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HomeMy WebLinkAboutPW17-169 - Original - TMG Services, Inc. - Contract - 04/12/17 Records ManA6ementl K filT Document 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::.. TMG Services, Inc. Vendor Number: JD Edward's Number Contract Number: PW 1-1 1(01 This is assigned by City Clerk's Office Project Name: 2017 annual Chlorine Equipment Maintenance Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Z Contract ❑ Other: Contract Effective Date: 4,/12/17 Termination bate: 7/29/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tom Cunningham Department: Public Works Contract Amount: 7,909.00 Approval Authority: (CIRCLE aNE) D rtment Director ayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Contractor will perform the 2017' annual chlorine equipment service maintenance at 5 well sites in the city. As of: 08/27/14 A-' 4 eo�11** • KENT W.S-0n 0^ GOODS & SERVICES AGREEMENT between the City of Kent and TMG Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TMG Services, INc. organized under the laws of the State of Washington, located and doing business at 3216 E. Portland Ave., Tacoma, WA 98404, Phone: (253) 779-4160/Fax (253) 779-4165, Contact: Mary Gazdik (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: Vendor shall provide all parts, materials, and labor to perform the 2017 annual chlorine equipment service maintenance at the following City of Kent well site: 1. Armstrong Springs - 17975 SE 275th PI. 2. Clark Springs - 24875 Kent Kangely Road 3. East Hill - 24525 104th Ave SE 4. Kent Springs - 28600 216th Ave SE 5. Seven Oaks - 11834 Kent Kangley Rd. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by July 29, 2017. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seven Thousand, Nine Hundred Nine Dollars ($7,909.00), 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 be paid after completion of inspections of well sites. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS &SERVICES AGREEMENT- 1 ($20,000 or Less, inch WSST) s A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS &SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS &SERVICES AGREEMENT- 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS &SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS &SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act. 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 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 Vendor 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. 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 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. VENDOR: CITY OF KENT: LA4-1YL By: By: (signature (signature) Print Print Name: David A. Brock rirt Nae: C k n V Its: r', r s a e 11 4, Its: Deputy Director Operations Manager (tine J DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Mary Gazdlk Timothy 3. LaPorte, P.E. TMG Services, Inc. City of Kent 3216 East Portland Avenue 220 Fourth Avenue South Tacoma, WA 98404 Kent, WA 98032 (253) 779-4160 (telephone) (253) 856-5500 (telephone) (253) 779-4165 (facsimile) (253) 856-6500 (facsimile) GOODS & SERVICES AGREEMENT - 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. For: �,- K6 -SNrVcc.e.s , 7— Title: PresI cie Date: DV /()-5'/ I '? 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 EXHIBIT A 3216 E. Porflanci A vooue Quality Products - Excellent Service Tacoma, GAIN 98404 253 779-4160 Tkv, �rngjncC�tolgse�%Iices.nei` March 16th, 2017 QUOTATION Torn Cunningham Kent, City of 220 Fourth Avenue S. Kent, WA 98032 Dear Torr, TIVIG Services, Inc is pleased to offer you a QUOTATION for 2017 Annual Preventative Maintenance on YOUr W&T Gas EqUiprnent at the (5) Sites listed below If YOU have any questions don't hesitate to give us a Call, KENT SPRINGS SITE 2-W&T 210S Vacuum Regulators 2-W&T V10K Chlorinators 2-W&T 3/4" Injector Scope of Work: To Clean/Inspect/Regasket the above iteris replace tubing &test equipment to ensure proper operation. CLARK SPRINGS SITE 2-W&T 2109 Vacuum Regulators W&T V10K Chlorinator wv 5" Rate Control Unit 1-081"3/4"' 1 Scope of Work:To Clean/Inspect!Ragasket the above uterus replace tubing &test equipment to ensure proper operation, EAST HILL SITE 2_-O—J—&T,-'2"'--tO S—V a-cuum Regulators 6-VV&TV10K Chlorinator 'I-VV&T 5"'Rate Control Unit 1-VV&T 3/4" Injector Scope of Work: To Cie@ n/inspect/Reg aske t the above items tUb4rg&test equlprnent to ensure proper operation ARMSTRONG SPRINGS SITE 2-W&P E ICK Vacuum Regui@tors 1-W8 T 5"Automatic Rate Control Unit I-%N&1 3/4" 1 njector Scope of Work: To Clean/Irspect/Regasket the above items, repIa(,,,e tuOing & test equipment to ensure,proper operafion, SEVEN OAKS SITE 2-W&T 210S Vacuum Regulators 1-V81" 3" Rate Control Unit I-tiAJ&T 3.4' injector Scope of Work: To Cle@n/lnspect!Regasket the above iterns rep are tubkig & test eauiprnent to,ensure proper operation. TOTAL PRICE: $7,190 (includes Freight & Estimated Taxes) Terms&Conditions of Sale: -F.O.B.:Kent,WA -Payment Terms: Net 30 Days—Our terms of payment are 100%payable 30 days after shipment. Since this is an agreement between Buyer and Seller,and Seller has no relationship with the third party owner,this agreement must be independent of any third party action or Inaction. Payment will be due as indicated above without a dependency on the buyer being paid by the owner, with no further restriction or impediments,and regardless of any payment arrangement that may exist between contractor and owner. -This price is in effect for 60 days. -Submittals,if required,will be provided 4 weeks after receipt of all technical data at T M G Services. -Delivery will be made in approximately 4-6 weeks after receipt of order and/or approvals and resolution of all necessary technical data at T M G Services. -Quotation prices do not include any sales taxes or any other taxes that may apply. -This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed. Thank you, Brittany Apodaca TMG Services, Inc. f � evoQUA July 23, 2015 Subject: Equipment Sales for Evoqua Water Technologies, Wallace&Tiernan Disinfection Chlorine Gas Feed, OSEC, Analyzers &Water Champs. To:Whom It May Concern: Evoqua Water Technology/Wallace &Tiernan have appointed