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PK18-164 - Original - Northwest Playground Equipment, Inc. - Contract - 04/20/2018
EN:T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: Northwest Playground Equipment Vendor Number (JDE): Contract Number (City Clerk): PKI ' IIPI Category: Contract Agreement Sub-Category (if applicable): Choose an„item...................... Project Name: Kent Memorial Park Plav Equipment Purchase 1 Contract Execution Date: 3/28/2018 Termination Date: 7/30/2018 Contract Manager: Lynn Osborn/BH Department: Parks Contract Amount: $23,751.20 Approval Authority: ❑ Director ® Mayor ❑ City Council Other Details Goods and Services A,grnt,far kfe purchase of swings and slide/climber play equipment. No installation included. Parks staff install at Kent Memorial Park. Division Contract: #PPD18-10 T GOODS & SERVICES AGREEMENT between the City of Kent and Northwest Playground Equipment, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Playground Equipment organized under the laws of the State of Washington, located and doing business at 345 NW Dogwood St., PO Box 2410, Issaquah, WA 98027 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in attached Exhibit A, incorporated herein, vendor will provide and deliver Playworld Systems-brand play equipment to be installed in Kent Memorial Park. No installation services are included in this agreement, which entails only the purchase of equipment. Installation will be completed by Parks staff later in 2018. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by July 30, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $23,751.20, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall submit a single invoice after delivery of product to City, If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT- 1 ($20,000 cr Less, Incl. WSST) A. Defective or Unauthawrl,zeci Wor, . 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. F'inal_Pavnient: 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. F. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F, The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A, Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5, An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vender's DIAtW to Carraralete_Protested Mork. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E, Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable M-ate_r'i.a.l.s. 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. ResolUtior:t...gf Disputes and Govermnc. 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. A .s gnmg..nt. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification.. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. ConpJlance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business Licensew_,R ,quEreel,. 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. [QUaterparts, a_ncl,_5ignatuoes day Fax or ErnaiE,. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: n �Ic .. vmm. �(srgnature) Print Name e f�` c w-�a v9 Print Name: J]� 7 a ReOO h title Mayora Its: S 7 Its: DATE: ! DATE:, L4 '� ��___...__a..._...._____._.__.._ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chris McGarvey Bryan Higgins NW Playground Equipment City of Kent PO Box 2410 220 Fourth Avenue South Issaquah, WA 98027 Kent, WA 98032 425-313-9161 (telephone) (253) 253-856-5113 (telephone) Chris@nwplayground.com BHiggins@kentwa.gov P'.\Planning\Hen[Memorial Park\Playground 11111 16\11ay Egm[contra[1 does\Play tgm[-NW Plygrd-CONI ICf GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2, 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5, Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, II agree to fulfill the five requirements referenced above. For. m,...N..ohm>� ,,yes k ....,... ..T, off..,... ..,. eel Title: Pr;c :cr� Date: _ ' /d EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as _, _____......_ that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Northwest Playground Equipment, Inc. EXHIBIT A PO Box 2410,Issaquah,WA 98027-0109 Phone(425)313-9161 FAX(425)313-9194 Email.salns(eGawplaygrousdxofn QUOTE To City of Kent Quote#V 12017ARL2u3L D�+1ivasly Address. Re: Kent Memorial Park Kent Parks Maintenance Ken Date: 3/21/2D16 Central Ave,S 5821 S,240th St. Kent,WA 98032 Kent,WA 98032 Contact Name: Bryan Higgins Phone. 253-856-5113 Email: bhv.1gfms0KentWA.odv Fax: item# City Desefi tlon Price Total Price EQUIPMENT Playworld Systems ZZ)(X0199 1 Unity Hoopla Swing $ 6,075,.00 COLOR:Silver Frame,Green Ropes,Green Swing, Forest Green Components ZZXX0346 1 Unity Slide Climber $ 9,995.00 COLOR. Silver Frame, Hunter Green Eco Armor,Green Slide 500-ARCH 1 sin OD Arch Swing Including 2 Belt Seats with Silver Shield Chain $ 2,497.00 500-ARCH-ADD 1 Sin OD Arch Swing Add-A-Bay with 2 Belt Seats with Silver Shield Chain, $ 1,613.00 ZZXX0265 2 Infant Seal with Silver Shield Chain for 8ft Top Rail. $ 175.00 $ 350,,00 COLOR,Silver Frame ZZXXO151 1 Spinami $ 4,265.00 COLOR:Silver Frame, Green Plastics Please Note that the ltem(s)Quoted are in the Playworld Systems 2018 Sale-All Sale Orders Must be Placed by June 30th, 2018 for Sale Pricing Notes: to be Valid. Please Note that the Customer is Responsible for Offloading Equipment and Verifying Quantities and Descriptions, Equipment Subtotal $ 24,795.00 Playworld Systems SALE Discount $ (3,443.00) Playworld Systems SALE Freight $ 240.00 Equipment Total(less tax) $ 21,592.00 INSTALLATION Installation available upon request Installation Notes: Please Note that the Customer is Responsible for Any Site Work Needed,Site Work Quotation Available Upon Request Credit card fee 0 Performance Bond(If Required): 0.0% $ - Location Code: Resale Certificate Required for Tax Exemption Tax, 10.0% $ 2,159.20 ORDER TOTAL: $ 23,751.20 All quotes are subject to material and fuel surcharges. Acceptance of Proposal: (Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote) The items, prices and conditions listed herein are satisfactory and are hereby accepted. r4bht2y Lra.trbevt' Sales Assistant CuPfffti Signarure Date,,. Thank you for considering Northwest Playground Equipment, Inc. 