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HomeMy WebLinkAboutCAG2019-054 - Original - 2019 Recycling Events T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-572S. Vendor Name: Styro Recycle LLC Vendor Number (]DE): Contract Number (City Clerk): ....... Gl Category: _Contract Agreement Sub-Category (if applicable): None Project Name: 2019 Recycling Events Contract Execution Date: 2/5/19 Termination Date: 11/30/19 Contract Manager: Tony Donati Department: PVV: Engineering Contract Amount: $1 , 125.00 Budgeted: W-1 Grant? Part of NEW Budget: Local: State: El Federal: Related to a New Position: 1:1 Basis for Selection of Contractor? Other Approval Authority: IZI Director 11 Mayor City Council Other Details: Provide stvrofoam recvclinq services at three recycling events, ddL 4OR T GOODS & SERVICES AGREEMENT between the City of Kent and Styro Recycle LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Styro Recycle LLC organized under the laws of the State of Washington, located and doing business at PO Box 834, Milton, WA 98354, Phone: (253) 838-9555, Contact: Marilyn Lauderdale (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide styrofoam recycling services at three City of Kent 2019 Recycling Events. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by November 30, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Thousand, One Hundred Twenty Five Dollars ($1,125.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid an amount not to exceed $375.00 per recycling event after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. WSST) A, Defective or Unautl2ori_zed Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B, Final Pavment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E, The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary,, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (Id) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment front the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A, Note; of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty fo Complete Protested Wont. In spite of any claim, the Vendor shall proceed promptly to provide the goads, materials and services required by the City under this Agreement. D. Failure ko Protest Cons°i °es Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Fo49ow Prnc ure°s Cons i utes Wa°i r. By failing to follow the procedures of this section, the Vendor completely waives any clairris for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this 'indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, Plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including NSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. able Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-WztIver of Breaeh. 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 Governilno Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provi ed, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notion. 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. Assio ]ment. 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. E. Modification, No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. E_tAire 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 farming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this. Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future becmne applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Required. 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. Counlerna{.Ls.and Signatures by,wwF x or Er This This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. -------- _..... ---------.. _............. ----------_ - VENDOR: CITY OF KEnNT::�� By:- fFGZtL� By:-1 ( g ) (signature) Print Name: Marilyn Lauderdale Print Name: Michael Mactutis, P.E. Its: owner Its: Environmental Engineering Manager (title) DATE: January 31,2ot9 -� _... DATE: / NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Marilyn Lauderdale Timothy J. LaPorte, P.E. Styro Recycle LLC City of Kent PO Box 834 220 Fourth Avenue South Milton, WA 98354 Kent, WA 98032 (253) 838-9555 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) ATTEST: Kent City Clerk GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. BY fir .:,....... For: Styro Recycle LLC Title: Owner Date: January 31 , 2019 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: _..___............ For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Styro Recycle He P'O Rox 834 Nliltnn, kl'A 98354 253-838-9555 Styrofoam Is Going Green w i VENDOR STATEMENT OF WORK For Recycling Events Spring, Summer & Fall 2019 Yl'10'.-( V� `\ , w)QYw Q. � , C")C, e STYRO RECYCLE LLC EPS STYROFOAM COLLECTING January 17, 2019 SCOPE Phis Vendor Statement of Work (VSOW) defines the technical effort to be performed by S y [C3 LCC* Cie I L(; (hereafter referred to as the Vendor) for The City of Kent. Styro Recycle LLC will arrive al the designated location site, previously establish by the City of Kent, one hour before the event start time. Styro Recycle will make available one box truck for collecting EPS Styrofoam blocks and also have two staff members along with two totes at this site to accept the correct type of EPS Styrotbam materials that we process. Our sta I'f may ,set up a portable awning to cover said totes to keep the totes and the EPS foam material dry from rain. Our staff members will wear safety shoes and vest at all times during these events, and will accommodate any recommendations made by the Event directors. All material collected at the City or Kent"s Recycling event will be estimated after collection day; volume and weights will be cmailed to the City of Kent Recycling coot'ditt",ttor with in two bush ss days. Our Staff shall be responsible to supply a broom and dust pan to collect any residue of the EPS Styrofoam that may Land on the ground during the entire event. Styro 1{ccycic Staff will reserve the right to refuse any materials that we do not accept... (Dirty or wet (oam,Polyurethane foam, l'oaut't with tape.stickers or labels, hot tuts covers or"insta-pak packaging) these materials are not acceptable. Cost per event $375 for no more than 7 hours per event Please advise it there,tra any additiontfl requests of work from Styro Recycle for these events please email Marilyn Lauderdale(urordytr(r)slyttrt cy!,clu,conn) for moreassistance. Marilyn Lauderdale Styro Recycle LLC Owner Off: 253-838-9555 Cell: 253-347-5396 (Muuhigaddres,) P.O. Box 834, Milton, WA 98354 (253) 838-9555 -� � EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercil General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. WarkersComoensation 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 shah be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT" B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City, 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the olio. laR must hove ADDITIONAL INSURED provisions or be Yrrldr;nmd, 11 SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,Certain policies may require an Endorsement. A statement en this certificate does not confer rights to the certificate holder in lieu of such endorsolnenl(s), 'It. -- 7fT`77?