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CAG2019-070 - Original - L & S Tire Company - 2019 Recycling Events - 02/13/2019
T Records Management Document CONTRACT COVER SHEET Thl�6 is, to be bv cointiraca gvh�unarper to to thic (>Ity (Acir k", ('Mh at A�� t'C' hc" connIplIoUlld, )Ptpu ha vie piieaol�roe the (',Itv Office <0 Vendor Name: L&S Tire Company Vendor Number (IDE): Contract Number (City Clerk): 09 hi 161 - 0 6 Category: _Contract Agreement Sub-Category (if applicable): None Project Name; 2019 Recycling Events Contract Execution Date: 2/13/19 Termination Date: 11/1/19 Contract Manager: Tony Donati Department: P\/\/: Engineering Contract Amount: $3,000.00 Budgeted: W1 Grant? Part of NEW Budget: Local: 0 State: ❑ Federal: Related to a New Position: D Basis for Selection of Contractor? Other Approval Authority: IV] Director 0 Mayor E] City Council Other Details: Provide tire collection services for two recvclinci events, KENT GOODS & SERVICES AGREEMENT between the City of Kent and L&S Tire Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and L&S Tire Company organized under the laws of the State of Washington, located and doing business at 9215 39r' ,Ave. SW, Lakewood, WA 98499, Phone: (253) 582-5556, Contact: Steffeny Wallace-Jacobs (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 Lire collection services for two City of Kent Recycling Events which will be held on March 9, 2019 and October 19, 2019. 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 1, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand Dollars ($3,000.00), 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 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. INSST) A. Defective or Unauthorized Wgrk. 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 roust submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV'(D), within fourteen (I4) 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 snake an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Recards. 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. Vendors D ft to Cornglete Pretested Wark. 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 to Protgst Constitutes wain_er. 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. Parlors ka Follaw Procedures Constitutes GVaiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 (g20,o00 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Rgcy_glable 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-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Dis ut and Governing 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; rovided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. 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 Vendor. G. Entire Agreemenk, 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. Comohi==once with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations,. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 9 tl 1. Public Records.A . 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 Clty's duties and obligations under the Public Records Act. J. City_Bushoss Ucense 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. Couft enjarts and Sicgna ures by Fax or_Egja V. 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. .,__.._...._........_._._,,.__.__......_— . __--K _.._...----._.....— Y�]'7,;�, CITY.OF KENT By: iL C_0 . �� t'1 BY r�airrrz¢Y �sxlJo rirarU) Print Name 's Print Name: Michael Mactutls, P.E. Its: Environmental Engineering Manager DATE. .. .I 9 �.,._��.....____ DATE .._..���;� ...I.'! ___..,.,��........_.—. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Steffeny Wallace-Jacobs Timothy ). LaPorte, P.E. L&S Tire Company City of KenL 9215 39"' Ave. SW 220 Fourth Avenue South Lakewood, WA 98499 Kent, WA 98032 (2.53) 582-5556 (telephone) (253) 856-5500 (telephone) (253) 588-0809 (facsimile) (253) 856-6500 (facslrnlle) ATTEST: Kent City_ Jerk Ih4 ecVIni9 CenLS/Danotl GOODS & SERVICES AGREEMENT - 6 W0,000 or Less, including WSSTJ 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. For Title: Date: 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 " -" Spm&anm,Wnnhtngton' ' ' --' Yncamn,Wnahln0ton ---_- December 5, 2018 Tony Donati City of Kent 400 West Gowc St Kent, WA 98032 Dear Tony: Thank you for giving us the opportunity to bid the Clean-Up Event scheduled for Saturday, March 9, 2019 and Saturday October 19, 2019, in Kent. The pricing will be as follows for each 2019 event. The price quote for our services is as follows: L&S will charge the City a flat fee of 131.0 0.00 to cover up to 400 passenger tires without rims. Each additional tire beyond 400 will be charges as follows: ;n)2.25 per passenger tire without rim. ti0 00 per passenger tire with rim, 4S l.ia;0 per truck fire off-rim and $;,"WO per truck tiro on-rim. There is no limit to the number of tires that L&S will collect from the City. This is per event pricing. Sincerely, u, Steffeny Wallace Jacobs Office Manager 8119 North Regal Street Phone: 509.464.0976 9215-39'^Avenue SW Phone' 253.582,5556 Spokane,WA 99217 Fax: 509.466.7667 Lakewood,WA 98499 Fax: 253.588.0809 EXHIBIT B INSURAINCE 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: I. Commercial General..:Ligbility insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' 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. 