TMG Services, as sole municipal Authorized Water /Wastewater Distributor, Water!Wastewater Representative and Service Contractor for the States of Alaska; Montana, Oregon, Washington and Idaho counties of Boundary, Bonner, Kootenai, Benewah, Shoshone, Latah, Clearwater, Nez Perce, Lewis, Idaho. Evoqua Water Technologies will only honor pricing that has been provided by our network of Distributors and Representatives in their area of coverage. Any pricing provided by others outside of contracted territories will not be considered. TMG Services are factory trained and certified. Evoqua Water Technologies, exercised great care identifying the appropriate professional organizations to handle the complexities of the many chemical feed processes. Evoqua Water Technologies, Wallace&Tiernan Representative's provide application guidance for the use of these products. If you have any questions or require additional information please feel free to contact me. Regards, Zafaa`y 57.4 Larry E. Graff Technical Sales Manager- Disinfection Evoqua Water Technologies LLC PO Box 270747 Louisville, CO 80027 E. larry=g .-,qua corn T. 303-718-4795 Evoqua Water Technologies, LLC Tel. 719-570-9600 725 Wooten Road Fax. 719-380-9424 Colorado Springs, CO 80915 www.evoqua.com , DATE(MMIDDIYYYY) AC�V CERTIFICATE OF LIABILITY INSURANCE 4/6/2017 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 NAME CT Linda Doherty HENTSCHELL & ASSOC INC PHONE (253)272-1151 FAX No): (253)272-1225 1436 S. Union Ave. AIL ADDRESS:Linda Doherty@hentschell.com INSURERS AFFORDING COVERAGE NAIC 0 Tacoma WA 98405-1925 INSURER A:Wes tern National Assurance Co. INSURED INSURER B: TMG Services, Inc. INSURER C: 3216 E. Portland Ave. INSURERD: INSURER E: Tacoma WA 98404-4929 INSURERF: COVERAGES CERTIFICATE NUMBER:16/17 GL/Auto/Umb/StpGap 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 ADDL SUER POLICY NUMBER MMIDDIIYYYY MMIIDDIYYYY LIMITS LTRWQ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DMGE A CLAIMS-MADE ❑X OCCUR PRAEM SES TO a ocCu ante $ 100,000 X CPP112211702 12/2/2016 12/2/2017 MEDEXP(Anyoneperson) $ 15,000 PERSONAL&ADVINJURY $ 1,000,0011 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY D PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benefits $ 1,000,000, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS X CPP112211702 12/2/2016 12/2/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DIED I I RETENTION$ X UMB102042002 12/2/2016 12/2/2017 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE ERH ANY PROPRIETOR/PARTNERIEXECUTIVE YIN Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMA (Mandatory H)EXCLUDED? NIA CPP112211702 12/2/2016 12/2/2017 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 11000,000 If yyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re: 2017 Chlorination System Service Maintenance at Armstrong Springs, Clark Springs, East Hill, Kent Springs and Seven Oaks. City of Kent is Blanket primary additional insured and waiver of subrogation. as required by written contract or agreement per WNGL49 07-15, WNGL 39 07-15 and WNCA27 11-12. CERTIFICATE HOLDER CANCELLATION jedavis@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Grove Kent, WA 98032 AUTHORIZED REPRESENTATIVE Tom Duren/LAP ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) b COMMERCIAL GENERAL LIABILITY WN GL 49 0715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11—Who Is An Insured is amended to in- B. VYdh respect to the insurance afforded to these ad- clude as an additional insured any person or or- ditional insureds,the following additional exclusion ganization for whom you are performing opera- applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily injury", "property damage"or"personal additional insured on your policy. Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liability for "bodily injury", "property dam- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, services,including: in whole or in part. by. a. The preparing, approving, or failing to pre- 1. Your acts or omissions;or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf, change orders or drawings and specifica- tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. g A person's or organization's status as an additional insured under this endorsement ends when your This exclusion applies even if the claims operations for that additional insured are com- against an additional insured allege negligence plated. or other wrongdoing in the supervision, hiring, employment, training or monitoring of others However by that insured, if the "occurrence" which caused the 'bodily injury' or "property dam- 1. The insurance afforded to such additional in- age',or the offense which caused the"person- i3 sured only applies to the extent permitted by al and advertising Injury", involved the render- law; and ing of or failure to render any professional 2. If coverage provided to the additional insured services by you with respect to your providing is required by a contract or agreement, the in- engineering, architectural or surveying sere surance afforded to such additional insured ices in your capacity as an engineer,architect will not be broader than that which you are re- or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Includes copyrighted material of Insurance services Office,Inc.,with its permission. page 1 of 2 , o 2. "Bodily injury" or "property damage"occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the contrary: a. All work, including materials, parts or equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project(other than serv- This insurance is primary to and will not seek ice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered op- policy provided that: erations has been completed; or b. That portion of 'your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance;and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing oper- primary and would not seek contribution ations for a principal as a part of the same from any other insurance available to the project additional insured. C. With respect to the insurance afforded to these ad- ditional insureds,the following is added to Section III—ILimits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement;or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. V1i711 GL 49 07 15 includes copyrighted materlal of Insurance services Office,Inc.,with its permission. Page 2 of 2 D WN GL 39 07 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT MW The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet...................................................................................2 Property Damage Liability • Elevators. . ......... .. .. .. ...... ....................... .........................