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HomeMy WebLinkAboutPK18-291 - Original - All Around Fence Company - Contract - 7/12/18 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. E] Blue/Motion Sheet Attached E] Pink Sheet Attached Vendor Name: ALL AROUND FENCE COMPANY Vendor Number (JDE): 33539 Contract Number (City Clerk): Category: Contract Agreement ........ ..... .. Sub-Category (if applicable) Project Name: Fence Maintenance & Repair - 27711 Trail, West Fenwick Park, Kiwanis #3 and Kent Memorial Park Shelter. Contract Execution Date: 7/12/18 Termination Date: 9/30/2018 Contract Manager: Quientin Poil Department: Parks Contract Amount: $ 6,229.30 Approval Authority: El Director LJ Mayor F1 City Council X Parks Superintendent Other Details: SUDDIV labor and materials for fence maintenance at four (4) City of Kent locations. '"` KE N T PUBLIC WORKS AGREEMENT between City of Kent and All Around Fence Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Around Fence Company organized under the laws of the State of Washington, located and doing business at 14323 161h Street East, Sumner, WA 98390-9633, Mailing address: P.O. Box 1029, Ravensdale, WA 98051-8101. Contact: Ron Dagley, Phone: 253-863-4895, Fax: 253-863-0704 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Supply labor and materials for fence maintenance at four (4) City of Kent locations. 2771h Trail, Kent WA - Repair and replace handrail, including the tear-out and haul away of materials as needed. West Fenwick Park, located at 3808 Reith Road, Kent WA. Repair and replace all 4 foot black chain link fence - approximately 200 feet +-, add top rail and ties as needed. Kiwanis #3, located at Alexander Street between East Chicago and East Seattle Streets, Kent WA. 80 feet - reuse old wire and repair - use parts from existing tear out. 140 feet - all new except slip over old J & H posts. Tear-out and haul-away of materials as needed. Kent Memorial Park Shelter, located at 850 Central Ave No, Kent WA. Repair tree damage on 5 +- feet of galvanized fence with materials as needed. Tear-out and haul-away of materials as needed. All work as described in Proposals/Contracts dated 05/25/2018 attached and marked as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by September 30, 2018. PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed SIX THOUSAND TWO HUNDRED TWENTY NINE DOLLARS AND THIRTY CENTS ($6,229.30), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Ppy..ment and PerLormance_Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage.. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Un LLtt rized_mV.—rlt. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Filial Payment:_,—Waiver of_.Clairol i. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F, The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G, The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C, The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, PUBLIC WORKS AGREEMENT - 3 ($20K or Less and Na Performance Bond) the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Cia.i..n1. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Ccln ractor`g-.a! y to Complete Protested trwlork. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure._to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. ftecyclag1gMaterials. 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 Dispgtes..Ai g[. aipy rnin_g 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; pfovi'ded,, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Writtecl__ otice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public_ ecords Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. city ..Business License Reguirgd. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts.-and-.Signatures by Fax or HWmail. 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. _ -- .. ............ CONTRA R: CITY F KENT: By:_ I _.._..,_.... _..._ By 71; -...... tu ................._. -ig�iCirr (signare) Print e: ( y " �,F Print ame: Garin Lee, Its . _ _......- Its: Superintendent, Parks Operations DATE:_ _ . . M ................. DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ron Dagley Quientin Poll, West Operations Supervisor/City All Around Fence Company Arborist P.O. Box 1029 City of Kent Ravensdale, WA 98051-8101 220 Fourth Avenue South Kent, WA 98032 (253) 863-4892 (telephone) (253) 856-5127 (telephone) (253) 863-0704 (facsimile) (Z53) 856-6120 (facsimile) PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) PUBLIC WORKS AGREEMENT 8 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: cI,LV�E D Title C ?4... _.. W... EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as _ .m .. ........ 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 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (05/25/2018), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. ALL AROUND FENCE COMPANY By• ..... — ...__.._ _.. _ ..... Signature of Authori ed Official* Printed Name: " ' t Title: � . ..,_ Date: ao t '... ..... City and State: u_._.�I h � ) .._. �A✓r a...- *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 EXHIBIT A IA i' it I I AJ Estimate Date 05125120 D3 Time Fstirnator, Ban rl lieherred by_ T PROP OS O AL / CC" RACT Customer' 277" Trail coiro No,At(A RAF S39[FS Contact Name: Quientin Poll ....... Phone 41: 253-356-5127 Phone 42: 253-856 5 120 . ................ Forail: qp�pj�(,_t? Te.n,L_vva..yov Email #2: ... ................... o . . .. .......... Site Address: . .........— C I Ly: li Zip: Billing Address. ...........- City: Zip: Directions: Chain Vri ek r Q Wood Link Footage tagp f 11 0,S TS: 5-ill flAa m Splc" top Rail Middle Kab Bottom Rad loim,ion Wire I Standard Estaye III:it III i 1 1 1 11 li; I Tj Fuil Panel NOTFS. c L-e 5- il e'!(' ill I Plicnire France ly k I Onicc., J13e Only it- Ii Ukland Lattice Top Custom ­­ �7M GATES: I vv� No oJ1 Shoo I T,l a U I U ,Walk Gate ,' THT�CONIRACT A SUti TO Tiff 'FRMS AND rWIDITIONS PRINIFID ON DIF (EVIFIR SE "IDIF AND AIR F VAN F A T I I MF OF BY T1 111 Single Drive , V ,RI.FFUNCE t Double Drive WF PROPOsE herehybri birin I ia ej,lai In whih the Price. above 1peuifications, Ila tax: Hillside Authorized by: (IrAppi""hi") NON propo , may. rhis sfl h withdrawn Roll Gate by 1.9 1 r, at,,-Avtko;--T"rty(30)itly", Total. ............ _fl�e_jiricel specifications and BATear -0Ug conditions are sains actory and are hereby accepted these prices subject to C le a ri ri , t "';s'-H a Ul-Away �ccrnjuanry audit btl installation, Customer signature! TERMS: Payment due upon receipt of invoice. We accept checks,money orders and,for a fee,credit cards. li RESPONSIDti:eon.,SPIUNKII Litl- Customer is responsible to mark utility locations. �lh r e iU r, i 4 j r ; r o r r Y� � 4 � s m�! y, fW J; N r y r a J N. A t% 'Cot It I r I 1 i7%Jl' r I upr �1rr,� i PI i � h r G rod ✓r 4+ III I i I r; III IQ „r 9�f1 a 1< IN �r r Vr w i i i 1 1 �i fr I i a t� I 1 h w� i I ti�.e,�Ni�Y � � ilk � ''rN "m � �6�i � a�4lriu`�i"�;�I„l ✓ °SIP � `t� � i �� ���r �)' . i✓r���'ry���l'mY�y��rY� .r r i i� � i�' � / � � � �'f I �I�Y� �iu ����✓Y i�✓� F�ruiN�Y! i +X i ✓ihl �Y� � q y �Ilil�� irr x+ 4 I �N i N Y N/ i 'fp � wNl � I f Nv' i. y, Y pyukt AA I-Around Fence Cc), Estimate Date: 05/25/2018 Time: d ' ucem>d + f3ond c 'nsured ,i ,,sdaie tA9sosi-etor Estimator: Ron �r on (2r,3i 8 cd-113% Fa- r2 31 as3-o7e4 Referred by: Emai aliaroerdfwr �.,snC�m """. """"' — .. r"IC E vA,vv,a I zi rcuralinnc�,�fa.c.3r-r, I�ROPOSALL ; rONTPACT License No.ALLARAF839KS Customer: West renwick Contact Name: Quientin Poil ....., _ _...... Phone#1: 253-856 5127 Phone#2: 253 856-5120 Email: IICleei tw7v.... Email #2: Site Address City: Kent Zlp: Billing Address City: Zi _.. _ p Directions: f, Chain Vinyl e __ Wood Link p/i Other F ootage ......_ gt7t" I, -.. t.1 7 a $a rzL` " 77a't'S POSTS .., „)rrpp Terminal i ' 3{6 ... ,,,,, .. _ Lt. i�j1.L° dKF,r�' +;.. r e�'.F ',�L.✓• a . . Line " -- - - Gate A dR , Material Specs Top Rail .... ` G 'b''�I'Q .. .. Middle Rail - _.... Bottom Rail I Sid '..`"•YA'* `F0 Tension Wire A ❑ Standard Estate o ; u Full Panel NOTES: Office Use Only ❑ Picture Frame .... ._ ....... ..... M/D Li Kirkland __.. n Lattice Top nn D u ...,..,.. —. n Custom -- .. __....__ _._ ...._,.� GATES: I.W E DO NOT PAINT OR STAIN., .. snap rm,, MDU Walk 2.THIS CONTRACT IS SUBJCCT TO THE TERMS AND CONDITIONS TED Single Drive 3W REVERSE SIDEPROPOSE hereby ARE MAtokDE PART HE and BYb HIISoREFFI REFERENCE ENn accordance dao e with the M/0 .m..._ ... Double Drive Price. above Specifications. - Hillside /ft�} Tax: ., Authorized by: "P (If Applicabiel Roll Gate 'usli -- _ _".. NOTE:This proposal may be withdrawn by us it na accepted within thirty(30)days. TOYaI; ❑ Clearing The prices,specifications and conditions are satisfactory and are hereby accepted. These prices subject to ❑ Tear-Out ❑ Haul- Way company audit before installation, Customer Signature. Date: TERMS:Payment due upon receipt of invoice.We accept checks,money orders and for a fee,credit cards. NOT REspoy_suii.E FOR,SPIONKLER LINES•Customer is responsible to mark utility locations. / a m 7V,, , k 6 �u✓4,yp µ* a M�� ry p ff q arrv4"✓Y,rrl14P� + r Mpu� , I d �Y � � �';, �{ VVVVVq ✓� r, A ,y x✓/ti= �" n li��� ioYjr � 0 / t N ✓!�, ✓ iwtE "k�q ¢¢ y i✓r m up %fir ✓u /i "/,�� J/ i P) ✓ l//� Y� ✓ i ur lei^ °���/ a J ����I ✓✓�lY /n ^"" ✓I U1� +i'r ✓ i �/ �fv. / ;, ✓✓ /�f,lb/viN�/A /ynJ/V���ylhl ��,✓ � 1✓ 1�Ilr! f r�j�'i`"i - �, °d� ✓ a a �a '"k 111111ifffn6 /of,'➢, ; 9f"a/rf r /� �n✓,, gun /✓ 4 rc JL t ; �u Afi f if „ r , Estimate 1 ()5/2 5/2 011, T nw: .Q,-�"' 4PAN v"r j 1,j Estimator: Ron 'mQReferred by: FENCF C 3'� Ufa, ,r PROPOSAL CON TRACT License No A[I ARAT-s-i"KS Customer: KW 43 ....----- Contact Name: Quientin Poll Phone 253-856-5127 Phone 42: 253-856-5120 Erri 11L)011&f)mtw�1�"oy Ernail 42: Site Address: City: Kent Zip: Billing Address. City: Zip: Directions: Chain Vinyl c Wood Link 0/i Other 01, L...... .......... 22-) J ly floi'lit L C"Po r5 y 0 'C'nniral ,j GMe Top Rail MMiddk, Rail Bo(foin Rall Ten siun Ohre 1 .S 51-lard F,tape Full parm NOTES . ..... ................. Ofhc��Use Orly Piclure Frame ........... M/D iKirkland .................................... ........... I Cu"iionri .............. GATES: 1 WEpPTNOT PAINJI OR SI MIN ........ Silo[) Now N'lDu Walk Gate 12, THIP,C0urRA(F P>sURjLj-i TO T11F TFRMSANO CONDOIOW PRIN]FD ON THF. R[VFRs[-1,11i ANDAW MAM A PART HlRFM RY MIS RFFFRENCI. Siri Drive 3,TAII PROF'Off hereby To fiirjjjciri itemkand laboi, in�cccwdviresvhh the� Price Double Drive Hillside Aii Poll Gate NOT r:I by kv,if not a a tsked within thirty(10)days, Total .............. Clearing The prices,specifications and conditions are satisfactory and are hereby accepted. These prices Subject to Ojear-Out .Haul-Away cornpany audit i installation. Custornrr Signalurr.% TERMS: Payment due upon receipt of invoice. We accept checks,money orders and,for a fee,credit cards. NOT RESPONi FOR SPIFUNRILER LINES-Customer is responsible to mark utility locations, - --------- A ✓ Pr �� PP IT 'Sd ' '/ l x Q ✓ 11; ✓ /' gyp''�^A '"�S�N r / j✓f��/ / i w M1, C E { �•" J SIP 2jJ�.�' r P""�✓� f�` //ii r%//��ij�//%/�� / / wm ea/m y�,� r It n ry d 4� ""x cl ✓ wa , � a+ r��r. ,� G✓�� e^r �i°.� ✓ � d / * H`ui a J' �� � .p(#� �r � m ,nG4Y r Sw.,�W� R4,� r�t� �"✓ '�^�.. t'M i 7i ..,u N Yti M X } .✓ Q, �y. T Wr� � /1W? •� Y+i Wn , n xis R N V i �w N ,J„44+.)'6w)7 � � ✓��'Ki� Pd�1! !'� r �� � x fp J��r � �pb Wx,��?9��x' W�i �I .!je iSi 'hM ,�G y.�! fj � br;� ✓'0 M Ml ✓ x 4a •�li a arc" a'�.�. i �r4 ti`���, ,� i d� r : r ji �u 4M, r� fi xi r�"1yit ✓ y 9H'�d"� ..i '� 'v i � p r " r � fi A M Mvgv� 0.' �+� pe i J ✓ �� ��l?n.� �("'� .+ a JP, mf A " F b d�° fig d q � r(% h�G %,✓�:Jr T � d r.1 d % i , R by n I( of r%rm 1 hi rS,9M�%! rf YPn g h f /rr,. I ,, P �rf xN r f% 04 "Imdrww, fv ✓� " p a YL" �, ,� ,>r ,,,,r�,"dl�.. (Yp��� wrm.� ✓r�� �� f�1L�6'/�Y� 6;�'�iv'%vl�r, � nJ fff rua�rwa i7 4 ce / i my hww t7Ku✓�,aa.e� �N,i % IFi NJM1, " u 1� then ,,j ence Co. c .� iPal �r, rrs rl �r,rroca dp insured Estimate Date µ m 1 sox 101?g r win I "` YRav" 'l (YS�7�ry;018 e a n"rr (,Ci,0 t4-1 spa .WA 90cpfy-nipt Estimator: � _ ,. Time C'-Ell�C t^ `' d m sii.nri;rwri pd {t" erns✓r a;ur?I dfa 3 0704 Ron CF, r)jg Referred by: _ ... uvar�. 7Gd r°¢>aerndfanceWa Customer .cams KMP Shelter PROP-0 SAL / CO Contact Name; "" TOACT Phone #1. Quientin Poll -- Lice nse No, ALLARAF839KS 253 856-51Z7 Email d�a ttSwy<7 ¢yv Site g Address:Address: Ph � #2 one_ 253 856-5120 ` Billin Add Email #2: Directions; City. Kent City: .__ .. .. .._ , , zip: Af V Zip Ocher Chain ^-w------ Wood Vine, gy.�� Footage.... -.-... , Link o/; .... 1 -. . _ h ° � ItK ... POSTS: .. �. Terminal , C:. Line Z�~� _ 9 � C3 Gate fs 3 h�Q Material specs - - .. Top Rail Middle Rail -bda �d.,/ q l " .. BottomFo,, J. Tension Wire. .. '. . . 4 Sflcilndard Prsl,rtr^ .. ... .`."". . 2 Full Parro j PrCtrarr. a' t�tlurrta NOTES Kirklartrl �.-_ ttic x"crpt - _ Pfir:e U es( rNYµ CustorrN Mffa GATES; Walk CiP wl:i p wur an / /U aae iNr rasa s�SIN .._ Single Drive a car PRaan ANO F 9— b'V rl Io t D _ IJ ru 11 RJ15rIS ,LD j'!{Y 4AtN{.rL Eer M�".TEHp�w1 n ArVID d" I Double PraRs' t Nnn ILtNs Pf?Ilu r(dr oN THE I snov r"�mF Drive NJR'f.FYd BenrIrFd,dd d3V Tlfdh R+RhF f Mio _..�.� -- Hrll5lde Autnori e✓1h 1°mate,rr ara iadrrr RIl lCC a ibaie*P uatirini cpt "PPe�fl , ire Aft n� ' Rol! Gate lSr,ce with the �i zed 6y Pnce INOTP This ' TaxC'Ifedl'iFt ✓ _ Proosalana V be withdrawn� hlcome ce specrficatronstallation .. ptedwain thin hITbe rn - il ifnotacce .� n. 4S yy Fl uAWay pant'audit before Ins and d'iCr�arbrs are . Y(30)day, " B satisfactor d are hereby acce ted Total P ih ese prces subject to ----. Customer Signature• TERMS; Payment du e upon receipt of invoice We adept checks, ,_ Oate NOT HtsSt(Jrestm�r P()a,rLPRNNARtfFt tpNtS ^ Cus w w-... .. _ money orders and,for a fee credit cards. - .-. tourer is res ""-- ' Ponsible to mark ubllr„I.. _ is ii }� V„ v r �. F y Mlr rV M � r Page 1of1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 6/6/2018 Count Trade Job Classification Wa eHolidayOv_e_rtimeNote King Fence.Erectors Fence Erector $15.18 1 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 6/6/2018 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agrecment, 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. 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. Commercial General Liability insurance shall be written on ISO occurrence forms 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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 CO 20 10 11 85 or a substitute endorsement providing equivalent coverage,. 2, 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 fear bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written Aith limits no ess 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 follcwi.ng provisions for Automobile Liability, Cournescial General Liability and Builders Risk insurance: The Contractor's insurance coverage shall be primary insurance as respect the City, Any.insurance, self-insurance, or insurance Poo coverage maintained by the City skull be excess of the Contractor's insurance and shall not contribute with it, 2. The Conuactor's insurance shall be endorsed to state that coverage shall not be cancelled by either paz-ty, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage fzom any cause whatsoever to .any tools„ Contractor's employee owned tools,machinery, equipment, or motai vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIL F. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file wirt,the City a copy of the Builders Risk insurance policy that includes all applicable conditions exclusions, definitions, terms and endorsements related to this project. G. 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. CEf" IFICATE OF LIABILITY INSUf.I DATE,MM/DIIYYYY( N 12/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES E S NOT AFFIRMATIVELY OR NEGA 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 INS the po..11Dy(p@aj must be ande�rsad, I1 SUBROGATION qS WAIWED, su )jac[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 andomemant(a). PRODUCER _ A Cari MaC101@k, ACSR Ball Anderson Agency, Inc, pHONE _- 'FAY- -- .._ ....�,,.,.. (425)291 5200 fa+C Nnr (425(291 5100 600 8w 39th St, Suite 200 hDoF�59 carim@bell-anderson.com Renton WA 98057 .._.._,.,, _YNSURLl1iSp ArrpRDING COVERAGE NAICr -_ -. .... ........_.,, .. .,,,...., ......... .._. IN91RERA Continental Western Ins. Co 1p804 INSURER B 1 A1 Around Fence Company .., ,,.,... _.... '....... .,,, INSURER .. PC Box 1029 . INSURER D INSURER[ Ravensdal@ WA 98051 .. INSURE"If COVERAGES CERTIFICATE NUMBER CL17 12 12 62 5 9 c REVISION NUMBER THIS IS TO CER IFY II IAT PIPE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 711E INSJRL(') NAMED ABOVE FOR fFIE POLICY PERIOD INCICATED NOTRM THSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICAII- MAY 6E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HIREIN IS SUBJECT TO ALL THE 'TERMS EXC WSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS NIIA,Ifll'pE OF INsu RANGE POUCH EF"s POLICY EiP .... ,,, INNn WNV _, POLICx MCMBER PMMJDYVYYYYd fMNVOWYYTYI OMITS X f COMMERCIAL,GENERAL LIABILITY !/ru ppDURRLNUE y 1,coo,000 $ _ IAIM'MADE % lull I11t , w5E5 jEu aNµ f 300,000 A Y CeA60 G961222 12/1/2017 12/1/2018 MEDE (P10 P R9QNAA.&AUV INJURY 5 1,000,000 hl Iv AmF rAll n nPPUI ^Er GENERAL nccREGA TE S 2,000,000 r,r+ra ., ...__.. .�__. __. I uI Iw �T Je7- Lac - - PRouucrs-ccmproFaGc s 2,000,000 5 ,A1970MOadLE UABML.IYY , � I' . 1E4 7gny _.. $ 1,000,000 B ANY Abn x" F A ,• Al DfNNED I. 6DOLLYIN,IJRY(F e,py ( t ^CHI "III )IAU TUS AUTOS _ E Y ceA602961222 12/1./2U3� 12/L/2019 BODILY M.J.UR,v. (F xUaarn 5 w _ " NON ONMEO Ilse{:CIO Lru'i JAUT)41 �, � f IR�kAQCi IY MADE ,_, .... ... . .,_r ._.. RUMBRELLA LAB OCCUR ~ IA(I O (,12R LF! A EXCESS LIAR „-CLAIMS MADE .. ., A( l HI(lAii 2,000,000 . I DIED ^ X PSLP P.hRY01YJ5 10 ODO I � CPA602961222 12/1/2017 12/1/2010 � � YroRKERS CONPENSATgN �', �_ ^AND EMPLOYERS LJABILJTY IF H ANY Yi N 5 SITU_ FR _ 0FRCERMEMBER PARTNERIEXECJnve TAT - HA___A.IJIU[NT $11 1,000,x000 A CYA6029612[2 12/L/2011 1L/1/1019 M GA IA LM64OYLkIb I MppugatoryEn NH) EXCLUDED"+ -NIA' 1,OOOy DOd t&MESbIRIIW'PICN Op(M rk'd.nTIr,ONg gpryw wA sgm,F, c,P 1 In In„FC.{(y,,,rL"r�IMIT, s 1 q00, 000 DESCRIPTION OF OPERATIONS!LOCATIONS F VEHICLES (ACORO 101,AJtlaiwul Remarks SCNeEule,mry W rttacNM R more 4pAce 1�requlrtd) The certificate holder is additicnal insured per the attached andorsement #CLCG0529 0916, #CLCG2071 0916 and MCLCA0149 0215, Waiver of subrogation par the attached endorsement *CLCG0492 0916 and #CLCA0149 0215, Primary S non-contributory coverage per the attached endorsement $CLCGO529 0916 and IICLCG2071 0916. CERTIFICATE HOLDER CANCELLATION 3odavis@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EKent, nt THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tenance ACCORDANCE WITH THE POLICY PROVISIONS. reation S Community Services Avenue South AUTIOR¢ED REPRESENTATIVE 96032 Jason Webb/CEYi - -'a-a-- --� ©1988-2014 ACORDCORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I N5D2S,gin-dn„ COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS r Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds ncluded - _ 1.. — C. Knpected Or Intended Injury Or Damage -included D. Le al Liability Occurrence —owledge O' Included g y Damage To Premises Rented To You (Fire Lightning $300,000 Explosion Smoke, Or Leakage From Automatic Fire Protective S�steMsJ E Medical Payments $10 000 F. Mobile Equipment Redefined ncluded G. Newly Formed Or Acquired! Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverae K Who Is An Insured —Amendment — — _ _.._. �.. Included .. _ I I. Non Owned Watercraft (Increased to maximum length of less than 51 Included 6eet� J. Supplementary Payments— Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1,000 — onarrro" ... __ _ K. Unintentional Omission U Or nintentil Er In Disclosure _ —ed nclud L Waiver Of Transfer Of Rights Of Recovery Against Others Included M Liberalization Clause _ ncluded _�.Incidental Medical Malpractice T Included The above is a summary only Please consult the specific provisions that follow for complete information on the extensions provided The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that. this endorsement. This endorsement applies only if such Coverage Part is included in this policy a. The written contract or written agreement is A. MISCELLANEOUS ADDITIONAL INSUREDS (1) Currently in effect or becoming 1. Section II — Who Is An Insured is amended effective during the term of this to include as an insured any person or policy, and organization (referred to as an additional insured below) described in Paragraphs (2) Fully executed by you and the A.1.c.(1) through A.1.c.