�r,r.yno _"�"�'"_.._ ............`__..__ Nvtr I IUIMBI a IF:VAVELIPORT INS EROI{ER$INC Da1 I 44 - _ - - I IArw an r +p r +i I / riu�yi0�`N I bmi(ul +rnblEd'aveuPoh rvJm ... .. --. _ - "j N`dlltfllnf['C6VERAee rvAl N WOYi61!prn li.t malt..••dock: �_.,.. .. �.,r,(.. N6WY11 pl&A kenrpn r 0r06& iNSUnfNA 1+( INSURED _.. .._,,.. _.. _... _. INsunER o (pc RBCyUD LLC INSU0.ER C. 14tiAllrf +I INSURERS Milton WA 983'v4 wsuase E. COVERAGES CERTIFICATE NUMBER COPcI2620064 REVISION NUMBER' II r TO 6t HII6Y T14At'R IF + r,lGQt N UI AMCF_Ll tCrl lLit UCPN"HAVE ).,eI11,i3UkU I', iL INaUI:FI fqA MEDABLVH FOR THE P 11¢YP64FdOO INFXCA[ED, NOTVATHSTANOING ANY REQUIREMFN7 TERM OR CONDITION OF ANY CONTRACT OR 011 IF_R DOCl/MENT WITH RESPECT TO WHICH THIS `I ' t NSURANK,F„I RI ;Il , L' ffi 43F I er 3S1101rr, :'.AIC' fl TERMS. 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N UFART00fl Go) (L)I)5.07U OoL`+l'1U19 W 1t}RO,llf iU �� 14MI11 YO/4d D Oy!IF Id I Y1( S 10�JOWORKER _ •.• ANDEMPLUYERYLIArirrcu y Yry;•+ " "' (frr `WA Stop Gap - -,_ AND EMPLFIIIINAA114 YIN J fr\Y AIY,_„C (It I Ally ldEUI ItII IY)i1rNAn1'�hll dklE'Xp u;n qvl:' �� NIA CII'10'I JS'd01t) 01+ 5/20iV 030J )20Ill .fl Inf ala - vo,'u x, 1U0D OU© 0Hli II+Jml mil"RkxX1PJM`L1 I,'It uysU++W+me awr<i v I T rE u ' .. , „ I}y �tlt111;IC1f1f1f LIIYudr+; WII10'VIPRII 4100)I/00 ..,., n ESCRIPn6N OF OPERATONS I LOCAT10Nti l VEH11Y ES 1AC6R6 1 p1,Aatlaional nenurke S Fwtlule,mvy M artecnea it Tore eVew Ir regwreCl Grid cote,holder i,tlrludr d es eddilional insured with r�Spects L, l,b perholIKE0 by the named InaACb Per WNCL4G on Ine Gwleral I IIIIALly Rnd WNCA27 an Tit?auto ,. r�.�...._�......., Cf(k1°It'9CAb'E 11DI.DER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN (AY of Kent ACCORDANCE WITH THE POLICY PROVISIONS, 120 Founh Avenue rCladl Alfl{IORI2En nEPn ESENTATIVE Went UVA 98U3` `+_ 04 A<J ED 1988-2015 ACORD CORPORATION. All rights resomed� ACORD 25(201IV09) The ACORD narno and logo are registered marks of ACORD Policy No,CPP 101969010 WN GL 39 07 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements, The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes In your policy, SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability Non Owned Watercraft Up To 50 Feet ,2 Property Damage Liability Elevators. .........,. Fire, Lightning, Explosion Or Sprinkler Leakage Exception.........................................................0 Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate,. $2,500 Deductible Per Occurrence. .. _..... ........... ................3 Supplementary Payments—Amended Bail Bonds Up To$5,000 .__ ....._..... ............. . ...4 Loss of Earnings Up To$51 ....... . . ................ . . ..... ..._4 Who Is An Insured Amendments Employee Bodily Injury Ti A Co-Employee__,.....,... ... _.__.....- . ........ . . ...........4 Newly Formed Or Acguhi Organwatdons For Up To 18o Days..... ..,.....,4 Blanket Additional insuredd--Vendors—As Required By Contract ._._ _...._._.-.,4 Blanket Additional Insured—Lessor Of Leased Equipment._,,.,.._.... _6 Blanket Additional Insured—Managers Or Lessors Of Premises, . ....... ........ .u6 Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Ur Authorizations 7 Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises Damage To Premises Rented To You — $300,000................................... 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ........._... ........._.9 Conditions Knowledge of Occurrence, Offense, Claim Or Suit Amended, .............. ....... Unintentional Fallure To Disclose Hazards..................._.,. .....,.,,...,............,_...._..,...,..........9 Waiver of Subrogation.,. --- ....... ............. .............. . .. ......... ...............,10 InsuredContract Amended........... ... ........................................................................_..................,...10 Personal And Advertising Injury Redefined Televised, videotaped Or Electronic Publication..,_............_...................................................10 WN GL 39 07 15 In eludes copyrighted materiel of Insurance Services Office,inc, with Its Permission. Page 1 of 10 WIN GL 39 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM with respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement., The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any "insured contract"for the ownership, maintenance or COVERAGE A — BODILY INJURY AND PROPERTY use of aircraft or watercraft; or DAMAGE LIABILITY (5) "Bodily injury" or "property damage"arising A. Non Owned Aircraft Or Watercraft out of'. Item 2. Exclusions, Paragraph g. is replaced by (a) The operation of machinery or the following: equipment that is attached to, or part g Aircraft,Auto Or Watercraft of, a land vehicle that would qualify under the definition of "mobile "Bodily injury" or "property damage"" arising out equipment" If it were not subject to a of line ownership, maintenance, use or compulsory or financial responsibility entrustment to others of any aircraft, "auto° or law or other motor vehicle insurance watercraft owned or operated by or rented or law where it is licensed or principally canned to any insured" Use includes operation garaged; or and"loading of unloading"' (b) The operation of any of the machinery This exclusion applies even if the claims or equipment listed in Paragraph f. (2) against any insured allege negligence or other or f, (3) of the definition of "mobile