'for your Park, Playground, Shelter and Sports Equipment requirements. PAGE 1 of 2 Revised 8/24/11 Northwest Playground Equipment, Inc. EXHIBIT A(Continued) ay PO Box 2410,Issaquah,WA 98 02 7-0 1 09 Phauc(425)313-9161 FAX(425)313-9194 Email sales a@�twplaygroundcom Project Name: Kent Memorial Park Quote#1112017ARL2u3L TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is only valid for 30 days. Orders placed or requested for delivery after 30 days are subject to price increases,. .................................(Pls Initial)It is the Buyer's responsibility to verify quantities and description of items quoted. Once your order has been placed, any changes including additions,deletions or color changes,will delay your shipment. EXCLUSIONS: Unless specified,this quote specifically excludes all of the following: Required Permits, Davis Bacon,Certified Payroll or Prevailing Wage fees Performance/Payment Bonds Site work and landscaping Removal of existing equipment Unloading,Receiving of inventory or equipment,Storage of equipment Equipment assembly and/or installation Safety surfacing; Borders or drainage requirements FREIGHT AND DELIVERY: Shipping is FOB Origin.A 24-hr Call Ahead is available at additional cost.. Delivery is currently 5+weeks after order submittal.Unless otherwise noted,all equipment is delivered unassembled. (Pis Inilial)Buyer is responsible to meet and provide a minimum of 2 adults to unload truck A Check List,detailing all items shipped,will be mailed to you and a copy will be included with the shipment. Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List. ..............................(PIS Initial)Shortages or damages must be noted on the driver's delivery receipt.Shortages or damages not noted bee the buyers financial responsibility.. Damaged Freight must be refused. Please notify Northwest Playground Equipment immediately of any damages. Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery. A reconsignment fee will be charged for any changes made to delivery address after order has been placed. TAXES: All orders delivering in Washington are subject to applicable sales tax unless a tax exemption or Reseller Permit is on file at the time the order is placed,. PAYMENT TERMS:An approved Credit Application is required for new customers.500A down payment is due at time of order with balance due upon delivery,unless other credit terms have been approved. Interest may be charged on past due balances at an annual rate of 18%, A 3%charge will be added to all credit card orders. RESTOCKING: Items canceled, returned or refused will be subject to a minimum 25%restocking fee.All return freight charges are the responsibility of the Buyer,. MAMTENANCEf WARRANTY: Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only, labor is not included. Northwest Playground Equipment offers no additional warranties. Maintenance of the equipment and safety surfacing is the responsibility of the customer, Any unauthorized alterations or modifications to the equipment(including layout)will void your warranty, INSTALLATION:(if applicable) A private locate service for underground utilities must be completed before your scheduled installation. Site must be level and free of loose debris(this includes ground coverichips). A minimum 6 fool opening with good access must be available to the site for delivery trucks and tractor,. An onsile dumpster must be provided for disposal of packaging materials.. Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area. Arrangements must be made in advance for the removal/disposal of existing equipment, Additional charges may apply if large rocks or concrete are found beneath the surface„ Access to power and water must be available, Site supervision is quoted in 8-hour days. Acceptance of Terms &Conditions Acceptance of this proposal,made by an Pqg�horned agent of your company, irtdjgates agreement to the above terms and conditions. AShley LarSew M / Sales Assistant Cylstprd'$Ignature"'• te^'"" ,„,,,�--.. 979 you for choosing Northwest Playground Equipment PACE 2of 2 Revlssd8/2411111 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' Co pensa_tion._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 LiabH insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability Insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. Al IY CERTIFICATE OF LIABILITY INSURANCE °ATE'MM`°D YYY) SI 03/01/2 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 rights to the certificate holder in lieu of such endorsementls). PRODUCER CONTACT Nick Ghaffari CHOICE Insurance, LLC 8 NAME' "" 1715 Market Street Suite 100 pe.Nluo.Ern (425) 739 6565 AX NoI,(425) 739 9955 E MAIL Kirkland WA 98033 ADDRESS, nuDZance.net INSURERISIAFFORDING COVERAGE NAICR INSURER A:Was tern National Assurance 24465 INSURED (425) 313-9161 INSURERS ......... ......... ....... ......... ....... Northwest Playground Equipment Inc ... ....... ........ ....... Play Safe Construction, Inc. INSURERC PO Box 2410 INSURER D: '. Issaquah WA 98027 INSURER INSURER F COVERAGES CERTIFICATE NUMBER:Cert 11) 13448 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT„ .AUOLS-UBRI ......... ......... ..... POLICY EFF POLICYEXP I TIR TYPE OF INSURANCE ,Ncn,umn( POI ICY NIIMRFR mrvyr. LIMITS 1 LIABILITY EACH OCCURRENCE g 11000,000 C115T1AA45E tTOPoEPP'TI:g7 CLHIMS MADE p % COMMERCIAL DE I %X OCCUR Y Y CPPI037280 03/01/2018 03/01/2019 PRFMISESR� oa moorm is 100..,000 _ I MED EXP(Any one Person) $ 51000 PERSONAL B ADV INJURY $ 11000,000 '. G'EN'L AGGREGA HE LIMIT APPLIES PER GENERALAGGREGATE I$ 2,000,000 POLICY I X JEG LOC PRODUCTS-,COMPIOPAGG j$ 2,000,000 C7THESGk, °$ AUTOMOBILE LIABILITY If %IIMIr 1$ 1,000.,000 A ANY AUTO CPPI037051 03/103/01/2019:. BODILY INJURY(Per Person) $ -�OWNED - SCHEDULED ' AUTOS ONLY X AUTOS - BODILY INJURY(Peracclden[). 