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PK18-389 - Original - Bargreen-Ellingson, Inc. - Corrections Kitchen Equipment Replacement - 10/05/2018
I ANT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to Submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725, ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: Bargreen-Ellingson, Inc. Vendor Number (JDE): 39973 Contract Number (City Clerk) f t b Zj`d Category: Contract Agreement .. ... _,....._ _. .. . ....... .. .... . .__ .. . Sub-Category (if applicable) C i�r, Project Name Kitchen Equipment Replacement at Corrections Contract Execution Date: 10/05/18 Termination Date: 12/04/18 Contract Manager: Nancy Clary Department: Parks Contract Amount: $25,687.33 Approval Authority: ❑ Director X❑ Mayor ❑ City Council Other Details: �OT GOODS & SERVICES AGREEMENT between the City of Kent and Barg reen-E III ngson, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bargreen-Ellingson, Inc. organized under the laws of the State of Washington, located and doing business at 6626 Tacoma Mall Blvd, Suite B, Tacoma 98409, Loren Vail, 253 475-9201, Ivail@bargreen.com (hereinafter the "Vendor"). I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: ..... ....._....... ....... ... .............. . .... . .....,.................. --_- .......... Provide and deliver the following kitchen equipment to the City of Kent Corrections facility, 1230 Central Ave S, Kent 98032: (1) Kettle, Electric, Stationary, (1) Dishwasher, Door Type,, per Quote dated 08/10/2018, which is attached and Incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains Its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 60 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $25,687.33, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: _.......... Vendor shall invoice upon Letter of Acceptance by City, Net Terms: 30 days GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including INSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the Invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. J g,lec@ivy_gl_,...IIII la,t(<lr(rg , U� �Ll�. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B, I_im-I. (Dyj)Nffr)L--W91ffl,!.' SL:.,_(JpL!11,i. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and In accordance with Ch. 51,08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only In the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and Independent business that is eligible for a business deduction for federal Income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E„ The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, If the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made In strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A, Ng ce of Cj&rn Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B, I„tctl;rls. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C, qt t qi,.`, hailSy Lo Complote I,'i.S t„q<(t rl„V'o-q;)t. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including INSST) D. Dy not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E . By failing ho follow the procedures ufthis section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and detcrnn|nabon). VIID^ LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT/ FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD, IX" WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations toCity. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (Z) upon Vendor's receipt of notification from the City of the existence or discovery uf the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt urused parts will not boacceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time asdetermined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City |n order Uu accomplish the correction. X. 0IISC8iIM INAT%ON. In the hiring of employees for the performance of work under this Agreement or any uub'coniract the Vendor, its sub-contractors, or any person acting on behalf ofthe Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, Including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds tu avoid any of these covenants ufIndemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL lNSLV��N[I' TITLE 51 RCVV/ SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender ofdefense in any suit or any claim, if that tender was made pursuant to this Indemnification clause, and if that refusal Is subsequently determined by n court having jurisdiction (or other agreed tribunal) to have been wrongful refusal on the Vendor's part, then Vendor ' shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT ' 4 (Over$20/000, /ndud/nyW(SS7] attorneys' fees, plus the City's legal costs and fees Incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and Incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. E`ery.SJalplQ flo.Utidahs. 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 DlearJ,L, The failure of the City to insist upon strict performance of any of the covenants and reements 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. )1,µr�taCbitiapn -gi—_, i%P!!te5�__�n4I G9.Ytlil1l;t_(j1yy. 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; I._roM rl,efi, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. 1 l;.iti rtwj. V fe. 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, Assian n . 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. M,u1j.Jpco' ou;i. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. I sill) pgi c rrigrtj. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering In any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including INSST) H. 3II7I,plr�rrizt tiw'i�il kq„ ;�1. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or In the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. L W-I_I ,,,,,,aggrss Pgk. The Vendor acknowledges that the City Is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act, ]. 5,,,if, ldu ��rA, ,g „ ICeyLLn,4'i.._ 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. C �r rtr5�ats sn�tl -9-Ou krlt .(J_y. Issn 53t_._� r17.IJI, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: f CITY OF KENT: BY .......,. ._� / .... BY 13 ..�. { Psartturz=r (signature) Print Name: V12Pt Print Name: Q70n Its.— _M_ .+DY.gI:...._ -.................. ------------- DATE:— ......... .... DATE: tuMS NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Laren Vail Nancy Clary Barg reen-Ellingson, Inc. City of Kent 6626 Tacoma Mall Blvd, Suite B 220 Fourth Avenue South Tacoma, WA 98409 Kent, WA 98032 253 475-9201 (telephone) (253) 856-5084 (telephone) (facsimile) (253) 856-6080 (facsimile) GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) APPROVE S TO FORM: K ,ntLa epeitment TTE T rf'. Kent City Clerk GOODS &SERVICES AGREEMENT - 7 (Over$20,000, lnclud/ng WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically Identify the requirements the City deems necessary for any contractor, subcontractor or suppller on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above, By signing below, I agree to fulfill the five requirements referenced above. For: . IJARG�IZE�rJ L_ c c �JCSorI Title: .. .............. / Date:. ..,... .. '7,1 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of „_„ . ...... Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Far: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Quote 08/10/2018 Project: From: CITY OF KENT NATHEN HARPER Bargreen Ellingson- Washington Loren Vail 6626 Tacoma Mall Blvd Suite B Tacoma,WA 98409 253,475.9201 (253)722-2547 Direct Job Reference Number: 79413 Item Qty Description Sell Sell Total 1 1 ea KETTLE, ELECTRIC,STATIONARY $12,275.74 $12,275.74 Vulcan Model No. K40EL Stationary Kettle Electric,40-gallon true working capacity, 2/3 Jacketed, 316 series stainless steel liner with ellipsoidal bottom, fe $� spring assist cower with condensate ring 2°compression draw-off (i valve with perforated strainer, faucet bracket 130'right of draw-off, stainless steel construction,tog-leg base, cULas, UL EPH,ANSI/NSF 4, ASME 1 ea 1 year limited parts &labor warranty, standard 1 ea NOTE:This unit Includes: embossed gallon/liter markings, 316 stainless steel liner and heavy bar rim standard 1 ea 208v/60/3-ph, 18kW, 50.0 amps, direct wired, standard ITEM TOTAL: $12,275.74 -.._._... - --w....... — ._ $8,_4 _ 5166...._-LL _ $8,4_5_1.66 2 ______Tea 'DISHWASHER,DOOR TYPE Hobart Model No. AM15+BUILDUP V'r�Wo AM Select Dishwasher, door type, convertible high/low temperature sanitizing, 55-65 racks/hour capacity, straight-thru/corner Insta I I anon, stainless steel finish, PRV included, ENERGY STAR® 1 ea Standard warranty- 1-Year parts, labor &travel time during normal working hours within the USA 1 ea AM15-ELEOCD 480v/60/3-ph $659.46 $659.46 1 ea AM15-BSTYES With electric booster $1,965.26 $1,965.26 1 ea AM15-HTEELE Electric heat ITEM TOTAL: $11,076.38 3 PRICES INCLUDE FREIGHT TO DESINATION _,_.,_.,._._— -- .. -.._._.,, _. Merchandise $23,35212 Tax 10% $2,335.21 Total $25,687.33 CUSTOMER COMMITMENT: In foodservice, things don't always go as planned, When those things happen, Bargreen Ellingson is committed to make it right Our staff is given the power to resolve your issue. If they cannot, or if you are not completely satisfied, we encourage you to call our President, David Ellingson, at (253)234-1400.Thank you for, the opportunity to serve you! Initial: CITY OF KENT NATHEN HARPER Page 1 of 2 EXHIBIT A 0811012018 Acceptance: Date: Printed Name: Project Grand Total: $25,687.33 Initial: CITY OF KENT NATHEN HARPER Page 2 of 2 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The (."'ontractor shall procure and maintain for the dLlratl0r) of the AgreeMent, inUfl-W)CO against ciainns for injuries to persons or darnage to property Which nTay arise imam or in connection with the perform ante of the work hereunder by the Contractor' their ageritS, repi-eSelitatlVeS, 0rnP[0Y(,!eS or subcontractors. A. Minimum scope of Insurance Contractor shall obtain insurance of the types described below: I. Insurance covering aii owned, non-owned, hired and leased vehicles. cover-age 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. Insurance shall be written on ISO occurrence fo"rrn CG 00 01 and shall cover- liability arising from premises, operations, Independent coritractors, products-completed ()peratlons, personal rjUrY and �I(IVOI-LlSlng 111)'UrY, and liability M,Ur11K.,d under an insured corjtra(a.. The Corrinjercial General Liability Insurance shall be endorsed to provide the Aggregate Per Pl'*ct Endorsement ISO form CG 25 03 11 85, The City shall be narned as an insured under the Contractor's Cornmerciaf General LlabllitY Insurance 1)(flicy with respect to the work performed for the City USIrIg ISO additional insured endorsement, CG 20 10 11, 85 Or 8 substitute endorsement providing equivalent coverage, 3, .1j&r1 ,0,(ip�n_qcoverage 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, A�L(yJqAJIe LjaLillty insurance with a minimum combined s,Ingle lkm...i"t-foir-bo'-d- Ily injury and property damage of $1,000,000 per accident. 