The URL can be used to link to this page

Home My WebLink AboutPK17-221 - Original - NetServices, LLC - Kent Memorial Park Pole Replacement & Barrier Netting Installation - 05/18/2017 R e c o r d' s M a,na'g,'e` m- -e'-" KENT y� aM Document CONTRACT COVER SKEET 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: NETServices, LLC Vendor Number: 438634 JD Edwards Number Contract Number: '� " 0 This is assigned by City Clerk's Office Project Name: KENT MEMORIAL PARK POLE REPLACEMENT AND BARRIER NETTING INSTALLATION Description: ❑ lnterlocal Agreement E' Change Order ® Amendment x❑ Contract ❑ Other: Contract Effective Cate: ination late: iJ8/1 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ben ' eyen agen Department; Par-ks GpeFatiens. Russell Contract Amount: 46,417.85 Approval Authority: F I Department Director XF-1 Mayor E] City Council Detail: (i.e. address, location, parcel number, tax id, etc.):. For lent Memorial Park, located at 8 6 Central Avenue North; Kent dA_9803.2,. . (1) Demo and dispose of 1 existing wood pole; and (2) furnish and install a 46-foot above grade-baseball barrier-netting system in accordance with Contractor's Proposal-No-;-6640 dated March 6, 2017 and its accompanied price quote, both of which are attached and incorporated by-this reference-as Exhibit A;...except for any terms and conditions that.. Contractor attached to that proposal and price quote that conflict with or add terms additional to those provided for within this contract document itself,..which additional or,.. different terms are expressly excluded from incorporation. As Qf 08/27/14 KENT PUBLIC WORKS AGREEMENT between City of Kent and NETServices, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and NETServices, LLC., organized under the laws of the State of Washington, located and doing business at 13010 filth Avenue NE, Marysville, WA 98271-6751; P: 888-365-6387; Fax: 360-651-1956, Contact: Steve Sorensen, Assistant Project Manager, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: At Kent Memorial Park, (1) demo and dispose of 1 existing wood pole; and (2) furnish and install a 40-foot above grade baseball barrier netting system in accordance with Contractor's Proposal No. 6640, dated March 6, 2017 and its accompanied price quote, both of which are attached and incorporated by this reference as Exhibit A, except for any terms and conditions that Contractor attached to that proposal and price quote that conflict with or add terms additional to those provided for within this contract document itself, which additional or different terms are expressly excluded from incorporation. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I within 90 days from the date of the contract. . III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FORTY SIX THOUSAND FOUR HUNDRED SEVENTEEN AND EIGHTY FIVE CENTS ($ 46,417.85), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainacie. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State PUBLIC WORKS AGREEMENT - 1 (Over$20K, but$65K or Less, and Performance Bond) Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: PUBLIC WORKS AGREEMENT - 2 (Over$20K, but$65K or Less, and Performance Bond) A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or PUBLIC WORKS AGREEMENT - 3 (Over$20K, but$65K or Less, and Performance Bond) otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 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 Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within PUBLIC WORKS AGREEMENT - 4 (Over$20K, but$65K or Less, and Performance Bond) a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B, attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. PUBLIC WORKS AGREEMENT - 5 (Over$20K, but$65K or Less, and Performance Bond) 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 XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 6 (Over$20K, but$65K or Less, and Performance Bond) K. 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. CONTRACTOR: CITY OF K!EN�T By: (rat (signature) Print Name: Print m St ette Cooke Its A--�;Z-rj Cr C Its NTa v or / (rtle) DATE: DATE: .......... NOTICES TO BE SENT TO: NOTICES TO BE SENT' TO: CONTRACTOR: CITY OF AGENT: Steve Sorensen Ben Levenhagen NETServices, LLC 13010 IV�' Avenue NE City of Kent Marysville, WA 98271-6751 220 Fourth Avenue South Kent, WA 98032 (425) 422-4060 or (888) 365-6387 (telephone) (253) 508-9548 or (360) 651-1956 (facsimile) (253) 856-5133 (telephone) (253) 856-6120 (facsimile) ............ AP PR VED AS TO FORM: 41 KerJt LaO Department PUBLIC WORKS AGREEMENT - 7 (Over$20K, but$65K or Less, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: /` /�� Mre- eA, 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 NETServices PROPOSAL 13010 11th Avenue NE Tulalip, WA 98271-6751 DATE Proposal No. 3/6/2017 6640 Ship To City Of Kent Parks& Rec Memorial Park Ben Levenhagen 850 Central ave N 220 4th Avenue South Kent, WA 98032 Kent,WA 98032 ATT: REP PROJECT TERMS OTHER DN 50%Dep.-Bal. On Completion Expires WO Days ITEM CITY DESCRIPTION UNIT TOTAL 6640 1 Demo and dispose t exisiting wood pole;Furnish and install 3 new poles 40'AGL,all new hardware,wire LS 33,500.00T and netting per enclosed specifications and general conditions which are part of this proposal MISC GC I Performance Bond add 3% 1,348.05.1- SHIPPI... Shipping-i.fL:Materials 350.O0T M1SC GC 'CMP liner for hole stabilization if needed,overboring and install-ADD S7000 7,000.001 All material to be as specified,and/or the above work to be performed in accordance with drawings and specifications submitted for above work and completed in a substantial workmanlike manner.Any alteration or deviation from the scope of work described and/or related drawings& specifications involving extra costs will be executed only upon written change order,and will become an extra charge over and above the estimate. All agreements contigent upon strikes,accidents,or any other reasonably unforseeable delay beyond our control. Thank you for the opportunity to offer our services. Respectfully submitted- Dan R. Nunn Sub-Total $42,198.05 ACCEPTANCE OF PROPOSAL The above prices,specifications,and conditions are satisfactory and are hereby accepted. Sales Tax (10.0%) $4,219.80 You are authorized to do the work as specified. Payments will be made as per above terms. Authorized Signature Date TOTAL $46,417.85 Phone# Fax# E-mail Web Site 888-365-6387 (360)651-1956 dnunn@NETServicesUS.com www.NETServicesUS.com A%: ROC216163 CA:920736 FL: 1519578 1 NV:0071426 OR: 185087 UT:7748726 WA:NETSEL'964CP NETServices SPORT/BARRIER/PROTECTIVE. Specializing in Custom Netting Installation& Maintenance www.NETServicesUS.com 13010 11"'Avenue NE Tulalip, WA 98271-6751 03/10/2017 City of Kent Memorial Park Attn: Ben Levenhagen 850 Central Ave N Kent, WA 98032 Re: Pole Replacement and Barrier Netting Installation Mr. Levenhagen, Please accept our proposal for pole replacement and netting installation at your facility. Bid, scope of work,and specifications enclosed for the options discussed. I have also included references and other materials to help with a thorough evaluation of our services. QUALIFICATIONS: NETServices is a professional sport, barrier, and safety netting installation contractor providing services and installation nationally. Our experience allows us to have a thorough and complete understanding of the scope involved with this project and very accurate pricing,giving you the confidence our phase will run smoothly and reducing the risk of misunderstandings or change orders. Some of our clients include several Big League Dreams, Foothills College, University of Tampa, Waste Management, Republic Services, Dallas Cowboys, Cannon AFB, City of Tacoma,City of Seattle, City of Walla Walla, Port of Seattle, Department of Defense including Altus AFB, Sheppard AFB, Miramar. Some of our qualifications: • NETServices specializes specifically in Sport and Safety Netting systems and the unique nature of the work,this is not an ancillary trade for us. • Over 20 years of experience in netting systems of this size and scope with$5 million in general liability. • Successful completion numerous netting systems at sport related facilities(reference letters enclosed). • Steel Pole fabricator with over 1,000 Sport& Barrier Netting Systems installed in North America without a single structural failure. Fabricator carries$10 million in product liability. • Design and Engineering performed by licensed and insured engineers specializing in sport netting systems. Both design engineer and engineer of record carry $1,000,000 professional liability. • Production and quality that is second to none • Our ability to work with Owners, Architects, Engineers, General Contractors and other subcontractors on site through all phases means one less thing for you to wont' about. Our goal is to help your project go smoothly and contribute towards its successful completion on time and at or under budget. Thanks again for your consideration and I look forward to hopefully working with you on this project. At NETServices we believe that quality,blended with excellent service, is the foundation for a successful business and you can be assured