5 X HIRED X NON OWNED PROPERIYEIAMAGL $ I AUTOS ONLY AUTOS ONLY JERK QvAo"r I 3 A X UMBRELLA LIAB X "COCCUR LAIMS MADEi UMB1006108 03/01/2010103/01/2019 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB AGC RE GA fE 8 5,000,000 nFn % I RFTFNTIONS 10.000.. $ WORKERS COMPENSATION PER OTH A AND EMPLOYERS'LIABILITY Y(N I CPP1037280 03/01/2018 03/01/2019 STATIITF X FR ANYPROPRIETORIPARTNERIEXECUTIVE ❑ WA State Stop Gap EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA - (DESCRIefi�MandatoryinNH EL DISEASE EAEMPLOYEEi ION OF OPERATIONS below III EL DISEASE POLICYLIMIT $ 1,000,000 y 1,000,000 $ �$ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES iAICORD 101,Additional Remarks Schedule,may be attached if more space is required) 'Any/All Projects. (Astronaut Replica Project; Canoe Replica Project and Custom Canoe Project) . Certificate Holder is included as Additional Insured with respect to work performed by or on behalf of the Named Insured and coverage is Primary & Non-Contributory per Endorsement WNGL49. Waiver of Subrogation included per Endorsement WNGL39. Completed operations warding included per Form WNGL50. Additional Insured shall apply by written contract and/or agreement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 f (44 ( " GG ©1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 1 of 1 POLICY NUMBER: CPP 1037280 COMMERCIAL GENERAL LIABILITY WN GL 50 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations PER WRITTEN CONTRACTOR AGREEMENT PER WRITTEN CONTRACT OR AGREEMENT WHERE YOU AGREE TO NAME A PARTY OR PARTIES AS ADDITIONAL INSURED(S) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sion applies. with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by "your work" at the location designated and de- 1. 'Bodily injury", "property damage" or "personal scribed in the schedule of this endorsement per- and advertising injury" arising out of the render- formed for that additional insured and included in ing of, or the failure to render, any professional the "products-completed operations hazard". architectural, engineering or surveying services, However including. 1. The insurance afforded to such additional in- a. The preparing, approving, or failing to pre- sured only applies to the extent permitted by pare or approve, maps, shop drawings, law, and opinions, reports, surveys, field orders, 2. If coverage provided to the additional insured change orders or drawings and specifica- is required by a contract or agreement, the tions, or insurance afforded to such additional insured b. Supervisory, inspection, architectural or en- will not be broader than that which you are gineering activities. required by the contract or agreement to pro- vide for such additional insured. WN GL 50 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc,with its permission. This exclusion applies even if the claims D. The following is added to the Other Insurance against an additional insured allege negli- Condition and supersedes any provision to the con- gence or other wrongdoing in the supervi- trary: sion, hiring, employment, training or monitor- primary And Noncontributory Insurance ing of others by that insured, if the This insurance is primary to and will not seek con- "occurrence" which caused the This injury" tribution from any other insurance available to an or "property damage", or the offense which additional insured under your policy provided that: caused the "personal and advertising injury', involved the rendering of or failure to render (1) The additional insured is a Named Insured any professional services by you with respect under such other insurance, and to your providing engineering, architectural or (2) You have agreed in writing in a contract or surveying services in your capacity as an en- agreement that this insurance would be pri- gineer, architect or surveyor, mary and would not seek contribution from C. With respect to the insurance afforded to these any other insurance available to the additional additional insureds, the following is added to insured. Section III—Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the con- tract or agreement, or 2. The Limits of Insurance shown in the Decla- rations, whichever is less. This endorsement shall not increase the applica- ble Limits of Insurance shown in the Declara- tions. W N G L 50 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc..with its permission. Policy No.CPP1037280 WN GL 39 07 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements, The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet.._......................................................... ....... ....._. . ....2 Property Damage Liability • Elevators ............. ........... 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception...............__.....,...,...........,............,,.3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence._. .. ....._...._................ ......... ........................................3 Supplementary Payments—Amended Bail Bonds Up To$5,000 .... . _ __..4 » Loss of Earnings Up To$500/Day ............ .. ..... . ........... ........... __._. 4 Who Is An Insured Amendments Employee Bodily Injury To A Co-Employee...... _...._....................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days. ..._..._......_ ......._.__..