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HomeMy WebLinkAboutPW18-006 - Original - Northstar Chemical, Inc. - 2018 Water Treatment Chemical Supply - 01/02/2018 Records Manag 10T wa o Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Northstar Chemical Inc. Vendor Number: JD Ed..�wards Number Contract Number: This is assigned by City Clerk's Office Project Name: 2018 Water Treatment Chemical Supply Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: 1/2/18 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tom Cunninqham Department: PW Operations Contract Amount: $4,752.00 Approval Authority: (CIRCLE ONE) ( Department Director Mayor City Council Detail: (i.e. address, location, parcel number,t id, etc.): Provide water treatment chemicals for 2018. As of: 06/27/14 L I NT GOODS & SERVICES AGREEMENT between the City of Kent and Northstar Chemical, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northstar Chemical, Inc. organized under the laws of the State of Washington, located and doing business at 14200 SW Tualatin-Sherwood Rd., Sherwood, OR 97140, Phone: (503) 625-3770, Contact: Julie DeBellis (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goads and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with a water treatment chemical (bid item 7) according to the bid proposal submitted October 24, 2017, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Four Thousand, Seven Hundred Fifty Two Dollars ($4,752.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: ............................................................................ _ Compensation of up to $4,752.00 is based on an estimate annual need. Actual need may vary as follows: Item 7: zero to 2,400 gals. Therefore, actual compensation will be between $0 and $4,752.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective pr!Jnauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E, The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A„ Notice of Claim. Provide a signed written notice of claim that provides the following information: 1„ The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3, The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B, Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Dut to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including NSST) D, Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Fgjolure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Dis utes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assi ng imen - Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) H. Compliance with laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records ACt. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. Cj_ty- Business License Rg uq iced. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and—Si RL 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. V NDOR CITY OF KENT. signature) (signature) print a e: _ i.:5 Print Name: David A. Brock P.E. fits, y') P n SP& v. �—d Y"` Its: Interim Director Operations Manager (title) DAfE:, DATE: / Z / m_ ---- —...................- _... --------------- ES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Julie DeBellis Timothy J. LaPorte, P.E. Northstar Chemical, Inc. City of Kent 14200 SW Tualatin-Sherwood Rd. 220 Fourth Avenue South Sherwood, OR 97140 Kent, WA 98032 (503) 625-3770 (telephone) (253) 856-5500 (telephone) (503) 625-1478 (facsimile) (253) 856-6500 (facsimile) --------------- NortM1s[ar-201a WaLer Chemicals/Cunningham GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including NSST) 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 ive retirements referenced above. By: L^� For: Title: l AA �k'06Lv i- SbV41 t Date:LZ-12-11 _ EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By w For. Title; Date; EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A WATER TREATMENT CHEMICAL SUPPLY FOR 2018 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.3 & 1.6) for the following fees: Bidder's Name: Item Estimated Description Bid Unit Total Annual Unit Prices Us ace 7 2,400 12 1/2% Sodium Hypochlonte in GALS* 500-1,000 Gal. Deliveries BULK GAL. FOB 212th St. Treatment Plant Total *Estimated annual need is 2,400 Gals. Actual need may vary. / Co art Submitting Proposal C r, Authiar' d ignature Note o tractor must submit a firm proposal for the contract term(s). 