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception...................................................3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence.............................................................................. ...3 Supplementary Payments—Amended • Bail Bonds Up To$5,000.......................................................................................................4 • Loss of Earnings Up To$500/pay ........................................................................................4 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee............................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days.............................................4 • Blanket Additional Insured—Vendors—As Required By Contract..........................................4 Blanket Additional Insured—Lessor Of Leased Equipment....................................................6 • Blanket Additional Insured—Managers Or Lessors Of Premises............................................6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision 13 Or Political Subdivision—Permits Or Authorizations Relating To Premises..........................8 N m N Damage To Premises Rented To You — $300.000..................... ...........• O Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations............................9 Conditions Knowledge of Occurrence, Offense, Claim Or Suit Amended.................................................9 • Unintentional Failure To Disclose Hazards.............................................................................9 Waiverof Subrogation.........................................................................................................10 InsuredContract Amended..............................................................................................................10 Personal And Advertising Injury Redefined Televised,Videotaped Or Electronic Publication..................................................................10 WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 10 WN GL 39 0715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any "insured contract'for the ownership, maintenance or COVERAGE A — BODILY INJURY AND PROPERTY use of aircraft or watercraft;or DAMAGE LIABILITY (5) "Bodily injury" or"property damage"arising A. Non Owned Aircraft:Or Watercraft out of: Item 2. Exclusions, Paragraph g. is replaced by (a) The operation of machinery or the following: equipment that is attached to, or part g. Aircraft,Auto Or Watercraft of, a land vehicle that would qualify under the definition of "mobile "Bodily injury"or "property damage" arising out equipment" if it were not subject to a of the ownership, maintenance, use or compulsory or financial responsibility entrustment to others of any aircraft, "auto" or law or other motor vehicle insurance watercraft owned or operated by or rented or law where it is licensed or principally loaned to any insured. Use includes operation garaged; or and"loading or unloading". (b) The operation of any of the machinery This exclusion applies even N the claims or equipment listed in Paragraph f. (2) against any insured allege negligence or other or f. (3) of the definition of "mobile wrongdoing in the supervision, hiring, equipment". employment, training or monitoring of others by B. Damage To PropertyCovera e that insured, if the occurrence which caused 9 g Extensions the "bodily injury" or "property damage" Item 2. Exclusions,Paragraph j. is replaced by the involved in the ownership, maintenance, use or following: entrustment to others of any aircraft. "auto" or watercraft that is owned or operated by or J. Damage To Property rented or Ioaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property you own, rent, or occupy, (1) A watercraft while ashore on premises you including any costs or expenses incurred own or rent; by you, or any other person, organization or entity, for repair, replacement, (2) A watercraft you do not own that is: enhancement, restoration or maintenance (a) Less than 50 feet long; and of such property far any reason, including prevention of injury to a person or damage (b) Not being used to carry persons or to another's property; property for a charge; This Subparagraph (2) applies to an (2) Premises you sell, give away or abandon, if Y ., the "property damage" arises out of any _- person, who with your expressed or implied part of those premises; consent, either uses or Is responsible for the use of the watercraft; (3) Property loaned to you; (3) Parking an "auto" on, or on the ways next (4) Personal property in the care, custody or to, premises you own or rent, provided the control of the insured; "auto" is not owned by or rented or loaned to you or the insured; WN GL 39 07 15 includes copyrighted materlal of Insurance Services Office, Inc.,with Its permission. Page 2 of 10 r (s) That particular part of real property on Paragraph (6) of this exclusion does not apply to which you or any contractors or "property damage" included in the subcontractors working directly or indirectly "products-completed operations hazard". on your behalf are performing operations, if the "property damage" arises out of those The insurance provided for"property damage"from ffQ operations; or the use of elevators and for "property damage" to (6) That particular part of any property that borrowed equipment is excess over any other valid must be restored, repaired or replaced and collectible property insurance (including any because `your work" was incorrectly deductible portion thereof) available to the insured performed on it. whether primary, excess, contingent or on any other basis. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by C. Damage To Premises Rented To You fire, lightning, explosion or sprinkler leakage) to Item 2. Exclusions, the last paragraph is replaced premises, including the contents of such premises, by the following: rented to you for a period of seven or fewer consecutive days. A separate limit of insurance Exclusions c.through n. do not apply to damage by applies to Damage To Premises Rented To You as fire, lightning, explosion or sprinkler leakage to described In SECTION III — LIMITS OF premises while rented to you or temporarily INSURANCE. However, the provisions of this occupied by you with permission of the owner. A paragraph do not apply if coverage for Damage To separate limit of insurance applies to this coverage Premises Rented To You is excluded by as described in Paragraph 6. of SECTION III — endorsement. LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are `your work"and were never occupied, COVERAGE B — PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs (3) and (4) of this exclusion do not D. Personal And Advertising Injury apply to the use of elevators. Item 2. Exclusions is amended by replacing Paragraphs (3), (4), (5) and (6) of this exclusion do Sub-paragraphs b. and c. with the following: not apply to liability assumed under a sidetrack b. Material Published With Knowledge Of agreement. Falstty Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of N "property damage" to borrowed equipment while oral, written, televised,videotaped or electronic N not being used to perform operations at the jobsite. publication, in any manner, of material, if done Subject to Paragraph 2. of SECTION III — LIMITS by or at the direction of the insured with OF INSURANCE, the rules below fit the most we knowledge of its falsity. will pay for"property damage"under this provision: c. Material Published Prior To Policy Period (1) $25.000 any one "occurrence", regardless of "Personal and advertising injuryp arising out of the number of persons or organizations who oral, written, televised,videotaped or electronic sustain damages because of that"occurrence"; publication, in any manner, of material whose (2} $50,000 annual aggregate;and first publication took place before the beginning of the policy period. (3) We will pay only for damages in excess of $2.500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suiC. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 10 Y a SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — Vendors — As E. Supplementary Payments—Coverages A and B Required By Contract Item 1. is amended by replacing Subparagraphs b. 1. Section If—Who Is An Insured is amended to and d.with the following: include as an additional insured any person(s) or organization(s) (referred to throughout this b. Up to $5,000 for cost of bail bonds required endorsement as vendor) with whom you haveagreed in a written contract, executed prior to because of accidents or traffic law violations loss,to name as an additional insured, but only arising out of the use of any vehicle to which with respect to "bodily injury" or "property the Bodily Injury Liability Coverage applies. We damage" arising out of "your products" which do not have to furnish these bonds. are distributed or sold in the regular course of d. All reasonable expenses incurred by the the vendor's business. insured at our request to assist us in the However. investigation or defense of the claim or "suit', a. The insurance afforded to such vendor only including actual loss of earnings up to $500 a applies to the extent permitted by law; and day because of time off from work. b. If coverage provided to the vendor is required by a contract or agreement, the SECTION II—WHO IS AN INSURED AMENDMENTS insurance afforded to such vendor will not be broader than that which you are A. Employee Bodily Injury To A Co-Employee required by the contract or agreement to Paragraph 2. a.(1)is replaced by the following: provide for such vendor. 2. With respect to the insurance afforded to these (1) "Bodily injury" or "personal and advertising vendors. the following additional exclusions injury': apply. (a) To you, to your partners or members(if you a. The insurance afforded the vendor does are a partnership or joint venture), to your not apply to: members (if you are a limited liability company), or to your other "volunteer (1) "Bodily injury"or"property damage"for workers"while performing duties related to which the vendor is obligated to pay the conduct of your business; damages by reason of the assumption (b) For which there is an obligation to share of liability in a contract or agreement y This exclusion does not apply to liability damages with or repay someone else who for damages that the vendor would must pay damages because of the injury have In the absence of the contract or described in Paragraph(1)(a) above; or agreement; (c) Arising out of his or her providing or failing (2) Any express warranty unauthorized by to provide professional health care you; services. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the Paragraph 3. a. is replaced by the following: vendor; a. Coverage under this provision Is afforded only (4) Repackaging, except when unpacked until the 180' day after you acquire or form the solely for the purpose of inspection, organization or the end of the policy period, demonstration, testing, or the substitution of parts under instructions whichever is earlier, from the manufacturer, and then repackaged in the original container; WN GL 39 07 15 includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course of business, in connection with the If coverage provided to the vendor is required distribution or sale of the products; by a contract or agreement, the most we will (6) Demonstration, installation, servicing or pay on behalf of the vendor is: FA repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of the product; b. The Limits of Insurance shown in the Declarations; (7) Products which, after distribution or sale by you, have been labeled or whichever is less. relabeled or used as a container, part or ingredient of any other thing or This endorsement shall not increase the substance