__......4 • Blanket Additional Insured—Vendors—As Required By Contract_..........................................4 Blanket Additional Insured—Lessor Of Leased Equipment ..................... ................................6 • Blanket Additional Insured —Managers Or Lessors Of Premises-. .._... .. .. .............................6 • Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision— Permits Or Authorizations_..................................._...,................,..7 • Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises...........................8 Damage To Premises Rented To You — $300,000.. . _. _. _... ............................ ...............................9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations .................. ... Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended..........._................. ... ........... __9 • Unintentional Failure To Disclose Hazards ...... . -.,9 • Waiver of Subrogation...... ............. . _ ._. ......._....,......,...... .. .,....,.. .,...,.,.............................10 Insured Contract Amended 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication,,,._............. ..................................,..........,....10 WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission, Page 1 of 10 W N GL 39 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any "insured con- COVERAGE A — BODILY INJURY AND PROPERTY tract" for the ownership, maintenance or use DAMAGE LIABILITY of aircraft or watercraft; or (5) "Bodily injury' or "property damage" arising A. Non Owned Aircraft Or Watercraft out of: Item 2. Exclusions, Paragraph g. is replaced by the (a) The operation of machinery or equip- following: ment that is attached to, or part of, a g. Aircraft, Auto Or Watercraft land vehicle that would qualify under the "Bodily injury" or "property damage' arising out definition of"mobile equipment" if it were of the ownership, maintenance, use or entrust- not subject to a compulsory or financial ment to others of any aircraft, "auto' or water- responsibility law or other motor vehicle craft owned or operated by or rented or loaned insurance law where it is licensed or to any insured. Use includes operation and principally garaged, or "loading or unloading". (b) The operation of any of the machinery This exclusion applies even if the claims against or equipment listed in Paragraph f. (2) any insured allege negligence or other wrong- or f. (3) of the definition of "mobile doing in the supervision, hiring, employment, equipment". training or monitoring of others by that insured, if B. Damage To Property Coverage Extensions the ''occurrence" which caused the "bodily injury" Item 2. Exclusions, Paragraph j. is replaced by the or "property damage" involved in the ownership, following: maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or 1 Damage To Property operated by or rented or loaned to any insured. "Property damage"to. This exclusion does not apply to: (1) Property you own, rent, or occupy, including (1) A watercraft while ashore on premises you any costs or expenses incurred by you, or own or rent, any other person, organization or entity, for (2) A watercraft you do not own that is: repair, replacement, enhancement, restora- tion or maintenance of such property for any (a) Less than 50 feet long; and reason, including prevention of injury to a (b) Not being used to carry persons or prop- person or damage to another's property, erty for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any per- the "property damage" arises out of any part son, who with your expressed or implied of those premises, consent, either uses or is responsible for the (3) Property loaned to you; use of the watercraft, (4) Personal property in the care, custody or (3) Parking an "auto' on, or on the ways next to, control of the insured, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured, WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc,with its permission. Page 2 of 10 (5) That particular part of real property on which Paragraph (6) of this exclusion does not apply to you or any contractors or subcontractors "property damage" included in the "products-com- working directly or indirectly on your behalf pleted operations hazard". are performing operations, if the "property damage" arises out of those operations, or The insurance provided for "property damage" from the use of elevators and for "property damage" to (6) That particular part of any property that must borrowed equipment is excess over any other valid be restored, repaired or replaced because and collectible property insurance (including any de- "your work" was incorrectly performed on it. ductible portion thereof) available to the insured Paragraphs (1), (3) and (4) of this exclusion do not whether primary, excess, contingent or on any other apply to "property damage" (other than damage by basis. fire, lightning, explosion or sprinkler leakage) to C. Damage To Premises Rented To You premises, including the contents of such premises,rented to you for a period of seven or fewer Item 2. Exclusions, the last paragraph is replaced consecutive days. A separate limit of insurance by the following: applies to Damage To Premises Rented To You as Exclusions c. through n. do not apply to damage by described in SECTION III — LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE. However, the provisions of this premises while rented to you or temporarily occupied paragraph do not apply if coverage for Damage To by you with permission of the owner. A separate Premises Rented To You is excluded by en- limit of insurance applies to this coverage as de- dorsement. scribed in Paragraph 6.of SECTION III —LIMITS OF Paragraph (2) of this exclusion does not apply if the INSURANCE. premises are "your work" and were never occupied, COVERAGE B — PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub- Paragraphs (3), (4), (5) and (6) of this exclusion