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. AutomobilewLigbility insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Coommercial General I_ia�bility, insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers`Compensation_coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability_ insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commer!JA General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified 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 Certi care of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 114443 AC"RH CERTIFICATE OF LIABILITY INSURANCE ulvzon "I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT;ON 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 INSURERISI, 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 19 WAIVED, subject to the terms and conditions of the 3011CYL certain policies may terlope.an cndDrsemerrt. A statement on this certificate does not confer rights to the Certificate holder in lieu of such ondorsement(s). PRODUCER 550PAU San Francisco Carts Commercial Lines-(628)201-1)001 PHONF FAN Lj4 (415)644,7700 1 877)302-0977 USI Insurance Services National, Inc.-CA Lic# OD08408 Certificates Cerifi cates@wellsao.com AunRE.eN201 Mission St, I IIT Floor Fg INSORER(SI AFOROING COVERAGE NAIF 9 San Francisco,CA 94105 INSURER A- Aspen Specialty Insurance Co 10717 NSIORC) INSuqFR R XL Specialty Insurance Company 37886 Northstar Chemical Company,Inc sasER C SAIF Corporation 36196 14200 S.W.Tualatin-Shemyood Rd. Is" msdRkri F Sherwood, OR 97140 INMIRST,f, COVERAGE$ CERTIFICATE NUMBER: 12493131 REVISION NUTIIBER: See below I HIS Fr I n Of,F"`ry N-IA T Olk POUCh-S,OF N."An i,1,rV;F- LIS I I.D r*LOW WIA P F F-A JaN J!,D 10 'Ht IN'URH t `J,44--D Alir',,VL T()IF 'r o N3W,ATF D NO TWTJ iSTANOW-' AN V F*01,11 REMY Tr I r.",RKI OR CONDIT ON ()F ANY CON TRAC- UP 0 It if-R D"Ak ANIT NI As 7 11 M W1 I"T TO IOPCH 11 ki,)N I',!. 520F.D OR MAY rq 121OS,J TNT- FlaJRANC�'F: AO CIRDN) bi( 1HE A �Cplbf D 111HUN 15 SUBJE Q' TO 0.LL If INSR TYPE OF INSURANCIE ANSI,loari; LH riSjOyfIo, LiAiP0LJCiYNL'Nr3r.R.................IMMi .................. LmhIT ------------ A X COMMERCIALIGPNEPAL LUUMLITY ERAFJRW17 07/01/2017 07/0V2018 I MY)um) CLAITM t,AD1 '1100 0010 x I Puflufim"IDL10d.d'rca ns Dar.) LI; f 1," 001) x 5N(IOU WINJ JNd 'd4L9 Aj (JOU(IIII, 11 OD 3 TIRCI "ODORID kel B AUTOMOVIL(IIJABILITY i AECO05013E 0710112017 07/01/2018 1, L I MH I DIDaDD Jf"i IFw4vori ANY AU 10 OwN00 -nViNEI) �A"r c(*' "fin D NON, 'U I,5G onoe I Y x Mr-S 90 y $5,000 Ded A X_J UMINWILLALIA0 EXAEJRX17 07/01/2017 0710lI2018 nu cur IIKC 656 UAS 11011001y) C rAN�INOPKEM COMPENSATION 9769SO 07/0112017 07/01/2018 AND EMPLOYERS'LIABILITY . . .......—-—------- V,N 1 000 J010 ORAIARTNE ,X[r,(yr "J'G ANYPIFNFIROT NIA, OREGON 'XIO'DOO ............... 110DO1101) DESCRIPTION OF OPERATIONS ILOCATIONSOVENCLES JACOPO 10 Add1II1111,I[9.Po,,k,3hrd,l. may be atO,N.d llnmr sLeut m Evidence of Coverage CERTIFICATE HOLDER CANCELLATION .......................-................................ City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE IPIEREOF, NOTICE WILL BE DELIVERED IN 220 4th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUThORIZEDREPRESENTAnVE The ACORD name and logo are registered marks of ACORD 1,,)1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(201 BIAS) * Y CERTIFICATE OF LIABILITY INSURANCE D ATE i7YY' FHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH. f LSRTIFIC . THIS7ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE IF ORDEDICIES3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUIS=' �SURERIZEDREPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSUR+-:C6 .r;.ssiorsed.f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an ernorcorrent on <his cortif1cate does not confer rights to the certificate holder In lieu of such endor5omcitt(s) 'R-mur.ER CONTACT San Francisco Certs %.mmercial Lines-(628)201-9001 NAME:PNUNL 415 644 7700 I ..x rAYC.My EXt1: ( ) .,c,Nulf877)302 0977 cJl Insurance Services National, Inc.