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HomeMy WebLinkAboutCAG2018-0050 - Original - All Around Fence Company - Kent Memorial Park Wiffle Ball Area - Fence and Gate Install - 11/07/2018 ENT 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: ALL AROUND FENCE COMPANY Vendor Number (]DE): 33539 Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): Choose an item,-_. Project Name: Fence and Gate Installation-Kent Memorial Park Wiffle Ball Area Contract Execution Date: 11/7/2018 Termination Date: 12/31/2018 Contract Manager: Ben Levenhagen Department: Parks Contract Amount: $6,836.51 Approval Authority: k Superintendent ❑ Director ❑ Mayor ❑ City Council Other Details: Contractor to supply labor and materials to install fence and gate at the Wiffle Ball area at Kent Memorial Park, located at 850 Central Avenue North, Kent WA PUBLIC WORKS AGREEMENT between City of Kent and All Around Fence Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Around Fence Company organized under the laws of the State of Washington, located and doing business at 14323 161h Street East, Sumner, WA 98390-9633, Mailing Address: P.O. Box 1029, Ravensdale, WA 98051-8101. Contact: Ron Dagley, Phone: 253-863-4895, Fax: 253-863-0704 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Per attached Estimate # 2018-3450, marked as Exhibit A, located at Kent Memorial Park, Wiffle Ball Area, 850 Central Avenue North, Kent, WA, supply labor and materials to install approximately 140 feet all black 4 foot tall, type 1-2"x8x4'11 core fence and supply labor and materials to install approximately 1#4 foot main gate. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed SIX THOUSAND EIGHT HUNDRED THIRTY SIX DOLLARS AND FIFTY ONE CENTS ($6,836„51), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement.. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B, Rekainagg. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the I Agreement. C. Deff Give or �nauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cast to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D, Final Paymenk: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. i V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Re s. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Cornpltp Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constatutea_,,,,,,,,,,,,,,,,,, W is ver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have j known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Nan er of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Lay. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Ngk ce. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. C m li nce with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Publie Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) J. City Business License Re wired. 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. unterparts and Signatures 12y„Fax ar Emaii. 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. a CONTRAC R CITY O �KENT; Z/1 BY: By. � „ (sign,a�ure) (signature) Print Name.40 Printl`ame: Garin Lee Tts kytAi¢ nn1- Its: Superintendent, Parks Operations � y y (title) yy DATE: 1Qtq � DATE: '8 _. _. .... ._....... _ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ron Dagley Ben Levenhagen All Around Fence Company Support Services Field Supervisor P.O. Box 1029 City of Kent Ravensdale, WA 98051-8101 220 Fourth Avenue South Kent, WA 98032 (253) 863-4895 (telephone) (253) 863-0704 (facsimile) (253) 856-5133 or (telephone) (253) 508-9548 (cell) (253) 856-6120 (facsimile) — ATTEST: ......... Kent City Clerk PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY I The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5, Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing b w, I a ree to fulfill the five requirements referenced above. By: ._...... _: . .... .... For: _. A Title: � ��S�WX/� Date: 1V 3 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DAT E: 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 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of, Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent, I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ......... _.......... For: �_......_. Title: Date: EEO COMPLIANCE DOCUMENTS - 3 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (October 12, 2018), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. ALL AROUND FENCE COMPANY By fi/M - Signature of Authorized C ficial* Printed Name: Title: PY-eSr rlbw-1 II _. Date: Q 4�Nq City and State: -....... *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 10/24/2018 about:blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 10/24/2018 County Trade jph t`lassificat on YVagg Holiday Overtime Note King Fence Erectors Fence Erector $41.45 7A 31 King Fence Erectors Fence Laborer $41.45 2A 39 about:blank 1/1 EXHIBIT A AFiLi All Around Fence Company Estimate u - �....1 PO Box 1029 _._._._ _ ._ 10/12/2 111 2018 3450 FENCE co„I ," Raven sdale WA 98051 _... Name / Address lob Site Address City of Kent KMP Wiffle Ball Area 220 4th Ave S 850 Central Ave N Kent WA 98032 . Rep ..... ,w RD Description Total Supply labor and materials to install approximately S,SOO.00T 140' all black 4' tall, type 1- 2"x8X4'11 core Supply labor and materials to install approximately 1# 4' man gate 715.00T ----- CHANGE ORDER ----- October 23, 2018 > Added 1 Commercial. (+$715.00) Total change to estimate +$786.51 ------------------------- Signature Date Subtotal $6,215.00 Phone # Fax # Sales Tax (10.0%) $621.51 253-863-4895 253-863-0704 Total $6,836.51 E-mail Web Site allaroundfence@allaroundfencewa.com www.allaroundfencewa.com EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shell procure and maintain for the duration of the Agreeraacnt,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the perforrnance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors, A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: L Automobile Liabili"tv insurance covering all owned,non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office JSO) farm CA 00 0l or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CoRmemial General Liabiii insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,.products-completed operations,personal injury and advertising iu�ury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1, Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 ,general aggregate and a$2,000,000 products- completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contattx, the following provisions for Automobile Liability, Commercial General liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty (30) days prior written notice by certified marl, return receipt requested,, has been given to the City. D. Contractor's Insurance For Other Losses -The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of net less than AN II. F. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders R. sk insurance policy that includes all applicable auditions, exclusions, definitions,teens and endorsements related to this project. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furrdsh 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. � `�� CEO., �CATE OF LIABILITY INSUfi., °"TIE'""°°" "N �THIRSTJCEWFFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ICATIS DOESNOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OW,. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:, If the aeryN71: 1e holder is an AE I I I I: NAL INSURED, the POH Vs must the terms and conditions of the if Y require cY'I ) be endorsed.. If SUBROGATION IS WAIVED,subject to Policy,certain pollcNra may Wro an endorsement A statement on this certificate does not confer rights to the carti8ute holder in lieu of such endorsement 3 . PRODUCER Hell Anderson Agency, Inc. Carl Maciolek, ACSR P NE -�'��� (425)291-5200 .. ..._..ram 600 SW39tb St, Suite 200 It - '------- --..—_..,_ mm,,, pyv0 pIN„U.L4�51291 5100 AQDREIIS CAr=10bell andersan com tlN$URE S AFFONDy '-.... Renton WA 98057 ..°.-,. _-....-.'.—.-._.._PoS,,.C.......__ MO cdwE'.R,epE NA6Cr iNSUNENA Continental ■asterp_1ne Ca _--.-_.._.....— ........_....... ..,m...�._.._- A11 Around Fence Company INSURER s"'-'- —PO Box 1029 '- IURER 0 _.....�...�. _... Ravenadale WA 98051 ---- IN SENF: ..__ { .__......�... COVERAGES CERTIFICATE NUMBBR]CL1712126259 - - - ISION NUIlil THIS IS TO CERTIFY 7HAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDEVNAMED BOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH THIS CERTIFICATE AND O ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXC..U SIONS ANO CONDITIONS OF SUCH POLICIES IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE R COMMERCMC QENERAL LIABILITY IJMITS �...-. -.`A : CLA:M4MAOE 7G_; OCCUR `E4CNIOCCURRENCEDA�7T,'GE'TDRFNTEty 7 11000,000 U.M 'S o�Nrzpwry 3 300,000. X Y CPA602961222 ME 1 ' 1,- F... 12i 1/2017 12/L/201B """-" -""'- MEO FJ(PpgP�bypy,p,�Y S 10,0a0 ......._ _LIMIT A.P.._ PERSOW6t.d ADV 9NJURY b 1,0001000 GEN'L AGGREGATE LIMIT APPLIES PER -----. ..,___._ _._ ' POLICY. X JECII; _T LOG a 'GENERAL AGGREGATE t 2'000,000 h OTHER. PRCOUCT$.COMP/OP AGG 1 2 Ono,-00a , —_.`_ ....._..�...y_" �AUTOMOBILE lY&CITY $ HIRED AUTOSr- NON-0WNED X T CPX502961222 12/1/2017 BODILY INJURv Ppr �ws 1000,OOD . _ I A 7[ v ALL OWNED P" „U AUTOS ( 12/1/2018 BOOILV INJURvIpa-amNerrtJ-5 I AUTOS I j °PR E Y 57, AA m X i. UMBRELLA WB 'OCCUR A YYYORIstq SATIONN „CIhIIla 000� ^CPAS02961222 12/1/2017 12/1/2016 rAGGREGAtE PENCE an0, AND EMPLOYERS LABILITY I _ - 'ANYPROPRIETOR)PARTNER ECUTVE 1N DFFRCER EMBER"CLUDEDI NMI ------ fMAWsP,in 'EL EACH ACCIDENT f.. 1 0't0 afYO A 0SCHIt TION NH) .