do paragraphs b. and c. with the following: not apply to liability assumed under a sidetrack agreement. It. Material Published With Knowledge Of Falsity Paragraph (4) of this exclusion does not apply to "Personal and advertising injury' arising out of "property damage" to borrowed equipment while not being used to perform operations at the jobsite oral, written, televised, videotaped or electronic Subject to Paragraph 2. of SECTION III — LIMITS publication, in any manner, of material, if done OF INSURANCE, the rules below fix the most we by or at the direction of the insured with will pay for"property damage" under this provision: knowledge of its falsity. (1) $25,000 any one "occurrence", regardless of the c. Material Published Prior To Policy Period number of persons or organizations who sustain "Personal and advertising injury" arising out of damages because of that"occurrence", oral, written, televised, videotaped or electronic publication, in any manner, of material whose (2) $50,000 annual aggregate, and first publication took place before the beginning (3) We will pay only for damages in excess of of the policy period. $2,500 as a result of any one "occurrence", re- gardless of the number of persons or organiza- tions who sustain damages because of that "oc- currence". We may, or if required by law, pay all or any part of any deductible amount, if applica- ble, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — Vendors — As Re- E. Supplementary Payments—Coverages A and B quired By Contract Item 1. is amended by replacing Subparagraphs b. 1. Section II —Who Is An Insured is amended to and d.with the following. include as an additional insured any person(s)or 5,000 for cost of bail bonds required be- organization(s) (referred to throughout this b. Up to $ ol endorsement as vendor) with whom you have cause 5 accidents traffic law violations be- ing out of the use of any vehicle of which the agreed in a written contract, executed prior to Bodily Injury Liability Coverage applies. We do loss, t name as an additional insured, but only r not have to furnish these bonds. with respect to "bodily injury" "property damage" arising out of"your products" which are d. All reasonable expenses incurred by the insured distributed or sold in the regular course of the at our request to assist us in the investigation or vendor's business. defense of the claim or "suit", including actual However, loss of earnings up to $500 a day because of a. The insurance afforded to such vendor only time off from work applies to the extent permitted by law, and b. If coverage provided to the vendor is SECTION II —WHO IS AN INSURED AMENDMENTS required by a contract or agreement, the insurance afforded to such vendor will not A. Employee Bodily Injury To A Co-Employee be broader than that which you are required Paragraph 2. a. (1) is replaced by the following: by the contract or agreement to provide for (1) "Bodily injury" or "personal and advertising such vendor. injury": 2. With respect to the insurance afforded to these (a) To you, to your partners or members (if you vendors, the following additional exclusions are a partnership or joint venture), to your apply. members (if you are a limited liability com- a. The insurance afforded the vendor does not pany), or to your other "volunteer workers" apply to: while performing duties related to the con- 1 "Bodilyinjury" or "property dams e" for duct of your business, ( ) l ry g which the vendor is obligated to pay (b) For which there is any obligation to share damages by reason of the assumption damages with or repay someone else who of liability in a contract or agreement. must pay damages because of the injury This exclusion does not apply to liability described in Paragraph (1) (a) above, or for damages that the vendor would have (c) Arising out of his or her providing or failing to in the absence of the contract or provide professional health care services. agreement, B. Newly Acquired Organizations (2) Any express warranty unauthorized by Paragraph 3. a. is replaced by the following: you, a. Coverage under this provision is afforded only (3) Any physical or chemical change in the n product made intentionally by the until the 180 day after you acquire or form the vendor, organization or the end of the policy period, whichever is earlier, (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Ina,with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course of business, in connection with the If coverage provided to the vendor is required by distribution or sale of the products, a contract or agreement, the most we will pay on (6) Demonstration, installation, servicing or behalf of the vendor is: repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement, or premises in connection with the sale of b. The Limits of Insurance shown in the the product, Declarations; (7) Products which, after distribution or sale whichever is less. by you, have been labeled or relabeled or used as a container, part or This endorsement shall not increase the ingredient of any other thing or applicable Limits of Insurance shown in the substance by or for the vendor; or Declarations. (8) "Bodily injury or "property damage" 5. With respect to the insurance afforded to these arising out of the sole negligence of the additional insureds, the following additional vendor for its own acts or omissions or exclusion applies those of its employees or anyone else This insurance does not apply to: acting on its behalf. However, this exclusion does not apply to: a. "Bodily injury", "property damage" or (i) The exceptions contained in "personal and advertising injury" arising out Subparagraphs(4) or(6), or of the rendering of, or the failure to render, any professional architectural, engineering (ii) Such