-CA Lic#'.OD08408 LMAAUIU.ss Carl8icales aQAVQ:AsfargD.com 1 Mission St, 11111 Floor _. INSURERISTArroRDINGCOVER, Ni n Francisco CA 94105 INSURER A Aspen Specialty Insurance Co 10717 I USED INsuaER R. XL Specialty Insurance Comps. , , ,. 378815 - Ahstar Chemical Company, Inc. I"Super,C^ SAIF Corporation i 36196 '14200 S.W.Tualatin-Sherwood Rd. INSURER D: INSURER r ierwood,OR 97140 INSUREPP r1VERAGES CERTIFICATE NUMBER: 12557021 REVISION - <. r ER: See below 'PHIS IS TO CER'I"IFFY THAT THE POLICIES OF INSURANCE LBTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED � FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'Al' RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 'S S'JUJECT TO ALL THE TERMS, '_XCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE CC{IR 1NSr11 uvnf POLICY ppyr Mi rFf,Il, LIMITS � IADDI isua(al....ERAEJRVV17 NUN1aER 07/01/2017 O07/01r12018 lA(r+<tr+ Is^ s it ce I �. _UL .L __1 jTXXIO, MMERCIAL GENERALLIABILITV -I g 1D00000 . i7Ai dPdLY(+fr h r 3D00)0 PILL XP(M V11`rrv,l rvi 5 00coo5000 P9 R5ONAl W tN,llD 'V1.... _ _ Bn. �: . 000000 L .. - GFaff h41 WIfA14 S 2,000000 orI i 1 nuGraEeA r l IMIT am cur s pr n ` Put ley X �INo X..)Lac 2 000 o00"— I lxuowctrt i1 i n,1, a 4tel _ '" t,)MPINrD"', 101W1 I' AUTOMOBILEuaslurr AE00050135 07101I2017 07l01/2018 f's ,,,lie, l} x t o00000 X ANY AUTO ROUIIYINJU' i OWNED OHFI'IULGC BODILY IN W i , d Idnnl} % UMBRELLA LIAB % N-(JWNE[1 FRDPCIitY OU N S J1 ros oNLv It ur iA,2H+,oL .— �... HIRED NC 000 Ded AUTOS ONLY au' � AUTOS ONLY AU x MCS 90 $5 _..._.,1 ........ - ___... _. _ ri aws.MAUI_ EXAEJRX17 07/0112017 07/01/2018 LACHOCIL g sDDD DDD I u1 [uR I EXCESS w"- WORKERS COMPENSATION AU1[F IR 1 $ t/D0000 Va R❑R RETENTION. 07/0112D17 07/01/2018 EUN .�"fg-i('�.5 NIA Cr AND EMPLOYERS LIABILITY 87698D % 'µrAr9! N to ANvcaonaFTORiPnRTNEwExLcurrvE OREGON It lin, 4A ITS1,000000 1 I II I ORFA blri DV El $ ODD 000 C _... .,,.._ Y/YJ OFFICERIMt MB6RE%CLUDED9 MyYe delory In NH �� � - Ricr GRFRATIONS all. FI DISEALI, G.-C, L.pMli s ,ODD 000 MS�CIPTION OF I i. 9CRIPTION OF OPERATIONS(LOCATIONS i VEHICLES (ACORD 101,Addidonal Remarks Schedule,may be attached it more apace Is oxI iwdi the City of Kent is named as additional insured as it relates to general liability and auto liability as it relates to general liabilitganc auto liability in ,cordance with the terms and conditions of the policy. Umbrella follows farm as it relates to additional insureds.The above c.d"',joe is primary and .on-contributory where required by written contract. "".r. o.l R7IFICATE HOLDER CANCELLATION ^mm I';Ify Of Kent SHOULD ANY OF THE ABOVE DESCRIBED NO-.I LIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NC ,E WILL BE DELIVERED IN 20 4th Avenue South ACCORDANCE WITH THE POLICY PROVISICP;., ;eat,WA 98032 q+ AUTHORIZED REPRESENTATIVE - The ACORD name and logo are registered marks of ACORD 01988.2015 ACORD COI'r.' .ATION. All rights reserved. ACORD 25(20161031 " ffI­,,0 ,v,1m„i " -_ ERAEJRWI7 07101/2017 f y ASPEN .C: THIS F.NDQR%lL717ENT CHANGP.S'CBIE POLICY.PLEASO READ PT CAREFULLY A gUTI'IONAI•tNSUIiI+:II— Y$"b- PRIM2ATCY AND NON-CONTIBUTORY V It is hcrchy ingtccd dint the Pnlicy 9n nmaxndnd aN 1'nlin.ea sMcly as iCRpect .C'o rrnwSc SC<lian 1. ,Cnw npr. IA(Budily loijwy and Propnmdy O:almSfe)and Coverndr 113(PoIwW nod A01ar ininlr,Injury): SCIISOULE Nu mu of 1'e riun nr O�ga•.iva lion: ''-Q(. Rlankel.whcro regoirod by written contract (II' w, oh'y M)louu'n uhuwc, infoenlntl un nmuirud to complete Ribs cuddrmwcnt will fro slm•c •1 did ,. Mclnratlumm VA applh,nhl¢to tl4x and+rreen)om.l Tho Per."Is' or otguoizationN FIIV M'll In Ill. 4cljtoinl¢. :IkIP 40 :n6 I"xu.vcl4 owit,r M., W130 IL, AN IT.S V Ktla).pmaSraph I',nCIhie Policy t..hjecl Wall Iw+leron.. .udd rondilinlrs s5C Ill nl p:vaprnph. Will,w: j"eu to llo:Invxunr nY AP};;p5fti15fun5 sl'Own m llw Sdw.4ulu ubo vc.Ihis P.+hey ahall he per{ >'y and nVn conGSlYplVry wish nx5y oxhul^wulfxi urXd avtlrr.