—•'j CPA602P961ZF22 PE DISEASE AEiCMeLMT f.._ 1AOOfJ q0 Ayy" Josa$b,under 1 12/1/2017 12/1/2018 DESCRIPTION OF OPERATIONS !aA3 0 t 0. V p i DESCRIPTION OF OPERATIONS Y LOCATgNs/VEHICLES (ACONO 101,AddlUwul RrmNr ScMdulr,mry G rWCNed R,n� The certificate holder is additional insured ,mel""4#CL and NCLCA0149 0215. waiver of subrogation per the attached endeoraemen LCG0492 9 091fi, i1CLCG2071 0916 04 Per the attached endor ement CLCG0492 0916 and KCLG0149 0215. Primary & non-contributory coverage per the Attached endorsement ACLCGD529 0916 and #CLCG2071 0916, CERTWICATE HOLDER CANCELLATION jedavis2kentwa.gov :220Folurth Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATWhI DATE THEREOF, NOTICE WILL HE DELIVERED IN ntenance ACCORDANCE WITH THE POLICY PROVISIONS, creation 6 Community Services Avenue South AUTHOWEO REPRESEN 98032 Jason Webb/CEM - � l_>•'__Q�Q- ACORD 25(2014101) The ACORD name and I ®1988-2014 ACORD CORPORATION. All rights reserved. INSO2A,,n,,„ 090 are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CL CG 0492 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, GENERAL LIABILITY ULTRA, PLUS ENDORSEMENT This endorsement modes insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS ._-........... . . Provision Name Of Coverage Extension Included or Limit of Insurance A Miscellaneous Additional Insureds - - ."""` - -- -- Included B Expected Or Intended Injury Or Damage -- -- Included C. Knowledge Of Occurrence `�— """"`"- - -- - ncluded D. .w.`.._.. -�.� _,..-._..-(F r" .__.-..m..�- Legal Labil ty—Damage To Premises Rented To You (Fire, Lightning $300 000 Explosion Smoke, Or Leakago From Automatic Fire Protective SsCemS� E Medical Payments -------- _. 00( F- Mobile Equipment Redefined -- Included — G. Newly Formed Or Acquired Organization„ Partnership Or Limited Liability - Included '.. Company And Extended Period Of Coverage H. Who Is An Insured-Amendment _— __--._ _ ._ ..__.... --- ncluded I. Non-Owned Watercraft(Increased to maxi um length of less than 51� ncluded —. feet _ �_. .- J. Supplementary Payments- Increased Limds 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1,000 ---- Unintentional Omission O--ni-t_en -onnaa _rro_In.D�isc losureK. _ __..._. Included L. Waiver Of Transfer Of Rights Of Recovery Against Others- Included M. Liberalization Clause _ ----- -. _ n cluded N. . Incidental Medical Included W The above is a summary only Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that this endorsement, This endorsement applies only if such Coverage Part is included in this policy a. The written contract or written agreement A. MISCELLANEOUS ADDITIONAL INSUREDS is 1. Section II - Who Is An Insured is amended (1) Currently in effect or becoming effective during the term of this to include as an insured any person or policy, and organization (referred to as an additional insured below) described in Paragraphs (2) Fully executed by you and the A.rl.c.(i) through AA.c.('6) below when you additional insured prior to the "bodily and such person or organization have agreed injuryI', "property damage" or "per- in writing in a contract or agreement that sonal and advertising injury, such person or organization be added as an CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of does not apply to any person or such additional insured organization included as an additional insured by a separate endorsement (4) Lessor Of Leased Equipment issued by us and made a part of this Any person(s) or organization(s) 1 policy or coverage part from whom you lease equipment but C. Only the following persons or organ[- only with respect to liability for "bodily zations are additional insureds under this injury', "Property damage' or "per. { provision, with coverage for such spinal and advertising injury" caused, additional insureds limited as provided In whole or in part, by your herein maintenance„ operation or use of equipment leased to you by such (1) Managers Or Lessors Of Premises person(s)or organization(s) A manager or lessor of premises but A person's or organization's status only with respect to liability arising as an additional insured under this out of the ownership, maintenance or endorsement ends when their written use of that part of the premises contract or written agreement with leased to you and subject to the you for such leased equipment ends following additional exclusions This insurance does not apply to any This insurance does not apply to occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires place after you cease to be a (5) State, Municipality, Governmental tenant in that premises Agency Or Subdivision Or Other (b) Structural alterations, new con- Political Subdivision — Permits Or struction or demolition operations Authorizations Relating To performed by or on behaff of Premises such additional insured. Any state, municipality, govern- (2) Mortgagee, Assignee Or Receiver mental agency or subdivision or other political subdivision subject to A mortgagee, assignee, or receiver the following additional provisions: but only with respect to their liability as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, respect to: maintenance, or use of a covered (i) The following hazards for premises by you which the state, municipality, This insurance does not apply to governmental agency or structural alterations, new con- subdivision or other political struction or demolition operations subdivision has issued a performed by or on behalf of such Permit or authorization in additional insured. connection with premises you own, rent or control and (3) Owners Or Other Interests From to which this insurance Whom Land Has Been Leased applies. An owner or other interest from (1.1) The existence, whom land has been leased to you maintenance, repair, btrt only with respect to liability construction, erection arising, out of the ownership, mainte- or removal of adver- nance or use of that part of the land tising signs, awnings, leased to you and subject to the canopies, cellar following additional exclusions entrances, coal holes, This insurance does not apply to driveways, manholes, marquees, hoist away (a) Any 'Occurrence" which takes openings, sidewalk place after you cease to lease vaults, street banners that land or decorations and (b) Structural alterations, new con- similar exposures, or struction or demolition operations CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc , Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to elevators or (I) "'Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement. This exclusion the state, municipality, does not apply to liability for governmental agency or damages that the vendor subdivision or other political would have in the absence of subdivision has issued a the written contract or written permit or authorization agreement, (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury', "property dam- thorized by you, age" or"personal and advertising (iii) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor, subdivision or other political subdivision. (iv) Repackaging, except when unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organizations) with demonstration, testing, or the a controlling interest in the Named substitution of parts under Insured but only with respect to their instructions from the manu- liability arising out of facturer, and then repackaged in the original (a) Their financial control of you, or container, (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises, tests or servicing as the This insurance does not apply to vendor has agreed to make structural alterations, new con- or normally undertakes to struction or demolition operations make in the usual course of performed by or for such persons) business, in connection with or organization(s), the distribution or sale of the (7) Co-Owner Of Insured Premises products, (vi) Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises the sale of the product, (8) Vendors (vii) Products which, after distri- (a) Any person(s) or organization(s) bution or sale by you, have (referred to as vendor), but only been labeled or relabeled or with respect to "bodily injury" or used as a container, part or "property damage" arising out of ingredient of any other thing your products" which are or substance by or for the distributed or sold in the regular vendor, or course of the vendors business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 3 of 7 with its permission (viii)"SodilY n arY or "property Y 3. With respect to the insurance afforded to trie damage" arising out of the additional insureds within this Provision A. sole negligence of the Miscellaneous Additional Insureds the vendor for is own acts or following is added to Section 11 --Limits Of omissions or those of its Insurance. employees or anyone else acting on its behalf How- The most we will pay on behalf of the ever, this exclusion does not additional insured is the amount of insurance apply to a. Required q ed by the written contract or (1.1) The exceptions wntten agreement, or contained in Sub- b. Available under the applicable Limits of paragraphs (iv) or (vi), Insurance shown in the Declarations, or (1.2) Such inspections, ad- whichever is less justments, tests or This endorsement shall not increase the servicing as the applicable Limits Of Insurance shown in the vendor has agreed to Dedaratrons make or normally B. EXPECTED OR INTENDED INJURY OR undertakes to make in DAMAGE the usual course of business, in con- Exclusion 2.a. Expected Or Intended Injury of nection with the Section I — Coverage A — Bodily Injury And distribution or sale of Property Damage Liabilffiy is deleted and the products. replaced by the following (b) This insurance does not apply to a. Expected Or Intended Injury Or Damage ainy insured person or organi- "Bodily injury'or"property damage"expected zatiOn, from whom you have or dntendad from the standpoint of acquired products, Or any theinsured. This exclusion does not apply to ingredient part or container, "bodily injury" or"property damage" resulting entering into, products accompanying or from the use of reasonable force to protect cantarning such products persons or property 2. With respect to coverage provided by this C. KNOWLEDGE OF OCCURRENCE Provision A. Miscellaneous Additional Insureds, the following additional provisions Paragraph 2.a, Duties In The Event Of apply Occurrence, Offense, Claim Or Suit of Section a. Any insurance provided to an additional is — Commercial General Liability Conditions s deleted and replaced by the following insured designated under Paragraphs . A.1.c.