(8) below when you additional insured prior to the "bodily and such person or organization have agreed injury', "property damage" or "per- in writing in a contract or agreement that sonal and advertising injury". such person or organization be added as an CL CG 04 92 09 16 Includes copyrighted matenal of Insurance Services Office, Inc , Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of does not apply to any person or such additional insured organization included as an additional insured by a separate endorsement (4) Lessor Of Leased Equipment issued by us and made a part of this Any person(s) or organizations) policy or coverage part, from whom you lease equipment but c Only the following persons or organi- only with respect to liability for"bodily zaticns are additional insureds under this injury", "property damage" or "per- provision, with coverage for such sonal and advertising injury" caused, additional insureds limited as provided in whole or in part, by your herein maintenance, operation or use of equipment leased to you by such (1) Managers Or Lessors Of Premises persons) or organization(s). A manager or lessor of premises but A person(s or organization's status only with respect to liability arising as an additional insured under this out of the ownership, maintenance or endorsement ends when their written use of that part of the premises contract or written agreement w@h leased to you and subject to the you for such leased equipment ends, following additional exclusions: This insurance does not apply to any This insurance does not apply to: "occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires. place after you cease to be a (5) State, Municipality, Governmental tenant in that premises Agency Or Subdivision Or Other (b) Structural alterations, new con- Political Subdivision — Permits Or struction or demolition operations Authorizations Relating To performed by or on behalf of Premises such additional insured Any state, municipality, govern- (2) Mortgagee, Assignee Or Receiver mental agency or subdivision or other political subdivision subject to A mortgagee, assignee, or receiver the following additional provisions. but only with respect to their liability as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, respect to maintenance, or use of a covered (i) The following hazards for premises by you which the state, municipality, This insurance does not apply to governmental agency or structural alterations, new con- subdivision or other political struction or demolition operations subdivision has issued a performed by or on behalf of such permit or authorization in additional insured connection with premises you own, rent or control and (3) Owners Or Other Interests From to which this insurance Whom Land Has Been Leased applies An owner or other interest from (1.1) The existence, whom land has been leased to you maintenance, repair, but only with respect to liability construction, erection arising out of the ownership, mainte- or removal of adver- nance or use of that part of the land tising signs, awnings, leased to you and subject to the canopies, cellar following additional exclusions entrances, coal holes, This ins uranccdoes not apply to driveways, manholes, marquees, hoist away (a) Any "occurrence" which takes openings, sidewalk place after you cease to lease vaults, street banners that land, or decorations and (b) Structural alterations, new con- similar exposures, or struction or demolition operations CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators, or (i) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement This exclusion the state, municipality, does not apply to liability for governmental agency or damages that the vendor subdivision or other political would have in the absence of subdivision has issued a the written contract or written permit or authorization, agreement, (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury", ''property dam- thorized by you, age' or"personal and advertising Jill) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor, subdivision or other political subdivision. (iv) Repackaging, except when unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organizaticn(s) with demonstration, testing, or the a controlling interest in the Named substitution of parts under Insured but only with respect to their instructions from the manu- liability arising out of facturer, and then repackaged in the original (a) Their financial control of you or container, (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises tests or servicing as the This insurance does not apply to vendor has agreed to make structural alterations, new con- or normally undertakes to struction or demolition operations make in the usual course of performed by or for such person(s) business, in connection with or organization(s) the distribution or sale of the (7) Co-Owner Of Insured Premises products, (vi) Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises the sale of the product, (8) Vendors (vii) Products which, after distri- (a) Any person(s) or organization(s) bution or sale by you, have (referred to as vendor), but only been labeled or relabeled or with respect to "bodily injury" or used as a container, part or property damage" arising out of ingredient of any other thing your products" which are or substance by or for the distributed or sold in the regular vendor. or course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 7 with its permission (viii)"Bodily injury" or "property 3. With respect to the insurance afforded to the damage" arising out of the additional insureds within this Provision A. sole negligence of the Miscellaneous Additional Insureds, the vendor for its own acts or following is added to Section III - Limits Of omissions or those of its Insurance: employees or anyone else acting on its behalf How- The most we will pay on behalf of the ever, this exclusion does not additional insured is the amount of insurance apply to a. Required by the written contract or (1.1) The exceptions written agreement, or contained in Sub- b. Available under the applicable Limits Of paragraphs (iv) or (vi), Insurance shown in the Declarations, or whichever is less (1.2) Such inspections, ad- justments, tests or This endorsement shall not increase the servicing as the applicable Limits Of Insurance shown in the vendor has agreed to Declarations make or normally B. EXPECTED OR INTENDED INJURY OR undertakes to make in DAMAGE the usual course of business, in con- Exclusion 2.a. Expected Or Intended Injury of nection with the Section I -. Coverage A - Bodily Injury And distribution or sale of Property Damage Liability is deleted and the products.. replaced by the following: (b) This insurance does not apply to a. Expected Or Intended Injury Or Damage any insured person or organi- "Bodily injury" or"property damage"expected zation, from whom you have or intended from the standpoint of the acquired products, or any insured_ This exclusion does not apply to ingredient, part or container, "bodily injury" or "property damage" resulting entering into, accompanying or from the use of reasonable force ho protect containing such products persons or property, 2. With respect to coverage provided by this C. KNOWLEDGE OF OCCURRENCE Provision A. Miscellaneous Additional Insureds, the following additional provisions Paragraph 2.a. Duties In The Event Of apply Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions a. Any insurance provided to an additional is deleted and replaced by the following insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does a. You must see to it that we are notified as not apply soon as practicable of an "occurrence'' or an offense which may result in a claim only (1) To "bodily injury" or "property when the "occurrence" or offense is known damage" included within the to "products-completed operations hazard", or (1) You, if you are an individual, (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership, or "personal and advertising injury' (3) A manager, if you are a limited liability arising out of the sole negligence of company, or such additional insured. (4) An "executive officer' or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law, partnership or a limited liability company, c. The insurance afforded to such additional To the extent possible, notice should include insured will not be broader than that which you are required to provide by the (i) How, when and where the "occurrence" written contract or written agreement or offense took place, CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc , Page 4 of 7 with its permission (ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses, and lightning, explosion, "smoke", or leakage (iii) The nature and location of any injury or from automatic fire protective systems, damage arising out of the "occurrence" while rented to you or temporarily or offense. occupied by you with permission of the owner D. LEGAL LIABILITY — DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, This limit will apply to all damage Smoke, Or Leakage From Automatic Fire proximately caused by the same event, Protective Systems) whether such damage results from fire, lightning, explosion, "smoke leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any part, then the following provisions apply combination thereof 1. Under Section I — Coverage A — Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Injury And Property Damage Liability, the Other Insurance of Section IV last paragraph (after the exclusions) is Commercial General Liability Conditions deleted and replaced by the following is deleted and replaced by the following Exclusions c. through n, do not apply to dam- (ii) That is fire, lightning, explosion, "smoke" age by fire, lightning, explosion. "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner, permission of the owner A separate limit of insurance applies to this coverage as 5. Subparagraph a. of Definition 9. "Insured described in Section III — Limits Of contract" of Section V — Definitions is Insurance deleted and replaced by the following. 2. The paragraph immediately after Sub- a. A contract for a lease of premises. paragraph 1.