by or for the vendor; or applicable Limits of Insurance shown in the Declarations. (8) "Bodily injury or "property damage" arising out of the sole negligence of the 5. With respect to the insurance afforded to these vendor for its own acts or omissions or additional insureds, the following additional those of its employees or arryone else exclusion applies: acting on its behalf. However, this This insurance does not apply to: exclusion does not apply to: s contained in a. "Bodily injury", "property damage" or (i) The exception Subparagraphs or ont in "personal and advertising injury"arising out of the rendering of, or the failure to render, (li) Such inspections, adjustments, any professional architectural, engineering tests or servicing as the vendor or surveying services, including: has agreed to make or normally (1) The preparing, approving, or failing to undertakes to make in the usual prepare or approve, maps, shop course of business, in connection drawings, opinions, reports, surveys, with the distribution or sale of the field orders, change orders or drawings products. and specifications; or 3. This Provision C.does not apply. (2) Supervisory, inspection, architectural or a. To any insured person or orga*ation from engineering activities. whom you have acquired such products, or This exclusion applies even if the any ingredient, part or container, entering claims against an additional insured into, accompanying or containing such allege negligence or other wrongdoing products; in the supervision, hiring, employment, b. To any vendor for which coverage as an training or monitoring of others by that additional insured specifically is scheduled insured, if the "occurrence" which by endorsement; or caused the" bodily injury"or"property c. When liability included within the damage", or the offense which caused the "personal and advertising injury', � "products-completed operations hazard" involved the rendering of or failure to has been excluded for such product either render any professional services by by the provisions of the coverage part or by you with respect to your providing endorsement engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 10 � I D. Blanket Additional Insured — Lessor Of Leased 4. With respect to the insurance afforded to these Equipment additional insureds, the following additional exclusion applies: 1. Section II—Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease a. "Bodily injury", "property damage" or equipment when you and such person(s) or "personal and advertising injury"arising out organization(s) have agreed in writing in a of the rendering of, or the failure to render, contract or agreement, executed prior to loss, any professional architectural, engineering that such person(s)or organization(s)be added or surveying services, including: as an additional insured on your policy. such person(s) or organization(s) is an insured only (1) The preparing, approving, or failing to with respect to liability for "bodily injury", prepare or approve, maps, shop "property damage"or"personal and advertising drawings, opinions, reports, surveys, injury" caused, in whole or in part, by your Meld orders, change orders or drawings maintenance, operation or use of equipment and specifications; or leased to you by such person(s) or (2) Supervisory, inspection,architectural or organization(s). engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment,training or b. Will not be broader than that which you are monitoring of others by that insured if the required by the contract or agreement to occurrence which caused the bodily provide for such additional insured. Injury'or`property damage", or the offense which caused the"personal and advertising A person's or organzation's status as an injury", involved the rendering of or failure additional insured under this endorsement ends to render any professional services by you when their contract or agreement with you for with respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not surveyor. apply to any "occurrence" which takes place E. Blanket Additional Insured — Managers Or after the equipment lease expires. Lessors Of Premises 3. Wtth respect to the insurance afforded to these 1. Section 11—Who Is An Insured is amended to additional insureds, the following Is added to include as an additional insured any person(s) Section III—Limits Of Insurance: or organization(s) with whom you have agreed If coverage provided to the additional insured is in a written contract, executed prior to loss, to required by a contract or agreement, the most name as an additional insured, but only with we will pay on behalf of the additional insured respect to liability arising out of the ownership, is: maintenance or use of that part of the premises leased to you. subject to the following a. The minimum amount required by the additional exclusions: contract or agreement;or This insurance does not apply to: b. The Limits of Insurance shown in the a. Any "occurrence" which takes place after Declarations: you cease to be a tenant in that premises. whichever is less. b. Structural alterations, new construction or This endorsement shall not increase the demolition operations performed by or on applicable Limits of Insurance shown in the behalf of such additional insured. Declarations. WN GL 39 07 15 Includes copyrighted materiel of Inswance Services Office,Inc.,with its permission. Page 6 of 10 � 1 However: F. Blanket Additional Insured State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or insured only applies to the extent permitted Political Subdivision — Permits Or by law; and Authorizations b. If coverage provided to the additional section 11 — Who Is An Insured is amended to insured is required by a contract or include as an additional insured any state or agreement, the insurance afforded to such governmental agency or subdivision or political additional insured will not be broader than subdivision with whom you have agreed in a written that which you are required by the contract contract, executed prior to loss, to name as an or agreement to provide for such additional additional insured, subject to the following insured. provisions: 2. Walt respect to the insurance afforded to these 1. This insurance applies only with respect to additional insureds, the following is added to operations performed by you or on your behalf Section III—Limits Of Insurance: for which the state or governmental agency or If coverage provided to the additional insured is subdivision or political subdivision has issued a required by a contract or agreement, the most permit or authorization. we will pay on behalf of the additional insured However is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or whichever is less. agreement, the insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations. insured. 