inspections, adjustments, tests or surveying services, including: or servicing as the vendor has 1 The re arin approving or failingto agreed to make or normally ( ) prep g' p g' undertakes to make in the usual prepare or apprr ove, maps, shop course of business, in connection drawings, opinions, reports, surveys, with the distribution or sale of the field orders, change orders or drawings products and specifications, or 3. This Provision C. does not ap (2) Supervisory, inspection, architectural or a. To any insured person orr y organization from engineering activities. whom you have acquired such products, or This exclusion applies even if the claims any ingredient, part or container, entering against an additional insured allege negligence or other wrongdoing in the into, accompanying or containing such products; supervision, hiring, employment, training or monitoring of others by that insured, if b. To any vendor for which coverage as an the "occurrence" which caused the additional insured specifically is scheduled "bodily injury" or "property damage", or by endorsement; or the offense which caused the "personal c. When liability included within the "products- and advertising injury', involved the completed operations hazard" has been ex- rendering of or failure to render any cluded for such product either by the provi- professional services by you with sions of the coverage part or by endorse- respect to your providing engineering, ment. architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 5 of 10 D. Blanket Additional Insured — Lessor Of Leased 4. With respect to the insurance afforded to these Equipment additional insureds, the following additional 1. Section II —Who Is An Insured is amended to exclusion applies: include as an additional insured any person(s) or This insurance does not apply to: organization(s) from whom you lease equipment a. "Bodily injury", "property damage" or when you and such person(s) or organization(s) "personal and advertising injury" arising out have agreed in writing in a contract or of the rendering of, or the failure to render, agreement, executed prior to loss, that such any professional architectural, engineering person(s) or organization(s) be added as an or surveying services, including: additional insured on your policy. Such (1) The preparing, approving, or failing to person(s) or organization(s) is an insured only prepare or approve, maps, shop with respect to liability for "bodily injury", drawings, opinions, reports, surveys, "property damage" or "personal and advertising field orders, change orders or drawings Injury" caused, in whole or in part, by your and specifications, or maintenance, operation or use of equipment leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or monitoring of others by that insured, if the b. Will not be broader than that which you are "occurrence" which caused the "bodily required by the contract or agreement to injury" or "property damage", or the offense provide for such additional insured, which caused the "personal and advertising A person's or organization's status as an addi- injury", involved the rendering of or failure to tional insured under this endorsement ends render any professional services by you with when their contract or agreement with you for respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not ap- surveyor. ply to any "occurrence" which takes place after E. Blanket Additional Insured — Managers Or Les- the equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section II —Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) or Section III—Limits Of Insurance: organization(s) with whom you have agreed in a If coverage provided to the additional insured is written contract, executed prior to loss, to name required by a contract or agreement, the most as an additional insured, but only with respect to we will pay on behalf of the additional insured is: liability arising out of the ownership, a. The minimum amount required by the maintenance or use of that part of the premises contract or agreement; or leased to you, subject to the following additional I The Limits of Insurance shown in the exclusions Declarations; This insurance does not apply to, whichever is less. a. Any "occurrence" which takes place after This endorsement shall not increase the you cease to be a tenant in that premises. applicable Limits of Insurance shown in the b. Structural alterations, new construction or Declarations. demolition operations performed by or on behalf of such additional insured. WIN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission, Page 6 of 10 However F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or Politi- insured only applies to the extent permitted cal Subdivision —Permits Or Authorizations by law, and Section II — Who Is An Insured is amended to in- I If coverage provided to the additional clude as an additional insured any state or insured is required by a contract or governmental agency or subdivision or political agreement, the insurance afforded to such subdivision with whom you have agreed in a written additional insured will not be broader than contract, executed prior to loss, to name as an that which you are required by the contract additional insured, subject to the following or agreement to provide for such additional provisions: insured. 1. This insurance applies only with respect to op- 2. With respect to the insurance afforded to these erations performed by you or on your behalf for additional insureds, the following is added to which the state or governmental agency or sub- section III— Limits Of Insurance: division or political subdivision has issued a If coverage provided to the additional insured is permit or authorization required by a contract or agreement, the most However: we will pay on behalf of the additional insured is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or whichever is less. agreement, the insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations. insured. 