(1) through. AA.c.(S) above does a. You must see to it that we are notified as not apply soon as practicable of an "occurrence" or an (1) To "bodily injury' or offense which may result in a claim only "Property damage" included within the when the "occurrence" or Offense is known"products-completed operations to hazard", or (1) You, if you are an individual, (2) To "bodily injury". "property damage" (2) A partner, if you are a partnership, Or "personal and advertising injury (3) A manager, if you are a limited liability arising out of the sole negligence of such additional insured company, or b. The insurance afforded to such additional (4) An executive officer" or the 'employee,, insured only applies to the extent designated by you to give such notice, if permitted by law you are an organization other than a Partnership or a limited liability company C. The insurance afforded to such additional To the extent possible, notice should include insured will not be broader than that : which you are required to provide by the (1) How, when and where the "Occurrence" written contract or written agreement or Offense took place, CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 4 of 7 with its permission (ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses, and lightning, explosion, "smoke", or leakage (iii) The nature and location of any injury or from automatic fire protective systems, damage arising out of the "occurrence" while rented to you or temporarily or offense Occupied by you with permission of the D. LEGAL LIABILITY - DAMAGE TO PREMISES owner RENTED TO YOU (Fire, Lightning„ Explosion, This limit wilt apply to all damage Smoke, Or Leakage From Automatic Fire proximately caused by the same event, Protective Systems) whether such damage results from fire, lightning, explosion, "srmoka", leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any Part,, then the fafllowing provisions apply combination thereof 1. Under Section 1 - Coverage A - Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Injury And Property Damage (Liability, the Other Insurance of Section IV - last paragraph (after the exclusions) is Commercial General Liability Conditions deleted and replaced by the following is deleted and replaced by the following Exclusions c. through n, do not apply to dam- (ii) That is fire, lightning, explosion, "smoke' age by fire, lightning, explosion, "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner, permission of the owner A separate limit of S. Subparagraph a. of Defnticn 9. "Insured insurance applies to this coverage as described in Section III - Limits Of contract" of Section V - Definitions is Insurance deleted and replaced by the following 2. The paragraph immediately after Sub- a. A contract for a lease of premises. paragraph j.(6) of Paragraph 2. Exclusions However, that portion of the contract for of Section I - Coverage A - Bodily Injury a lease of premises that indemnifies any And Property Damage Liability is deleted Person or organization for damage by and replaced by the following_ fire, lightning, explosion, "smoke" or leakage from automatic fire protective Paragraphs (1), (3) and (4) of this exclusion systems to premises while rented to you do not apply to "property damage" (other or temporarily occupied by you with than damage by fire lightning, explosion, permission of the owner Is not an smoke", or leakage from automatic fire "insured contract" protective systems) to premises including the contents of such premises" rented to you 6. As used in this Provision D. Legal Liability- for a period of seven or fewer consecutive Damage To Promises Rented To Your, days. A separate limit of insurance applies to "Smoke" does not include smoke from Damage To Premises Rented To You as agricultural smudging, industrial operations described in Section III - Limits Of or"hostile fire" Insurance. 3. Paragraph 6. of Section III - Limits Of E. MEDICAL PAYMENTS Insurance is deleted and replaced by the It Coverage C -- Medical Payments is not following: otherwise excluded from this policy or coverage part, the Medical Expense Unr i is changed. 6. Subject to Paragraph 5. above, the subject to the terms of Section Ill Limits Of greater of: insurance, to the greater of, a. $300,000, or a. $10,000, or b. The Damage To Premises Rented b. The Medical Expense Limit shown in the To You Limit shown in the Declarations. Declarations, is the most we will pay under Coverage F. MOBILE EQUIPMENT REDEFINED A for damages because of "property Subparagraph li of Definition 12. "Mobile damage" to premises while rented to equipment" of Section °V-Definitions is deleted' and replaced by the following CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of parturarship or limited liability company ,000 pounds or more and designed primarily are the same or similar to the operations for of insureds already covered under this (a) Snow removal; insurance, (b) Road maintenance, but not construction (v) Coverage only aidi for Chose limited or resurfacing, or liability companies who have established (c) Street cleaning; a date of formation as recorded within the filed state articles of organization, G. NEWLY FORMED OR ACQUIRED ORGANIZA. certificates of formation or certificates of TION, PARTNERSHIP OR LIMITED LIABILITY organization, and COMPANY AND EXTENDED PERIOD OF NO Coverage only applies for those COVERAGE to of norships who have established a date of Paragraph 3. of Section II -Who Is An Insured formation as recorded within a written is deleted and replaced by the following partnership agreement or partnership 3. Any organization you rawly acquire or form, certificate other than a joint venture, and aver which H. WHO IS AN INSURED-AMENDMENT you maintain ownership or The last paragraph of Section II - Who Is An a. Majority interest of more than 50% if you Insured is deleted and replaced by the following are a corporation; No person or organization is an insured with b. Majority interest of more than 50% as a respect to the conduct of any general partner of a newly acquired or a. Current partnership or limited liability formed partnership, and/or company, unless otherwise provided, for c. Majority interest of more than 50% as an under Paragraph, 3. of Section iI - Who Is owner of a newly acquired or formed An Insured; limited liability company, b. Current joint venture, or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company, organization However, for these organiza- tions. that is not shown as a Named Insured in the (i) Coverage under this provision is afforded Declarations only until the next anniversary date of I. NON-OWNED WATERCRAFT this policy's effective date after you Subparagraph (2) of ExOuslon 2.g. Aircraft, acquire or form the organization, Auto Or Watercraft of Section I - Coverage A partnership or limited inability company, - Bodily Injury And Properly Damage Liability or the end of the policy period, whichever is deleted and replaced by the following is earlier, (li) Section p - Coverage A - Bodily injury (2) A watercraft you do not own that is And Property Damage Liability does (a) Less than 51 feet long, and not apply to "bodily injury" or "property (b) Not beingused to car damage" that occurred before you Garry Persons or acquired or formed the organization, Property for r a charge, partnership or limited liability company„ J. SUPPLEMENTARY PAYMENTS- INCREASED (iii) Section I - Coverage 8 - Personal LIMITS And Advertising Injury Liability does Section I - Supplementary Payments - not apply to "personal and advertising Coverages A And B is changed as follows injury" arising out of an offense 1. The limit shown in Paragraph 1.b. for the committed before you acquired or formed cast of bail bonds is changed from $250 to the organization, partnership or limited $3,000, and liability company; (iv) Coverage 2. The limit shown in Paragraph 1.d. for loss of of erag newly only when operations earnings because of time off from work is theaway acquired organization, changed from $250 a day to$1,000 a day CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc Page 6 of 7 with its permission i UNINTENTIONAL OMISSION OR UNINTEW M. LIBERALIZATION CLAUSE TONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. The following is added to Section IV - Commercial General Liability Conditions: Representations of Section ad IV - rrnmeecial 6. General Liability Conditions If we adopt a. mandatory attachment form change which broadens coverage under this edition of However, the unintentional omission of, or unintentional error in, any information given or additional charge, and those chang the Commercial General Liability C hang for no re provided by you shall not prejudice your rights es are under this insurance g intended to apply to all insureds under this edition Of CG0001, that change will automatically apply This provision does not affect our right to collect to your insurance as of the date we implement additional premium or to exercise our right of the change in your state. This liberalization cancellation or non-renewal clause does not apply to changes implemented through introduction of a subsequent edition of L. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS the Commercial General Liability form CGD001. The following is added to Paragraph 8. Transfer N. INCIDENTAL MEDICAL MALPRACTICE Of Rights Of Recovery Against Others To Us 1 Paragraph 2.111 of Section II - Who Is of Section IV - Commercial General Liability An Insured does not apply to a physician, Conditions nurse practitioner, physician assistant„ nurse, We waive any right of recovery we may have emergency medical technician or paramedic against an employed by you if you are not in the 9 y person or organization because of business or occupation of providing medical, Payments we make for injury or damage arising out of your ongoing operations or"your work" and nu rsing n services surgical, dental, x-ray or ni included in the "products-completed operations Hre ng services hazard" when you have agreed in a written 2. This provision is excess over any other valid contract or written agreement that any right of and collectible insurance whether such recovery is waived for such person or insurance is primary„ excess, contingent or organization, This waiver applies only to the on any other basis, Any payments by us will person(s) or organization(s) agreed to in the follow Paragraph 4.b. of Section IV - written contract or written agreement and is Commercial General Liability Conditions subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the"bodily injury' or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc with its permission Page 7 of T COMMERCIAL GENERAL LIABILITY CL CG 05 29 10 17 THIS ENDORSEMENT CHANGES THE POLICY" PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2s. above, the words caused,n ADDITIONAL INSURED - OWNERS, LESSEES whole or in part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS wards arising out of INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section II -Who is An Insured is amended to insured only applies to the extent include as an additional insured any person(s) Permitted by law,and or organization(s) for whom you are required by virtue of a written contract or agreement d. If coverage provided to the additional that such persons) or Organization(s) be insured is required by a contract or added as an additional insured on your policyagreement, the insurance afforded to such additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract insured is limited as follows. or agreement to provide for such a. Such additional insured. person or organization is an adddional insured only with respect to e. This insurance ends at the earliest of the liability for "bodily injury'' "property following times: damage" or "personal and: advertising injury"caused in whole or in part by: (1) When any Named Insured(s) work called for in the written contract has (1) Ads or omissions of the Named been completed Insured; or (2) When all Of any Named Insureds) (2) The acts or omissions of those acting work done at a job sde has been on behalf of the Named Insured; Completed if the written contract calls in the performance of the Named Insureds for work at more than one job site work for the additional insured(s) specified (3) When that part of any Named in the written contract provided the Insured(s work done at a fob site has contract or agreement requires you to been put to its intended use by any provide the additional insured such person or organization other than the coverage and is. Named Insured or those acting on the f. Currently in effect or becomes Named Insured(s)behalf. effective during the term of this Work that may need service, maintenance, policy; and correction, repair or replacement, but is it Was executed p or tO the '"badil otherwise complete, will be treated as y completed. injury", 'Property damage" or "Personaf and advertising Injury' f. This insurance does not apply to any b. If the written contract specCally raquines additional insured scheduled on your YOU to provide additional insured coverage policy by separate endorsement via the 10101 edition of CG2010 (aka CG ll For purposes of paragraph A of this 20 10 TO 01) or via the 11/85 edition of endorsement the terms "you" and "your' CG2010 (aka CG 20 10 11 85), then in refer to the Named Insured shown in the Declarations. CL CG 05 29 10 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 3, Exclusions a. Required by the contract or agreement; or with respect to the insurance afforded to these additional insureds, the following additional b. Available under the ap ecarat ns of exclusions apply to "bodi inu Insurance shown in the Declarations, PP Y ry i �', "Property damage" or "personal and advertiaing injury, whichever is less. arising out of: This endorsement shall not increase the a. The rendering Of Or failure to render any applicable Limits of Insurance shown in the professional services by you or on your Declarations. behalf, but only with respect to either or 5 Other Insurance both of the following operations. (i) Providing engineering, architectural or For purposes of this endorsement, the bolloavn surveying services to others in your g is added to the Section IV - capartly as an engineer, architect or Commercial General Liability Conditions, 4. surveyor; and Other (2) Providing, or hiring independent Insurance condition and supersedes any Professionals to provide,. engineering, Provision to the contrary. archilectural or surveying services.. in This insurance is excess of all other connection with construction work you insurance available tc an additional perform Insured whether on a primary, excess, b. Subject to Paragraph c. below, contingent or any other basis But, if Professional services include: required by a written contract or written agreement to be primary and (1) Preparing, approving, or failing to noncontributory, this insurance will be prepare or approve, maps, shop Primary 10 and will not, seek contribution drawings, opinions, reports, surveys, from any insurance on which the additional field Orders, change orders, or insured is a Named Insured, drawings and specrfical;ions,and No other coverage or limit in the policy (2) Supervisory or inspection activities applies to loss or damage insured by this performed as part of any related coverage architectural or engineering activHes. B. The following coverage is added: c. Professional services do not include services within construction means, CONTRACTUAL LIABILITY -RAILROADS methods, techniques, sequences and t nth respect to operations performed for a procedures employed by you or performed Railroad within 50 feet of railroad property, the by or for the construction manager, its definition Of "insured contract" do Section V - employoes or its subcontractors in Definitions is replaced by the following. connection with your ongoing operations. 9. "Insured Contract"means: This exclusion applies even if the claims against any insured allege negligence or other a• A contract for a pease of premises wrongdoing in the supervision, hiring, However, that portion of the contract employment, training or monitoring of others for a lease of premises that by that insured, if the "occurrence" which indemnifies any person or caused the "bodily injury" or "property organization for damage by fire to damage", or the offense which caused the premises while rented to you or "personal and advertising injury", involved the temporarily occupied by you with rendering of, or the failure to render, any Permission Of the owner is not an professional architectural, engineering or insured contract"; surveying services. b. A sidetrack agreement, 4. Limits of Insurance c. Any easement or license agreement; Wrth respect to the insurance afforded to these d. An obligation as required by additional insureds, the following is added to ordnance, to indemnify a murlicparuty,Section III - Limits Of Insurance: except in connection with, work for a. If coverage provided to the additional insured municrpatity; is required by a contract or agreement, the e. An elevator maintenance agreement, most we will pay on behalf of the additional Insured is the amount of insurance. f. That part of any other contract or agreement pertaining to your business Page 2 of 3 Includes copyrighted material of Insurance Services (ice, Inc with its permission, CL CG OS 29 70 17 (including an indemnification of a C. AGGREGATE LIMITS OF INSURANCE municipality, in connection with work performed for a municipality) under The General