©ISO Properties, Inc., 2005 Page 10 of 13 SECTION V - DEFINITIONS b. Before the "pollutants" or any prop- A. "Accident" includes continuous or repeated erty in which the "pollutants" are exposure to the same conditions resulting in contained are moved from the place "bodily injury" or "property damage". where they are accepted by the "in- sured" for movement into or onto B. "Auto" means; the covered "auto"; or 1. A land motor vehicle, "trailer" or semi- c. After the "pollutants" or any prop- trailer designed for travel on public roads; or erty in which the "pollutants" are contained are moved from the cov- 2. Any other land vehicle that is subject to ered "auto" to the place where they a compulsory or financial responsbility are finally delivered, disposed of or law or other motor vehicle insurance law abandoned by the "insured." where it is licensed or principally ga- raged. Paragraph a. above does not apply to However, "auto" does not include "mobile fuels, lubricants, fluids, exhaust gas- equipment es or other similar pollutants that are needed for or result from the C. "Bodily injury" means bodily injury, sickness normal electrical, hydraulic or me- or disease sustained by a person including chanical functioning of the covered death resulting from any of these. "auto" or its parts, if: D. "Covered pollution cost or expense" means (1) The "pollutants" escape, seep, any cost or expense arising out of: migrate, or are discharged, dis- 1. Any request, demand, order or statutory persed or released directly from or regulatory requirement that any in- an "auto" part designed by its sured" or others test for, monitor, clean manufacturer to hold, store, re- up, remove, contain, treat, detoxify or ceive or dispose of such pollu- neutralize, or in any way respond to, or tants"; and assess the effects of "pollutants"; or (2) The "bodily injury," "property 2. Any claim or "suit" by or on behalf of a damage" or "covered pollution governmental authority for damages be- cost or expense" does not arise cause of testing for, monitoring, cleaning out of the operation of any up, removing, containing, treating, detox- equipment listed in Paragraphs ifying or neutralizing, or in any way re- 6.b. or 6.c. of the definition of sponding to or assessing the effects of "mobile equipment." "pollutants". Paragraphs b. and c. above do not "Covered pollution cost or expense" does not apply to "accidents" that occur away Include any cost or expense arising out of from premises owned by or rented the actual, alleged or threatened discharge, to an "insured" with respect to "pol- dispersal, seepage, migration, release or es- IIutants" not in or upon a covered cape of "pollutants": If if: a. That are, or that are contained in any (1) The "pollutants" or any property property that is: in which the "pollutants" are contained are upset, overturned (1) Being transported or towed by, or damaged as a result of the handled, or handled for move- maintenance or use of a covered ment into, onto or from the cov- "auto and Bred "auto"; (2) The discharge, dispersal, seep- (2) Otherwise in the course of age, migration, release or escape transit by or on behalf of the of the "pollutants" is caused di- "insured"; rectly by such upset, overturn or (3) Being stored, disposed of, treat- damage. ed or processed in or upon the covered "auto"; or CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 11 of 13 E. "Diminution in value" means the actual or a. That indemnifies a railroad for "bod- perceived loss in market value or resale val- ily injury" or "property damage" ue which results from a direct and accidental arising out of construction or demoli- "loss". tion operations, within 50 feet of any F. "Employee" includes a "leased worker". railroad property and affecting any "Employee" does not include a "temporary railroad bridge or trestle, tracks, road worker". beds, tunnel, underpass or crossing; or G. "Insured" means any person or organization qualifying as an Insured in the Who Is An b. That pertains to the loan, lease or Insured provision of the applicable coverage. rental of an "auto" to you a any of " Except with respect to the Limit of Insurance, your "employees", if the "auto" is the coverage afforded applies separately to loaned, leased or rented with a driv- each insured who is seeking coverage or er; or against whom a claim or "suit" is brought. c. That holds a person or organization H. "Insured contract" means: engaged in the business of transport- ing property by "auto" for hire harm- 1. A lease of premises; less for your use of a covered "auto" 2. A sidetrack agreement; over a route or territory that person 3. Any easement or license agreement, ex- or organization is authorized to serve cept in connection with construction or by public authority. demolition operations on or within 50 1. "Leased worker" means a person leased to feet of a railroad; you by a labor leasing firm under an agree- ment between you and the labor leasing firm, 4. An obligation, as required by ordinance, to perform duties related to the conduct of to indemnify a municipality, except in your business. "Leased worker" does not in- connection with work for a municipality; clude a "temporary worker". 