(6) of Paragraph 2. Exclusions However, that portion of the contract for of Section I — Coverage A — Bodily Injury a lease of premises that indemnifies any And Property Damage Liability is deleted person or organization for damage by and replaced by the following fire, lightning, explosion, "smoke" or leakage from automatic fire protective Paragraphs (1), (3) and (4) of this exclusion systems to premises while rented to you do not apply to "property damage" (other or temporarily occupied by you with than damage by fire, lightning, explosion, permission of the owner is not an smoke", or leakage from automatic fire "insured contract" protective systems) to premises, including the contents of such premises, rented to you 6. As used in this Provision D. Legal Liability — for a period of seven or fewer consecutive Damage To Premises Rented To You. days. A separate limit of insurance applies to "Smoke" does not include smoke from Damage To Premises Rented To You as agricultural smudging, industral operations described in Section III — Limits Of or"hostile fire" Insurance. 3. Paragraph 6. of Section III — Limits Of E. MEDICAL PAYMENTS Insurance is deleted and replaced by the If Coverage C — Medical Payments is not following otherwise excluded from this policy or coverage Part, the Medical Expense Limit is changed, 6. Subject to Paragraph 5. above, the subject to the terms of Section III — Limits Of greater of Insurance, to the greater of a. $300,000, or a. $10,000, or b. The Damage To Premises Rented b. The Medical Expense Limit shown in the To You Limit shown in the Declarations. Declarations, F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage A for damages because of "property Subparagraph f.(1) of Definition 12. "Mobile damage" to premises while rented to equipment" of Section V— Definitions is deleted and replaced by the following CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of partnership or limited liability company 1,000 pounds or more and designed primarily are the same or similar to the operations for of insureds already covered under this (a) Snow removal, insurance, (b) Road maintenance, but not construction (v) Coverage only applies for those limited or resurfacing, or liability companies who have established (c) Street cleaning, a date of formation as recorded within 9, the filed state articles of organization, G. NEWLY FORMED OR ACQUIRED ORGANI2A- certificates of formation or certificates of TION, PARTNERSHIP OR LIMITED LIABILITY organization, and COMPANY AND EXTENDED PERIOD OF (vi) Coverage only applies for those part- COVERAGE nerships who have established a date of Paragraph 3. of Section If -Who Is An Insured formation as recorded within a written is deleted and replaced by the following partnership agreement or partnership certificate 3. Any organization you newly acquire or form, H. WHO IS AN INSURED- AMENDMENT other than a joint venture, and over which you maintain ownership or The last paragraph of Section II - Who Is An a. Majority interest of more than 50% if you Insured is deleted and replaced by the following are a corporation, No person or organization is an insured with b. Majority interest of more than 50% as a respect to the conduct of any. general partner of a newly acquired or a. Current partnership or limited liability formed partnership, and/or company, unless otherwise provided for c. Majority interest of more than 50% as an under Paragraph 3. of Section II - Who Is owner of a newly acquired or formed An Insured, limited liability company, b. Current joint venture, or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company. organization However, for these organiza- tions that is not shown as a Named Insured in the Declarations (i) Coverage under this provision is afforded I. NON-OWNED WATERCRAFT only until the next anniversary date of this policy's effective date after you Subparagraph (2) of Exclusion 2..g. Aircraft, acquire or form the organization, Auto Or Watercraft of Section I - Coverage A partnership or limited liability company, - Bodily Injury And Property Damage Liability or the end of the policy period, whichever is deleted and replaced by the following is earlier, (I I) Section I - Coverage A - Bodily Injury (2) A watercraft you do not own that is. And Property Damage Liability does (a) Less than 51 feet long, and not apply to ''bodily injury" or ''property (b) Not being used to carry persons or damage" that occurred before you property for a charge acquired or formed the organization, partnership or limited liability company, J. SUPPLEMENTARY PAYMENTS - INCREASED (iii) Section 1 - Coverage B - Personal LIMITS And Advertising Injury Liability does Section I - Supplementary Payments - not apply to "personal and advertising Coverages A And 8 hs changed as follows injury" arising out of an offense 1. The limit shown in Paragraph 1.b. for the committed before you acquired or formed cost of bail bonds is changed from $250 to the organization, partnership or limited $3,000, and liability company, 2. The limit shown in Paragraph 1.d. for loss of (iv) Coverage applies only when operations earnings because of time off from work is of the newly acquired organization, changed from $250 a day to $1,000 a day CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEW M. LIBERALIZATION CLAUSE TIONAL ERROR IN DISCLOSURE The following is added to Section IV — The following provision is added to Paragraph 6. Commercial General Liability Conditions: Representations of Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of However, the unintentional omission of, or the Commercial General Liability CG0001 for no unintentional error in, any information given or additional charge, and those Changes are provided by you shall not prejudice your rights intended to apply to all Insureds under this edition under this insurance. of CG0001, that change will automatically apply This provision does not affect our right to collect to your insurance as of the date we rnplernent additional premium or to exercise our right of the change in your state. This liberalization cancellation or non-renewal, clause does not apply to changes implemented through introduction of a subsequent edBtion of L. WAIVER OF TRANSFER OF RIGHTS OF the Commerciat General Liability form CG0001 RECOVERY AGAINST OTHERS The following is added to Paragraph 8. Transfer N. INCIDENTAL MEDICAL MALPRACTICE Of Rights Of Recovery Against Others To Us I. Paragraph 2.a.(1)(d) of Section II — Who Is of Section IV — Commercial General Liability An Insured does not apply to a physician, Conditions nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic We waive any right of recovery we may have employed by you if you are not in the against any person or organization because of business or occupation of providing medical, payments we make for injury or damage arising paramedical, surgical, dental, x-ray or out of your ongoing operations or"your work" and nursing services included in the "products-completed operations hazard" when you have agreed in a written 2. This provision is excess over any other valid contract or written agreement that any right of and collectible insurance whether such recovery is waived for such person or insurance is prlma,ry, excess, contingent or organization. This waiver applies only to the on any other basis. Any payments by us will person(s) or organization(s) agreed to in the fallow Paragraph 4.b. of Section IV — written contract or written agreement and is Commercial General Liability Conditions subject to those provisions This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury, or"property damage' However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc , Page 7 of 7 with its permission COMMERCIAL GENERAL LIABILITY CL CG 05 29 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2.a. above,the words caused m ADDITIONAL INSURED - OWNERS, LESSEES whole or rn part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS words arising ouf of INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section If -Who is An Insured is amended to insured only applies to the extent include as an additional insured any person(s) permitted by law, and or organizations) fcr whom you are required d. If coverage provided to the additional by virtue of a written contract or agreement. insured is required by a contract or that such person(s) or organrzatioir s} be, agreement, the insurance afforded to such added as an additional insured on your policy additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract insured is limited as follows: or agreement to provide for such additional insured. a;- Such person or organization is an . additional Insured only with respect to e. This insurance ends at the earliest of the liability for "bodiEy Injury" "property following times. damage" or "personal and advertising (1) When any Named Insured(s) work injury"caused in whole Or In part by called for in the written contract has (1) Acts or omissions of the Named been completed Insured, or (2) When all of any Named Insured(s) (2) The acts or omissions of those acting work done at a job site has been on behalf of the Named Insured, completed if the written contract calls in the performance of the Named Insureds for work at more than one job site work for the additional insureds) specified (3) When that part of any Named in the written contract provided the Insured(s work donee at a jots site has contract or agreement requires you to been put to its intended use by any provide the additional insured such person or organization other Iran the coverage and is: Named Insured or those acting on the I. Currently in effect or becomes Named Insureds) behalf. effective during the term of this VVo,rk that may need service, maintenance, policy. and correction, repair or replacerment" but is otherwise complete, will be treated as it. Was executed prior to The "bodily completed injury" "property damage" or "'personal and advertising injury" f. This insurance does nct apply to any additional insured scheduled on your b. If the written contract specifically requires Policy by separate endorsement. you..to provide additional insured coverage via the 10/01 edition of GG2010 (aka CG g. For purposes of paragraph A. of this 20 10 10 01) or via the 11185 edition of endorsement the terms "you" and "your' CG2010 (aka CG 20 10 11 85), then in refer to the Named Insured shown in the Declarations CL CG 05 29 10 17 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 3 with its permission. 