3. With respect to the insurance afforded to.these 2. This insurance does not apply to. additional insureds, the following additional a. "Bodily injury", "property damage" or exclusion applies: "personal and advertising injury" arising out This insurance does not apply to: of operations performed for the federal a. "Bodily injury", "property damage" or government, state or municipality. or ,personal and advertising injury" arising out b. gBodify injury or "property damage" of the rendering of, or the failure to render, included within the "products-completed any professional architectural, engineering operations hazard". or surveying services, including: 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section III—Limits Of Insurance: drawings, opinions, reports, surveys, field orders, change orders or drawings If coverage provided to the additional insured is and specifications;or required by a contract or agreement, the most we will pay on behalf of the additional insured (2) Supervisory, inspection,architectural or is: engineering activities. a. The minimum amount required by the This exclusion applies even if the claims contract or agreement; or against an additional insured allege b. The Limits of Insurance shown in the negligence or other wrongdoing in the supervision, hiring, employment.training or Declarations; monitoring of others by that insured, if the whichever is less. "occurrence" which caused the "bodily injury" or"property damage", or the offense This endorsement shall not increase the which caused the"personal and advertising applicable Limits of Insurance shown in the injury", involved the rendering of or failure Declarations. to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 7 of 10 a � 4, With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies; c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law; and or surveying services, including: (1) The preparing, approving, or failing to b. If coverage provided to the additionalinsured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications;or or agreement to provide for such additional (2) Supervisory,inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section III—Limits Of Insurance: negligence or other wrongdoing in the If coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement, the most monitoring of others by that insured, if the we will pay on behalf of the additional insured occurrence which caused the bodily injury"or"property damage", or the offense is: which caused the"personal and advertising a. The minimum amount required by the injury", involved the rendering of or failure contract or agreement; or to render any professional services by you with respect to your providing engineering, b. The Limits of Insurance shown in the architectural or surveying services in your Declarations: capacity as an engineer, architect or surveyor. whichever is less. This endorsement shall not increase the G. Blanket Additional Insured — State Or applicable Limits of Insurance shown in the Declarations. Governmental Agency Or Subdivision Or Political Subdivision — Permits Or 3. With respect to the insurance afforded to these Authorizations Relating To Premises additional insureds, the following additional Section II — Who Is An Insured is amended to exclusion applies: include as an additional insured any state or This insurance does not apply to: governmental agency or subdivision or political a. "Bodily injury", "property damage" or subdivision with whom you have agreed in a written ' contract, executed prior to loss, to name as an personal and advertising injury"arising out of the rendering of, or the failure to render, additional insured, subject to the following any professional architectural, engineering provision: or surveying services, including: 1. This insurance applies only with respect to the (1) The preparing, approving, or failing to following hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications:or control and to which this insurance applies: a. The existence, maintenance, repair, (2) Supervisory, inspection,architectural or construction, erection or removal of engineering activities. ..,..,., advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;or WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 10 o � This exclusion applies even if the claims against an additional insured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or monitoring of others by that insured, if the A. Knowledge Of Occurrence °occurrence" which caused the "bodily Item 2. Duties In The Event Of Occurrence, injury" or"property damage', or the offense Offense, Claim or Suit is amended by adding the which caused the"personal and advertising following: injury", involved the rendering of or failure to render any professional services by you e. You must give us or our authorized with respect to your providing engineering, representative prompt notice of an architectural or surveying services in your "occurrence", claim or loss only when the capacity as an engineer, architect or "occurrence", claim or loss is known to: surveyor. (1) You, if you are an individual; SECTION III — LIMITS OF INSURANCE (2) A partner, if you are a partnership; AMENDMENTS (3) An executive officer or insurance manager, A. Damage To Premises Rented To You if you are a corporation: or Paragraph 6.is replaced by the following: (4) A member or manager, if you are a limited 6. Subject to Paragraph 5. above. the most we liability company. will pay under Coverage A for damages B. Other Insurance because of "property damage" to any one Item 4. Other Insurance, b. Excess Insurance(1) premises, while rented to you, or in the case of (a)(11)is replaced by the following: damage by fire, lightning, explosion or sprinkler (11) That is fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily leakage insurance for premises rented to you occupied by you with permission of the owner or temporarily occupied by you with permission is the greater of: of the owner; a. $300,000;or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the following: Declarations. 