2, (1,11 Gelwy,d, insurance shall be written with hirnilts no less than 'i; 1,000,000 each occurrence, $2,000,000 and a $2,000,000 Pro general aggregate C_) products completed operations aggregate limit. EXHIBIT" (Continued ) C. other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1, The Contra tcsr's. Insurance coverage shall be pilrnary insurance as respect Ihr:; City, Any Insurance, self-insurance, or InRurance pool coverage maintained by the City shall tre, excess of the Contractor'„ insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mall, retw,n receipt requested, has beer; given to the City. 3, The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work, performed by or on behalf of the contractor and a copy of the endorsement naming tine City as additional insured shall be attached to the C e t9f1qptC' of.1 . cg, The City reserves the eight to receive a certified copy of all required insurance policies.. The Contractor's Commerdal General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit Is brought, except with respects to the limits of the insurer's liability, D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A,VII, E. Verification of Coverage Contractor shall furnish the,, CClty with original cewtif'icates and a copy of the �arnerrdaatory endorsements, Including but not necessarily limited to tlae additlonal Insured endor.se;nent, evidencinet the insurance requirements of the Contractor before commencement of the works. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Client#: 105580 BARGELLI ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 912112018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the-policy(ies)must have ADDITIONAL INSURED provisions or be-endorsed.mm---- If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Propel Insurance PHONE _ _-- 206.676.4211 FAX LAIC N E t) �(A(6,Mod Seattle Commercial Insurance E-MMII. ADDREss_cindy.penner�prapelinsu rance.com 601 Union Street, Suite 3400 --- -- — $Battle,WA 981 01-1 371 INSURERI SI A F FORCING COVERAGE NAICq .........................__..................ER(..........RCI .........._............................., ...... INSURER A:National Fire Insurance Company .INSURED INSURERB:Continental Casualty Company 20443 Bargreen Ellingson Inc. ........... ""�' ""'"' 6626 Tacoma Mall Blvd#B INSURER INSURER Tacoma,WA 98409-3607 _ INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AeOL'$UBR ..._, PCLICYEFF� POLICYE%P I TR TYPE OF INSURANCEPU POLICY NUMBER IMMIODIYYVYI MMIOOIVYYYI LIMITS A X COMMERCIALGENERAL LIABILITY X X 6018186112 0710112018 07/01/201 9 EACH OCCURRENCE $1 000 000 DAMAGE rYO RENTED 1 CLAIMS MADEL X�OCCUR PRFMIGF-LE enrol $100.000 MED EXP(Am one XrAJ,n $15.000 PERSONAL&ADV INJURY $1 000,000 GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2000.000���. POLICY X PECT X Loc PRODUCTS-COMNOPAGO s2,0GQ000 OTHER: $ _...._ AUTOMOBILE LIABILITY y.OMHINLVJ S.. l.... B X X 6D18186126 710112018 07/01l201 tFa,nrraalren(q 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per ac den/) $ AUTOS ONLY AUTOS HIRED NON OWNEDPff PERiV DAM'AG( X AUTOS ONLY X AUTOS ONLY JRgS,.Cldau} „ -$ B UMBRELAD OCCUR 6018186143 7/01/2018 07/01/201EACH OCCURRENCE $ 000 000$ EXCESS LIAe CLAIMS MADE AGGREGATE 35.000.000 _ LED X RETENTION x10 O00 _ ______ _. A WORKERS COMPENSATION 6018166112 7/O1I2O18 01/011201 PER ooH AND EMPLOYERS'LIABILITY ,a_m. .. ANY PROPRIETORIPARrNEwExEcurlvE Y I N WA/WY STOP GAP ONLY E L EACH ACCIDENT $1 000 000 OFFICEAMEMBER EXCLUDED? J NIA (Mandatory In NH) E L DISEASE-EA EMPLOYEE $1,000 000 If yes, JAsJnb.under OESCRI PTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1.000.000 A INLAND MARINE 6018186112 7101/2018 071011201E $500,000 Install Floater any one storage site Transit I I I 1 1 $100,000 In Transit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 1e1,Additional Remarks Schedule,may be attached Irmorespace Is required) Issued 9/21118 City of Kent is Additional Insured per the attached form(s)and/or endorsement(s) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE j1WL ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3359811/M3258581 CPP00 C/VA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage, and 2. this coverage part provides such coverage. II. But if the written contract requires, A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract, III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6018186112 Page 1 of 2 Endorsement No: Nat'l Fire Ins Cc of Hartford Effective Date: 07/01/2018 Insured Name: BARGREEN ELLINGSON, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C/VA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this Insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable. 