3. With respect to the insurance afforded to these 2. This insurance does not apply to: additional insureds, the following additional a. "Bodily injury", "property damage' or "per- sonal and advertising injury" arising out of This insurance does not apply to: operations performed for the federal govern- a. "Bodily injury", "property damage" or ment, state or municipality, or ..personal and advertising injury" arising out b. "Bodily injury" or "property damage" in- of the rendering of, or the failure to render, cluded within the "products-completed op- any professional architectural, engineering erations hazard". or surveying services, including. 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section III —Limits Of Insurance: drawings, opinions, reports, surveys, f coverage provided to the additional insured is field orders, change orders or drawings required by a contract or agreement, the most and specifications; or we will pay on behalf of the additional insured is: (2) Supervisory, inspection, architectural or engineering activities. a. The minimum amount required by the contract or agreement, or This exclusion applies even if the claims b. The Limits of Insurance shown in the against an additional insured allege negligence or other wrongdoing in the Declarations; supervision, hiring, employment, training or whichever is less. monitoring of others by that insured, if the This endorsement shall not increase the .'occurrence" which caused the "bodily applicable Limits of Insurance shown in the injury" or "property damage', or the offense Declarations. which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WIN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators, or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law, and or surveying services, including: b. If coverage provided to the additional (1) The preparing, approving, or failing to insured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications; or or agreement to provide for such additional (2) Supervisory, inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section III—Limits Of Insurance: negligence or other wrongdoing in the If coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement, the most monitoring of others by that insured, if the we will pay on behalf of the additional insured is "occurrence" which caused the "bodily injury" or "property damage", or the offense a. The minimum amount required by the which caused the "personal and advertising contract or agreement, or injury", involved the rendering of or failure to b. The Limits of Insurance shown in the render any professional services by you with Declarations; respect to your providing engineering, architectural or surveying services in your whichever is less. capacity as an engineer, architect or This endorsement shall not increase the surveyor. applicable Limits of Insurance shown in the Declarations. G. Blanket Additional Insured — State Or 3. With respect to the insurance afforded to these Governmental Agency Or Subdivision Or Politi- additional insureds, the following additional cal Subdivision — Permits Or Authorizations Re- exclusion applies: lating To Premises This insurance does not apply to: Section II — Who Is An Insured is amended to in- a. "Bodily injury", "property damage" or clude as an additional insured any state or "personal and advertising injury" arising out governmental agency or subdivision or political of the rendering of, or the failure to render, subdivision with whom you have agreed in a written any professional architectural, engineering contract, executed prior to loss, to name as an or surveying services, including. additional insured, subject to the following provision (1) The preparing, approving, or failing to 1. This insurance applies only with respect to the prepare or approve, maps, shop following hazards for which the state or drawings, opinions, reports, surveys, governmental agency or subdivision or political field orders, change orders or drawings subdivision has issued a permit or authorization and specifications; or in connection with premises you own, rent or (2) Supervisory, inspection, architectural or control and to which this insurance applies: engineering activities. a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures, or WIN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc,with its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the "occurrence" which caused the "bodily Item 2. Duties In The Event Of Occurrence, Of- injury" or "property damage", or the offense fense, Claim or Suit is amended by adding the fol- which caused the "personal and advertising lowing: injury', involved the rendering of or failure to e. You must give us or our authorized representa- render any professional services by you with tive prompt notice of an 'occurrence', claim or respect to your providing engineering, loss only when the "occurrence", claim or loss is architectural or surveying services in your known to: capacity as an engineer, architect or (1) You, if you are an individual. surveyor. (2) A partner, if you are a partnership, SECTION III — LIMITS OF INSURANCE AMEND- (3) An executive officer or insurance manager, if MENTS you are a corporation; or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph 6. is replaced by the following liability company. 