3. Exclusions a. Required by the contract or agreement, or With respect to the insurance afforded to these b. Available under the applicable Limits of additional Insureds, the follovong additional (Insurance shown in the Declarations, exclusions apply to "bodily Injury , "property damage" or "personal and advertising injury' whichever is less. ansing out of This endorsement shall not increase the a. The rendering of or failure to render any applicable Limits of Insurance shown in the professional services by you or on your Declarations behalf, but only with respect to either or 5. Other Insurance bath of the following operations: For purposes of this endorsement, the (1) Providing engineering, architectural or following is added to the Section IV - surveying services to others in your Commercial General Liability Conditions, 4. capacity as an engineer, architect or Other surveyor, and Providing condition and supersedes any (2) l roviding, or hiring independent provision to the contrary: professionals to provide, engineering, architectural or surveying services. in This insurance is excess of all other connection with construction work you insurance available to an additional perform insured whether on a pnmary.. excess, 6. Subject to paragraph C. below, confirr,ge+nt or any other basis. But, if required by a written sontrani or written professional services induce agreement to be primary and (1) Preparing, approving, or failing to noncontributory, this insurance will be Prepare or approve, maps, stoop primary to and will not seek contribution drawings, opinions, reports, surveys„ from any insurance on which the additional field orders, change orders or insured is a Named Insured, drawings and specfications, and No other coverage or limit in the policy (2) Supervisory or inspection activities applies to loss or damage insured by this Performed as part of any related coverage architectural or engineering activities. B. The following coverage is added: c. Professional services do not include CONTRACTUAL LIABILITY -RAILROADS services within construction means, methods, techniques, sequences and 1 With respect to operations performed for a procedures employed by you or performed Railroad within 50 feet of railroad property, the by or for the construction manager, its definition of "insured contract" In Section V - empioyees or its subcontractors in Definitions is replaced by the following: connection with your ongoing operations. g "Insured Contract"means: This exclusion applies even if the claims a. A contract for a lease of premises. against any insured allege negligence or other However, that portion of the contract wrongdoing in the supervision, hiring, for a lease of premises that employment, training or MOrlitonng of others indemnities any person or by that Insured, If the OCCUrren e" which organization for damage by fire to caused the "bodily injury" or "property premises while rented to you or damage", or the offense which caused the Eernpocarily occupied by you: with personal and advertising injury'", involved the permission of the owner is not an rendering of, or the failure to render, any "insured contract", Professional architectural, engineering or surveying services b. A sidetrack agreement, 4. Limits of Insurance c. Any easement or license agreement, With respect to the insurance afforded to these d. An obligation, as required by additional insureds, the following Is added to ordinance, to indemnify a municipality, Section III - Limits Of Insurance: except in connection with words for a If coverage provided to the additional insured municipality; is required by a contract or agreement, the e. An elevator maintenance agreement, most we will pay on behalf of the additional f. That part of any other contract or insured is the amount of insurance: agreement pertaining to your business Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., CL CG 05 29 10 17 wrth its permission, (including an indemnification of a C. AGGREGATE LIMITS OF INSURANCE municipality in connection with work performed for a municipality) under The General Aggregate Limit under SECTION III - which you assume the tort liability of LIMITS OF INSURANCE applies separately to another party to pay for "bodily injury" each of your. or property damage" to a third person 1. Projects away from premises owned by or or organization. Tort liability means a rented to you. liability that would be imposed by law in the absence of any contract or 2. ''Locations"owned by or rented to you. agreement. "Location" means premises involving the same Paragraph f. does not include that part or connecting lots, or premises whose of any contract or agreement. connection is interrupted only by a street, (1) That indemnifies an architect, roadway, waterway or right-of-way of a engineer or surveyor for injury or railroad damage arising out of. When paragraph B. Construction project. (a) Preparing, approving or failing General Aggregate Limit on form CL.C'.G 00 20 is to prepare or approve maps, a part of this policy,then this endorsement shop drawings, opinions, CL CG 05 29 paragraph D. Aggregate Limits Of reports, surveys, field orders, Insurance does not apply. change orders or drawings and specifications, or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage, (2) Under which the insured, rf an archtect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV- Commercial General Liability Conditions, 4. Other Insurance condi ion and supersedes ary provision to the contrary: This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for"your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured No other coverage or limit in the policy applies to loss or damage insured by this coverage, CL CG 05 29 10 17 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 3 with its permission, COMMERCIAL AUTO CL CA 01 49 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM' This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement A. NEWLY ACQUIRED OR FORMED ORGANIZA- ""property damage because of the conduct TIONS of an "insured'" under Paragraphs a. or b. The following is added to Paragraph A.I. Who Is under Paragraph A.I. Who Is An Insured of An Insured of Section If - Covered Autos Liability Section II - Covered Autos Liability Cover- Coverage age, caused by an "accident" and resulting from the ownership, maintenance or use of a Any organization you newly acquire or farm, oth- covered "auto", er than a partnership, joint venture or limited lia- bility company or any organization excluded ei- 2. The written contract or agreement described titer by thus Coverage Part or by endorsement, above must have been executed prior to the and over which you maintain ownership or ma- "accident" that caused the "bodily injury" or gorily interest of more than 50 percent will qualify "property damage" and be on effect at the as a Named Insured, However time of such"accident", 1. This insurance does not apply to any newly 3. The insurance afforded to any such addition- acquired or formed organization that is an al "insured"' does not apply to any "accident" 11 insured" under any other automobv le policy beyond the period of time required by the or would be an "insured" under such policy written contract or agreement described but for ks termination or the exhaustion of its above; Limit of Insurance 4. The most we will pay on behalf of such addi- 2. Coverage does not apply to "bodily injury" or tional "insured(s)" is the lesser of property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization written contract or agreement described 3. Coverage under this provision is afforded on- above; or ly until the 180th day after you acquire or b. The Limits of Insurance shown in the form the organization or the end of the policy Declarations period, whichever is earlier B. ADDITIONAL INSURED BY CONTRACT OR This provision shall not increase the Limit of Insurance shown in the Declarations in this AGREEMENT policy or coverage part, and The following is added to Paragraph A.1., 'Who Is 5. The following changes are made to Para- An Insured of Section If - Covered Autos Liability graph 5. Other Insurance of B. General Con- Coverage. ditions under Section IV - Business Auto When you have agreed in a written contract or Conditions: agreement to include a person or organization as a. The following is added to Paragraph 5.a. an additional "insured such person or organiza- tion is included as an "insured" subject to the fol- If required by the written contract or lowing agreement described above, the insur- 1. Such person or organization is an additional ante afforded to the additional insured "insured" only to the extent such person or under this provision will be primary to and will not seek, contribution from, the organization is Liable for "bodily injury" or additional insured"s own insurance CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc with its permission b. Paragraph 5.c. is deleted in its entirety 1. The Limits of Insurance are increased to $75 6. Paragraph A.1-c. under Section II - Covered per day to a maximum of$2,500 Autos Liability Coverage is deleted in its en- 2. We will also pay reasonable and necessary tirety expenses to facilitate the return of the stolen 7. The definition of ''insured contract" under "auto" to you. Section V- Definitions is amended to add the 3. It is agreed and understood and it is our stat- following. ed intent that expenses incurred by you un- An ''insured contract" does not include that der the Transportation Expenses Coverage part of any contract or agreement Extension will not also be covered or paid under Care Rental Reimbursement Coverage That pertains to the ownership, maintenance provided by this endorsement or ally rental or use of an "auto" and which Indemnifies a reimbursement coverage added by separate person or organization for other than the vi- endorsement to this policy carious liability of such person or organiza- tion for "bodily injury" or "property damage" caused by your operation or use of a covered The following is added to Exclusion B.3.a. of "auto'' Section III - Physical Damage Coverage However, a person or organization is an ad- However, this exclusion does not apply to the un- ditional "insured'' under this provision only to intended discharge of an airbag. the extent such person or organization is not named as an "insured" by separate en- This coverage is excess over any other collecti- dorsement to this policy ble insurance or warranty providirg such airbag C. EMPLOYEES AS INSUREDS coverage The following is added to Paragraph A.1. Who Is . AUTO LOAN/LEASE GAP COVERAGE An Insured Section If - Covered Autos Liability The following is added to Section III - Physical Coverage Damage Coverage, Paragraph C. Limits of Insur- ance usinga covered "auto" you don't own, while n em o ee' of ours is an y wn, hire or bor- 4. In the event of a total "loss" to a covered "au- row in your business or your persona affairs, to", we will pay any unpaid amount due on ❑. INCREASED COVERAGE - BAIL BONDS he lease or loan for a covered "auto", less a. The amount under the Physical Damage The Supplementary Payments Coverage Exten- Coverage section of the policy, and Sion of Section II - Covered Autos Liability Cov- erage is amended as follows b. Any The Limit of Insurance in paragraph A.2.a.