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim, and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to Insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the Insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage, or 2. the offense that caused the personal and advertising injury, for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged, -- - This endorsement pa which forms a r of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.. CNA75079XX (10-16) Policy No: 6018186112 Page 2 of 2 Endorsement No: Nat'l Fire Ins Cc of Hartford Effective Date: 0 7/0112 01 8 Insured Name: BARGREEN ELLINGSON, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission, CNAGeneral Liability Extension Endorsementm It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury-Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury-Exception for Reasonable Force - 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability- Damage To Premises - � 12. Medical Payments 13. Non-owned Aircraft Coverage 14. Non-owned Watercraft 15. Personal And Advertising Injury-Discrimination or Humiliation 16. Personal And Advertising Injury -Contractual Liability 17. Property Damage- Elevators 18. Supplementary Payments 19. Unintentional Failure To Disclose Hazards 20. Waiver of Subrogation- Blanket CNA74879XX (1-15) Policy No: 6018186112 Page 1 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ...._ CNA General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) Is currently in effect or becomes effective during the term of this Coverage Part, and (2) was executed prior to: (a) the bodily injury or property damage, or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage, I However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured, or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises cc-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, CNA74879XX (1-15) Policy No: 6018186112 Page 2 of 13 Endorsement No: Effective Date', 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, Inc_,with its permission_ ..................... ....._ ................. CNAGeneral Liability Extension Endorsement maintenance or use of such land, provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease, The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G„ Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures', or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. 1, Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74879XX (1-15) Policy No: 6018186112 Page 3 of 13 Endorsement No: Effective Date: 7/1/2018 insured Name: Bargreen Ellingson, Inc, Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, Inc.,with its permission. .. .. C/VA General Liability"Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization Is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f, demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or Id. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply, a, to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. CNA74879XX(1-16) Policy No: 6018186112 Page 4 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc, Copyright ORA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. ........... _.__...._........ C/VA General Liability Extension Endorsement K. Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service, 2. for bodily injury or property damage included within the products-completed operations hazard; nor 3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other Insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE! NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: CNA74879XX (1-15) Policy No: 6018186112 Page 5 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc„with Its permission. CNA General Liability Extension Endorsement 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part, or I by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company orjoint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporallon; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a, bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor I personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7, EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury CNA74879XX (1-15) Policy No: 6018186112 Page 6 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc,with Its permission, CNAGeneral Liability Extension Endorsement Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property, 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured, 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A— Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits), ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement CNA74879XX (1-15) Policy No: 601 81 861 1 2 Page 7 of 13 Endorsement No. Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved, Inclides copyrighted material of Insurance Services Office, Inc,with its permission. CNA General Liability Extension Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS Is amended to. i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or It. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist, g. Physical therapist; h. Psychologist; i. Speech therapist', j. Other allied health professional; or Professional health care services does rat include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following the Named Insured's employees are Insureds with respect to: (1) bodily injury to a cc-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business, when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and CNA74879XX (1-15) Policy No: 6018186112 Page 8 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyrlght CNA All Rights Reserved, Includes copyrighted material of Insurance Seralces Office, Inc.,with its permission. C/VA General Liability Extension Endorsement (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED, c. add the following: Insured does not Include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES/ PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. 