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. 2. Auto bile insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. L&STIRE-01 CERTIFICATE OF LIABILITY INSURANCE oarElMmfoomrn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT'i If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVEDY Subject to the terms and conditions of the pollcy,certain policies may require an endorsomont. A statement on this cor ificato does not confer rights to the certificate holder in lieu of such endorsomont(s). PNO6UGER Nila IIETA CT Susan Gatlin Spoka n o-arfice PHONE ayIRW4st III Inc IN . os s,zl .. '....... INC. Nol: 60kiive ntBd.,SIR 403 st convr _�..., INSBREftIS10.FFOROINf fOVFPARg NAIO N INSURER A;Western National Assurance Comnanv 24465 - ., . .. _. INSURED INSURERS:Pioneer Sneciallv Insurance Comnpnv 40312 L&S Tire Company INSURERc Spol N.Regal,Bld921 5 Irvsu Rego: Spoka rte,WA 99217 -__ .. _.... .... .... ......_... . ----. NSURER E: ............... .................._____„_.._.. CgVEf7AtiES_ ....., CERTIFICATE NWMBER^ .,..,..m __............. .w... _......_ ----REVI514N Nam..........._..._. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANUING ANY RFOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWTH RESPECT TO WHICH T Ills CERTIFICATE MAY BE ISSUF,D OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OI SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. ----,....-_—..S...�. POLICY ... INRf1 rypE OFgN9URANCE ADDL SURF POLICYNUNBER POLICY EFP POLICY E%P Lift _ .. ............. JN4a YA"1} _...... .. ,,,,,,, IIfo1,Vdlkf.CYYY7 PLYYYf ------- LIMITS A �' COMMERCIALGENERALLIABILITY PACIIOCCURRENCE 1,0©0,000 anu.Is+,aANE ��occuN X CPPO013699 12108/2018 12/OW2019 DAPAGE TO IENTED 3 100,000' h1En VIPIivWAWIfwrsgsy ,,,.,,$ --... 6,000 PPRSOr I,8AOV UJURY ...,.F 1,000,000 (lFWAGGR GATC DI.nTAPPI IRS PFR. 2000000 X Rzp rr �� CENLIUnL Ar1t21tGATAII , r I'OtICY 1 JCCT u LUC _— f 2� �006 090 I-LPra4t116141S S(OMrXK?C,.nGG p 1)Ww_..... .. __. ................ EMPLOYERS WAt31 .6 1,600,000 B- nurornoelLE uaoalry � craMOlNEa sii;xc;LE urnIT 9,006,60E -- awvnuro OPP1083215 0910112018 09101I2019 u, irttY 1nJwa,6r lhnrpnrcwrj-- s _ OWNED X SCHFUULF.D - AUTOS ONLY A11105 �q tl . putrou Y pNaV18Y.tParaaradenik.� X- WEAONLY _ _ .............-- UMBRELLA LIAR OCCUR EACH OCT nRRENfE E%cE55 LIAR CLAM IS AIAUS AK'eltLf7Hle DED L DWS $ --.IWdPtRL1Y$GOMaEN5flT1ON STA1.tJTE.I l E$1 AND EMPLOYEaS LIABILITY r ANY PROPR*.TOR�APARTNftq+ %ECanVE _ ..._._.-.__. I a�6 I"NO'C rA FXClUOL07 WA !Iyos dascrrUn on,lar FI IDITy,FAYSP,-.F'AEMP¢tlYEL.$ ..... ......... ...... ... REAR`'Tt4N tlf OPBftATf(}N Un;nn _. ...., EL aISEASE-.POLOYLININT_._I UESCRIPTYONOldr Is naIONSILmed A ddi Noaa[HICLES Insure(t sre quireddilyc contract, Serfoo,mattahed,ed if more space is raqulreA) CortlRlcaio Hoklc Is named as Additional inaurerl as required by coallract,per fOnnS attached, ...__— ..... . CANCELLATIII SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION ACCORDANCE WITH THE POLICY PROVISIONS,NOTICE WILL BE DELIVERED IN 400 West Gowe St Kent,WA 98032 AUTHORIZED R{E/S'RESF.WT'hT1VE rr: t ... . _ ACORD 26(2016103) ©1988-2016 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Western National Assurance Company Policy Number: CPP 0013699 16 9706 4th Avenue NE, Ste 200 RENEWAL DECLARATION ,Seattle, WA 98115-2162 Named Insured: www.wnins,rom L & S TIRE COMPANY FORMS AND ENDORSEMENTS SCHEDULE Coverage Line Farm Number Ed, Date Description ._._,.. ...... . .. ........... —........ ..._ .._.� __........_.. Commercial Fire iL0123 (11/13) WA Changes Defense Costs Commercial Pi ra IL0146 (08/10) WA Common Policy Conditions Commercial Fire Ii,a IS7 (07/02) WA Changes Actual Cash value Commercial Fire IL0935 (07/02) Excl of Certain Computer Rnlat Commercial Fire I50952 (Di/is) Cap on Losses from CAT Commercial Fire 1L0983 (01/09) VIA Amendment. of Terrorism Excl COmlee rcial Fire CP0010 (10/12) Bldg and Pere Prop Cvg Form commercial Fire CP0030 (10/12) Business Income Cvg Form (&EE) Commercial Fire CP0090 (07/08) Commercial Property Conditions Commercial Fire CP0126 (10/1,2) VIA Changes Commercial Fire CP0140 (07/06) Excl Loss due to Virus or Bact Commercial Fire CP0160 (12/98) WA Chgs-Domestic Abuse Commercial Fire CP0179 (10/12) WA Changes-Excl Causes of Loss Commercial Fire CP1030 (10/12) Cause of Loss - Special Form