(2) is (1) Overdue lease/loan payments at the increased to $5,000 time of the"loss'; E. INCREASED COVERAGE - LOSS OF EARN- (2) Financial penalties imposed under a INGS lease for excessive use, abnormal The Supplementary Payments Coverage Exten- wear and tear or high mileage, sion of Section II - Covered Autos Lability Cov- (3) Security deposits not returned by the erage is amended as follows lessor, The Limit of Insurance in paragraph A.2.a.(4) is (4) Costs for extended warranties, Credit increased to $1,000 Life Insurance, Health, Accident or Disability Insurance purchased with F. FELLOW EMPLOYEE COVERAGE the loan or lease, and The Fellow Employee Exclusion contained in (5) Carry-aver balances from previous Section II - Covered Autos Liability Coverage loans or leases does not apply This coverage is excess over any other collectable insurance. J. GLASS REPAIR - NO DEDUCTIBLE G. COVERAGE EXTENSION - TRANSPORTA- The fallowing is added to Paragraph D. Deducti- TION EXPENSES ble of Section III - Physical Damage Coverage; Paragraph A.4.a. Transportation Expenses of Any Comprehensive Coverage deductible shown Section III - Physical Damage Coverage is in the Declarations does not apply to "loss" to amended as follows glass when you elect to patch or repair rather than replace the glass, Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 02 15 Office, Inc with its permission K. INCREASED COVERAGt - ELECTRONIC 0. HIRED AUTO PHYSICAL DAMAGE COVER- EQUIPMENT AGE The $1,000 limit indicated in Paragraph C.1.11p. The folliowing is added to Paragraph AA. Cover- under Section III - Physical Damage Coverage is age Extensions of Section III - Physical Damage increased to $2,500. Coverage L. EXTENDED COVERAGE - PERSONAL PROP- If hired "autos" are covered "autos'' for Covered ERTY Autos Liability Coverage and if Physical Damage I The following is added to Paragraph AA. Cover- Coverage is provided for any "auto" you own, age Extensions of Section III - Physical Damage then the Physical Damage coverages provided Coverage are extended to "autos'' you lease, rent, hire or borrow from someone other than your "employ- Physical Damage Coverage on a covered "auto" ees", partners or members of their households may be extended to "loss" to your personal prop- subject to the following erty or, if you are an individual, the personal property of a family member, that is in the cov- 1 The most we will pay in any one ''loss" is the ered "auto" at the time of"'loss"and caused by an lesser of accident" and resulting from the ownership, a. The actual cash value of the ''auto maintenance or use of a covered "auto". b. The cost to repair or replace the ''auto The insurance provided by this coverage exten- or sion is excess over any other collectible insur- ance The most we will pay for any one "loss" c. $100,000 under this coverage extension is $500 However, 2. Paragraph 1. above is subject to a deducti- our payment for "loss" to personal property will ble The deductible shall be equal to the only be for the account of the owner of the prop- amount of the highest deductible shown for erty any owned 'auto" of the same classification Under this provision, personal property does not for that coverage In the event there is no include and we will not pay for "loss'' of currency, owned "auto" of the same classificabon, the coins, securities orcontraband highest deductible for any owned "auto" will No deductible applies to this coverage extension apply for that coverage No deductible will apply to "loss'' caused by M. TOWING fire or lightning Paragraph A.2. Towing of Section III - Physical 3. Hired Auto Physical Damage Coverage is Damage Coverage, is replaced by the following subject to the fofl'owing If a private passenger type "auto" or (light truck a. If symbol 8 is shown in the Covered Auto "auto" (0-10,000 l.bs. GVW) is provided both section of the Declarations page for any Comprehensive and Collision Coverage, we will of the Physical' Damage coverages, then pay up to $150 for towing and labor costs in- the Hired Auto Physical Damage cover- curred each time such "auto' is disabled If a age described in this endorsement does medium, heavy or extra-heavy truck or extra- not apply_ heavy Truck-tractor 'auto' (greater than 10,000 Lbs. GVW) is provided both Comprehensive and b. Other than indicated in Paragraphs a. di- Collision Coverage, we will pay up to $250 for recdy above, coverage provided under towing and labor costs incurred each time such this provision will be excess over any "auto" is disabled. However, the labor must be other collectible insurance or coverage. performed at the place of disablement 4. In addition to the limit set forth in Paragraph N. FIRE EXTINGUISHER RECHARGE I. above we wolf pay up to $500 per day, to a The following is added to Paragraph A.4. Cover- maxurttu,m at$3,500 per"lass"for age Extensions of Section IV - Physical Damage a. Any costs or fees associated with the Coverage "loss" to a hired "auto"; and When fire extinguishers are kept in your covered b. Loss of use of the hired "auto provided "auto" and any are discharged in an attempt to it is the consequence of an "accident" for extinguish a fire, we will pay the lesser of the ac- which you are legally liable, and as a re- tual cost of recharging or replacing such fire ex- sul of which a monetary loss is sus- tinguisher(s) tained by the leasing or rental concern. No deductible applies to this coverage However, Paragraph AA.b. Loss of Use Expens- esunder Section III - Physical Damage Coverage CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission of the Business Auto Coverage Form does not (2) Your partners or members, if you are apply designated in the Declarations as a P. RENTAL REIMBURSEMENT COVERAGE partnership orjoint venture, We will pay for rental reimbursement expenses (3) Your members or managers, if you incurred by you for the rental of an "auto" be- are designated in the Declarations as cause of"loss"to a covered "auto", a limited liability company, 1. Payment applies in addition to the otherwise (4) Your executive officers if you are applicable amount of each coverage you designated in the Declarations as an have on the covered "auto" organization other than an individual, partnership, joint venture or limited 2. No deductible applies to this coverage liability company, and 3. We will pay only for those expenses incurred (5) The spouse of any person named in during the policy period beginning 24 hours Paragraphs 1.a.(1), through 1.a.(4) after the "loss" and ending, regardless of the while a resident of the same house- expiration date of the policy, with the lesser hold, of the following number of days a. The number of days when the covered Except "auto" has been repaired or replaced, or (a) Any "auto" owned by that indi- b. 45 days vidual or by any member of his or her household. 4. Our payment is limited to the lesser of the fol- lowing amounts (b) Any "auto" used by that i al or his or her spousee while while a. Necessary and actual expenses incurred, working in a business of selling, or servicing, repairing or parking b. Not more than $75 for any one day; 11 autos 2. Changes In Auto Medical Payments And 5. We will pay up to an additional $300 for the Uninsured And Underinsured Motorists reasonable and necessary expenses you in. Coverages cur to remove your materials and equipment from the covered 'auto" and replace such The following is added to Who Is An In- materials and equipment on the rental ',auto„ sured 6. This coverage does not apply while there are Any individual named in 1.a above and his or spare or reserve "autos" available to you for her "family members" are "insured" while your operations "occupying" or while a pedestrian when being 7. If "loss" results from the total theft of a cov- struck by any"auto" you don't own except ered "auto" of the "private passenger type Any "auto" owned by that individual or by any we will pay under this coverage only that "family member amount of your rental reimbursement ex- 3. Changes In Physical Damage Coverage penses which is not already provided for un- der the physical Damage Coverage Exten- Any private passenger type "auto" you don't sion of the Business Auto Coverage Form or own, hire or borrow is a covered "auto" while any endorsements thereto in the care, custody or control of any individ- ual named in Q 1.a. above or his or her However, this provision does not apply to the spouse while a resident of the same house- extent that rental reimbursement is provided hold except: by separate endorsement to this policy. a. Any "auto" owned by that individual or by i DRIVE OTHER CAR COVERAGE any member of his or her household, or 1. The following is added to Section II - Cov- b. Any "auto" used by that individual or his ered Autos Liability Coverage. or her spouse while working in a busi- a. Any "auto" you don't own, hire or borrow ness of selling, servicing, repairing or is a covered "auto" for Liability Coverage parking "autos while being used by: 4. The most we will pay for the total of all dam- (1) You, if you are designated in the ages under Covered Autos Liability Unin- Declarations as an individual, sured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 02 15 Office, Inc with Its permission shown in the Declar—ions as applicable to 3. At our request you must provide us with a copy of owned ''autos" the aforementioned written contract or agree- s. Our obligation to pay for, repair, return or re- ment. Place damaged or stolen property under T. UNINTENTIONAL OMISSIONS Physical Damage Coverage, will