wrongdoing in the supervision, hiring, equipment". a mployruant, t(,wli g or monitoring of others by flat insured, if the roccurrenrre" which caused B. Damage To Property Coverage Extensions the "bodily injury" or "property damage" Item 2, Exclusions, Paragraph j, is replaced by the involl in the ownership, maintenance, use or following: entrustment to others of any aircraft, "auto" or watercraft that is owned or operared by or j. Damage To Property rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) property you own.. rent, or occupy, (1) A watercraft while ashore on premises you including airy Costs or expenses incurred own or rent: by you, or ally other person. organization (2) A watercraft you do not own that is: or entity, for repair, replacement, enhancement, restoration or maintenance (a) Less than 50 feet long;and of soar property for any reason, including prevention of injury 10 a person or drtrnage (b) Not being used to carry persons or to another's proptri property for a charge; (2) Prenlises you,sell,give away or abandon, if This Subparagraph with your ( x essedapplies it zany the 'property damage" arises out of any person, who with your expressed or it any part of those preinises; consent, either uses or is responsible for the use of the watercraft; (31 Property loaned to you: (3) Parking in "auto" on, or on the ways next (4) Personal properly in the care, custody or to, premises you crown or rent provided that control of the Insured; "auto" is riot owned by or rented' or loaned to you or the insured; WIN GL 39 07 15 melodic copyrighted material or Insurance Services wrice, Inc.,wLih its permission. Page 2 of 10 (5) That particular part of real property on Paragraph (6) of this exclusion does not apply to which you or any contractors or "property damage" included in the subcontractors working directly or indirectly "products-completed operations hazard"'. on your behalf are performing operations, If the "property damage" arises out of those The insurance provided for"property damage"from operations; or the use of elevators and for "property damage" to (6) That particular part of any property that borrowed equipment is excess over any other valid must be restored, repaired or replaced and collectible property, insurance (including any because "your work" was incorrectly deductible portion thereof) available to the insured performed on it, whether primary, exress, ronfingent or on any other basis. Paragraphs(1), (3) and (4) of this exclusion do not apply to "property damage" (other than darnrge by C. Damage To Premises Rented To You fire, lightning, explosion or sprinkler leakage) to premises. including the contents of such premises, Item 2. Exclusions, the last paragraph is replaced rented to you for a period of seven or fewer by the following: consecutive days. A separate limit of insurance applies to Damage To Prernises Rented To You as Exclusions c.through n. do riot apply to darnage by described in SECTION III — LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE, However, the provisions of this premises while rented to you or temporarily paragraph do not apply if coverage for Damage To orcupied by you with permission of the owner. A Premises Rented To You is excluded by separafo limit..of insurance applies to this coverage endorsement, as described in Paragraph 6- of SECTION III — LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are"your work"and were never occupied, COVERAGE B — PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs (3) and (4) of this exclusion do not D. Personal And Advertising Injury apply to the use of elevators. Item 2. Exclusions is amended by replacing Paragraphs (3), (4). (5) and (6)of this exclusion do Sub-paragraphs b.and c, with the following: riot greemelnt to liability assumed under a sltletreck a b. Material Published With Knowledge Of Falsity Paragraph (4) of this exclusion does not apply to "Personal and advertising Injury"arising out of "property damage" to borrowed equipment while oral, written, televised, videotaped or electronic not being used to perform operations at the jobsile. publication, in any manner, of material, if done Subject to Paragraph 2. of SECTION III — LIMITS by or at the direction of the insured with OF INSURANCE, the rules below fix the most we knowledge of its falsity. will pay for"property damage"under this provision: c. Material Published Prior To Policy Period the nu(1) o any one "occurrence", regardless of 'Personal and advertising injury" arising out of the number of persons or organizations who oral, written, televised, videotaped or electronic sustain damages because of that"recurrence"; P publication. In any manner, of material whose (2) $50,000 annual aggregate; and first Publication took place before the beginning of the policy period. (3) We will pay only for damages in excess of $2.500 as a result of any one "occurrence", regardless of the number of persons or urganizallOrI5 who sustain damages because Of that "occarrerice"- We may, or If required by law, pay all or any past of any deductible amount, if applicable, to effect settlement of any cial'm or"suit"_ Upon notil n4 our payment of a deductible amount, you .vtlall promptly reimburse no for the pan of the deeftrcuble amount we paid. WN GL 39 07 15 Includes copyrighted muterinl of losurance Services Office,Ina,with its permission Page 3 Of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — vendors — As E. Supplementary Payments—Coverages A and B Required By Contract Section It—Who Is An Insured is amended to and ell. with the following: g) 7. Item 1. is amended replacing Subparagraphs 1include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have b. Up to $5,000 for cost of bail bonds required agreed in a written contract, executed prior to because of accidents or traffic law violations loss, to name as on additional insured, but only arising out of the use of any vehicle to which with respect to "bodily injury" or "property the Bodily Injury Liability Coverage applies, We damage" arising out of "your products" which do not have to furnish these bonds, are distributed or sold in the regular course of d. All reasonable expenses incurred by the the vendor's business. insured at our request to assist us in the However, investigation or defense of the claim or "suit', a. The insurance afforded to such vendor only including actual loss of earnings up to $Soo a applies to the extent permitted by law; and day because of time off from work, b. If coverage provided to the vendor is required by a contract or agreement, the SECTION It—WHO 15 AN INSURED AMENDMENTS insurance afforded to such vendor will not be broader than that which you are A. Employee Bodily Injury To A Co-Employee required'. by the contract or agreement to Paragraph 2, a, (1)is replaced by the following: provide for such vendor. 