Aggregate Limit under SECTION III - which you assume the ton liability of LIMITS OF INSURANCE applies separately to another party to pay for "bodily injury" each of your. or property damage" to a third person or orgamzatl'on Tort Inability means a 1. Projects away from premises owned by or . liability that would be imposed by law rented to you. in the absence of any contract or 2. "Locations"owned by or rented to you, agreement. "Location" means premises involving the same Paragraph I. does not include that part or connectinglots, or of any contract or agreement premises whose connection is interrupted only by a street, (1) That indemnifies an architect, roadway, waterway or right-of-way of a engineer or surveyor for injury or railroad. damage arising out of: When paragraph B. Construction Project (a) Preparing, approving or failing General Aggregate Limit on form CL CG 00 20 is to prepare or approve maps, a part of this policy, then this endorsement shop drawings, opinions, CL CG 05 29 paragraph, D. Aggregate Limits of reports, surveys, field orders, Insurance does not apply. change orders or drawings and specifications, or (b) Giving directions or instructions,. or failing Co give them, if that is the primary cause of the injury or damage, (2) Under which the insured, if an architect, engineer or surveyor, assumes Inability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV- Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other Insurance that is Railroad Protective Liability or similar Coverage for"your work' performed for a Railroad, But, if required by a written contract or written agreement to be primary and noncontributory, this Insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. CL CG 05 29 10 17 Includes copyrighted material of Insurance Services Office, Inc with its permission. Page 3 of 3 f COMMERCIAL AUTO CL CA 01 49 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXP ANSION NSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modfled by this endorsement A. NEWLY ACQUIRED OR FORMED ORGANIZA- TIONS property damage because of the conduct of an "insured" under Paragraphs a. or b. The following is added to Paragraph A.I. Who Is under Paragraph A.I. Who Is An Insured of An Insured of Section II - Covered Autos Liability Section If - Covered Autos Liability Cover- Coverage age, caused by an "accident" and resulting Any organization you newly acquire or form, oth- from the ownership, maintenance or use of a partnership, covered "auto"; er than a p p, joint venture or limited lia- bility company or any organization excluded ei- 2. The written contract or agreement described ther by this Coverage Part or by endorsement, above must have been executed prior to the and over which you maintain ownership or me- "accident" that caused the "bodily injury" or forty interest of more than 50 percent will qualify property damage" and be in effect at the as a Named Insured, However time of such"accident", 1. This insurance does not apply to any newly 3. The insurance afforded to any such addition- acquired or formed organization that is an al "insured" does not apply to any "accident" '.Insured" under any other automobile policy beyond the period of time required by the or would be an "insured" under such policy written contract or agreement described but for its termination or the exhaustion of its above, Limit of Insurance 4. The most we will pay on behalf of such addi- 2. Coverage does not apply to "bodily injury" or tional "insureds is the lesser of. "'property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization, written contract or agreement described 3. Coverage under this provision is afforded on- above, or ly until the 180th day after you acquire or form the organization or the end of the policy b• The Limits of Insurance shown in the period, whichever is earlier Declarations B. ADDITIONAL INSURED BY CONTRACT OR This provision shag not increase the Limit of AGREEMENT Insurance shown in the Declarations in this policy or coverage part, and The following is added to Paragraph A.1., Who Is An Insured of Section II - Covered Autos Liability 5' The following changes are made to Para- Coverage: graph 5. Other Insurance of B. General Con- ditions under Section IV - Business Auto When you have agreed in a written contract or Conditions: agreement to include a person or organization as an additional "insured", such person or organiza- tion is 'included as an "insured" subject to the fol- If required by the written contract or lowing. agreement described above, the insur- 1 Such person or organization is an additional ante afforded to the additional insured "insured" only to the extent such under this provision will be primary to, organization is liable for "bodily person or and will not seek contribution from, the additional insureds own insurance. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 5 b. Paragraph 5.c. is deleted in its entirety 1. The Limits of Insurance are increased to $75 6. Paragraph A.t.c. under Section II - Covered per day to a maximum of$2,500. Autos Liability Coverage is deleted in its en- 2. We will also pay reasonable and necessary tirety expenses to facilitate the return of the stolen 7. The definition of 'insured contract" under "auto"to you Section V- Definitions is amended to add the 3. It is agreed and understood and it is our stat- followi'ng ad indent that expenses incurred by you un- An "insured contract" does not include that der the Transportation Expenses Coverage part of any contract or agreement: Extension will not also be covered or paid That under the Rental Reimbursement Coverage pertains to the ownership, maintenance provided by this endorsement or any rental' or use of an "auto" and which indemnifies a reimbursement coverage added by separate person or organization for other than the vi- endorsement to this policy. carious liability of such person or organize- Ilion for 'bodily injury" or "property damage,, H. EXTENDED COVERAGE -AIRBAGS caused by your operation or use of a covered The following is added to Exclusion B.3.a. of auto Section III - Physical Damage Coverage However, a person or organization is an ad- ditional "' However, this exclusion does not apply to the un- Insured" under thus provision only to intended discharge of an airbag. the extent such person or organization is not named as an "insured by separate en- This coverage is excess over any other collecti- dorsement to this policy ble insurance or warranty providing such airbag C. EMPLOYEES AS INSUREDS coverage The following is added to Paragraph AA Who Is I. AUTO LOANILEASE GAP COVERAGE An Insured Section II - Covered Autos Liability The following is added to Section III - Physical Coverage: Damage Coverage, Paragraph C. Limits of Insur- Any "employee" of yours is an "insured" while ance using a covered "auto"you don't own, hire or bor- 4. In the event of a total "oss"to a Covered"au- row in your business or your personal affairs. to we will pay any unpaid amount due on D. INCREASED COVERAGE - BAIL BONDS the lease or loan for a covered "auto' less The Supplementary Payments Coverage Exten- a. The amount under the Physical Damage Coverage section of the policy, and soon of Section II - Covered Autos Liability Cov- erage is amended as follows It. Any The Limit of Insurance in paragraph A.2.a.(2) is (1) Overdue lease/loan payments at the increased to $5,000- time of the"loss E. INCREASED COVERAGE - LOSS OF EARN- (2) Financial penalties imposed under a INGS lease for excessive use, abnormal The Supplementary Payments Coverage Exten- wear and tear or high mileage, sion of Section 11 - Covered Autos Liability Cov- (3) Security, deposits not returned by the erage is amender{as follows: lessor, The Limit of Insurance in paragraph A.2.a.(4) is (4) Costs for extended warranties, Credit increased to $1,000_ Life insurance, Health, Accident or F. FELLOW EMPLOYEE COVERAGE Disability Insurance purchased with the loan or tease, and The Fellow Employee Exclusion contained in Section 11 - Covered' Autos Liability Coverage (5} Carry-over balances from previous does not apply, This coverage is excess over cans or leases. Ply J, GLASS REPAIR -NO DEDUCTIBLE any other collectable insurance. G. COVERAGE EXTENSION - TRANSPORTA- The following is added to Paragraph D. Deducti- TION EXPENSES bla of Section III - Physical Damage Coverage Paragraph A.4,a. Transportation Expenses of Any Comprehensive Coverage deductible shown Section III- Physical Damage Coverage is in the Declarations does not apply to "lass" to amended as follows glass when you elect to patch or repair rather than replace the glass, Page 2 of 5 Includes copyrighted material of Insurance Services Once. Inc , with its permission CL CA 01 49 0215 K. INCREASED COVERAGE t ELECTRONIC EQUIPMENT O. HIRED AUTO rnYSICAL DAMAGE COVER- AGE The $1,000 limit indicated in Paragraph C.1.b. The following is added to Paragraph A.4. Cover- increased to$7,500 under Section III - Physical Damage Coverage is age Extensions of Section III - Physical Damage Coverage: L. EXTENDED COVERAGE - PERSONAL PROP- ERTY If hired "autos" are covered "autos" for Covered Autos Liability Coverage and if Physical cal The following is added to Paragraph A-4. Cover- Coverage is provided for any "autut o" youou own, age Extensions of Section III - Physical Damage then the Physical Damage coverages provided Coverage, are extended to "autos" you lease, rent, hire or borrow