of the highest quality workmanship along with a professional installation. Sincerely, Dan Nunn—President NETServices dnunn@netservicesus.com Phone: 888-365-NETS(6387) ■ Fax:(360)651-1956 ■ E-mail: support@net-services.us ■ www.NE'I'ServicesUS.com AZ: ROC216163 CA:920736 FL:CGC1519578 LA:54909 NV: 0071426 OR: 185087 WA: NETSEL*964CP UT: 7748726-5501 N ETServices SPORT/BARRIER!PROTECTIVE Specializing in Custom Netting Installation & Maintenance www.NETServicesUS.com 13010 /11 Avenue NE Tulalip, WA 98271-6751 PROJECT: City of Kent — Memorial Park 2017/03/10 Protective Netting Barrier, Kent WA Per Proposal # 6640 Material and installation specification (page I of 1): Scope: Demo and dispose of 1 existing pole; Furnish and Install Baseball barrier netting system; Installation if all new wood support poles, hardware,wire,and netting; System 40' Above Grade using 3 each wood poles spaced 75' +/- O.C.;Tie into 2 existing poles for a total of 300 LF and 10,500 SF of netting; Pole specifications below Includes all material, labor,expenses,shipping,equipment and two mobilizations/demobilizations. Netting: #36 x 1-3/4"Barrier Netting; 100%DuPont Type 66-728 Knotted Nylon 381 lb per strand break strength. Dyed Black, Stabilized,and bonded for UV and weather resistance. Rope borders around entire perimeter,weighted lead line on bottom. Rope/Twine: 5/16"Twisted Nylon Rope for netting borders/perimeters&vertical rib lines on all poles 3,600 lb break strength; #24 Twisted Nylon Twine 100%DuPont Type 66-728 Nylon-Tarred,stabilized,and bonded for UV and weather resistance. Sewn to netting w/ '/2 and clove hitch 6"O.C.and not to exceed 8"O.C.. Hardware/Wire: 5/16" Electro-Galvanized Snap Hooks for attaching netting panels to top wires 30"O.C.; 5/16" EHS(Extra High Strength) Ix7 guy strand wire top/bottom wires, ''/4" EHS(Extra High Strength) Ix7 guy strand wire vertical wires on poles with 6,650 lb break strength;Preformed grips, utility standard,used to form all eyes. Pole line Hardware: All pole line hardware meets ANSI Standards and is RUS Listed. Supplied by Chance/Hubble. Sized Typ.5/8" Bolts and Fittings; All bolts are through bolt;all hardware is galvanized and rated;All cable attachment points using thimble eye type hardware to minimize pinching and/or kinking of cable. End/Termination and Corner Poles: 5/8"DAFTB (Double Arming Full Thread Bolt)with thimble eye nut; Top&Bottom with Angle Thimble Eye behind standard thimble eye fitting top and bottom for attachment of vertical wires;Angle Eye outside of pole tops for down guys;Square curved and spring locking washers typical each side of fitting/bolt. Mid Span Poles: 5/8" DAFTB(Double Arming Full Thread Bolt)Top& Bottom with 3-Bolt Suspension clamps;vertical support roller behind clamp on top and bottom for attachment of vertical wires; 1-Bolt Clamp at center fittings behind 3-bolt clamp for securing vertical wire; Square curved and spring locking washers typical each side of fitting/bolt. Poles: 3 each 40' Above Grade+ I I' Embedment Class Il Southern Yellow Pine Wood Pole; full length CCA pressure treated to a final net retention of 0.459 per cubic foot.Plant inspection and conforming to ANSI 05.1 2002 and AWPA 2003 specifications. Use 30" Bore and backfill with 5/8"crushed rock. Phone: 888-365-NETS(6387) ■ Fax: (360)651-1956 ■ E-mail: support@net-services.us ■ www.NETServicesUS.com AZ: ROC216163 CA:920736 FL:CGC1519578 LA: 54909 NV:0071426 OR: 185087 WA: NETSEL*964CP UT: 7748726-5501 WO7SMa:1-JOS13.fMMM saadS loJauaO J91JJ09 6w41aN Ot7-OZ AluO 6uiMDJQ aA140}uasaJdad - 3ly0S OJ- lON :31ON oo SGOIAJGS1�3N _____ -____ _-____D_ -___A______________ I / -0M P�+IS ^9 SH3 V/I 1 / 1 ZI � Sl � 00000 � o0000 � / I ZI � ZI I 1 , I , I I 1 I I / 1 I / 1 1 / A{quuaay -41-V 91JP3 ,ZL Y -PH OI 1 I / I I Puapoap An 91/S 9l / I I I PI-4-0 An N—OW 11/1 , I / alruAj unuuVV .91/E I I / DMa 61-L VSH AM ,91/f I / dIJ9 P—_i-Ad -AM f/l 2l I / , I / aAA\Pkm4S SH3 ..11/1 4+9 P-3-a+d "Al39 .91/S I I I / I / 1 1 / P-4S SH3 -AID ,t,/1 01 1 I I I I / "4S SH3 'AM ,91/S O6 I I r I I / r +alldil IJoddng la24+aA B/S �13 wmuadsS tpe-I .8/S OL 1 I , I / d-ID uwu.4" Ilo9-C .8/9 O9 I a?M Pm+IS An SH3 , I I aA3 aIWWl a16uY ,8/L I^N aR3 al0a?ul I I JaVaoM 47o3 6u1+d5 9/5 JaVeay, Panm3 aJon05 .9/5 _ _ _ _ __ _ _____ aaq P�IDJIS '1n9 SH3 .�/I IMB Paa+41 II^j �++Y al9^a0 ,B/S OI 21 O 0OOOO OOOOO Why DuPont(l 66-728 Nylon Netting Is Better Type 66 Nylon To The Chart for Strength Retention in UV Exposure: Raw(not dyed riot bonded not stabiluzed)type 66-728,nylon tops the chart far strength retention after 9 months exposure in Florida Simply put, when raw natural coloured fibers were tested for 9 months of exposure in Florida SUnlight, the DuPont®R type 66-728 nylon retained the highest percentage of strength when compared to type 6 nrylon, polyester, and polypropylene The resistance to UV exposure and weathering increases substantially as UV stabilizers, dye-stuffs and bonding agents are added in the manufacturing process Starting with the right raw material is key in getting long life and durability, of SOV % GOV, Strength 40- 0 Retained luii Type 66 Type 6 Polyester Propylene Material Type Asphalt Treatment Netting & Wind Shear Developed for the tOLJ:gh Pacific Coast commercial An Important factor to consider when purchasing any range netting is fisheries this treatment has been Used for the past wdind shear. Nylon arid polyester fibers tend to have less wind shear 80 years When continuous fishing In the salty waters than propylene's due to the simple ability to twist or braid the fibers in of the Pacific Ocean for wild salrion demanded a a tighter:;Onf1gLJ ration while maintaining strength,We offer ,. 12 #15 tough, long lasting treatment, q"ie"dyed black & #18 436,, & 472 twines all of which range from 6%to 101% shear Be tarred netting was the solution The process starts, sure to check this factor as it Impacts any structure put up 4o by dying the nylon netting with the UV stable black suspend the range netting from dye stuffs. The web then passes 5IOWly thrOUgh the Accelerated weather testing asphalt mixture,which doesn't Just coat the nylon but penetrates and adheres to every fiber This Our chosen Manufacturer,. Darnond Nets has lirivesled thousands process gives ultinnate layers of protection from of hours and considerable capital in accelerated weather testing for damaging UV rays and weathering giving your some of the toughest Florida conditions All weather tests were done nettling the best chance of suavivali In whatever by an independent company to assure non-bias rP-SUItS On cur#18 climate Your In (wine, 1 C year warranty golf and barrier web Effects of Florida Sunlight/UV on DuPont@ Nylon Netting Picture above was taken After 6 years,of sunlight After 8.5 years of sunlight After 11 years of sunlight when netting was new. exposure in Florida. exposure in Florida. exposure in Florida. Netting at 100%of strength Retains 94.5% of strength Retains 80% of strength Retains 75% of strength NETServices: www.NETServices US.Com - 888-365-NETS (6387) DuPont® Nylon Twine Strength Information and Specifications Proudly Made in USA Type 66-728 Knotted DuPont® Nylon, Dyed Black and Bonded, UV Stabilized, Used in DuPont® Nylon Impact and Barrier Netting. Available Twine Thicknesses: #15, #18, #21,#36, #72 Available Mesh Sizes (sq. measurement): 3/4", 1", 1-3/4" Twine Breaking Strength: Note: The breaking strength per twine measures the amount of weight needed to break the DuPont®nylon twine completely. The mesh-burst strength indicates the amount of weight necessary to break through all 4 twines per mesh in our DuPont®nylon impact net.' #16: 144 lb./twine, 576 lb./mesh #18: 191 lb./twine, 764 lb./mesh —(10 Year Manufacturers) #21: 241 lb./twine, 964 lb./mesh #36: 381 lb./twine, 1524 lb./mesh —(6 Year Manufacturers) #72: 740 lb./twine, 2960 lb./mesh `see"Twine Size Comparison Chart"to see how 66-728 compares to other netting materials. Chemical Composition: Type 6 DuPont®nylon and type 66-728 DuPont®nylon do not have identical chemical compositions_. They are made from different ingredients (type 6 caprolactam; type 66-728 hexamethylene diamine and adipic acid). They also differ structurally; that is, in the way the polymer chains are able to align and bond together. Type 66-728 has twice the number of sites available for hydrogen bonding between polymer chains. Benefit: Type 66-728 has a tighter molecular structure with more hydrogen bonding providing better resistance to wear, while enhancing our DuPont®nylon impact net resilience. Density/Hardness: The measured densities (weight per volume) of type 66-728 and type 6 are the same, but type 66-728 is more crystal- line. Benefit: The more crystalline structure of type 66-728 helps the fibers retain shape better and provide enhanced resilience. Melting Point: Type 66-728 melts at 260°C, and type 6 melts at 220°C. Benefit: Nylon is resistant to damage and heat due to friction. Type 66-728 has the highest melting point due to its mo- lecular structure. Colorfastness: A key component of dye lightfastness is the type of dye chosen. The dye diffusion rate for type 66-728 is not as fast as for type 6. Even though