Commercial Fire CP1A20 (10/12) Loss Payable Provisions - WA Commercial Fire VINCP01 (12/14) Property Enhancement Ertdt Commercial Fire WNCP08 0.0/10 Equipment. Breakdown Coverage Commercial Fire WNC1,10 (10/16) Equipment Breakdown Schedule Commercial Fire WNCP15 (10/16) VIA Amendatory Endorsement Commercial. Fire IINCP16 (0'1/07) Equip Breakdown-Other Cone General Liability TL0123 (11/13) WA Changes - Defense Costs General Liability IL0146 08/l0) WA Common Policy Conditions General Liability IL0198 (09/08) Nuclear Energy Liab Excl Endt General Liability CG0001 (04/13) Comml Gen Liab Coverage Form General, Liability CGO197 (12/07) WA Chgs-Empl-Relafed Prac L.ices 2 General Liability CG0435 (12/07) Employee Benefits Liab Cc General Liability CGO442 (11/03) Stop Gap-Employers Liab-WA o General Liability CG0450 (05/06) WA changes - Who Is An Insured General LiabilityCO2106 ' (0�/14) Excl-Acceae or Disclosure General Liability CG21D9 (06/15) Exclusion-❑nmanned Aircraft General Liahility CC2116 (04/13) Excl-Designated Prof Service General Liability CG2149 (09/99) Total Pollution EXc1 Endorse General Liability CG2160 (09/9e) Excl-Yr 2000 Computer Ref & Ot General Liability CG2171 (01/15) Excl OLh Acts Terr Outside Ds General Liabil.try CG2176 (01/15) Excl Punitive Damages General T.Aabil.ity CG2186 (12/04) Excl-Exterior Insul & Fin Sys General Liability CG2426 (04/13) Amendment of Ins, Contract Def General Liability 0,G2677 (12/04) WA-Fungi or Bacteria Exclusion General Liability WNGL02 (07/l0) Punitive Damages Exclusion General Liability WNGL10 (01/04) Excl-Lead Liability Endt General Liability WNG1115 (12/16) Exclusion-Asbestos General Liability WNGL21 (07/14) Abuse or Molestation Excl General Liability WNGL39 (08/18) Comm Caen Liab Enhancement Endt General Liability WNGL49 (07/15) Adel Ined-Own, Loss, Cont-Auto Issued Data: 12/10/2019 WN IL 26 07 07 AGENT COPY Page 12 of 12 COMMERICAL GENERAL LIABILITY W N G L 39 00 18 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that proNdos coverage en- hancements. Tlie followng Is a summary of broadened coverages provided by this endorsement. No coverage s pro- Nded by this summary, refer to following endorsement for changes In your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damago Liability • Non Owned Watercraft Up To 50 Feel ......................................................................... ........2 Properly Damage Liability • Elevators...........................................................................................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception ..................................................3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000.Aggregate, $2,500 Doduchbla Per Occurrence .................................................................................3 Supplementary Payments — Amended • Ball Bonds Up To$u,000.......................... Lossof Earnings Up To $500/Day .„..................................................................................4 Who Is An Insured Amendments , Employee Bodily Injury To A Co-Employee.........................................................................4 Newly Formed OrAcqulred Organizations For Up To 180 Days ...........................................4 a Blanket Additional Insured--Vendors—As Required By Contract........... ,.„....... 4 • Blanket Additional Insured—Lessor Of Leased Equipment............ _..................................6 • Blanket Additional Insured — Managers Or Lessors Of Promises_.............. ...... .................6 • Blanket Additional Insured —State Or Governmental Agency Or SubdNisien Or P011110a1 Subdivision—Permits Or Authorizations ...................................................„.....7 • Blanket Additlonat Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision— Permits Or Authorizations Relating To Promises ......„..................8 Damage To Premises Rented To You -- $300,000...........................................I....,...............,,.......9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ...9 Conditions e Knowledge of Occurrence, Offense, Clalm Or Suit Ame,nded...............................................9 e Unlntentlonal Failure To Disclose Hazards ,,,,,,,,,,,,,,,,,,,,,,,, g • WalverofSubrogntlon....................... ................. ............. .......... ,„,.....................10 InsuredContract Amended..........................................................................................................10 Personal And Advertising Injury Redefined • Televised;Videotaped Or Electronic Publication ...........................