11. LEGAL LIABILITY—DAMAGE TO PREMISES A. Under COVERAGES, Coverage A— Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A— Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. CNA74879XX (1-15) Policy No: 6018186112 Page 9 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. _.._ __..... ........m CNAGeneral Liability Extension Endorsement C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control, E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE Is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of, (1) $15,000 unless a different amount is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, Coverage C — Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b)with the following', (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows, The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate Issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot', 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. CNA74879XX (1-15) Policy No 6018186112 Page 10 of 13 Endorsement No: Effective Date: 7/112018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc„with its permission, CNAGeneral Liability Extension Endorsement 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results In Injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSUREDS of this endorsement, or attachment of an additional insured endorsement to this Coverage Part. CNA74879XX (1-15) Policy 1 6018186112 Page 11 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc,with its permission. ............... _. CNA General Liability Extension Endorsement 16. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This Insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract, and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or Imprisonment. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS —COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following, So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE— ELEVATORS A. Under COVERAGES, Coverage A— Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and CNA74879XX (1-15) Policy No: 6018186112 Page 12 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc„with its permission. CNAGeneral Liability Extension Endorsement (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 20. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2, your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74879XX (1-15) Policy No: 6018186112 Page 13 of 13 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CNA General Aggregate Limit - Designated Projects Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART . ........ Desognated_- Construction—or Service Projects: SCHEDULE Each of your construction projects located away from premises owned by or rented to you Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows. I. For each single designated construction or service project shown in the Schedule above, a separate Designated Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that designated project, Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Designated Project General Aggregate Limit applicable to any other project. ll. All A. damages under Coverage B, regardless of the number of locations or projects Involved, B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single designated project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single designated project, will reduce the General Aggregate Limit shown in the Declarations. III. The limits shown In the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular designated project. IV. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V. If the applicable scheduled construction or service project has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. CNA74826XX (1-15) Policy No. 6018186112 Page 1 of 2 Endorsement No', Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson Inc Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc„with its permission. CNA General Aggregate Limit - Designated Projects Endorsement VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74826XX (1-15) Policy No: 6018186112 Page 2 of 2 Endorsement No: Effective Date: 7/1/2018 Insured Name: Bargreen Ellingson Inc Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.,with its permission, SCA 23 500D C iria NA (Ed. 1 D00D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE 1. Which are no longer in force, or A. Who Is An Insured 2. Whose limits have been exhausted. The following is added to Section It, Paragraph B. Bail Bonds and Loss of Earnings A.1.,Who Is An Insured: Section Il, Paragraphs A.2.a.(2) and A.2.a.(4) are 1. a. Any incorporated entity of which the Named revised as follows: Insured owns a majority of the voting stock 1. In a.(2), the limit for the cost of ball bonds is on the date of Inception of this Coverage increased from $2,000 to $5,000, and Form', provided that, b. The insurance afforded by this provision 2• In the limit for the loss of earnings is A.1. does not apply to any such entity that is increased from $250 to $500 a day, an "insured" under any other liability"policy" C. Fellow Employee providing "auto" coverage. Section II, Paragraph B.5 does not apply. 