it is more difficult to dye type 66-728, this is advantageous because it is also more difficult to re- move dye. Consequently, type 66-728 is inherently more lightfast than type 6. Type 66-728 is also more resilient to the diffusion of other molecules through the fiber, like ozone and nitrous oxide, which can harm the fiber or dye. Benefit: Type 66-728 will be more resistant to fading due to sunlight or atmospheric contaminants. NETServices: www.NETServices US.com -888-365-NETS (6387) Netting Strength Comparison NETServices features the highest quality "Made in USA" DuPontil Type 66-728 Nylon. When comparing twine strength of equal sized twine of different material types:, the choice becomes clear. Larger twine size does not always equal greater strength. DuPont@ Type 66-728 Type 6 Nylon Other Numbers&De- Nylon (what most all other Poly-E or HDPE Standard scriptions Used for the (what NETServices uses netting companies sell (High Density Poly-E) US Size Same Size Material exclusively) as their top nylon Breaking:Strength per (mm is diameter in milli- Breaking Strength per product) material twine in Lbs. meters) material twine in Lbs. Breaking Strength per material twine in Lbs. #12 1.7mm 116 75 67 #1500* #15 1 8mm 144 105 78 #18 1,9mirn 191 130 98 #2100* #21 2.Omm 241 185 128 N21 #24 2.1mm 286 220 147 #30 2.3mm 334 245 167 #36 i5mm 381 280 188 N36 NOTE:This material is #4000* actually stronger than #,42 Type 6 Nylon that nearly all other companies market. #42 2.7mm 407 315 220 #48 2.8mm 480 378 #60 3.Omm 619 495 #72 3.5mm 740 1 570 1 #84 4.0mrin 768 675 As noted above and as you have probably found the sarne size netting can have different narnes from various manufacturers and Importers Sometimes the name can even inipdy that the nelftlng is a larger size than it is As an exampile, one could reasonably come to the conclusion that what sorne companies call#15010 would equate to standard US size#15 when in fact it s only equall to a#12 or that#2 100 would equate to standard US size #21 rather than,ft 18 and so forth NETServices: www.NETServices US.corn - 888-365-NETS (6387) DIAMOND moviactuen timied Warranty NETS INC. DNI(Diamond Nets Inc.)makes the following Express Limited Warranty for 918 x 1"(191 lb/twine),dyed black and tarred Golf Range Netting: All workmanship of this product will be full repaired or replaced by DNI for a period of up to and including ten (10)years for#18(1.9mm)from the date of purchase. The netting component will be fully repaired or replaced by DNI for a period of five(5)years and pro-rated up to period of ten(10)years for#18 x I-.The pro-rating percentages are as listed: 918 5 years and I day to 6 years 80%of purchase price 6 years and I day to 7 years 60%of purchase price 7 years and I day to 8 years 40%of purchase price 8 years and I day to 9 years 20%of purchase price 9 years and I day to 10 years 10%of purchase price This warranty applies to damage as a result of material or workmanship of this product under normal use. Such damage includes textile defects,material breakdowns,cracks,or damage caused by ultraviolet exposure. This warranty applies only if the product was properly assembled, installed and maintained in accordance with the manufacturer's instructions,and at all times used for the particular purpose it was intended. This warranty does not cover acts of nature or vandalism,and is granted only to the original purchaser of the product. PURCHASER OBLIGATION TO RECOVER UNDER THIS WARRANTY I. Photographs must be taken during or immediately after completed installation of netting. Photographs of each panel(between poles)of golf netting including close up photos of netting attachment points at each pole.These photographs must be supplies to Diamond Nets Inc.within 30 days after installation is complete. 2. Properly install and maintain the product in accordance with the pre-installation instructions of the manufacturer. 3. If there is damage to the product,mail notification of damage to Diamond Nets Inc. Include product purchase date,photographs of the damage and a statement by the purchaser of the damage and cause of damage. 4. Allow the manufacturer to inspect the product in its damaged state,as installed by the purchaser. Limitations of warranty,liability and damages The foregoing express limited warranty is in lieu of all other warranties.including any implied warranty of merchant ability and any implied warranty of fitness for a particular purpose,which are hereby disclaimed by the manufacturer,to the extent and state does not allow the disclaimer of and implied warranty of merchant ability or an implied warranty for fitness for a particular purpose,any such warranties are hereby limited in durationto the above warranty period ror the express limited warranty given herein The manufacturer shall not be subject to any other obligations or liabilities whatsoever with respect to this product.under no circumstances shall the manufacturer be liable for am consequential or other damages,expenses,losses.or delays.however caused,The right to the repair or replacement of the product as provided in this warranty shall constitute the sole and exclusive remedy of the purchaser No representative of the manufacturer has the authority to make or imply any representation.promise or agreement that in any way varies the terms of this express limited warranty NETServices SPORT/BARRIER/PROTECT iVE Specializing in Custom Netting Installation& Maintenance www.NETServicesUS.com 13010 1I'h Avenue NE- Tulalip, WA 98271-6751 GENERAL CONDITIONS OF THIS PROPOSAL NETServices,LLC.—dba NETServices proposal is based on the following conditions,wherever applicable,and for which no cost or provision has been made in the attached proposal.This proposal is made for provision by NETServices of certain construction services(the"work")to the recipient of this proposal. These conditions shall be specifically included in any contract for which this proposal is accepted,whether by specific reference or by inclusion as an exhibit to that contract.Proposal is contingent on physical site inspection included in proposal.Alteration to the terms of this proposal,and/or the conditions outlined below are binding on NETServices only if such alteration is specifically agreed to by NETServices in writing.An Officer of NETServices must approve any modifications. 1. Conflicting Terms Favors This Proposal.Should any conflict arise between these conditions,and those included in any contract issued for the work,the substance of NETServices' proposal and these conditions shall supersede any description of the work to be performed or condition included in such contract. 2. Proposal Valid 30 Days.This proposal is valid for 30 days from the date of its issuance,and shall expire and be of no effect after such time. Acceptance of NETServices'proposal shall create a contract between NETServices and the accepting party,for which these conditions shall serve,absent mutually negotiated alteration acknowledged in writing,as the basis for the agreement. 3. Payment in U.S Funds.This proposal is made based on payment to NETServices as outlined below,in current United States Funds.Unless otherwise stated in the proposal,all local,state and federal taxes,wherever applicable,including sales or use taxes,are excluded from the proposal.NETServices does not accept responsibility for liquidated damages.No payment may be withheld due to missing documentation without advising NETServices 5 days prior to scheduled payment date. 4. One Continuous Operation.This proposal is based on NETServices performing the work in one continuous,uninterrupted operation.This proposal is based on NETServices making one mobilization and one demobilization only for the work,unless specifically noted otherwise. 5. Payment Terms. Unless otherwise mutually negotiated and agreed NETServices will be paid 50%of total contract price upon acceptance of proposal for deposit.NETServices shall then provide a Schedule of Values in AIA format if requested and make application monthly for progress payments based upon the percentage of completion of work,which shall be deemed to include both all work accomplished on the project site,as well as off-site fabrication,delivered materials,and off-site materials purchased for the work,completed or stored during the billing month. Final payment,including the release of any and all retainage shall be made to NETServices upon substantial completion of the work.Should legal action be required to enforce payment the client agrees to reimburse NFTServices for all costs including attorney fees. Delinquent accounts will accrue interest at the highest allowable legal rate. 6. Indemnity.NETServices agrees to defend and hold the recipient of this proposal harmless,if that person or entity is the contracting party with whom NETServices contracts for the work proposed herein,for all acts of NETServices which harm third parties,only to the extent of NETServices negligence for such acts.The extent to which NETServices will provide such indemnity is the same,whether such negligence is solely or comparatively that of NETServices. 