•,tit+ice:+++urulvtc nvuiluhle to n..it pnlhhnnN ur ot,gnar .C•ntlrY- All other tmuls;ond eundilloun or Ihia Pulley Iemain unehanped, 0 ASP13R O�/I][furnt lxunUcf pnndinp� ens Northstar Chemical Company, Inc. ERAEJRW17 07/01/2017 07/01/2018 Pages 5-6 and 20-22 of 34 Sotgon2. G2fJEAALPOLLVI'10NI1A8ILITY 9„ Insuring Agreements Undo, easrt of C;avoragea 2A thtrn.fgh 21Z WA V ill pay thbsc SVmc that the owted lbecornrs ik,,. y obi"uyated. to ka ka place d{dog 1>a palicy periodr bodily +7 iffi rpaiitxarl ihY pancagl:or t( I utfun i Aurrd'ur kin the envat go,ter Rm,y_(ovl od MPY : That covoraga 2A.-Hostile Fbe&Building Cquipmtspt (1) Thrt bodify injury, proporty damage or envircern.nial dallmgc arises out or heat. smoke,, (dines, vapor er scot 5om a,httsto.tiro:or (2) The hodf6y PrtjorY is srxntntlnnd vutlflwfn a bu&d'!r(g and urn9cat ewl of lytuvU, Smoke. /dread. Yapor or s got produced pluduced yy or originating from uqulperto'd that is used to heat cool a(dehunaidlly the bv+l!1ing, ar-that tc used ""'d w:suyr for pors.nal'use by the 6l buinp's occepante or their geoms. _ coverase zn-Products Pollution The bodily injury, property damage or unvfrmomel ld;QNa+nage ailLcs out of your product and is Included In tlta pmduc": *mP1Qtcd n0er:d0on3..linaard. OOVerilWe 2C-Trdflspurtalion Pulluuon The ifollt UOO inctcll:nt is utumad by l .Atportalfon or misdelivery during (ranSpodatfon, and bodily Injury, Pwogcrty d:nnusyc nr envfronnlen(al dammgc. Cmvrra pe 2D-^contractors POI&rtion The Pollution Incfdont If, ransr'd by your work and result: in bodily fn}+uy, pia Pcrty damage of uovir on lnontal damng¢. Coverage 2H-Site Time-faenfnnt Oultily Injury and Property❑mnarac "firm, pollution (ncideolt (l) In on, al, trirde'r' or mlrfmtiiftll from or iluodyll, (0) 'my tan awned lei .lY++n, ur to) any to"k)" thin kx occuplod by any Insured, other num all inrerod I•ota(ion: tilt' results,irl hodrfy ti fly of property dAou'un, (wit Is demon,M1e..W', ab having cornrnmncad at an iomou tr,drlr I aur. anwJ pi.u;m dou ell hid p.1 Y oc i.,l 10 fin dimcavelurl red later Arun 20 cillcrodmf dupe alter Its and (5) Is repoAcd to u, he YaCu r t u pC0 e.vimnd.r ilrtya apex its commab,atme�no In till, (vent Cdvenrry+ 3t:. (nit. llutllly Injury and Pfop.nly Vamagn) I, prechagedr Cover-10 21" 'fill nnl -"'Ply to nornvwnod locatfans. Coverage 2F,-Finorgency Response Wn will pay emergency rd4p.n%e cost resulting In"" In imm nhnt noel Sitvlldcant Ilneat 1. hwn u fo health or the, nnviroantnnt affslrog um of apolio/+nn incidenttl+ai wammd,lu thlemll the policy pctimf In inn r.v 4 r:Yt7 e: r:rrilory. 1}nverage 2U.-Cri515 f_vent We wilt pay crPsfz cost ods(rnl out of a cricfs event that inku- place during the policy perlod �i the coverage territory. 0 Aspr,I Specialty insutJnc" C npolr'y. 2017. ASPLRIO9 0313 fnc9ud@s Capyrtirfhlyd tr alcrial of 150 lImp,ldlos, In,. aced with puinr(r:vforl t, NI, WHO IS AN INSURED A. If you are designated in the OeUarations as; I, An Individual, you and your spouse are Insureds. but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an Insured, Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of Your business. 3. A limited liability company. you are an insured. Your members are also insureds,. but only with respect to the conduct of your business Your managers arse Insureds, but only with respect to their duties as your maltagals. 4. An organization other than a partnership, jailor venture or ltrnilad liability company, you are an insured. Your executive Officer, and directors are insureds, but only with respect to their duties as your officers or directors. Your slncknnlders Ore Alto insureds, but only will, respect to their hatolb y as stockhmders. 