be reduced by a deductible equal to the amount of the The following is added Paragraph B.2. of Section highest deductible shown for any owned pri- IV- Business Auto Conditions: vate passenger type "auto'' applicable to that If you fail to disclose any hazards existing at the coverage If there are no owned private pas- inception date of this policy, such failure will not senger type "autos", the deductible shall be prejudice the coverage provided to you Nowev $250 for Comprehensive Coverage and $500 Of this provision does not affect our right to col_ for Collision Coverage. No deductible will lest addftianal premium or exercise our right of apply to "loss" caused by fire or lightning cancellation or nonrenewal 6. Additional Definition U, LIBERALIZATION As used in this DRIVE OTHER CAR Provi- if we revise this endorsement to provide greater sion coverage withtoO addribonal premium charge, we "Family member" means a person related to will automatically provide the additional coverage the individual named in I.a by blood, mar- to all endorsement holders are of the day the revs- riage or adoption who is a resident of the in- s"on is effective in your state divoual's household, including a ward or fos- ter child R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A2. of Sec- tion IV- Business Auto Conditions. Your obligation to provide pro ipt notice of an accident", claim, "Suit or"Icss" is satisfied if you or a person designated by you to be responsible for insurance matters is noirfied of, or in any manner rnade aware of are "accident"" claim„ "suit" or "loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Sec- tion IV- Business Auto Conditions We waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" when you and such person or organtlza- tion have agreed in writing In a contract or agreement to waive such right of recovery, pro- vided: 1. Such written contract or agreement was a. Made prior to the "accident" or ''loss" resuting in the covered "bodily Injury" or "property damage" and b. Was in effect at the time of the covered "bodily injury" or"property damage". 2. The covered "bodily injury"° or "property damage" must arise out of the operations specified in such written contract or agreement. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j_ of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows- Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, use to perform operations at the time of loss.provided they are not being us 2. SECTION III— LIMITS OF INSURANCE is deleted and replaced by the following. The most we will pay in any one "occurrence" for 'property damage' to borrowed equipment is $15,000 This limit of insurance is the most we will pay regardless of the nUrnber of a. Insureds; b. Claims made or'suits' brought, or c. Persons or organizations making claims or bhnging "suits". 3. Deductible a. Our obligation to pay damages on behalf of Ito Insured applies only to the amount of damages In excess of $250 as applicable to `property damage" as the result of any one occumence", regardless of the number of ,persons or organizations who sustain carriages because of that "occurrence", b. 'the temps of this insurance, including those with respect to our right and duly to defend the Insured against any "suits' seeking those damages; and your duties in the event of an 11 occurrence", claim, or"suit' apply irrespective of the application of the deductible amouint, c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit 'rand, open n0l(Mcation of the action taken; you shall promptly reimburse us for such part of the deduct::ble amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1. For all surris which the insured beoames pally obligated to pay as damages caused by "oCcturrences", under COVERAGE A (SECTION II), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single c onstrucoon project away from premises owned by or rented to the insured' a. A Singh Construction Project General Aggregate Lirnit applies to each oxaristruci project away from premises owned by or rented to the insured, and that limit Is equal to the amount of the General aggregate Limit shown in the Declarations, i The '&ngle Construction Project General Aggregate Limit is the most we will pay for the surn of all darnages under COVERAGE A, except damages because of`kxxMy Injury,or"proporty damage' included In the 'products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of (1) Insureds, (2) Claims made or'suits" brought, or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under COVERAGE A for damages or tinder COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Lucent for that construction project away from premises owned by or ranted to the insured. Such payments shall not reduce the Gane4 Aggregate Limit shown in ftte DeclarafBons nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate constructron project away from prer,rMes owned by or rented to the insured. CL CG 00 20 01 12 Includes cvpyrghted matenal of Insurance Services Page 1 of 4 Office,Inc with Its permission d. I he Ilreds shown in drie DPOar-Ol for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, In stead of being subject to the General Aggregate Limit shown inthe Declarations, soda licr fs wjI be subject to the applicable Single General Aggregate fit,,", j Construction ProI 2. For at SUM'S wnuch the insured becomes lei use galiY Obligated to Pay as damages Oa used by Occurrences" tinder COVERAGE A (SECTION 1). and for ap medical expenses accidents under COVERAGE C (SECTION 1), whiich carmot be aft caused by nieuted only to ongoing operations at a single designated construction Project away from PrOrrises Owned by or rented to the insured, a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the annount available under the General Aggregate Limit or the Products-Complel Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Construction Project General Aggregate Limit, 3. When coverage for hattilify arising OLIf Of[he, 'procucts-competed Operations hazard'"is provided, any payments for damages because of "bodily injury' or *property damage" includecl in the products-comieleted operations ri will reduce the Prod ucts-Competed oper General Aggregate Limit, Aggregate Limit, and not reduce the General Aggregate Limit or the Singlea constructicir Projectllons 4. If the iPpicatife constructlor project away from premises owned by or ranted to the insured has been abandoned delayed, or anandoneci and then restarted, Or If the authorized contracting II deviate Irani plans, blueprints, designs, SPuc',n`JcatJ0hs Ot tmetah)es, the project will stit be Ocerrool to be the same WrIsInuction projw-,t 5. The provisions of Linnits Of Insurance (SECTION 111) not olhefwise modified by this endorsement shal! continue, to @PPIY as stipulated. C. LIMITED JOB SITE POLLUTION 1. Excjusion f. under Section I— Coverage A is replaced by the followng 2. Exclusions This insurance does not apply to f. Pollution 'Boddy injury or "property damage" arising out of the actual alleged Or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants' (a) At or from any premsos, Site or location on which any insured or any conlractors Of SUbCOntractiors, working directjy or Inel on any insured's behalf are performing operalrons if the operations are to test for monitor, clean ulp, remove,contairi, treat, detoxify or neutralize, or In any way respond to, or assess the effects of, "podukanfs"; or (b) At or frorn a Storage (ark Or Other container, ducts, or piping which is below or partially below the surface of the ground or water or which, at any time has laron busied under the surface, of the ground Or water and then subsequently excused by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, arises at or from any pre ices, a Ses, she Or location which any insured Or any contractors or subcontractors 'working directly or indirectly on any insures hare performing operatioinsureskr a ire "Pollutants"are brought on or to the prermses, site or location in connection with such operators by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "I Injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (2) Any loss, cost or expense arising out of any (a) Request, demand, order or statutory or regulatory requirement Issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, cipan up, remove, contain, treat, (Jatoxlfy or "eutrailze, Or in any Way respond to, or assess the effects of, "pollutants';or CL CIS 00 20 01 12 Induces copyrighted material of Insurance Services Page 2 of 4 Office Inc with Its Permission (b) Claim OW Suit by or on beha It of a 90VOnno'i a Lthonity for darnagos because Of testing for, irrioniloning, clearing up, removing, containing, treating, detoxifying or neutrwizing or in any way responding fro,or assessing the effects of, "odlutanis" However, this paragraph does not apply to liab)jty for thcsit sums the insured becomes iei ochgated to damages because of"property damage,that the insured would have in the a= of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by w on behalf of a gover-cmeni authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, rei or escape of"pollutants" a. The ''Each Occurrence Limit"shown in the Declarations does net apply. b. Paragraph 7, of Limits Of Insurance (Section 111)does not apply. c. Paragraph 1. of Section III—Limits Of Insurance is replaced by the following The Limits Of Insurance shown in this endorsement or in the Declarations and the rules below fix the most we will Pay regardless of the number of (1) Insureds, (2) Claims made or"suits"brought, or (3) Persons or organizations making claims or bringing "suits' d. The following are added to Section III— Limits Of Insurance: 8. Subject to 2. or 3. above,whichever applies, the most we will pay for the sum of a. Damages under Coverage A; and b. Medical expenses under Coverage C because of 'brxdily injury' ora�'propsrfy damage" arising Out Of the aCfU21, alleged or threatened discharge, dispersal Seepage, migration, release or escape of 'pollut';nts. is $100,000 aggregate 9. Subject to 8. acove, the Medical Experse Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, nugral reiease or escape of'pollutants' D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section I — COVERAGES, We WJ pay, at your request for"property damage"to that part of any property, a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations, or I That must be restored, repaired or replaced because 'Your work" was incorrectly performed On it This insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of oper@iijons away from your insured premises and inrodentall to your business Exclusions j.