6. Subject to Paragraph S. above, the most we will B. Other Insurance pay under Coverage A for damages because of Item 4. Other Insurance, b. Excess Insurance (1) "property damage" to any one premises, while (a) (ii) is replaced by the following rented to you, or in the case of damage by fire, (ii) That is fire, lightning, explosion or sprinkler leak- lightning, explosion or sprinkler leakage, while age insurance for premises rented to you or rented to you or temporarily occupied by you temporarily occupied by you with permission of with permission of the owner is the greater of: the owner, a. $300,000, or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the Decla- following: rations. 6. Representations And Unintentional Failure However, the provisions of this paragraph do not To Disclose Hazards apply if Damage To Premises Rented To You a. By accepting this policy, you agree: Coverage is excluded by endorsement. (1) The statements in the Declarations are B. Medical Expense Limit accurate and complete, Paragraph 7. is replaced with the following: (2) Those statements are based upon 7. Subject to Paragraph S. above, the most we will representations you made to us, and pay under Coverage C for all medical expenses (3) We have issued this policy in reliance because of "bodily injury" sustained by any one upon your representations. person is the greater of: b. If you unintentionally fail to disclose any haz- a. $10,000, or ards existing at the inception date of your b. The amount shown next to the Medical Ex- policy, we will not deny coverage under this pense Limit in the Declarations. Coverage Part because of such failure. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exer- Medical Expenses is excluded either by the pro- cise our right of cancellation or non-renewal. visions of the coverage part or by endorsement. WIN GL 39 07 15 Includes copyrighted material ofthe Insurance Service Office, Inc„with its permission, Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item S. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of Paragraph 9. a. is replaced by the following: the following. We waive any right of recovery we may have be- a. A contract for a lease of premises, However, cause of payments we make for injury or damage that portion of the contract for a lease of prem- arising out of your ongoing operations or"your work" ises that indemnifies any person or organization done under a written contract, executed prior to loss, for damage by fire, lightning, explosion or sprin- requiring such waiver with that person or organiza- kler leakage to premises while rented to you or tion and included in the "products-completed opera- temporarily occupied by you with permission of tions hazard"- However, our rights may only be the owner is not an "insured contract", waived prior to the "occurrence" giving rise to the B. Personal And Advertising Injury Redefined injury or damage for which we make payment under Paragraph 14. d. and e. are replaced by the follow- this Coverage Part. The insured must do nothing ing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us d. Oral, written, televised, videotaped or electronic and help us enforce those rights. publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service, e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy, WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc„with its permission, Page 10 of 10 Policy No.CPP1037280 COMMERCIAL GENERAL LIABILITY WNGL490715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sion applies. tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. "Bodily injury", "property damage"or"personal that such person or organization be added as an and advertising injury" arising out of the ren- additional insured on your policy. Such person or Bering of, or the failure to render, any profes- organization is an additional insured only with re- sional architectural, engineering or surveying spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, 1. Your acts or omissions, or opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; dons, or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured, engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negli- operations for that additional insured are complet- gence or other wrongdoing in the supervision, ed. hiring, employment, training or monitoring of However others by that insured, if the "occurrence" 1. The insurance afforded to such additional in- which caused the "bodily injury" or "property sured only applies to the extent permitted by damage", or the offense which caused the law; and "personal and advertising injury", involved the rendering of or failure to render any profes- 2. If coverage provided to the additional insured sional services by you with respect to your is required by a contract or agreement, the in- providing engineering, architectural or survey- surance afforded to such additional insured ing services in your capacity as an engineer, will not be broader than that which you are re- architect or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.. 2. 'Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after. Condition and supersedes any provision to the a. All work, including materials, parts or contrary, equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than ser- This insurance is primary to and will not seek vice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- sureds) at the location of the covered available to an additional insured under your operations has been completed, or policy provided that: I That portion of "your work' out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance, and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing op- primary and would not seek contribution erations for a principal as a part of the from any other insurance available to the same project. additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions, whichever is less, This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 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