5. A trust. you are an insured. Your Irustees are also insureds, but only with respect to their duties as trustees. B. With respect to all coverages other than Coverage 1D (Employee Benefits Administration Liability), each of the following Is also an insured: 1. Your volelntaer workers, but only while performing dutreu related to Ilbe Conduct Of your busl'uess or your 0mployaa+, other hvan either your eXoOullVa OfficOrs, If YOU are On organization other than a partnership, joint Ventura or !imbed llahiety eurrnpayny) Or your managers (d you are a llmnao liability company), but only for acts wdt)tin the scope of their employroCIA by Von or while performing dotes related to the conduct of your business. liewover, none of (base empiuyoas Or volunteer'workers are insureds for: (a) Bodily injury or personal and advertising injury: 0) To you, to your portrays or members (if you are a partnership or joint venture), t, your members (If you ;are a hooted liability QOMPany)'. (b) per which there is any ob'ligah011 to share damages with or repay someone else " Ito roust pay damages because of the injury des fibed in(a)(i) above: or (fit) Arising out Of the pmvld8ng Of failure II'O provide professional "still care surv)rer^, emzcPl incidental health care services provided by any phy51man, dentist, nunse. amargency Medical' 1ecl)10 n or parnrnedlb who Is employed by you to provide such zaweces and provided you are, not clog agcr,r in the bu9lnesa Of providing such services. (b) property damage to property: (i) Owned, occupied or used by, or (to) Rented to, in llle care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, Volunteer workers, any partner or member (it you are a partnership or joint venture), or any member (d you are a limited liability company). 2. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. 3 Any person or organization having proper temporary custody Of your property Ir you die, but curly: (of With respect to liability arising out of we maintenance or use of that property: and (b) Until your legal representative has been appointed. 4, Your legal representative it you die, but only with respect to duties as such. 1'hot representative will have all VOW 0 Aspen specially Insurance Company, 2012 ASP ERt000313 Includes copyrighted MONWrlal of ISO properties, lire, used with permission rights and duties under this policy. C. Any subsidiary, associated, affiliated or allied company of corporation, including subsidiaries thereof, of which you have moral than 50% ownership interest as of the Reception date is a Named Insured. O. Any organization you newly acquire at form, hiller than a parmetsulp- joint venture or limited Iratol ty company. and over which you maintain Ownership or majority interest, will th"Ity as a Named Insured if them is no Oliver similar Insurance available In that organization.. However: 1. Coverage under the; provision is afforded only until the 1001h day after you acquire or fonn the organization or the end of the policy period,whichever is earlier. 2. Coverage under this Policy Coca not apply to any bodily Injury, property damage, Offer'," environmental damage, wrongful act or crisis event that occurred before you acquired or forted the organi-..ollon. E, Solely with respect to Coverage 10 (Employee, Benefits Administration Uabiiily), each of the :allowing is also an Insured: 1. Each of your employees who is or was authorized Io administer your employee benefits pro.,ram, 2. Any persons, organizalihns or employees having proper temporary aaAaharlzalion 10 admin l',Oe your omploy00 benefits program if you die, but only until your legal representative Is appointed. 3, your legal representative if you; die, but only with lespoet to duties as such. That re.presentatiV,L will have ail your right's and duties as such That representative will have all your rights and duuas unctar this Policy. r. Any person at' organization with whom you agree to include me an in+surad an vrtrsuora to an an tat de,irilUrl d personal and Contract Is art tnsv(ad, but: it) only with respect. to bodily injury, properly damage, ' g' advertising Injury arising out of your Operations, Your work• efinlpmeni art promises leased or ruined by You. or your products which are dimributed or sold in the regular course of a vendors business: and (Al) onfy ror the lesser of the oppkcaole limits Of liability set forth its § 14. of the Poicy or the minimum limits of liability required by the Insured contracC however: 1. A vendor is not ail insured as eespacls bodily Injury, property damage, environmental damage, emergency