(3),l and (6)do not apply to this coverage This insurance does not apply to "property damage' included within the "explosion hazard', the 'collapse hazard"or the 'underground property damage hazard' 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III— LIMITS OF INSURANCE is replaced by the following A. Limits of Insurance 1. 1 a higher limit is shown, in the Declarations, the most we will pay in any One occurrence'for'property damage" under this endorsement is$15,000 2. Unless a higher limit is shown in the Declarations the most we will pay for all covered "occurrences' during any one Policy period is $15,06 Aggregate Limit of Insurance CL CG 00 20 1 12 Includes copyrighted material of insurance Services Page 3 of 4 Office, Inc with its permission I he Limits of insurance of this andorsement apply separately to each niclnSOCL VFW ann€nal period and to any remaining prroriW of lass than 12 rnorths, starting wikh the beginning of the Policy perioal shown ir, the Declarations, unless the pOlucy penod is extended after Issuance for an additional period of less than 12 months. In trial case the ad,rditional pennei will be deernad part of the last preceding per>od for purposes of determining the Limits of insurance 3. Deductible a. Our obiigatior to pay damages on behalf of the Insured applies Only to the amount of damages in excess of $250 as the result of any one "occurrences", regardless at lire number of persons or organizations who sustain damages because of that"occurrence". b. Fri terms of this insurance, including those with respect to our right and duty to defend the insured against any 'suits" sepi those darerages; and your duties in the pveril of an occurrence", �clalm or "suit" apply irespedilve of th€a application of the dada.rctibie amount c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon riolifucabon of the action taken; you shall promptly reiniOu se us for such part of the deductible ar)OLPt as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE. SECTION IV—COMMERCIAL GENERAL LIA131LITY CONDITIONS is anxended as follows: a. The folluwang is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this enelorserrient, tdrn inswed shall, if requested by us, replace the property or furnish the labor and matenals,necessary for repairs at actual Crust to Vie insured, excluding prospective profit or overhead charges of any nature Any property so paid for or replaced shall, a2 our option, become cur property. .Any payorent made by us shall not ronstitute an admission of(ability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1) Paragraph 4.a. Primary Insurance is deleted, (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance ere deleted and replaced with the following. This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis,. All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Fong are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are addend to SECTION V— DEFINITIONS, a. "Collapse hazard" includes "structural property damage" and any restating 'property damage" to any other property at any time. b. "'Explosion hazard" incuudes "property damage' arising out of blasting or explosion. The "ex'plosion hazard"does not 'include "property damage" arising out of the explosion of air or steam vessels„ piping under pressure, prime movers, machinery or power transmitting eyulprraent, c. 'Structural property damage" means the collapse of or structural injury to any ouilding or structure due to (1) Grading of land, excavating, borrovring, filling, back-filling, tunneling, pile driving, cofferdam work or c&sson work; or (2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground prapWy damage hazard" includes "underground property damage" and any resulting "property damage"to any other property at any time. e. `Underground property damage' means "property damage" to wires, conduits, pipes, resins, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and accurnng during the use oil mechanical equipment for the purpose of grading land, paving, excavating, dniPing, borrowing filling, back-fllling or pile driving CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 4 of 4 Office, Inc with its permission COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended For purposes of this endorsement, throughout to include as an additional insured any person(s) the policy, the terms "you" and "your' refer to or organizations) when you are obligated by the Named!Insured shown in the Declarations virtue of a written contract or agreement that such person or organization(s) be added as an B- Exclusions additional insured to your policy With respect to the insurance afforded to these Such person(s) or organization(s) is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to "bodily injury" and "property nfury" or "property damage" or "personal and damage" arising out of advertising injury"caused, in whole or in part by 1. The rendering of or failure to render any (1) Acts or omissions of the Named Insured, professional services by you or on your behalf, or but only with respect to either or both of the (2) The acts or omissions of those acting on following operations behalf of the Named Insured, a. Providing engineering, architectural or and included n the surveying services to others in your products-completed g capacity as an engineer, architect or operations hazard" surveyor, and This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in agreement is connection with construction work you 1. Currently in effect or becomes effective during perform the term of this policy, and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other "property damage" or "personal and wrongdoing in the supervision, hiring, advertising injury", employment, training or monitoring of others by that insured, if the "occurrence"which caused the However "bodily injury"or"property damage", orthe offense a. The insurance afforded to such additional which caused the "personal and advertising insured only applies to the extent permitted by injury involved the rendering of, or the failure to law, and render, anyprofessional architectural, engineering b. If coverage provided to the additional insured or surveying services is required by a contract or agreement, the 2. Subject to Paragraph 3. below, professional insurance afforded to such additional insured services include' will not be broader than that which you are a. Preparing, approving, or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured, opinions, reports, surveys, field orders, change orders, or drawings and specifications, and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Office, Inc , with its permission Page 1 of 2 I. Supervisory or inspection activities D. Other Insurance performed as part of any related archltectural or engineering activities For purposes of ins endorsemem,the following is 3. Professional services do not include services added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures contrary. employed by you or performed by or for the construchon manager, its employees or its This insurance is excess of all other insurance subcontractors in connection with your available to an additional insured whether on a ongoing operations primary, excess, contingent or any other basis But, if required by a written contract or written C. Limits of Insurance agreement to be primary and noncontributory, this With respect to the insurance afforded to these insurance will be primary to and will not seek additional insureds, the following is added to contribution from any insurance on which the Section III - Limits Of Insurance additional insured is a Named Insured If coverage provided to the additional insured is No other coverage or Bimit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09 16 Office, Inc., with its permission = a } ) { ) } ' _ t 1 fY(7F KF Ocsne I cersing r t3oxa4f BL-A MESS LICENSE NOTICE ..,,, time wa M 1 .4.9C, _ s's-,tor For Licensing Period T lust>ni nr`ir ry rc rni_KeniWA raov s January 1, 2018 - December 31, 2018 gate Due January 01, 2018 Amount Due $101.00 Business License No. BLOC-2171028 Check each box as appropriate: J New Owner r Kent Reloea Hon J Out of Business BUSINESS NAME- MAILING ,ADDRESS (revue helow as needed) LOCATION ADDRESS(IF DIFFERENT) ALLAP<t)t INDFI NCI COMPANY AIA AROU,'ND1,`,M FCOIv(P_AN`I PO BOX 10'9 14323 l6 f H S7 E RAVFN,')D VL.F bb'A 98051 SITWJER, V,'zV 98-90 I. Business Phone: 253 863-4895 Email: 2. Business OR rj ers: I,r,m Own""' Ari, . 'hetl.11 r o O�. for r ii , t r'xdd a „d dbr IU c01 Name: RONALD & ROCHELLE DAGLEY m A ress„ 29032SE226THST City: MAPLE VALLEY State: WA Zip Code: 98038 Elm Phone: 253-863-4895- "-- 3.Business and Occupation Tax Is your business registered and filing City of Kent BaO tax? yE:S � Np Please enter your Estimated Annual Gross Receipts? S p 00o ODa B&O tax registration is completed online at"Taxfile.KentWA.GOV". More information can be found at"KentWA GOVI'doing business/city-taxes/B O taz", 4. Emergency Contacts for Business located in Kent: E....� / �, 253-863 4895_ _.. — ...------._...._....._ Permit (Itemaz4, I lip iIEl 1"1111 N 0 01InI 1111flIIN5 IfIF 1111 Ter_h FeO (Item 1473) pN p Permit# 2171028 Customer(ltem 754} ��II��N�II�AI��.IY�IIdA0,111� Permit ID: 195589 5. Description of Business' FENCE CONTRACTOR Part Time: 6. Employees at Kent Location as of 10/31/2017: Full Time: e _...,_ m 7. TR N#: 8. UB[#: 604 100 765 ..... 9. SIC Code: 10 NAICS Code. 11. Floor Space Used: }�, -" 12. Mark if any of the following are on the premises: o'n'v'm r Deoccs ��_ GrmrNm;n ' Kra cake,<'ahmet full (abs,PRmctt l3u ud�,Card Noame I h rchy certltb that the statement,,rod infgrmnbon I'umtshed fry me on[his 4r[h,moon arc true and complete to the besl of my k,n"'Icdgr f also acimar iedg;:hat[hc storm rot,and infwmetioo fumt;hed by me on rh i,applicaeton ore public recalls and are ave,,]Ole Corpudhc in9pec6on numiart to Stat_ot Wash)rigior,RCW 4'_ 17 260 Signature., Date �7Jo Mail in the enclosed envelope with Checkl _m bob --Phonefleme "� � _.PhoneLL�.?`i` r Money Order Payable to: CITY �6I F KENT Email Please make a COPY of the c0ftlylJefed f rm for yorer records