from Physical Damage Coverage on a covered '"auto" ees" partners memberne s of th thaneir your "employ. be their hous eholds s Y extended to "I ehol oss"' ds to our r �,personal I a r Y R pop subtext to the following arty ar, if you are an Individual, the personal property of a family member, that Is in the cov- 1. The most we will pay in any one "loss" is the eyed"auto"'at the time of loss".and caused by an lesser of. "accident' and resulting from the ownership, a. The actual cash value of the "auto'; maintenance or use of a covered "auto" The insurance provided by this coverage exten- b. The cost to repair or replace the "auto sion is excess over any other collectible incur- or ance. The most we will pay for any one, "loss" C. $100,000 under this coverage extension is $500 However, our payment for "Voss„ to Personal property will 2. Paragraph a above is subject to a dto the P t y ble The deductible shall be equal to the only be For the account of the owner of the prop- a ty amount of the highest deductible shown for any owned "auto" of the same classification Under this provision, personal property does not for that coverage. In the event there is no Include and we will not pay for"loss" of currency, owned "auto" of the same classification, the coins, securities or contraband highest deductible for any owned "auto, will No deductible applies to this coverage extension aPPly for that coverage M. TOWING No deductible will apply to "loss" caused by fire or lightning, Paragraph A.2. Towing of Section III - Physical 3. Hired Auto Physical Damage Coverage is Damage Coverage, is replaced by the following' subject to the following. If a private passenger type "auto or light truck a. If symbol 8 is shown in the Covered Auto auto" (0-10,000 Lbs. GVW) is provided both section of the Declarations page far any Comprehensive and Collision Coverage, we will Pay UP to '$150 for towing and labor costs in- curred each time such "auto" is disabled if a the Hired Auto Physical Damage cover- medium, heavy or extra-heavy truck or extra• age described in this endorsement does heavy Trucks-tractor "auto' (greater than 10,000 not apply Lbs. GVW) Is provided both Comprehensive qnd b. Other than indicated in Paragraphs a. di- Collision Coverage, we will pay up to $250 for rectly above, coverage provided under towing and labor Costs incurred each time such this provision will be excess over any "auto" is disabled, However, the labor must be other collectible insurance or coverage, Performed at the place of disablement 4. In addition to the limit set forth in Paragraph N. FIRE EXTINGUISHER RECHARGE 1. above we will pay up to $500 per day, to a The fallowing is added to Paragraph A.4. Cover- maximum of$3,500 per"loss"for: age Extensions of Section IV - Physical Damage a. Any costs or fees associated with the Coverage: "loss"to a hired "auto", and When fire extinguishers are kept in your covered b. Loss of use of the hired "auto", provided "auto" and any are discharged in an attempt to t is the consequence of an "accident" for extinguish a fire" we witf pay the lesser of the ac- which you are legally liable, and as a re- tual cost of recharging or replacing such fire ex- cult of which a monetary loss is sus- tinguisher(s)- tained by the leasing or rental concern No deductible applies to this coverage However, Paragraph A.4.b, Loss of Use Expens- es under Section III - Physical Damage Coverage CL CA 01 49 02 15 Includes copyrighted material Of Insurance Services Office, Inc., with its permission Page 3 of 5 of the Business Auto Coverage(Form does not 4 apply. (2) Your partners or members, if you are P. RENTAL REIMBURSEMENT COVERAGE designated in the Declarations as a partnership orjoint venture We will pay for rental reimbursement expenses (3) Your members or managers, if you incurred by you for the rental of an ''auto' be- are designated in the Declarations as cause of"loss"to a covered "auto a limited liability company, 1. Payment applies in addition to the otherwise (4) Your executive officers if you are applicable amount of each coverage you designated in the Declarations as an have on the covered "auto" organization other than an individual, 2. No deductible applies to this coverage. partnership, joint venture or limited liability company, and 3. We will pay only for those expenses incurred during the policy period beginning 24 hours (5) The spouse of any person named in after the "loss" and ending, regardless of the Paragraphs 1.a.(1), through 1.a.(4) expiration date of the policy, with the lesser while a resident of the same house- of the following number of days hold, a. The number of days when the covered Except "auto" has been repaired or replaced, or (a) Any "auto" owned by that indi- b. 45 days vidual or by any member of 4. Our payment is limited to the lesser of the fol- his cr her household. lowing amounts (b) Any "auto'' used by that individu- al or his or her spouse while a. Necessary and actual expenses incurred, working in a business of selling, or servicing, repairing or parking b. Not more than $75 for any one day, "autos" 5. We will pay up to an additional $300 for the 2. Changes In Auto Medical Payments And Uninsured And LJnderinsured Motorists reasonable and necessary expenses you in- Coverages cur to remove your materials and equipment from the covered "auto" and replace such The following is added to Who Is An In- materials and equipment on the rental "auto", sured 6. This coverage does not apply while there are Any individual named in 1.a above and his or spare or reserve "autos" available to you for her "family members" are "insured" while your operations "occupying" or while a pedestrian when being 7. If "loss" results from the total theft of a ccv- struck by any "auto' you don't own except Bred "auto" of the "private passenger type', Any "auto"owned by that individual or by any we will pay under this coverage only that "family member', amount of your rental reimbursement ex- 3. Changes In Physical Damage Coverage parses which is not already provided for un- der the Physical Damage Coverage Exten- Any private passenger type "auto" you don't sion of the Business Auto Coverage Form or own, hire or borrow is a covered "auto' while any endorsements thereto in the care, custody or control of any individ- However, this provision does not apply to the ual named in Q 1.e. above or his or her spouse while a resident of the same house- extent that rental reimbursement is provided by separate endorsement to this policy hold except: Q. DRIVE OTHER CAR COVERAGE a• Any "auto" owned by that individual or by any member of his or her household; or 1. The followinngg is added to Section II - Cov- eyed Autos s Liability Coverage b. Any "auto" used by that individual or his or her spouse while working in a busi- a. Any "auto" you don't own, hire or borrow ness of selling, servicing, repairing or Is a covered "auto" for Liability Coverage parking "autos". while being used by: 4. The most we will pay for the total of all dam- (1) You, if you are designated in the ages under Covered Autos Liability Unin- Declarations as an individual, sured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc ,wrth its CL CA 01 49 02 15 permission shown in the Declar.,oe s applicable to owned "autos" 3. At our requtst y „'must provide us with a copy of the aforementioned written contract or agree.. 5'. Our obligation to pay for, repair, return or re- ment Place damagod or stolen property under T. UNINTENTIONAL OMISSIONS Physical Damage Coverage, will be reduced by a deductible equal to the amount, of the The following is added Paragraph B.2. of Section highest deductible shown for any owned or!_ IV- Business Auto Conditions vale passenger type '"auto" applicable to that If you fail to disclose any hazards existing at the coverage If there are no owned private pas- Inception date of this policy, such failure will not senger type "autos". the deductible shall be prejudice the coverage provided to you Howev- $250 for Comprehensive Coverage and $500 er, this provision does not affect our right to col- for Collision Coverage No deductible will lect additional premium or exercise our right of apply 10"loss"caused by fire or lightning cancellation or nonrenewal 6. Additional Definition U. LIBERALIZATION I As used in this DRIVE OTHER CAR Provi- sion If we revise this endorsement to provide greater coverage without additional premium charge, we 'Family member'" means a person related to will automahcWly provide the additional coverage the individual named in 'I,a by blood, mar- to all endorsement holders as Of the day the revi- nage or adoption who is a resident of the in- Sion is effective in your state dividuars household, including a ward or fos- ter child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Sec- tion IV- Business Auto Conditions- Your obPlgation to provide prompt notice of an "accident", claim, "suit"or"loss"is satisfied if you or a person designated by you to be responsible for insurance matters Is notified of, or in any manner made aware of an "accident", claim,. "suit" or "loss" and provides us such notice as. soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Sec- tion IV - Business Auto Conditions We waive any right of recovery we may have against a person or organization because of Payments we make for "bodily injury" or"property damage" when you and such person or organiza- lion have agreed in writing in a contract or agreement to waive such right of recovery, pro. vided. 