response cost,crisis cast or personal and advertising Injury: (a) for which the vendor is obligaled to pay dainages by reuaon of the assureplion of liability in a contract or agreernant except that which the vendor would have in the abJenee 01 the CamfaCt or agreement; (0) Arising out of any express warranty unaulhonzed by you; (c) Arising out of any phys,eal or chomlcal change in the product made intentionally by the vender; (o) Arising out of repackaging, except when Unpacked solely for the purpose of inspection. demonstration, lesfngj or the 5Ub'daltotien of pans under insnur etris from you. and then,rppacltaged "r n.the,; original cOntainer; (e) Arising out Of any failure to snake Inspections. '.Adjustments, testa or servicing as the .p,,det has agreed to make or nomlalty undertakes to make in the usual courts Ot business, in connection v,w+ir the distribution or sale of the products, (f) Arising Out otl demonstration, installation, servicing or repair operations, except such c; - nnons performed at the vendot'S location in connection with file sate of the provost or (a) Arising out of produuis which, after diuttibution at sale by you. have been labeled or ''abeied or used as a nortalner, part or ingredient of any other thing or substance by or for the vendor 2. A manager' of lessor Or plenlelits, a IesSar Of teased equipment. or a mongagen. assignee, nr roc"ItfOr is not an insured as Menaces bodily injury„ properly' damage, environmental damage, amergorwy rOwponsp cost, crisis coal or porectual and advorlising injury'. (a) Arising out of Any occurrence, ottonse or pollution Incident that takes place alter, the equipment lease expires or you Coate to be a tenant; of Q Aspen Specialty insurance Company. 2012 ASPERl 00031a Includes copynghrevi mateerai of ISO Plopedfes, Inc, used Mal Ptemissian (b) Arising out of structural alterations. new construction or demolition operations perforntud by or on behalf of life manager or lessor of premises, or mortgagee. assignee, or receiver, 0 Any person or organization that has at least a bvA Cnnffolling interest in you is an msuled but only with respect to bodily Injury, property damage, environmental damage nr personal and advertising injury arising out of their financial control of you. No person or organization is an Insuied with rOspaa:t to One conduct of any current or past paitrioship, joint venture or limited 1,abilny company' that Is not shown as a Narned Insuhad rn 9hr,; t')t;gAar:ISGrUns, kt 0 Aspen Specialty hrrur-+ncu ConrpanY• 2012 ASPER11080313 Includas copyflghterf malonal of ISO I°roperuds, Ina, used with permission POLICY NUMBER: AECO050135 XIC 414 1013 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREF:I'_LY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. ' Schedule __.—_...... .._ — .�._.__._._.____ _-_ _........... ......... ........__ _........... .............. .. .._.- -------.. Additional Insureds) Work _ Where required by written contract executed prior to All operations loss COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to includ.., : c an "insured" the person or organization listed in the Schedule above, but only with respect to liability for "boo' , injury" or "property damage"otherwise covered under this policy caused, in whole or in part, by the negligent actn -:Ir omissions of; i 1. You, while using a covered "auto"; or 4 Any other person„ except the addiVonal insured or any employee or agent of the additional insured, operating a covered"auto" with your permission; in the performance of your work as described in the Schedule above. In no event shall any person or organization listed in the Schedule become an "insured" pursuant to this Endorsement if such person or organization is solely negligent. IT IS FURTHER AGREED THAT IN NO EVENT SHALL ANY CONTRACT OR AGREEMENT ALTER THE CONDITIONS, COVERAGES OR EXCLUSIONS SET FORTH IN THIS POLICY. All other terms and conditions of this policy remain unchanged. XIC 414 1013 O 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Induces copyrighted material of Insurance Services Off ce, Inc., with its permission