7. Hazardous Materials.NETServices excludes from this proposal the costs and responsibility for the identification or removal,abatement or rehabilitation of hazardous waste. Further,NETServices includes no costs in this proposal for any hazardous waste training of its personnel. 8. Obstructions. Unless otherwise specifically addressed,this proposal makes no allowances for the costs of removal of`obstructions". For purposes of this proposal or contract,"obstructions"is defined as:"Any material which cannot be drilled with a conventional earth auger and/or under reaming tool and which requires the use of special rock augers,core barrels,air tools,blasting and/or other methods of hand excavation. All earth seams,rock fragments and voids included in the rock excavation area will be considered rock for the full volume of the shaft from initial contact with the obstructive material,for the purposes of both mensuration and calculating the payment due for material's removal." Obstructions shall also include any trees,brush,or shrub that must be removed for which NE:1'Services makes no allowance for and is the responsibility ofothers. 9. Back Charges.All back charges to NETServices under this agreement must be presented and signed for daily by an authorized representative of NETServices. 10. Additional Work.Unless otherwise agreed,all work additional to that included in this proposal will be performed by NETServices on a"time and materials"basis.NETServices will present a Field Work Report,itemizing the labor,equipment,materials,and subcontractors used to perform the additional work.The Field Work Report will be presented daily as soon as practicable after the additional work is completed. Signature by the owner/contractor to the Field Work Report indicates agreement that the quantities of added labor,materials,equipment and any subcontractors if used,on the date(s)indicated.NEI`Services standard rates for equipment and labor that applies to extra work are available on request. Phone: 888-365-NETS(6387) ■ Fax: (360)651-1956 ■ E-mail:support@net-services.us ■ www.NETServicesUS.com AZ: ROC216163 CA: 920736 FL:CGC 1519578 LA: 54909 NV: 0071426 OR: 185087 WA:NETSEL"964CP UT: 7748726-5501 NETServices SPORTI BARRIER/PROTECTIVE Specializing in Custom Nelling Installation & Maintenance www.NETServicesUS.com 13010 1/''Avenue NE- Tulalip, WA 98271-6751 GENERAL CONDITIONS(cont....) 11. Differing Site Conditions. In the event actual conditions on the project site differ from either:a)the document provided to NETServices upon which this proposal is based;or b)those conditions ordinarily and generally recognized as inherent in work of the character contemplated by this proposal,NETServices shall be entitled to an appropriate adjustment in the pricing included in this proposal,and the time allotted for NETServices work. 12. Existing Utilities.Unless otherwise agreed,NETServices excludes any responsibility for the location of,permanent or temporary relocation of, protection of,or damage to existing utilities on or adjacent to the project site,whether above or below ground."Utilities"include,but are not limited to,piping,ducts,or cabling associated with water,gas,oil,sewer,drain,electrical,steam,telecommunications,septic,sprinklers, irrigation,or hydraulic systems.Interference to NETServices work caused by existing utilities is to be considered"differing site conditions", for which NETServices will receive appropriate compensation. 13. Access.This proposal assumes that adequate and unobstructed access will be provided for all equipment,diggers,booms,cranes,trucks,self- un-loaders delivering pole or materials,and concrete trucks,moving under their own power to and on the project site.All access for operations associated with NETServices work will be established and maintained by others.Such access includes,but is not limited to, furnishing and placing of surfacing materials,acceptable ramps allowing access to excavations,and excavation"benches". 14. Spoil and Excess Materials.This proposal makes no allowance for the removal,stockpiling,redistribution,or handling of the spoil,excess soil or debris resulting in NETServices work.Removal and disposal of all NETServices placed materials is by others. 15. Hole Stabilization and Dewateriu&This proposal make no allowance for hole stabilization techniques or dewatering if required. 1 f either of the above is required NETServices shall be entitled to an appropriate adjustment in the pricing included in this proposal,and the time allotted for NETServices work. 16. Surface Protection. Drilling and/or lift equipment is cumbersome and heavy.NETServices or its subcontractors are not responsible for removal, damage to,or restoration of,landscaping and/or grass,sidewalks,curbs,asphalt,concrete,pipes,septic,or irrigation. 17. Schedule and Completion of Work.Schedule and completion of work dependant on reasonable and safe operating ground,weather/wind conditions as determined by NETServices.While NETServices will make every effort to schedule above work on a weather permitting basis, any and all additional expenses incurred due to factors beyond NETServices control,reasonably unforeseeable,or outside of scope will result in additional charges and be executed via written change order. 18. Traffic Control and Services.This proposal makes no allowance for traffic control, flagging or road closures as may be necessary for NETServices' work. Electrical power,sanitation facilities,street cleaning and water in sufficient quantities,are to be provided by others at no cost to NETServices. Water is to be located within the confines of the project and no more than 150' from the work and delivered timely so as not to delay NETServices.Water quantity shall be equivalent to 1-1/2"pipe at full pressure.Such services are to be provided by others at no cost to NETServices in a manner that facilitates and does not interfere with NETServices work. 19. Permits.This proposal includes neither the costs of nor labor to procure any permit,license,agreement,easement,or other necessary permission to allow for NETServices'work.Unless otherwise negotiated and mutually agreed,procurement of such items is the responsibility of others, including street use permits and water meters. 20. Special Services.Any required inspections,surveys,monitoring,engineering,materials testing,staking,certification of elevation of equipment installed,as built drawings or reports will be the responsibilities of others or by change order to this contract. 21. Bonds.Unless otherwise agreed,this proposal excludes the provision of a performance or payment bond.If required,NETServices will be reimbursed for any associated fees at our current bond rate which is 2.5%. 22. Insurance.This proposal includes provision by NETServices of standard comprehensive liability,completed products,and automobile insurance,in the amounts of$I,000,000 per occurrence,$2,000,000 aggregate with a$3,000,000 Umbrella.NETServices shall be reimbursed if required to provide coverage in excess or in addition to the above.NETServices Workers Compensation insurance is state funded by the State of Washington.This coverage is accepted by most states that have a reciprocating agreement with the State of Washington and NETServices workers are covered in any state.If NETServices is required to obtain additional Workers Compensation insurance in the state the work is to be performed,any premiums and appropriate compensation for procurement will be reimbursed to NETServices. 23. Settlement of soils.NETServices is not responsible for any settlement of soils,or any damage that results from such settlement resultant of NETServices work,unless such damage results from the sole negligence of NETServices.This includes but is not limited to any damage to any structure or improvement caused by vibration of the machinery or the movement of equipment. Page 2 of 2 Phone: 888-365-NETS(6387) ■ Fax:(360)651-1956 ■ E-mail: support@net-services.us ■ www.NETServicesUS.com AZ: ROC216163 CA:920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR: 185087 WA: NETSEL*964CP UT: 7748726-5501 N ETServices SPORT/BARRIER/PROTECTIVE Specializing in Custom Netting Installation& Maintenance www.NETServicesUS.com 13010/Ph Avenue NE-Tulalip, WA 98271-6751 A representative listing of completed jobs by NETServices Big League Dreams Sports Park Completed: 10/2009 Las Vegas,NV Total Contract: $975,000 Roche Constructors, Inc. -GC Installation of 181 steel poles and netting 70', Mr. Doug Olson—Senior Project Mng. 35',and 20' above grade for barriers at large Las Vegas,NV 89117 sports complex. 702-252-3611 Bit League Dreams Sports Park Completed:02/2008 Mansfield,TX Total Contract: $660,000 Pete Durant& Associates -GC Installation of 96 steel poles and netting 60' Mr. Darrell Durant- President above grade for barriers at large sports complex. Mansfield, TX 76063 817-439-3213 Dallas Cowboys Stadium Completed: 09/2009 Manhattan Construction- GC Total Contract: $426,000 Mr. Mark Hickman—Spec. Project Manager Installation of Scrim and Bird Netting on Center Arlington,TX 76011 Hung Scoreboard. 817-524-0400 ONEOK Field—Tulsa Drillers Completed: 03/2011 Manhattan Construction—GC Total Contract: $111,000 Bob Jack— Sr. Vice President-Tulsa Division Installation of 1 10' H x 160 LF Baseball Barrier Tulsa, OK Netting System. 