1. Such written contract or agreement was a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage" and b. Was in effect at the time of the covered "bodily injury' or "property damage". 2. The covered ".bodily injury' or"property damage'" must arise out of the operations specked in such written contract or agreement. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Office, Inc with its permission Page 5 of 5 e � THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.). of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows, Para..graphs (3) and (4) Of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time Of bus. 2. SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following. The most we will pay in any one 'occurrance' for 'property damage' to borrowed equipment is $15,000 This limit of insurance is the most we will pay regardless Of the number of. a. insureds, b. Claims made or"suits" brought, or c. Persons or organizations making claims or bringing 'suits" 3. Deductible a• Our obligation to pay damages on behalf of the insured applies Only 10 the amount of damages in excess of $250 as applicable to "property damage' as the result of any one `occurrence' regardless of the number Of persons Or organizations who sustain damages because of that'occurrence". b. The terms of this insurance, including those with respect to our night and duty to defend the insured against any 'suits' seeking those damages; and your duties in the event of an .occurrence', claim, or"suit"apply irrespective of the application of the deductible amount- c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon note of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B, CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1, For all sums wilier, the insured becomes legally obligated to pay as damages Caused by accidents Occurrences" nder COVERAGE C (SECTION 1),ION which can beOr all medical attributed Only to ongoing caused by at a single construction project away from premises owned'by or rented to the insurred operations a. A Single Construction Project. General Aggregate Limit applies to each Construction project away from premises owned by or rented to the insured, and that limit is eq u of the General Aggregate Limit shown in the Declarations, ual to the am nt b. The Single Construction Project General Aggregate Limit is the most we wile pay for the cunt of all damages under COVERAGE A, except damages because of'kxwe ilj par o 'property hesum damage' included in the `products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of, (1) Insureds; (2) Claims made or'suits' brought,or (3) Persons or organizations making claims or bringing "suits'. c. Any,payments Made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate Construction project away from promises Owned by or rented to the insured CL CG 00 20 01 12 Includes copyrighted material of Insurance ServicesPage 1 of 4 Office,Inc with Its permission d, The bmils shown jr, the Declarations for Each Occurrence, Fire' Damage and Medical Expense conloue to apply However, Instead Of being subject to the General Aggregate Limit shown in the Declarations, such limits w j be Subject to the applicabie Single Construction Project General Aggregate Limit 2. For all sums vmi& the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1) which cannot be attributed only to ongoing operations at a SIR918 designated construction project away from promises owned by or rented to "insured, a. Any Payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Comptatsid Operations Aggregate Limit, whichever is applicable, and i Such Payments shall not reduce any Single Construction Project General Aggregate Limit 1 When Coverage for habifty arising Out of the "products-completed operations hazard" is provided any payments for damages because Of "bodily Injury or *Prop" damage, included in the "products-completed operations hazard" will reduce tins Products-CompletedOperations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Ccnt General Aggregate Limit. struction proXt 4. If the 2PPhcable constructor Project away from premises ses Owned by or rented to the insured has been abandoned, delayed, or abarld(inad and then restarted, or if the authorized contracting parties deviate from� plans, blueprints, designs, specifications Of timetables, the Project vv[�Mjil be deemed to be trio same construction project, 5. The promions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated C. LIMITED JOB SITE POLLUTION 1. Excosior f. Linder Section I— Coverage A is replaced by the following. 2. Exclusions This insurance does not apply to: f. Pollution (1) *80di)y injury' or "property damage" arising out of the actual alleged or threatened discharge, dispersal, seepage, Migration, release Or escape of I"pollutants, (a) At or from any promises, site or location on Which any insured or any contractors Of subcontractors corking direcil or indirectly an any insored's behalf are performing Operations I the operations are to test for monitor,clean up, remove, Contain, treat detoxify or neutralize, or in any way respond to or assess the affects of, "pollutants"; or (b) At or from a storage tank or other container, ducts or Piping which, is below or PartaflY below the surface Of the ground or water or which,, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means I the actual alt8jed Or threatened discharge, dispersal, seepage migration, release or escape of Pollutants' arises at or from any promises, site�r Location which any insured or any contractors or subcontractors workin? direct of indirectly or any isur9d's behaff are "pollutants'"are brought or or Concha premises, site or POhleirming operations i the location in connector subcontractor, with Such OPer2i by such insured, contractor of Subparagraph (b) does not apply to *bodily injury" or 'Property damage" arising out of heat, smoke or fumes from a *hostile fire' (2) Any loss, cost Or expense arising Out of any (a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental Protection or environmental inability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat dato*fy or neutralize, Of in any way respond to, or assess the effects of pollutants*;or CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 2 of 4 Offce, Inc mph its permission I (b) Claim or suit by on on behalf of a governmental authority for damages because of testing for,monitoring, cleaning up, removing, containing. treating, detaxifytng,or neutralizing or in any way responding to Of assessing the effects of, "pollutants". However, this paragraph does not apply to Ilabodity for those Sums the Insured becomes legally obligated to pay as damages because of"property damage' that the insured would have in the absence of such request, demand, order ar Statutory or r,dietary requirement, or such olalrn on "suit" by or on behalf of a governmental authority, 2. With respect to "bodily injury' or "property damage" arising out of the actual, alleged or threatened discharge,dispersal, seepage, migration, release or escape of"pollutants a. The "Each Occurrence Limit"shown in the Dedarat'uns does not apply. b. Paragraph 7. of Limits Of Insurance(Section III)does not apply. c. Paragraph 1, of Section III—Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement., or in the Declarations and the rules below fix the most we will pay regardless of the number of, (1) Insureds, (2) Claims made or"suits"brought; or (3) Persons or organizations making claims or bringing "suits d. The following are added to Section III—Limits Of Insurance: 8. Subject la 2.or 3. above,whichever applies, the most we Nil pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of "bodily arhury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants is $100,000 aggregate. 9. Subject to S.above,the Medical Expense limit is the most we will pay under Coverage C for all medical expenses because of "looddly injury" Sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of'pollutants', D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section 1 — COVERAGES: We will pay, at your request for'Property damage"to that part of any property a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations, or b. That must be restored, repaired or replaced because "your work" was incorrectly performed on it This insurance applies only to "property damage" to property of others while in your care, incidental to your business custody„ or control, and arising out of operations away from your insured premises and Exclusions j.(3),(4),(5)and (6)do not apply to this coverage. This insurance does not apply to "property damage" lnefuded within the "explosion hazard", the 'collapse hazard"or the "Underground property damage haa:ard'". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III—LIMITS OF INSURANCE is replaced by the following A. Limits of Insurance I. Unless a higher limit is shown in the Declarations, the most. we will pay in any one `occurrence"for'property damage" under this endorsement)s$15,000. 2. Unless a higher limit is shown in the Declarations, the most we will pay for all covered °oc mraences'during any one policy period is$15,000 Aggregate Limit of Insurance. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Office, Inc with Its Page 3 of 4 perantsslon ,r-1 r ..i 1"he Limits of insurance of this endorsement apply separately to each consecutive annual' Period and to any remaining paricd of Jess than 12 months, starting with the beginning of the pailcy period shown in the Deciarallons, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case. the additional penal will be deemed pert of the last preceding period for Purposes of determrndng the Limits of Insurance. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages In EXCESS of $250 es the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"cccurrence'. b. T'he terms of this insurance, including those wtlttt respect to our right and duty to defend he Insured against any"suits"seeking those damages, and your duties an the event of an "occurrence", claims, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any park or all of the deductible amount to affect settlement of any claim or suit and, upon noCificataon of the action taken; h you shall promptly rainaburse us for suc Part of the deductible amount as we have paid 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows a. The following is added to paragraph 2. Duties In The Event Of Occurrence, offense, Claim or Suit in the event of Moss covered by this endorsement, the insured shall, it requested by us, replace the property or furnish the labor and mateoals necessary for repairs at actual cost to the insured, excluding prespeotive profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our Property. Any payment made by us Shaul not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows. (1) Paragraph 4.a. Primary Insurance is deleted. (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V— DEFINITIONS; a. "Collapse hazard' includes 'structural property damage" and any resulting "property damage" to any other property at any time. b. "Explosion hazard" Includes "Property damage' ansing out of blasting or explosion. The "expllosion hazard' does not include 'Property damage"arising out of the explosion of air or steam vessels. piping under pressure, prime movers, machinery or power Iransmltting equipment. C. 'Structural property damage" means the collapse of or structural injury to any building or structure due to: (1) Grading of land, excavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or Caisson work; or (2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or stricture. d. "Underground property damage hazard" includes "underground property damage' and any resulting 'property damage"to any other property at any time. e. `Underground property damage" means `property damage' to conduits, pipes ,vnres , mains, sewers, tanks, tunnels, any similar property, and any apparatusused with them beneath the surface of the ground or water, caused by and occurnng during the use of mechanical equipment for the Purpose of grading land, paving, excavating, coifing, borrowing, filling, back-filling or pile driving, CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Office.Inc with Its permission Page 4 of 4 gwvAXP COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY ARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION It -WHO IS AN INSURED is amended to include as an additional insured an n For Purposes of term endorsement, throughout or organization(s) when you are Obligated by the policy, the terms "You"and y the Named Insured shown in the OpeC Declarayour'refer tions virtue of a written contract ar agreement that such person or Organization(s) be added as an B. Exclusions additional insured to,your policy Such Person(s) or organizat+ons) is an additional With respect to the insurance afforded d these insured only with respect to liability for "bodily exclusion vnsurads, the following additional y exclusions apply to "bodily injury" and "property njury" or ^property damage" or "personal and damage"arising out of advertesing injury"caused. in whole or in part by 1. The rendering (1) Acts or omissions of the Famed Insured, professional services b you or on ura to ranter any either or both of or but only with respect to the (2) The acts or omissions of those acting on following operations" behalf of the Named Insured a. Providing engineering, architectural or and included in the "products-completed surveying services to others in your operations hazard. Capacity as an engineer, architect or surveyor,and This insurance applies only when you are required to add the additional insured by virtue of a written b. Providing, or hiring Independent contract or agreement, provided the contract or professionals to provide, engineering, agreement is; architectural or surveying services In ion I. Currently in effect or becomes effective during pannect perform, with construction work you the term of this policy; and �, This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any Insured all ege property damage" or "perso"nal and wrongdoing in the negligence su n i supervision, hp the advertising injury" employment, training or monitoring of others by However that insured„ if the "occurrence"which caused the a. The insurance afforded to such add' bodilyinjury' or"property damage",ortheaffense additional which caused the `persona4 and advertising insured only applies to the extent permitted by injury". involved the rendering of, law; and or the failure to render, any Professional architectural,engineering b. If coverage provided to the additional insured or surveying services is required by a, contract or agreement, the 2• subject to Paragraph 3. below, professional insurance afforded to such additional insured services include: wAl not be broader than that which you are a. Preparing, approving, or to Prepare required by the contract or agreement to provide for such additional insured or approve„ maps, shop drawings, opinions, reports, surveys, field orders„ change orders, or drawings and CL CIS 20 71 09 16 specifications and Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 b. Supervisory W clior) activities D. Other "'"� Performed as Part of any raised Insurer. architecturai or engineering activities Por purposes of this endorsement, the following is 3 added to the Section, IV - Commercial General Professional Services do not include services Liability Conditions 4 within Construction Means Methods, , Other Insurance techniques sequences and procedures Condition and supersedes any provision to the employed by you or performed by or for the contrary construction mareger its employees or its This insurance is excess of all other insurance subcontractors in connection with your as to an additional insured whether on a ongoing operations Primary, excess, contingent or any other basis C. Limits of Insurance But, if required by a written contract or written agreement to be Primary and noncontroutory,this With respect to the insurance afforded to these insurance will be prima I additional insureds, ry to and will not seek the following is added to contribution from any insurance an which the SOCtioni M -Limits Of Insurance additionaV insured is a Named Insured If coverage provided to the additional insured is No other Coverage or limit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage will Pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09 16 Office, Inc , with its permission GTy OF KE ..^ "+Jess Lcen sing PoBox A 98 Seattle, WA 1 BL . )SSLICENSF NOTICE 2o-5955 KDwt7 (253)856_521a For Licensing Period . . aaromerservice@Kenrwn q°� January 1, 2018 - December 31, 2018 )ate Due January 01, 2018 Amount Due $101.00 Check each box asappropriate: New Owner Business License No. BLOC-2171028 —� Kent Relocation J Out of Business B USiNESS NAME- MAILING ADDRESS (revise below as needed) LOCATION ADDRESS(IF DIFFERENT) ALL AROUND FENCE COMPA-Ny PO BOX 1029 ALL AROUND PENCE COt 4'ANY R,AVENSDALE, WA 9SO51 14=23 16TH ST E SUVINER, WA 98=90 ]. Business Phone: 253.-863.4895 _._ .---...,...._.._..— ...,_...�_.�...__...._-, Email: "adLra r,5n. P nM 2. BnS10e35 Ow'per5: Ilinew Owner lease check the 'Vew P Owoar"bae udove the mailing aUdr ess and afar to corer lettu f�(tame: RONALD 8 ROCHELLE DAGLEY oRna tion Hm.Address: 29032 SE 226TH ST Csry: MAPLE VALLEY State: WA Hm Phone: 253-863-4895 Zip Code: 98038 3. Business and Occupation Tax Is Your business registered and filing City of Kent B&O tax? Please enter your Estimated Annual Gross Receipts? S 0� oa7d NO 1330 tax registration is completed online at-Taxflle.KentWA.GOV^, �^More information can be found at"KentWA.GOVidoing-business(city.gxespB-O-tax"". 4. Emergency Contacts for Business located in Kent: siffLJ _ �r� _.253-863-4895 . _ .._ Permit (Item 824J Tech Fee ICh njx �NilVll (item 14?3) �p y � pp Pe"It tt �171028 Customer I(em 754( ) OII�N� Ila�l�l Petmit lo: 195589 S. Description of Business: FENCE CONTRACTOR ' 6. Employees at Kent Location as of 10/31l2017; Full Time: _j�� 7, TRN#: Part Time:_ 8. UB[#: 604 100 765 _...� 9. SIC Code: 10. NAICS Code: -- I Fluor Space Used: Ft 12. Mark if any of the following are on the premises: Ll Amusernm Devrces —1 . n, Ganr6ling L Karao,FeiCahaet I herah) certifl that the statements and infoncanon 'Pull Tabs,Punch 8oards,Card Rooms Aatemenu and informatior furnished by me on this app(!;ca{ion are publicre appliaazion arc(me and COMPtete to the best ofmy knouledgs.I also acknowledge fiat the a'Ox 260 uuTd'S and an,available nr Public inspection pursuant to Slare et Washington RCA, Signature r Data not Name " ' Mail in the enclosed envelope with Check I Money Order Payable ta; CITY OF KENT lob Title ._PhoneIt—` Email ... '� Please make a copy of fhe COMPleded form for your records