2, With respect to the insurance afforded to these (7) "Bodily injury" or "personal and advertising vendors, the following additional exclusions injury,,, apply. (a) To you, to your partners or members (if you a. The insurance afforded the vendor does are a partnership or joint venture), to your not apply to: members (if you are a limited liability company), or to your other "volunteer (1) "Bodily injury" or"property damage" for workers" while performing duties related to which the vendor is obligated to pay the conduct of your business; damages by reason of the assumption of liability in a contract or agreement, (b) For which there is any obligation to share This exclusion does not apply to liability damages with or repay someone else who for damages that the vendor would must pay damages because of Ifoe injury have in the absence of the contract or described in Paragraph (1)(a)above;or agreement; (c) Arising out of his or her providing or tailing (2) Any express warranty unauthorized by to provide professional health care you{ services. (3) Any physical or chemical change In the B. Newly Acquired Organizations product made intentionally by the Paragraph 3.a,is replaced by the following: vendor; a. Coverage under this provision is afforded only (4) Repackaging, except when unpacked until the 180o day after you acquire or form the solely for the purpose of inspection, organization or the end of the demonstration, le,.aping, or the 9 policy period, substitution of arts under instructions whichever is earlier; from the manufacturer, and then repackaged in the original container; WN GI.39 07 15 Includes copyrighted material of Insurance Services crice,Inc.,wirh its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to(he insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section Ili— vendoe has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course of business, In connection with the If coverage provided to the vendor is required distribution or sale of the products; by a contract or agreement, the most we will (6) Demonstration, installation, servicing or pay on behalf of the vendor is. repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement;or premises in connection with the sale of the produn; b. The Limits of Insurance shown In the (7) products which, after distribution or Declarations; sale by you, have been labeled or whichever is less. relabeled or used as a container, part or ingredient of any other thing or This endorsement shall not increase the substance by or for the vendor: or applicable Limits of Insurance shown in the (8) "Bodily injury or "property damage" Declarations. arising out of the sole negligence of the 5. With respect to the insurance afforded to these vendor for its own acts or omissions or additional insureds, the following additional those of its employees or anyone else exclusion applies: acting on its behalf. However, this This insurance does not apply to: exclusion does not apply to: pP`l (p The exceptions contained in a. "Bodily injury". "property damage" or Subparagraphs (4)or(6); or "personal and advertising injury"arising out of the rendering of, or the failure to render, (ill Such inspections, adjustments, any professional architectural, engineering tests or servicing as the vendor or surveying services,including: has agreed to make or normally undertakes to make in the usual (1) The preparing, approving, or failing to course of business, in connection prepare or approve, maps, shop with the distribution or sale of the drawings, opinions, reports, surveys, products. Field orders, change orders or drawings. 3. This Provision C. does not apply: and specifications;or (2) Supervisory,inspection, architectural or a. To any insured person or organization from engineering activities. whom you have acquired such products, or any ingredient, part or container, entering This exclusion applies even if the into, accompanying or containing such claims against an additional insured products: d lege negligence or older wrongdoing In [lie supervision, hiring, ernployment„ b. To any vendor for which coverage as an training or monitoring of others by that additional insured specifically is scheduled insured, if the "occurrence" which by endorsement; or caused the " bodily injury"'or" property c. When liability included within the darnage", or the offense which caused "products-completed operations hazard" the "personal and advertising injury", has been excluded for such product either involved the rendering of or failure to by the provisions of the coverage part or by reader any professional se"res by endorsement. you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer,architect or surveyor. WN GL 39 07 15 Indudos copyritill material of Insurance services office,Inc_, with da permlaslon, Page 5 of 10 D. Blanket Additional Insured — Lessor Of Leased 4. With respect to the insurance afforded to these Equipment additional insureds, the following additional exclusion applies: 1. Section II—Who Is An Insured is amended to include as an additional insured any persons) This insurance does not apply to. or organization(s) from whom you lease a. "Bodily injury", "property damage" or equipment when you and such persons) or "personal and advertising injury" arising out organ(zarion(s) have agreed in writing in a of the rendering of, or the failure to render, contract or agreement, executed prior to loss, any professional architectural, engineering that such person(s) or organization(s) be added or surveying services, including as an additional insured on your policy. Such person(s) or organization(s) is art insured only (1) The preparing, approving, or failing to with respect to Call for "bodily injury"', prepare