2. Any organization you newly acquire or form, Such coverage as is afforded by this provision C. is other than a limited liability company, excess over any other collectible insurance. partnership or joint venture, and over which you maintain majority ownership interest, II. PHYSICAL DAMAGE COVERAGE The insurance afforded by this provision A.2.: A. Towing a. Is effective on the acquisition or formation Section III. Paragraph A.2., is revised to include date, and is afforded only until the end of Light Trucks up to 10,000 pounds G.V.W. the policy period of this Coverage Form, or the next anniversary of its inception date, B. Glass Breakage — Hitting A Bird Or Animal — whichever is earlier. Falling Objects Or Missiles b. Does not apply to: The following is added to Section III, Paragraph A.3.: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred With respect to any covered "auto," any deductible before you acquired or formed the shown in the Declarations will not apply to glass organization; or breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. (2) Any such organization that is an "insured" under any other liability C. Transportation Expenses "policy" providing "auto" coverage. Section III, Paragraph A.4.a. is revised, with 3, Any person or organization that you are respect to transportation expense incurred by you, obligated to provide Insurance where required to provide, by a wr4ten contract or agreement is an insured, a. $60 per day, in lieu of$20; subject to but only with respect to legal responsibility for b. $1,800 maximum, in lieu of$600. acts or omissions of a person for whom Liability Coverage is afforded under this policy. D. Loss of Use Expenses 4. An "employee" of yours is an "insured" while Section III, Paragraph A.4.b. is revised, with operating an "auto" hired or rented under a respect to loss of use expenses incurred by you, to contract or agreement in that "employee's" provide'. name, with your permission, while performing duties related to the conduct of your business. a. $1,000 maximum, in lieu of$600. "Policy," as used in this provision A. Who Is An E. Personal Property Insured, includes those policies that were in force The following is added to Section III, Paragraph on the inception date of this Coverage Form but: A.4. SCA 23 500D copyright,cuA corporation,2000. Page 1 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance services Office used with its permission, CNA SCA 23 500D (Ed. 10111) G. We will pay up to $500 for loss to Personal a. Any covered "auto" you lease, hire, rent or Property which is: borrow without a driver; and (1) Owned by an "insured"; and b. Any covered "auto" hired or rented by your (2) In or on the covered "auto." "employee" without a driver, under a contract in that individual "employee's" This coverage applies only in the event of a total name, with your permission, while theft of your covered "auto " performing duties related to the conduct of This insurance is excess over any other your business. collectible insurance and no deductible applies. c. The most we will pay for any one "accident" F. Rental Reimbursement or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 The following is added to Section III, Paragraph whichever is less minus a $500 deductible AA.: for each covered auto. No deductible d. We will pay for rental reimbursement expenses applies to"loss" caused by fire or lightning. Incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment d. The physical damage coverage as is applies in addition to the otherwise applicable provided by this provision will be limited to amount of each coverage you have on a the types of physical damage coverage(s) covered "auto." No deductibles apply to this provided on your owned "autos." coverage. e. Such physical damage coverage for hired 1. We will pay only for those expenses "autos"will: incurred during the policy period beginning (1) Include loss of use, provided it is the 24 hours after the "loss" and ending, consequence of an "accident" for which regardless of the policy's expiration, with the the Named Insured is legally liable, and lesser of the following number of days: as a result of which a monetary loss is (a) The number of days reasonably sustained by the leasing or rental required to repair or replace the concern. covered "auto" or, (2) Such coverage as is provided by this (b) 15 days. provision G.e.(1) will be subject to a 2. Our payment is limited to the lesser of the limit of$750 per"accident." following amounts: H. Airbag Coverage (a) Necessary and actual expenses The following is added to Section III, Paragraph incurred; or, B.3. (b) $25 per day subject to a maximum of The accidental discharge of an airbag shall not be $375. considered mechanical breakdown. 3. This coverage does not apply while there I. Electronic Equipment are spare or reserve "autos" available to Section III, Paragraphs B.4.c and B.4.d. are you for your operations. deleted and replaced by the following, 4. If "loss" results from the total theft of a c. Physical Damage Coverage on a covered covered "auto" of the private passenger "auto" also applies to "loss" to any type, we will pay under this coverage only permanently installed electronic equipment that amount of your rental reimbursement including its antennas and other expenses which is not already provided for accessories under the Physical Damage Coverage Extension. d. A $100 per occurrence deductible applies to G, Hired "Autos" the coverage provided by this provision. The following is added to Section III. Paragraph A.: J. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph 8.6. If Physical Damage coverage is provided under Subject to the following, the "diminution in value" this policy, and such coverage does not extend exclusion does not apply to, to Hired Autos, then Physical Damage coverage is extended to: SCA 23 500D Copyright,CNA corporation,2000, Page 2 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. SCA 23 500D CNA (Ed. 10(11) a. Any covered "auto" of the private passenger governing document, and, while a resident of type you lease, hire, rent or borrow, without the same household, includes that person's a driver for a period of 30 days or less, while spouse, performing duties related to the conduct of Such "executive officers" are "insureds" while your business; and using a covered "auto" described in this b. Any covered "auto" of the private passenger provision. type hired or rented by your "employee" IV. BUSINESS AUTO CONDITIONS without a driver for a period of 30 days or less, under a contract in that individual A. Duties In The Event Of Accident, Claim, Suit Or "employee's" name, with your permission, Loss while performing duties related to the The following is added to Section IV, Paragraph conduct of your business. A.2.a. c. Such coverage as is provided by this (4) Your "employees" may know of an provision is limited to a "diminution in value" accident" or "loss." This will not mean that loss arising directly out of accidental damage and not as a result of the failure to you have such knowledge, unless such make repairs; faulty or incomplete accident"or"loss" is known to you or if you maintenance or repairs, or the installation of are not an individual, to any of your substandard parts, executive officers or partners or your insurance manager. d. The most we will pay for"loss" to a covered"auto" in any one accident is the lesser of: The following is added to Section IV, Paragraph A.2.b. (1) $5,000, or (6) Your "employees" may know of documents (2) 20% of the "auto's" actual cash value received concerning a claim or "suit," This (ACV) will not mean that you have such III. Drive Other Car Coverage—Executive Officers knowledge, unless receipt of such documents is known to you or if you are not The following is added to Sections II and III: an individual, to any of your executive officers or partners or your insurance 1. Any "auto" you don't own, hire or borrow is a covered "auto"for Liability Coverage while being manager. used by, and for Physical Damage Coverage B. Concealment, Misrepresentation or Fraud while in the care, custody or control of, any of The following is added to Section IV, Paragraph your"executive officers,"except: B 2 a. An "auto" owned by that "executive officer" Your failure to disclose all hazards existing on the or a member of that person's household; or date of inception of this Coverage Fortin shalt not b. An "auto" used by that "executive officer" prejudice you with respect to the coverage afforded while working in a business of selling, provided such failure or omission is not intentional. servicing, repairing or parking "autos." C. Policy Period, Coverage Territory Such Liability and/or Physical Damage Section IV, Paragraphs 7.(5).(a), is revised to Coverage as is afforded by this provision will be: provide: (1) Equal to the greatest of those a. 45 days of coverage in lieu of 30 days coverages afforded any covered "auto"; and V. DEFINITIONS (2) Excess over any other collectible Section V. Paragraph C. is deleted and replaced insurance. by the following: 2. For purposes of this provision, "executive "Bodily injury" means bodily injury, sickness or officer" means a person holding any of the disease sustained by a person, including mental officer positions created by your charter, anguish, mental injury or death resulting from any of constitution, by-laws or any other similar these SCA 23 500D Copyright CNA corporation,2000. Page 3 of 3 (Ed, 10/11) Includes copyrighted material of the Insurance Services Office used with its permission. POLICY NUMBER: COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Bargreen Ellingson, Inc. Endorsement Effective Date: 07/01/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. You must agree to that requirement prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 G-300429-A CNA (Ed. 11/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA PLUS COVERAGE PART Solely with respect to the coverage afforded under this whether primary, excess, contingent or on any insurance to any person or organization which qualifies other basis except that this insurance shall be as an additional insured pursuant to paragraph 2. b. or either primary to, or primary to and G. of SECTION II — WHO IS AN INSURED, the Other noncontributing with, such other insurance if so Insurance Condition of SECTION IV — CONDITIONS required by written contract or agreement with Is deleted and replaced with the following: the additional insured. This condition does not apply to insurance purchased specifically to 4. Other Insurance apply in excess of this insurance. 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