5. That part of any other contract or agree- J. "Loss" means direct and accidental loss or ment pertaining to your business (includ- damage. ing an indemnification of a municipality K. "Mobile equipment" means any of the fol- in connection with work performed for a municipality) under which you assume lowing types of land vehicles, including any the tort liability of another to pay for attached machinery or equipment: "bodily injury" or "property damage" to 1. Bulldozers, farm machinery, forklifts and a third person or organization. Tort liabil- other vehicles designed for use princi- ity means a liability that would be im- pally off public roads; posed by law in the absence of any 2. Vehicles maintained for use solely on or contract or agreement. next to premises you own or rent; 6. That part of any contract or agreement 3. Vehicles that travel on crawler treads; entered into, as part of your business, pertaining to the rental of lease, by you 4. Vehicles, whether self-propelled or not, or any of your "employees", of any maintained primarily to provide mobility "auto." However, such contract or agree- to permanently mounted: ment shall not be considered an "insured a. Power cranes, shovels, loaders, dig- contract" to the extent that it obligates gers or drills; or you or any of your "employees" to pay for "property damage" to any "auto" re- b. Road construction or resurfacing nted or leased by you or any of your equipment such as graders, scrapers "employees". or rollers. An "insured contract" does not include that part of any contract or agreement: CA 00 0103 06 pISO Properties, Inc.,2005 Page 12 of 13 5. Vehicles not described in Paragraphs 1., L. "Pollutants" means any solid, liquid, gaseous 2., 3., or 4. above that are not self-pro- or thermal irritant or contaminant, including pelled and are maintained primarily to smoke, vapor, soot, fumes, acids, alkalis, provide mobility to permanently attached chemicals and waste. Waste includes materi- equipment of the following types: als to be recycled, reconditioned or re- a. Air compressors, pumps and gener- claimed. ators, including spraying, welding, M. "Property damage" means damage to or loss building cleaning, geophysical explo- of use of tangible property. ration, lighting and well servicing N. "Suit" means a civil proceeding in which: equipment; or 1. Damages because of "bodily injury" or b. Cherry pickers and ,similar devices "property damage"; or used to raise or lower workers. 2. A "covered pollution cost or expense", 6. Vehicles not described in Paragraphs 1., 2., 3. or 4. above maintained primarily to which this insurance applies, are alleged. for purposes other than the transporta- "Suit" includes: tion of persons or cargo. However, self- propelled vehicles with the following a. An arbitration proceeding in which types of permanently attached equipment such damages or "covered pollution are not "mobile equipment" but will be costs or expenses" are claimed and considered "autos": to which the "insured" must submit or does submit with our consent; or a. Equipment designed primarily for: b. Any other alternative dispute resolu- (1) Snow removal; tion proceeding in which such dam- (2) Road maintenance, but not con- ages or "covered pollution costs or struction or resurfacing; or expenses" are claimed and to which the insured submits with our con- (3) Street cleaning; sent. b. Cherry pickers and similar devices mounted on automobile or truck 0• "Temporary worker" means a person who is chassis and used to raise or lower furnished to you to substitute fora perma- workers; and nent "employee" on leave or to meet sea- sonal or short-term workload conditions. c. Air compressors, pumps and P. "Trailer" includes semitrailer, gener tors, including spraying, weld- ing, building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos". i CA 00 0103 06 ©ISO Properties, Inc.,2005 Page 13 of 13 Endorsement Number: PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement,effective attaches to and forms a part of Policy Number. This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 Page 1 of 1