918-583-6900 Kishwaukee College Completed 05/2013 Lindsey Peckinpaugh— PM/Architect Total Contract: $350,000 Malta, IL Installation of 120' H x 400 LF Baseball Barrier 312-327-5158 Netting System. Altus AFB Completed 12/201 1 GC—Choctaw Contractors Total Contract: $122,000 Wichita Falls,TX Furnish and Install 166,000 SF of Bird Netting 940-704-5637 and attachments to hanger interior. Nellis AFB Completed 04/2012 GC—Jaynes Corporation Total Contract: $29,850 Mr. Bob Huse Furnish and install 28,000 SF of Bird Netting and North Las Vegas, NV attachments to interior of new F 16 Hanger. 702-279-8575 Phone: 888-365-NETS(6387) ■ Fax: (360)651-1956 ■ E-mail: support@net-services.us ■ www.NETServicesUS.com AZ: ROC216163 CA:920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR: 185087 WA:NETSEL*964CP UT: 7748726-5501 NETServices SPORT i BARRIER/PROTECTIVE Specializing in Custom Netting Installation& Maintenance www.NETServicesUS.com 13010 11'Avenue NE Tulalip. WA 98271-6751 A representative listing of completed lobs by NETservices OKI Development Group PING Golf Test Facility The Golf Club at Newcastle, Indian Summer, Mr. Ken Kays—Plant Facilities Manager Echo Falls Golf&Country Club,& Hawks Prairie Phoenix, AZ 85029 Mr. Glenn Hirai—Facilities Manager (602)687-5590 Snohomish, WA 98296 (425)646-6919 Dallas Cowboys Stadium Big League Dreams Sports Park Manhattan Construction—GC Pete Durant&Associates -GC Mr. Mark Hickman—Project Manager Mr. Darrell Durant- President Arlington,TX Mansfield, TX 76063 817-524-0400 817-439-3213 City of Everett Parks Big League Dreams Sports Park Legion Park Roche Constructors, Inc. - GC Mr. Russell Dance- Director Mr. Doug Olson Everett, WA Las Vegas,NV 425-257-7335 702-252-3611 City of Seattle Parks Waste Management of Northern Texas Georgetown Playfield, Lower Woodland Park Walter Hunt—Regional Director & Bobby Morris Playfield Ferris,TX Mr.Ted Holden—Parks Director 972-842-5892 Seattle, WA 206-684-7021 Garden Valley Golf Club Three Rivers Park District Rob Shields Eagle Lake Golf Course Lindale,TX Mr. William Vollebrecht 903-882-6100 Plymouth, MN 55442 763-694-7820 City of Renton Broadmoore Golf Club Maplewood Golf Course Driving Range Brent Kruger —General Manager Kelly Beymer Oklahoma City, OK Renton, WA 405-740-01 12 425-430-6803 Tacoma Firs Golf- Driving Range Kemper Sports Management Mike Givens—Owner Chicago Parks & Rec/Diversey Driving Range Tacoma, WA Mr.Chris Patterson- Manager 253-472-6899 Chicago, IL 60657 (312)742-7930 City of Tacoma City of Phoenix Point Defiance Zoo and Aquarium Civic Space Center Stan Chapin- Director Ed Lebow—City Art Director Tacoma, WA 98407 Phoenix, AZ (253)404-3802 602-495-0197 Phone: 888-365-NETS(6387) ■ Fax: (360)651-1956 ■ E-mail: support@net-services.us ■ www.NEI'ServicesUS.com AZ: ROC216163 CA:920736 FL:CGC1519578 LA: 54909 NV:0071426 OR: 185087 WA:NETSEL*964CP UT: 7748726-5501 NETServices SPORT/BARRIER/PROTECTIVE Specializing in Custom Netting Installation& Maintenance www.NETServicesUS.com 13010 1/'Avenue NE-Tulalip, WA 98271-6751 NETSerViCeS —Key Personnel Daniel Nunn Founder/Managing Member 24 years experience in Netting Construction, Project Management,Business Management,and Production/Construction Scheduling. Terri Nunn Managing Member 21 years experience in Construction and Property Management,Book Keeping, Accounts Manager Administrative Support,and Customer Service. Steve Sorensen Assistant Project Manager 8 years experience in Netting Installation,Project Management Rebekah Kendall Project Coordinator 5 years experience in Project Coordination,Office Administration,Expediting Dane McConnachie Foreman/Chief Driller 15 years experience in Netting Installation and Construction Supervision All of NETServices crew are OSHA 10 Certified and hold current CPR and First Aid Cards. NETServices is registered with SBA as disadvantaged business and certified by CC&R Project Management Approach: While there are really only two distinguishable phases of a project of this scope,we believe it is critical to provide detailed planning of each day in order to maintain production,safety,and control the budget.We take the same approach as on larger projects when it comes to scheduling and planning the work,only rather than broken down by months or years,we will break it down by day and hour. Each portion:site layout,demo,drilling and erecting,placement of concrete,hardware and wire,netting,cleanup and closeout are all approached with a written daily and at times hourly schedule that is communicated among all team member.Communication with all team members and Owner will be considered a critical part of the projects successful completion. All Personnel anticipated for this project have a long service history with NETServices and will be available throughout the project.Quality control methods consist of a system of checks and balances from fabrication through installation with identifiable and written control points with corrective action if required. Trade References — NETServices Coastal Steel Pole Company 2933 16h Street Bakersfield, CA 93301 Ken Jones—Owner 661-631-1582 Diamond Nets, INC. 1064 East Pole Road Everson, WA 98247 John Neil—President 888-323-9306 Phone: 888-365-NETS(6387) ■ Fax:(360)651-1956 ■ E-mail:support@net-services.us ■ www.NETServicesUS.com AZ: ROC216163 CA:920736 FL:CGC1519578 LA: 54909 NV:0071426 OR: 185087 WA:NETSEL*964CP UT:7748726-5501 NETServices SPORT i BARRIER i PROTECTIVE Specializing in Custom Netting,Installation& Maintenance www.NETServicesUS.com 13010 11'Avenue NE Tulalip, WA 98271-6751 COMPANY PR OFILE BUSINESS NAME: NETServices, LLC /NETServices US, Inc. 13010 11th Avenue NE Marysville, WA 98271-6751 Phone: (888) 365-6387 Fax (360) 651-1956 Internet: www.NETServicesUS.com TYPE OF BUSINESS: Limited Liability Company — LLC /Corporation CA NETServices is a professional netting installation contractor specializing in design, installation, repair, and replacement of protective and barrier netting systems for golf courses, driving ranges, baseball fields & batting cages, soccer/lacrosse arenas, ponds, bird netting, and landfill containment. MANAGING MEMBERS: Terri Nunn —Chairman and VP/ Daniel R. Nunn - President UBI. 602-348-794 EIN: 57-1195078 LICENSE: NETSEL*964CP(WA) — ROC216163(AZ)—0071426(NV)—920736(CA)- 185087 (OR) CGC l 519578(FL)— 54909(LA)—7748726-5501(UT) Registered Foreign Corporation in: TX, ID, MI, MD, Rl, PA, MN, SD, UT, NM, KY, GA, OH, IL, NY, NJ, CT, MO, VA, SC, WY BOND: 103623362 WORKERS COMP: WA State Funded - Acct# 054, 462-01 BANKING: US Bank - North Marysville Office; PD-WA-3501 Debi Fitzsimmons— Manager 11401 State Avenue - Marysville, WA 98270 (360) 658-3399 INSURANCE: The Hartford Policy # 57 SBA BH8478 Agent: Tia Johnson - lova Insurance, Inc. 12106 20`h St NE Lake Stevens, WA 98258 (866) 244-4682 BONDING: CB&MS —Construction Bonding & Management Services Carrier: Travelers with A+ Rating Mr. Nicholas Fix P.O. Box 75715 / 11050 5'h Avenue NE, Suite 206 Seattle, WA 98125 (206) 36 l-9693 CPA: Moss Adams, LLP Phil Knudson 2707 Colby Ave, Suite 801 Everett, WA 98201-3510 Phone: 888-365-NETS(6387) ■ Fax:(360)651-1956 ■ E-mail: support@net-services.us ■ www.NETServicesUS.com AZ: ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR: 185087 WA:NETSEL'964CP UT: 7748726-5501 Bond No. 106 704 453 KENT PAYMENT AND PERFORMANCE BOND w.S-GTO° TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, NETServices, LLC as Principal, and Travelers Casualty and Surety Company of America a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ 46,417.85 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Memorial Park Protective Netting Barrier #6640 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by PAYMENT AND PERFORMANCE BOND Page 1 of 2 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: NETServices, LLC PRINCIPAL (enter principal's name above) Ile, By: BY: SAeye- TITLE: [?A-A) UUVV -VMA1VAGkAA:, MLM6L-`�— Print Name DATE: 5/15/17 DATE: 5/15/17 By : CORPORATE SEAL: Christine V. Felicetty PRINT NAME Travelers Casualty and Surety DATE: 5/15/17 Company of America SURETY a, " CORPORATE SEAL: BY: Chris A . Fix DATE: 5/15/17 TITLE: -Attorney-i.n-Fact c/o, Cl & MS of WA, INC. ADDRESS: PO Box 75715, Seattle, WA 98175 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY P:1O,IyFar—Cowyacts,Releants%f�(tffoymance.Bcnd.dOc PAYMENT AND PERFORMANCE BOND Page 2 of 2 li w'.treldW't'MW dnNvldmu5'aYIWtl'�UWUM'Im'm��mu'wp'm�n'un 14°p'G?d MiP'utlnUi ¢nGml�nlpupWlMYunduxYd+Yti'in aG"�°Nd,pWa'w'M M,WWNtHtlAVltlpplvAx'J utw.XXv+N'NSNA, '„ rzrru„vmmard ueuu t��':,.wrattnnnnnrmnx�x�NGX�vNa'IXv'ir,;itll^mM%Y:hU titteYlsg4Y ',YR'EIYx AfY fJlYddlp GNU,:YpYIfPY"rMVYWk'JIILAUAiANUNA9F�hAVM�iNu%09Ki7 itnraondue'n�Pr1wNMNIfIY�WdaiM�fYY. WAFSNnE G TMtiS POWER OF A770PNE'Y IS INVALID'u"ddTl-OUT THE RED BORDER PONVE TRAVELERS.1 l«arrlaiuu;;totu C aslaarlly Curnrlaatnp Mt.Paarl ftttrcwrr•p'Irrsarranree Company q idehty and(.uoranty°Irusoraurce Company Travelers Casualty and Surety Company laiddity and GlmrmllY Insurance IlnderNvriters,Inc. Travdcrs Casualty and Surety Company oi"A,merica. St.Patel Fire and Marine fiiso ancv Coanpany United States Fidelit) and GuarantY Company St.Paul Guardian Insurance Company I I Attorney-In Fact No. Certificate No. 007024092 KNOW AI.I, d4Il4N' BY THESE PRESENTS. 