6. Representations And Unintentional Failure However, the provisions of this paragraph do To Disclose Hazards not apply if Damage To Premises Rented To a. By accepting this policy,you agree: You Coverage is excluded by endorsement. (1) The statements in the Declarations are B. Medical Expense Limit accurate and complete; N Paragraph 7. is replaced with the following: (2) Those statements are based upon 7. Subject to Paragraph S. above, the most we representations you made to us; and will pay under Coverage C for all medical (3) We have issued this policy in reliance expenses because of "bodily injury sustained upon your representations. by any one person is the greater of a. $10,000: or b. if you unintentionally fail to disclose any hazards existing at the inception date of b. The amount shown next to the Medical your policy, we will not deny coverage Expense Limit in the Declarations. under this Coverage Part because of such This insurance does not apply if coverage for failure. However, this provision does not Medical Expenses is excluded either by the erect our right to collect additional provisions of the coverage part or by premium or exercise our right of endorsement cancellation or non-renewal. WIN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 9 of 10 0 � D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item S. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9.a. is replaced by the following: We waive any right of recovery we may have a. A contract for a lease of premises. However, because of payments we make for injury or that portion of the contract for a lease of damage arising out of your ongoing operations or premises that indemnifies any person or "your work" done under a written contract, organization for damage by fire, lightning, executed prior to loss, requiring such waiver with explosion or sprinkler leakage to premises that person or organization and included in the while rented to you or temporarily occupied by "products-completed operations hazard". However, you with permission of the owner is not an our rights may only be waived prior to the "insured contract"; "occurrence" giving rise to the injury or damage for B. Personal And Advertising Injury Redefined which we make payment under this Coverage Part. The insured must do nothing after a loss to impair Paragraph 14. d. and e. are replaced by the our rights. At our request, the insured will bring following: "suit" or transfer those rights to us and help us enforce those rights. d. Oral,written, televised,videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral,written,televised,videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 07 15 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 10 of 10 e � WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: Newly Acquired Organizations for up to 180 Days 2 Employees as Insureds 2 Subsidiaries in Which You Own 50%or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: Bail Bonds up to$5,000 2 Loss of Earnings up to$500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 A WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented A. Who Is An Insured under a contract or agreement in the "employee's" name, with your permission, SECTION II — COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE, A. Coverage, 1. Who Is An Insured of your business. is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of this coverage Insured, paragraph c. is amended to add the form. following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would that person or organization, that is signed and be an "insured" under such policy but for executed by you before the "bodily injury" or termination of such policy or the exhaustion on "property damage" occurs and that is in effect such policy's limits of insurance. during the policy period, to be named as an e. Any organization which is newly acquired or additional insured is an "insured" for Liability formed by you and over which you maintain Coverage, but only for damages to which this majority ownership. However, coverage under insurance applies and only to the extent that this provision: persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in (1) is afforded only for the first 180 days after Section II. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions—Supplementary whichever comes first; Payments (2) does not apply to "bodily injury" or SECTION II — COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident"that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture (2) Up to $5,000 for cost of bail bonds (including or partnership; and bonds for related traffic law violations) required because of an"accident"we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability policy, or would be an "insured" under such a policy but for (4) All reasonable expenses incurred by the termination of such policy or the "insured" at our request, including actual loss exhaustion of such policy's limits of of earnings up to $500 a day because of time insurance. off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, S. Fellow COVERAGE, A. Coverage, 3. Glass Breakage — Employee, the following is added: Hitting A Bird Or Animal — Falling Objects Or Co-Employee Lawsuit Defense Cost Missiles, is amended by adding the following: Reimbursement No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, If a suit seeking damages for"bodily injury" to any rather than replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to SECTION III — PHYSICAL DAMAGE the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, COVERAGE, A. Coverage is amended by adding the following: brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable 5. Hired