or approve. maps, shop "Property damtige"or"prarsonal and advertising drawings, opinions. reports. surveys, Irujuf;y" caused, fin whole or in part, by you, field orders, change orders or drawings maintenance, operation or use of equipment and specifications; or leased to you by sock person(s) or organization(s). (2) Supervisory,inspection, architectural or engineering activities. However, the insurance afforded to such additional insured: This exclusion applies even if the claims ,against an additional insured allege a_ Only applies to the extent permitted by law: negligence or either wrongdoing in the and superrGsion, hiring,employment. training or b. Will not be broader than that which you are monitnrirtg of others by that ensured, if the required by the contract or agreement to occurrence' which caused the "bodhy provide for such additional insured. injury'or"Property damage". or the offense which caused the"oc4sonal and advedlising A person's or organizahori status as an inpury". involved hie rendering of or failure additional insured under this endorsement ends to render any professional services by you when their contract or agreement with you for wuh respect to your providing engineering, such leased equipment ends architectural or survoying services in your 2. With respect to the Insurance afforded to these f,teparlty as an oni architect or additional insureds, this insurance does not surveyon apply to any "occurrence" which takes place E. Blanket Additional Insured — Managers Or after the equipment lease expires. Lessors Of Premises 3, With respect to the insurance afforded to these 1. Section II—Who Is An Insured is amended to a'adcPihonal insureds, the following is added to include as an additional insured any person(s) Section ill—I-Ini Of Insurance: of organization(s) wirr whom you have agreed If coverage provided to the additional insured is in a written contract, executed prior to loss, to required by a contract of agreement, the most name .as an ud0rional Insurer[, but only wiff, we will pay on behalf of the additional insured respect to liability arising out Of the ownership,. Is: maintenance or use of that part of the premises ,eased to you, subject to the faailowing. a. The minimum amount required by the additional exclusions; contract or agreement: or b. The Limits of Insurance shown In the This Insurance does not apply to: Declarations, a, Any "occurrence" which lakes place after whichever is less. you cease to be a tenant in that premises. This endorsement shall not increase the b. Structural alterations, new construction or demolition operations perfonced b or on applicable Limits of Insurance shown in the behalf of such additional insured.. y Declarations. WIN GL 39 07 15 Includes copyrighted material of Insurance services office, Inc,., with its permisslan. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision or insured only applies to the extent permitted Political Subdivision — Permits Or by law; and Authorizations b. If coverage provided to the additional Section II — Who Is An Insured is amended to insured is required by a contract or include as an additional insured any state or agreement the insurance afforded to such goverrmrental agency or subdivision or political additional insured will not be broader than subdivision with whom you have agreed in a written that which you are required by the contract or agreement to provide for such additional contract, executed prior to loss, to name an additional insured, subject to the following insured. provisions: 2. With respect to the Insurance afforded to these 1, This insurance applies only with respect tc additional insureds, the following is added to operations performed by you or on your behalf Section III—Limits Of Insurance: for which the state or governmental agency or If coverage provided to the additional insured is subdivision or political subdivision has issued a required by n contract or agreement, the most permit or authorization. we will pay on behalf of the additional insured However: is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement:or by law; and b, The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or whichever is less. agreement, the Insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations, insured. 3. With respect to the insurance afforded to these 2. This insurance does not apply to: additional insureds, the foflowing additional exclusion applies: a. "Bodily injury", "property damage" or "personal and advertising Injury"arising out This insurance does not apply to: of operations performed for the federal a. "Bodily injury", "property damage" or government, stale or municipality; or "personal and advertising injury" arising out b. '"podil,y injury" or "property damage' of the rendering of, or the failure to render, included within the "products-complt„led any professional archinfoural, engineering operations hazard"_ or snvcying services, inrlurfing: 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to Prepare or approve, maps. strop Section III—Limits Of Insurance: drawings, opinions, reports, surveys, field orders, change orders or drawings If coverage provided to the additional insured is and specifications;or required by a contract or agreement, the most (2) Supervisory, inspection, architectural we will pay on behalf of the additional insured pervisor or Is: engineering activities. This exclusion applies even A the claims a, The minimum amount required by the against an additional insured allege contract or agreement;or negligence or other wrongdoing in the It. The Limits of Insurance shown in the supervision, hiring, employment, training or Declarations; monitoring of others by that insured, if the whichever is less. "occurrence" which caused the "bodily injury"or"prope„fly daimoge",or the,offense This endorsement shall not increase the which caused the"personae and advertising applicable Limits of Insurance shown in the Injury". involved time rendering of or fallen, Declarations. to mender Orly professional services..by you with respect td your providing engineering, architectural or surveying services in your caPaChy a5 an engineer, architect or surveyor. WN OL 39 07 15 In,woes copyrighted mammal of Insurance services Ofllce, Inc., with Its permission_ Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators;or exclusion applies. C. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a, The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law: and or surveying services. including, (1) The preparing, approving, or failing to b. If coverage provided to the additional insured is required by a contract or prepare or approve, maps. shop agreement. the Insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specificatlons;or or agreement to provide for such additional (2) Supervisory, inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section III—Limits Of Insurance: negligence or other wrongdoing in the If coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement, the most monitoring of others by that insured, if the we will pay on behalf of the addillonal insured "occurrence" which caused the "bodily injury'or"property damage", or the offense s' which caused the"personal and advertising a. The minimum amount required by the injury', involved the rendering of or failure contract or agreement:or to render any professional services by you with respect to your providing engineering, le. The Limits of Insurance shown in the architectural or surveying services in your Declaration; capacity as an engineer, architect or surveyor whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the G. Blanket Additional Insured — State Or Declarations. Governmental Agency Or Subdivision Or Political Subdivision — Permits Or 3. With respect to the insurance afforded to these Authorizations Relating To Premises additional insureds, the following additional Section II — Who Is An Insured is amended to exclusion applies Include as an additional Insured any slate or This insurance does not apply to, governmental agency or subdivision or political a. "Bodily injury", "property damage" or subdivision with whom you have agreed in a written "personal and advertising injury'arising out contract, executed prior to loss, to name as an of the rendering of, or the failure to render, additional insured, subject to the following any professional architectural, engineering provision: any surveying services, Including: 1. This Insurance applies only with respect to the (1) The preparing, approving, or failing to following hazards for which the slate or prepare or approve, maps, Shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization dra orders, phango,,mreporens,s, surdraveys, in connection with premises you own, rent or fired specifications; or control arid to which this insurance applies: a. The existence, maintenance, repair, (2) Supervisory,inspection, architectural or construction, erection or removal of engineering activities, adveNsing signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WIN GL 39 07 15 Includes capyrighted material of Insurance semres Office,Ina, with its pwrriasiun. Page 8 of 10 This exclusion applies even if the claims against an additional Inured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or monitoring of others by that insured, if the A. Knowledge Of Occurrence "occurrence' which caused the "bodily Item 2. Duties In The Event Of Occurrence, injury"or"property damage", or the offense Offense, Claim or Suit is amended by adding the which caused the"personal and advertising following: injury'. involved the rendering of or failure to render any professional services by you C. You must give us or our authorized with respect to your providing engineering, representative prompt notice of an architectural or surveying services in your occurrence", claim or loss only when the capacity as an engineer, architect or "occurrence', claim or loss is known to: surveyor. (1) You,if you are an individual; SECTION III — LIMITS OF INSURANCE (2) A partner, if you are a partnership, AMENDMENTS (3) An executive officer or insurance manager, A. Damage.To Premises Rented To You if you are a corporation;or Paragraph 6. is replaced by the following: (4) A member or manager, if you are a limited 6. Subject to Paragraph 5. above, the most we liability company. will pay under Coverage A for damages B, Otherinsurance because of "property damage"' to any one Item 4. Other Insurance, b.Excess Insurance(1) premises, while rented to you,or in the case of (a)(ip is replaced by the followlnl damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily (1) That is fire, lightning, explosion or sprinkler occupied by you with permission of the owner leakage insurance for premises rented to you Is the greater of: or temporarily occupied by you with permission of the owner; a. $300,000;or C. Unintentional Failure To Disclose Hazards I The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the following: Declarations. 6, Representations And Unintentional Failure However, the provisions of this paragraph do To Disclose Hazards not apply it Damage to Premises Rented To a. By accepting this policy,you agree: You Coverage is excluded by endorsement, B. Medical Expense Limit (1) The statements in the Declarations are Paragraph 7. is replaced with the following: accurate and complete: " 7. Subject to Paragraph 5. above, the most we (2) those statements are based upon representations you made to us;and will pay under Coverage C for ail medical expenses because of "bodily injury" sustained (3) We have issued this policy in reliance by any one person is the greater of upon your representations. a. $10.000; or b. If you unintentionally fail to disclose any hazards existing at the inception dale of b. The amount shown next to the Medical your policy, we will not deny coverage Expense Limit in the Declarations. under this Coverage Part because of such [his insurance does not apply if coverage for failure. However, this provision does not Medical Expenses Is excluded either by the affect our right to collect additional provisions of the coverage part or by premium or exercise our right of endorsement.. cancellation or non-renewal. WIN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc„with Its pertniasien. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item S. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9. a.is replaced by the following: We waive any right of recovery we may have a. A contract for a lease of premises. However, because^ of payments we snake for injury or that portion of the contract for a lease of damage arising eaull of your ongoing operations or premises that indemnities any person or your work" done under a written contract. organization for damage by fire, lightning, executed prior to loss, requiring such waiver with explosion or sprinkler leakage to premises Yhat person or organization and included In the while rented to you or temporarily occupied by "products-completed operations hazard''. However, you with permission of the owner is not an our rights may only be waived prior to the "insured contract"; oecumcnce'giving rise to the injury or damage for which we snake payment under this Coverage P'arl. B. Personal And Advertising Injury Redefined Tile ifisueed must do nothing after a loss to Impair Paragraph 14, d. and e. are replaced by the our rights. At our request, the imvtrred will bring following: "suit' or transfer those rights to us and uelp us enforce those righ➢s. d, Oral, written,televised,videotaped or electronic publication of material that slanders or libels a persolr or organization or disparages is persons or organization's goods, products or service; e. Oral, written.televised,videotaped or electronic Publication of material that violates a person's right of privacy; WIN GL 39 07 15 Includes copyrighted materiel of Insurance services Office, Inc„with its permission. Pa0e 10 of 10 Policy No.CPP101928610 WIN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/[-ease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes, Newly Acquired Organizations for up to 180 Days 2 Employees as Insureds 2 Subsidiaries in Which You Own 50%or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2,5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident,Claim, Snl1 or Loss 5 Loss Of Use Expenses- Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: Bail Bonds up to $5,000 2 Loss of Earnings up to$50010ay 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 46 induAb_copyrir�hxed rnu[eria of nwranca Se,rvioo Oft ce, Inc„ with iPs perni7ssion_ Page 1 of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following, BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below, SECTION II - COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented Li nder a contract or agreement in the A. Who Is An Insured "employee's" name, with your permission, SECTION 11 - COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE,A. Coverage, 1. Who Is An Insured of your business, is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II - COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of Ihis coverage Insured, paragraph c. is amended to add the form. following; However, "insured" does not include any Any person or o"ganization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would tharl person or organization, trial is signed and be an "insured' under such policy but for executed by you before the "bodily injury" or termination of such policy or the exhaustion on "frropeny darnaye" occurs; and that is In effect such policy's limits of insurance, during the policy period, to be named as an e. Any organization which is newly acquired or additllonaq insured is an "insured" for Liability formed by you and over which you maintain Coverage, but only for damages to which this majority ownership. However, coverage under insurance applies and only to the extent that this provision: persons or organization qualifies as an "insured" under the Who G An Insured provision contained in (1) is afforded only for the first 180 days after Section I1. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions -Supplementary whichever comes first; payments (2) does not apply to "bodily injury" or SECTION II - COVERED AUTOS LIABILITY "properly damage" that results from an COViE;RAG£. A. Coverage, 2. Coverage "accident"that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended b,y replacing subparagraplls (2) and (4) (3) does not apply to any newly acquired or with the following: formed Organization that is a joint venture (2) Ull) to $5.000 for cnsa of hail hands Iorfil irrg or partnership: and bonds for related u'affic law violations) required her,ause of all "';arr ids"nt"we cover. Wa*�do not Q4) does not apply to am "1n.arerl"' raforder any have to furnish tfrese bonds. other anlorpoo le liability policy, or wound be an"insured"under suc11 a polcy but for (4) All reasonable expenses incurred by the Ie,rmGrn„rlharr of such paolfr'ty rar the "insured" Tat our niquest, including actual loss exhaustion of sudl Policy's tlmlls Of of earnings up to $500 a day because of time insurance. off from work. f. Any "employee" of yours is an "insured' while using a covered "ardo" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 IncWdes copyaphied material of Insurance Se rnices Dtalce,Inc., with Its permission. Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION 11 — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, S. Fellow COVERAGE, A, Coverage, 3. Glass Breakage— Employee,the following is added: Hitting A Bird Or Animal — Palling Objects Or Co-Employee Lawsuit Defense Cost Missiles, is amended by adding Ifte fallowing: Reimbursement No deductible will apply to glass breakage if such glans Is repaired. in a manner acreptahle in us, If a out seeking damages for"bodily injury" to any rather mmi replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to SECTION III — PHYSICAL DAMAGE the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, COVERAGE, A. Coverage is amended by adding another or sister of that fellow 'employee", is the following: hmoght against you, we will refmhurse reasonable S. Hired Auto Physical Damage costs that you incur in the defense of such matters_ Any reimbursement made pursuant to If hired `<auto%"are cover'uo",Intel,"for Liability this sub-section will be in addition to the limits of Coverage and if Comprehensive. Specified liability set forth in the Declarations. Causes of Loss, or Collision coverages are provided under this coverage form for any SECTION III — PHYSICAL DAMAGE COVERAGE .1arla" you own, there the Physical Damage AMENDMENTS Coverages provided are extended to "autos" you hire of like kind and use, subject to the A. Transportation Expense—Limits Amended following: SECTION III — PHYSICAL DAMAGE