'I hoe I aerininooll Caaallah Compmin . St.. Paul Fire ,and Maduc hisurance Cor'nImny, St. 11ald Guardian Insurance Coopaily, Sl, l MI MCI-LWN Insttuaiice Uoau,jmna , d"ra%ekn-, CaasueaBty" and `ini'ely' ("ramparairay�_ I"u'aa cic.t's Caasaaaltt ,old Soret% Colllp7,ana of F"tlncrlcaa,and uniled !hates Fidelity and Gualanly Compalty zinc corpOinliarrhs d1d% olw!auilized nudes- the haws art Ills State oi'C:'onraecticut, that Fidelity :and Guaranty Insurance Company is a corpor'atiou duly oigarlized under dlc' km's of iha•Sl,ale are Iowa.and that pialelily aWd(]uaratnty Insuu-aance IJndcmtttcir5, iS a<'orporation duly ora-allized under the law"of,the Slaw of W'iscoll ill(11CIelrl COIICC'IiY ud) c';ilka d the"Coaip,uaics"),acrid that curet Companies do herehy imike,consutru e and aippoinl Christine V. laelicelty. N. 13. Fix,R. A. Fix,;v1yu110 S, Fi Y Mid Chris A. laix of the City of..._._ St�Ll�%_-_ ....._ Slaw ol`. .. .... .... .�L�]It'1ItW�?.1d __....._ �, _y�,their ritic«and lawful r"lnorney(s)-ill-Fact, each in their separ;ale caapaacify if iilorc°lh.nr m1c,is ruamc d above,to st,n.e CCUIC.Wal and aackuoYwlc(ILe tlny and«ill hoods recoE+nizanccs,conditional undertakino.s and olllar %%litinwp oblayarlon ill the, moure lenient 011 I)LIM l ul ThC ('uruu}aanic, rot 11wir IJUs'nesS of,!naarsliAecirt_? (Ile t'addily=Of'Persons prlm-totecim, the performance of CMII aaCIS,aild cx,ccrilina.or Inialaanicoill, honds omd.tuaa.lc nt,il.ida9,7,s waluiwd or pi,inJuc^d in any actions or proccedings allowed b% hew. 5th IN WITNESS �y'IIG�,IdEC,Yh,rllc°f aaiialrauaies ti.oYe caassw�al thus i0aslrouilacnt to he sati!,ric°c�E and their corporate searls to hi•Ile,reto,aifa,we��a! IEals 3 ._...._.. w_ _-._ _.... daay alf (ycatlhcr 201(� ,( laarutinglon Comlolty Cornpaaaty dS1.Paul Mercury Insuurancu Company Fidelity and Guaranty Inwtn ancr("otupal:l)' Travelers Casualty and Surety Conalauny Fiddity and Goamranty ilisill-ouace Ilridermriters,Inc. TraaNvIcr4 Casualty and Surety Company ofAmerica SI,Pau'l hire;and Marine Insurance Company l,nited:States Fidelity and Guaranty Company St.Paul C;alardian.Insurance Cloopanya a ns r gya3Y r,n „ ©, �w err"{ GSY�Rt e 4 �c l�l�� hhCCYrPdA�.7C✓j� a b �` r � r© � "sHr 'ah1 t�w qwv Darer n;. ta�lirFtrV?G�p< ��ti#4TFba�,a a� r � 1 t4 SE�a.:L os cetn. cxia 186 .ar' ❑ � �� `!ff`��. .. u° d3 v; aSlatt of Cotula a txaalt Cily of I laartford ss. Iterlurn L,Ihancv. i"➢1Crar Vice t'resicicarll Oil this late 25th cI aY of October �td1 fa East nee me person lw appca,ired Robert L.R ancy,Mlo acknoewlCdpcd himself,to lie dlc,;Senior Vice President of f"aritaiup:toll C:anuudty ('aam ,in IIalCIVa quad(ivaeranty hlsanarnCt CvnlgXany,Fidelity and,Guaranty Insuranc'c Uuderwrit rs,tree..,St.P#anal I y Fire and Maarhw, Inset-once Coulpany.,SL PM11(ru;irdi,au iaasaaruaac ('�islap;,tird-58.Fell;"lercury Insuraulc(e ConlIxtlly,'Itst%CICis(-'aasaaadiy and Surely('onlpa:ny,"I'lawaelcrs (a sstlialty and SereVY Company o AmerlCa.amd IJOlileal SUL'F I"id lity mid(in;ark my Compally,nand that lie,ai sudii,d)C".'ii2 aaal.hOl'I9.ed SO to clo.CXCLAHCLI tlae,f0l[Vg allll 1 inslrunlcial for flee purposes itliercin conTained IYw oil hoh:dl of lht:'w(4i`I'itlydalptlVUM h.% fmn1 ctll as a dulW.ullllorizcd officer, rIYW( hel"Cillito c(tiYia f hand aiaae� niraalrytlhfl`i<u;uC,z«al. evwaI :- 5d.ir'ic°t Feucaulh ."sa ian Public 68445-5-15 Printed Rn USA A. WARNING.TMS POWER OF As lCYldNF r IS VtcdVAl.It)WITISCJtJT TFid RCC)E3C7 N7E ry iw'mwi�woaww.umnmmmm�a0NI0VUuuuu ililtlgWliWWYdWtl.m'iih'd'M�Arriw'mdN19WAdYWM,MWNMhNID�IIIAAN@ImIiIfNIXV�GMBiMrlol4'Y�AQhaNW@AYIdipII�iM160Ml@tt11PIf�YAIiVIN�IWANNfv.vdilkVl��wA �v�'Ma it,�ukWntltuv ,,,xh,nu.^rt�sit+',vpu�d/4"�dLRYGWYn h,^In¢a,:M,vdNaG.IrcgYl'9UX 1'�IfYY1Y IY¢ddd.vNYIYAY fGWM'SU�YpdY vnMm.�q rehA X�,divan.�nin�renssdIq�YUW�YWAAUOdUrvW;ydW'y4YJR'WY4bTIXY�WrvMVNY�WWYdU'AplClpf%UICYIVI�HI I.Yltl6N0VW68dY0tl�WA16'➢EItMFHYNIUNYflIIX9JW�aWbhFffWhiB@�Nfd�d6UWI4W61N✓0l WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's sea]bonds,reeognizances,contracts of indemnity and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity.or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President orally Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under sea],if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary.any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents.Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned.Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters.Inc..St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full fierce and effect and has not been revoked. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this 15th day of May 21017 Aii e%r Kevin E.Hughes,Assistant Sec tary Nb�hr1 [� � �y 1866 i 19 B 2�• 0 1977 �..' z; �tttatfaam, ° hq crN- lr 1951 SEAI... �'�,SSA...ii �, '• o 4 �1Sf.... .. d y � . VO To verify the authenticity of this Power of Attorney.call 1-800-421-3980 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. I I I II €II i �I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Page 1of1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 5/10/2017 County Trade Job Classification Wa a Holiday Overtime Note King Fence Erectors Fence Erector $15.18 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.a... 5/10/2017 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. �'►� �� CERTIFICATE OF LIABILITY INSURANCE 5/ i2017YYY' 1 THIS CERTIFICATE 15 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 have ADDITIONAL INSURED provisions or 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 ri hts to the certificate holder in lieu of such endorsements. PRODUCER UUNEIAGI NAM IOVA INSURANCE INC PHONE 866 244-4682 FAX (877)202-4964 12106 20th Street NE E-MAILJAM-N. Cris yc iovainsurance.com Lake Stevens, WA 98258 DURESSINSURERS AFFORDING COVERAGE NAICN License#:709562 Hartford Casualty Ins Co INSURED Netservices LLC INSURER B. Ohio Casualty Ins CO INSURERC Ohio Casualty Ins Co 13010 11th Ave NE INSURER Tulalip, WA 96271 INSURER E 360) 651-1955 1RF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IJM& POLI Y YFY PtOLICY EX QYYYV LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 110 0 000 CLAIMS-MADE lil OCCUR PREMISES rc S 300,000 57SBABH8478 5/14/2017 /14/2018 MEDEXP(Any—person) $ 10,000 A y y PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PR - ROTHER POLICY®JJECT 1:1 LOG PRODUCTS-COMPIOPAGG S 2,000,000 S AUTOMOBILE LIABILITY IN SINGLE LIMIT S r 000 r X ANYAUTO BODILY INJURY(Per person) S OWNED SCHEDULED BA056684367 5/14/2017 /14/2018 AUTOS ar BODILY INJURY(P acrJdent) S AUTOS ONLY HIRED NON-OWNEDPROPERTYDAMAGE-' AUTOS ONLY X AUTOS ONLY S IHAPD X D100 250 S UMBRELLA LIAB X OCCUR 4 000 000 57SBABH8478 5/14/2017 /14/2018 EACH OCCURRENCE S � , A EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,000 DIED I X I RETENTION$10 000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORlPARTNERIEXECUTIVE lam, 57SBABH8478 5/14/2017 /14/2018 E.L.EACH ACCIDENT S 1,000,000 A OFFICERIMEMBER EXCLUDED' X NIA (Mandatory in NH) Stop Gap E.L.DISEASE-EA EMPLOYEE S 1,000,000 If ,dIPTION OF under TI Y LIMIT s 1,000,000 Leased C Inland Marine BM053478454 1/3/2017 /3/2018 ...... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Addibonal Remarks Schedule,may be attachadif more space is required) The City of Kent is named as Additional Insured as their interest may appear in work perforked by the named insured on their behalf per written contract. Coverage is Primary and Non-Contributing. Waiver of Subrogation and Completed Operations applies per form SS0008 04/05. Per Project Aggregate applies per form SSO433 04/05. Excess to follow form with General Liability CERTIFICATE HOLDER CANCELLATION City of Kent 220 4th Ave S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kent WA 98032-5895 THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f ) 0 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD .alG�� CERTIFICATE OF LIABILITY INSURANCE [2/2412017°°IVYYY) is 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(fes) must be endorsed. if SUBROGATION IS WAIVED, subject to the terns 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 endorsementisl. PRODUCER CONTACT IOVA INSURANCE INC PHONE 866 244-4682 N,,(877)202-4964 12106 20th Street NE fl z s c love nsuraace.com Lake Stevens, 98258ADDRESS WSU s AFFORDING COVERAGE NAILS INSURER A License#:709562 Hartford Casualty Ins Co INSURED Netservlces LLC INSURER . Ohio Casualty Ins Co Netservices US Inc INSURER C Oho casualty Ins Co 13010 11th Ave NE INSURER D Tulalip, VA 98271 INSURERF 360 651-1955 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS LS 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. LTR TYPE OF INSURANCE U YEXP LIMITS 2[ COMMERCIAL GENERAL UA81UTY EACH OCCURRENCE f Z 000 000 CLAIMS-MADE OCCUR f 300,000 57SBAIR 8478 5/14/2016 /14/2017 ME°EXP one f 10 000 A Y Y PERSONA-d ADV INJURY f 1,000,000 GEN'L AGGREGATE LIMIT APPUES PER GENERAL AGGREGATE s2,000,000 POLICY a]PRO- JECT EJ LOC -PRODUCTS-COMPfOPAGG