Auto Physical Damage costs that you incur in the defense of such matters. Any reimbursement made pursuant to If hired "autos" are covered "autos"for Liability this sub-section will be in addition to the limits of Coverage and if Comprehensive, Specified liability set forth in the Declarations. Causes of Loss, or Collision coverages are provided under this coverage form for any " SECTION III — PHYSICAL DAMAGE COVERAGE auto" you own, then the Physical Damage AMENDMENTS Coverages provided are extended to "autos" you hire of like kind and use, subject to the A. Transportation Expense—Limits Amended following: SECTION III — PHYSICAL DAMAGE a. The most we will pay for any one "loss" is COVERAGE, A. Coverage, 4. Coverage $50,000 or the actual cash value or cost to Extensions, a. Transportation Expenses is repair or replace, whichever is less, minus amended by replacing $20 per day/$600 maximum a deductible; limit with $50 per day/$1000 maximum. b. The deductible will be equal to the largest Physical Damage — Loss Of Use deductible applicable to any owned "auto" B. Hired Auto Ph Y 9 for that coverage. Any Comprehensive Expenses—Limits Amended deductible does not apply to "loss" caused SECTION III — PHYSICAL DAMAGE by fire or lightening; COVERAGE, A. Coverage, 4. Coverage c. Hired Auto Physical Damage coverage is Extensions, b. Loss of Use Expenses is excess over any other collectible amended by replacing the $20 per day/$600 insurance; and maximum limit with $50 per day/$750 maximum limit. d. Subject to the above limit, deductible and excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage SECTION III — PHYSICAL DAMAGE applicable to any covered"auto"you own. COVERAGE, A. Coverage, 4. Coverage If a limit for Hired Auto Physical Damage is Extensions is amended by adding the following: indicated in the Declarations, then that limit replaces, and is not added to,the$50,000 limit c. Personal Effects indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an"insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 d d F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III—PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE A. Coverage, is amended by adding the following: COVERAGE, A. Coverage is amended by adding 6. Rental Reimbursement the following: This coverage applies only to a covered "auto" 7• Accidental Airbag Deployment Coverage of the private passenger or light truck type as We will pay to reset or replace factory installed follows: airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a private passenger or light truck type This coverage is applicable only if "auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light truck type covered"auto". "auto". Payment applies in addition to the otherwise applicable amount of each This coverage is excess over any other coverage you have on a covered private collectible insurance or reimbursement by passenger or light truck type "auto." No manufacturer's warranty. deductibles apply to this coverage. H. Auto Loan/Lease Gap Coverage b. We will pay only for those expenses SECTION III PHYSICAL DAMAGE COVERAGE, incurred during the policy period beginning 24 hours after the "loss" and ending, Item A., Coverage, is amended by adding the regardless of the policy's expiration, with following: the lesser of the following number of days: g, Auto Loan/Lease Gap Coverage (1) The number of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light the Declarations as including physical damage truck type "auto". If "loss" is caused coverage. by theft, this number of days is added to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the or light truck type "auto" and return it Schedule or in the Declarations, we will pay to you; or any unpaid amount due on the lease or loan (2) 30 days. for a covered"auto"less: c. Our payment is limited to the lesser of the a. The amount paid under the Physical following amounts: Damage Coverage Section on the policy; and (1) Necessary and actual expenses b. Any: incurred, or (2) $50 per day, up to a maximum of (1) Overdue lease/loan payments at the $1,000. time of the"loss"; d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal light truck type "autos" available to you for wear and tear or high mileage; your operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or l (4) Costs for extended warranties, Credit light truck type, we will pay under this coverage only that amount of your rental Life Insurance, Health, Accident or reimbursement expenses which is not Disability Insurance purchased with the loan or lease; and already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage,4. Coverage Extensions. (5) Carry-over balances from previous loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 A SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV — BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit Or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by SECTION IV — BUSINESS AUTO CONDITIONS, adding the following paragraph: A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any This condition applies only when the "accident" or additional hazards, we will not deny coverageunder this Coverage Part because of such failure. "loss"is known to: (1) You, if you are an individual; D. Employee Hired Auto (2) A partner, if you are a partnership; SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or following: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liability company. the following are deemed to be a covered .,autos"you own: But, this section does not amend the provisions relating to notification of police, protection or (1) Any covered "auto"you lease, hire, rent or examination of the property which was subject to borrow. the"loss". (2) Any covered"auto" hired or rented by your B. Blanket Waiver of Subrogation "employee" under a contract in that individual "employee's" name, with your Section IV—BUSINESS AUTO CONDITIONS, A. permission, while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by adding the following exception: However, any "auto" that is leased, hired, rented or borrowed with a driver is not a However, we waive any right of recovery we may covered"auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5