a. The r i we will pay for any one "loss" is COVERAGE, A. Coverage, 4. Coverage $50.000 or the actual cash value or cost to Extensions, a. Transportation Expenses is repair or replace, whichever is less, minus amended by replacing $20 per day/$600 maximum a deductible; lirnit with$50 per day/$1000 maximum. b. the deductible wile be equal to the. largest B. Hired Auto Physical Damage — Loss Of Use deductible applicable to arty owned '"a,aid' for trial coverage.. Arty Lamprehensive Expenses—Limits Amended deductible does not apply to"Voss"catmed SECTION III — PHYSICAL DAMAGE by fire or lightening;. COVERAGE, A. Coverage, 4, Coverage C. Hired Auto physical Damage coverage is Extensions, b. Loss of Use Expenses is excess over any other collectible .amended by replacing the $20 per day/$600 insurance; and maxirinUrn limit with $50 per dayl$'75C1 maximum limit. d. Subject to the above limit. deductible and excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage SECTION III — PHYSICAL DAMAGE applicable to any covered "auto"you own. COVERAGE, A. Coverage, 4. Coverage If a limit for Hired Auto Physical Damage is Extensions is amended by adding the following: indicated in the Declarations, then that lirrit c. Personal Effects replaces, and is not added to, the$50,000 limit indicated above. We will pay up to $500 for "loss" to personal effects, which are. (1) Owned by an"insured; and (2) In or on your covered"auto." 'rills (Overage applies Only in the eve.n8,of the total theft of your covered "auto." No deductible applies to this coverage WIN CA 27 06 16 Inc,do,copvriyrded rnateriel or lnurance Services Office, inc.,wiifi as permfeslnn_ Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III—PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE A. Coverage, is amended by adding the following: COVERAGE, A. Coverage is amended by adding 6. Rental Reimbursement the following: This coverage applies only to a covered "auto" 7. Accidental Airbag Deployment Coverage of the private passenger or light truck type as We will pay to reset or replace'factory inslalled follows_ airbags) in any covered '-uf t" for accidental discharge, othei than discharge due to a a. We will pay for rental reirnbursernent collision loss expenses incurred by you for the rental of e private passenger or light truck type This coverage is applicable only If .auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light (ruck type covered"aftto". "autn' Payment applies in addition to the otherwise applicable amount of each This coverage is excess over any other coverage you have on a covered private collectible insurance of reirnbursernent by passenger or light truck type "auto" No manuGichrrer's warranty_ deductibles apply to this coverage. H. Auto LoanlLease Gap Coverage b. We will pay only for those expenses incurred during the policy period beginning SECTION III PHYSICAL DAMAGE COVERAGE, 24 hours after the "loss" and ending, Item A., Coverage. Is amended by adding the regardless of the policy's expiration, with following: the lesser of the following number of days: S. Auto LoanlLease Gap Coverage III The member of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light. the Declarations as including physical damage fri.ldk type "aura°'. If "loss' is Caused coverage. by theft, this number of days is added to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the or light truck type "auto" and return it Schedule or in the Declarations, we will pay to you;or any enipaid -amount due on the lease or loan (2) 30 days, for a covered"auto"less. c. Our payment is limited to the lesser of the a. The amount paid under the Physical following amounts. Damage Coverage Section on the policy; and (1) Necessary and actual expenses incurred, or It. Any: (2) $50 per day, up to a maximum of (1) Overdue lease/loan payments at the $1,000. time of the"loss"; d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal light truck type "autos available w you for wear and lear or high mileage; your operations, (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or light truck type, we will pay urrdcxr this (4) Costs for extended warranties, Credit coverage only that arnount of your rental Life Insurance, Health, Accident or reimbursement expenses which is not Disability Insurance purchased with already provided for under SECTION III — the loan or lease: and PHYSICAL DAMAGE COVERAGE, A. Coverage, 4.Coverage Extensions. IS) Carry-over balances from previous cans or leases For the purposes of this Rental Reimbursement coverage., light final, is defined as a truck with a grass vehicle,weight of 10,000 Ibs,. or less as defined by Inc manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes cepyrlghled material of Inavrence Services nflloe, Inc.,with hs permission_ Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV — BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by SECTION IV — BUSINESS AUTO CONDITIONS, adding the following paragraph: A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any This condition applies only when the "accident" or additional hivaards, we, will not deny coverage "loss"is known to: under this Coverage Part because of such failure. (1) You, if you are an individual; D. Employee Hired Auto (2) A partner, if you are a partnership; SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or fulluwdn�y: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liahility company. the following are deemed to be a covered But, this section does not amend the provisions "autos"you own: relating to notification of police, protection or (1) Any covered "auto"you lease,hire, rent or examination of the property which was subject to borrow. the"lass". 0) Any covered "aado' hired or rented by your B. Blanket Waiver of Subrogation "employee" under a contract in that individual "employee's" name, with your Section IV—BUSINESS AUTO CONDITIONS, A. permission, while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by adding the following exception: However, any "ardo" that is leased, hired, rented or borrowed with a driver is not a However, we waive any right of recovery we may covered"auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 IncbAdeS copyrighted meterla......... ,ce Se ,,r,, t r,, Inn., N,ith Its porn isv ien. Pate 9 of 5