f 2,000,000 f AUTOMOBILE LIABILITY f I UUU 1 P ANYAUTO BA056684367 5/14/2016 /14/2017BOOILYINJURY(Perparson) f AU OWrJEO SCHEDULED BODILY INJURY PerBAUTOS AUTOS { 0 f PROPERTY DAMAGF_ HIREDAUTOS Px NON-OWNEDAUTOSHAPD D100 250 f UMBRELLA UAB A EXCESS LIAS OCCUR 57SBMM8478 5/14/2016 /14/2017 EACH OCCURRENCE S 4 CLAIMS-MADE AGGREGATE x I RETENTIONS 10 000 WORKERS COMPENSATION H- AND EMPLOYERS'LIABILITYTr ANY PROPRIETORIPARTNER/EXECUTIVE 57SBAERS478 5/14/2016 /14/2017 1/ ! A OFFICERIMEMBER EXCLUDED? S N!A E.L.EACH ACCIDENT f 0150 (MandabM in NH) Stop Gap E.L.DISEASE-EA EMPLOYEE f Ii d-faibs antler 1,000 1000 Leased & C Inland Marine BHO53478454 1/3/2017 /3/2018 Rented Equip $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Sd*ddle,may be adadlsdd more spmn is rewired) The City of Kent is named as hdditionel Insured as their interest may appear in work perforked by the named insured on their behalf per written contract. Coverage is primary and Non-Contributing. Waiver of Subrogation and Completed Operations applies per form S3000S 04/05. Per Project Aggregate applies per form S30433 04/05. Excess to follow form with General Liability City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 4th Ave S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent, >iPA 98032-5895 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ®1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005,The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension -Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 it BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us"and "our'refer to the stock insurance company member of The Hartford providing this insurance. The word"insured"means any person or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an " INJURY, PROPERTY DAMAGE, PERSONAL occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period;and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury"' "property damage" or "personal and listed under Paragraph 1. of SectionC. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence„ defend the insured against any "suit" or claim, knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or 'personal and advertising injury" to which this insurance knew" prior to the policy period, that the bodily injury' or 'property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform ads or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an"occurrence"or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage"only if: injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or vernal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments will not exceed the injury"or"property damage';or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury' or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury"applies. We do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above, are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1 Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the standpoint of the insured. This (i) Cooperate with us in the investigation, settlement or exclusion does not apply to "bodily defense of the"suit"; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, summonses or legal papers (2) "Personal and advertising injury" arising received in connection with out of an offense committed by, at the the "suit"; direction of or with the consent or acquiescence of the insured with the (ill) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (Iv) Cooperate with us with respect to coordinating other (1) "Bodily injury'or"property damage";or applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury","property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such "suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or (ii) Such attorneys' fees and "Personal and advertising injury" arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any c. Liquor Liabil' time owned or occupied by, or q rtY rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (1) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The fumishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol: or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the building's occupants or their guests; This exclusion applies only if you are in the business of manufacturing, distributing, (ii) "Bodily injury" or "property selling, serving or furnishing alcoholic damage" for which you may be held liable, if you are a beverage'. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or out of and in the course of: occupied by, or rented or loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (ill) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor, or as waste by or for: (ill) "Bodily injury" or "property (1) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a"hostile fire"; or whom you may be legally responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on any insured's behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, "pollutants" are brought on or to contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of,"pollutants". by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request,demand,order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or pollutants';or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes I. War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirecty,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or you own or rent; (1) watercraft while ashore on premises defending against any of these. y j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired,chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily injury" or "property damage", whether appearance or skin enhancement, hair the or insurance is primary, excess, removal or replacement or personal the contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment' products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D. -Limits Of Insurance. (b) Tattooing, including but not limited Paragraph (2) of this exclusion does not to the insertion of pigments into or apply if the premises are "your work" and under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs(3)and (4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs 4 and 5 of this exclusion do Paragraphs(3)and (4)of this exclusion do ( ) ( ) not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to"property damage"included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of_ subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product' operations, 9 the "property damage" or"your work"; or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product' or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, anther's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your "advertisement'; person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement', of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the"asbestos hazard"; direction of any "executive officer', (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an"asbestos hazard" or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003, including person at whom any of the employment-related practices any amendment of or addition to such described in Paragraphs(a), (b), or(c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CANSPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your"employees, other than either your executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while C. WHO IS AN INSURED performing duties related to the conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above: b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b)above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organizatlon other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or employees", "volunteer workers", any partner or member(if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person is also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to cant'persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier, and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the speck container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, inconnection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any "occurrence" which takes place after (1) Any state or political subdivision, but you cease to lease that equipment. only with respect to operations performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or 'personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf owned by or rented to you; or (a) In connection with your premises; or (c) In connection with"your work"and included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities, applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations, is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. —Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. S. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", property damage" or 'personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above_ (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to any remaining period of less than 12 months, starting (4) Assist us, upon our request, in the with the beginning of the policy period shown in the enforcement of any right against any Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable the insured because of injury months. In that case, the additional period will be or damage which this insurance deemed part of the last preceding period for purposes may also apply . of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS oost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity_ You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as t practicable of an "occurrence" or an he extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the"occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or 'suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the c (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 16 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability S. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been added as an additional insured by that (2) The total of all deductible and self- insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. !f the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any suit if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6, Additional Insured - State Or Political performed by or on behalf of such Subdivision —Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (a) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (fl Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury", "property damage" or except such operations performed "personal and advertising injury" at the vendor's premises in arising out of operations performed for connection with the sale of the the state or municipality; or product; (2) "Bodily injury" or "property damage" (g) Products which, after distribution or sale by you, have been labeled included in the "prod uct�ompleted or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or"property damage" arising out of acting on its behalf. However,this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs d provides coverage for "bodily injury" or ( )or(�; or "property damage" included within the 00 Such inspections, "products-completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to make or normally undertakes subject to the following additional exclusions: make make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container, Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured —Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing operations for the additional (4) Magazine; i (5) Newspaper; nsured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2• "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM a. The United States of America(including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work` of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract"means: (1) Goods or products made or solo by you a. A contract for a lease of remises. in the territory described in a.above; p (2) The activities of a person whose home However, that portion of the contract for a lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. —Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and possessions), Puerto Rico or Canada, in a c. Any easement or license agreement, including an easement or license "suft" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to, feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or "property 8. "Employee" includes a leased worker". damage" to a third person or organization, "Employee" does not include a "temporary provided damage" the is "bodily ninjury" whole or in"property y worker". you or by those acting on your behalf. 9. "Executive officer' means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. 10. "Hostile fire" means one which becomes Paragraph f. includes that part of any contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product' or"your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker' means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not"mobile equipment" but firm, to perform duties related to the conduct of will be considered"autos": your business. "Leased worker' does not (1) Equipment, of at least 1,000 pounds include a"temporary worker'. gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers; and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"arising out of: privacy; (1) The transportation of property, f. Copying, in your "advertisement", a the injury or damage arises utnofsa person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession;or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit"includes.- your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker"means a person who: a. Is not your"employee' Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf, and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product'; and Page 24 of 24 Form SS 00 08 04 06 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project" has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if 1. The General Aggregate Limit under Section D. the authorized contracting parties deviate from LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to your"projects". be the same"project". 2. The limits shown in the Declarations for Liability 5. The provisions of Section D. LIABILITY AND and Medical Expenses, Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE Rented To You and Medical Expenses continue not otherwise modified by this endorsement to apply. shall continue to apply as stipulated. 3. When coverage for liability arising out of the B. Additional Definitions "products-completed operations hazard" is The following definition is added to Section G. provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of "bodily injury" or "property damage" included DEFINITIONS: in the "products-completed operations hazard" 1. "Project" means "your work" at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you. Aggregate Limit, and not reduce the General Aggregate Limit. Form SS 04 33 04 05 Page 1 of 1 0 2005, The Hartford IVC I Jfer v I VCJ 14QVV--V V ordinance No.3962 City of Kent Contractor License KEN T City of Ke ustomerSenices • 2Z0 Fourth Avenue S.- Kent.WA 9Bo32-5095 • (253)85"210 Fax(253)356-6200 W•Y Y.Y o�OY PLEASE TYPE OR PRESS FIRMLY—BLACK OR DARK BLUE INK ONLY Fee INltstAoeompaeq�ApPueetion CpeNrtpluly 1 oratier All licenses expire Deeember3l.Renewal Invoices mailed In January. $101 $57. Date: 'T 1/ 1 1. Nameoff Business-n/E,TSPi��e�. Ll Business Address: I 3Q I n 1{ 6 A,r P- G city:�(t.Lk\i(D State: ZIP Phone: Mailing Address: gn.,nne ---- City. State: ZIP: 2. m State UBla: (DO7— L Z 224 3. WA Stato TRN(Tax Reglstratlnn Number):1-3- [ 4. 13 Indiv. U Partnership ,A']LLC U Corporation IIProvfd�eow+terrhipirsfomMfion;intltrdestipple>:re tallistifrtemded Owner(s)Name(s): F-,hr)2) Nut1Y1 -rz; -- Address: )fib 1 C ) 11 � 8ve- p�F Cry. , State: Z A ZIP: a�Z� Phone:J%0(nsi- I'q'S 7 FAX lam)62!SI 5. Contact Person: pan Phone(`J(O� 6. Description of Businesspro V-,sian ar al-m loai`,o nsc SL C ant �� , ,A-46 z S;,c : �lap,N l o�� oN�,ef m}gcellar�us �` 7. Is your Business subject to the State of Washington 6&OTax(Chapter 82.04 Revised Code of Washington)? )d Yes O No Is your Business subject to City of Kent B&O Tax(please reference the list of exemptions noted on page 2 of the Business Activities Questionnaire)? Pit Yes ❑ No Exemption Number, i hereby certify that the statements and information furnished by me on this application are true and complete to rhe-best of my knowledge. l also acknowledge thatthe statements and information furnished by me on this application arepublic records and are available fiorpublic inspection pursuant to State of Washington RCW 42.17.260.I understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances,regulations and statutes of the City of Kent and the State of Washington.The issuance of this business license does nor imply compliance with the Zoning,Unlform Rre and Building Codes. Slgnatwe- _ Print Nam �Gh rv��►nY1 Title: Date:_ 2 U IV- FOR OFFICE USE ONLY: BLOC 2- 7 0 24 Date Reed Date Mailed TP,A Amt.Paid Other ECSW07541,3_13 while:Bl. 110 COnary:Applicant*Recolpt Copy REQUEST FOR MAYOR'S SIGNATURE 0 oni 0ierry,,Co'�ored Papef NIZ�' K E N T 'Y'"" "— " Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator:Janiice A. Applegate (Jan) Phone (Originator): 253-856-512� t�e Sent: 0 5/16/2 017 Date Required; 5/18/2017 Return Signed Document to:JanApplegiate Contract Termination Date: 08/14/20'17 VENDOR NAME: Date Finance Notified: NET rvices,, LLC (only required on contracts 015/019/2017 �O00 and over loir on any Grant) DATE OF UNCIL APPROVAL, Date Risk Manager Notified:0'5/01/2017 rye aired on Non-City Standard Contracts/A�q reernents) Has this Document been Specnficai0 Account Number: P20510.614110.530 Authorized in the Bud et? 07 YES, NO —Docum-,1e—nt-: —--'1-11---—-—------- Contract bet�ween the City of Kent anid N TServices, LLC for Ipolle replacement and barrier netting installation for Kent Memorial Park, located at 850 Central Avenue North, Kent W 032, ——------------------------------------------ &V,")Be Routed Through The Law Department MAY A, 6, 2017(This area to be completed by the Law De q ment) Received: ' Approval of Law Dept.: 'q �i Si AVAJ Law Deot L Date Forokl fet r Shaded Areas To Be Completed min By Admi tration Staff Received: a A 20, ations and Comtnents,�Recommend Di! posid'on', 'lug" pEw,frr J31" e�"'c"71"r, Date Retutried,.