„„„................................10 WN GL 39 08 18 includes coNrlghted mgWrial of the insurance Servlce Ofica, he„w Ith its parrrisslon. page 1 of 10 COMMERCIAL GENERAL LIABILITY WNGL 39 0818 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modlfios the Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Will)respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modl8ed by this endorsement, The SECTIONS of the Cennnercfal General Llabllhy Coverage Form Identified In this endorsement will be amended as shown below. SECTION I- COVERAGES AMENDMENTS (3) Parking an "auto" on, or on the ways next to, COVERAGE A BODILY INJURY AND PROPERTY premises you own or rent, provided the"auto" DAMAGE LIABILITY Is not owned by or rented or loaned to you or the insured; A, Non Owned Aircraft Or Watercraft (4) Liability assumed under any "Insured con- Item 2, Exclusions, Paragraph g. Is replaced by the tract" for the ownership, maintenance or use following: of aircraft or watercraft; or g, Aircraft, Auto Or Watercraft (5) "Bodily Injury" or "property damage° arising "Bodily injury" or"property damage" arising out of out of: the ownership, malntenance, use or ontrustment (a) The operation of machinery or equipment to others of any aircraft, "aulo" or watercraft that Is attached to, or part of, a land owned or operated by or rented or loaned to any vehicle that would qualify under the Insured. Use includes operation and "loading or definition of"mobile equipment" If It were unloading", not subject to a compulsory or financial This exclusion applies even if the claims against responsibility law or other motor vehicle any Insured allege negligence or other wrong. Insurance law where It Is liconsed or doing In the super�V(sion, hiring, employment, principally garaged; or training or nnonitoring of others by that Insured, It (b) The operation of any of tiro machinery or the'"000urrance" wretch amused the "bodily Injury" equipment listed In Paragraph f. (2) or f. or "property damage" Involved In the ownership, (3) of the definition of "mobile equip- maintenance, use or entrustment to others of any ment". aircraft, "auto" or watercraft (hat Is owned or g, pamage To Property Coverage Extensions operated by or ranted or loaned to any Insured. This exclusion does not apply to: Item 2, Exclusions, Paragraph J, Is replaced by the (1) A watercraft while ashore on premises you following: own or rent; J, Damage To Property (2) A watercraft you do not own that is: "Property damage" to: (a) Less than 60 feet long; and 0) Property you own, rent, or occupy, including any costs or expenses Incurred by you, or (b) Not being used to carry persons or prop- any other person, organization or entity, for erty for a charge; repair, replacement, enhancement, restora- This Subparagraph (2) applies to any person, lion or maintenance of such property for any who with your expressed or Implied consent, reason, including prevention of Injury to a either uses or Is responsible for the use of the person or damage to another s property; watercraft; (2) Premises you sell, give away or abandon, If the "property damage" arises out of any part of those premises; W N GL 39 08 18 Includes copyrlyhled"Ierlal of the hserance service Cfte, he„w iih its porassien. Page 2 of 10 (3) Properly loaned to you; The Insurance provided for "property damage" from (4) Personal properly In the care, custodyor con- the use of eievators and for "property damage" to trol of the insured; borrowed equipment is excess over any other valid (5) That particular part of real property on which and collectible property Insurance (Including any de- you or any contractors or subcontractors ducllble portion (hereof) available to the insured working directly or Indirectly an your behalf whether primary, excess, contingent or on any other are performing operations, if the "property basis. damage" adsos out of those operations; or C. Damage To Premises Rented To You (6) That particular part of any property that must item 2. Exclusions, the last paragraph Is replaced by be restored, repaired or replaced because the following: 'your work" was incorrectly perforated on It. FXCILISIQnS c. through n. do not apply to damage by Paragraphs (1), (3) and (4) of this exclusion do not fire, lightning, explosion or sprinkler leakage to apply to "proporty damage" (other than damage by premises whilo ranted to you or temporarily occupied fire, lightning, exploslon or sprinkler leakage) to by you with permission of the owner. A separate limit premises, Including the contents of such premises, of Insurance applies to this coverage as described In rented to you for a period of soven or fewer Paragraph 6, of SECTION III — LIMITS OF consecutive days. A separate limit of insurance INSURANCE applies to Damage To Premises Rented To You as described In SECTION III—LIMITS OF INSURANCE, COVERAGE B — PERSONAL AND ADVERTISING However, the pro>Aslons of (his paragraph do not INJURY LIABILITY apply If coverage for Damage To Premises Rented To You Is oxcluded by endorsement. D. Personal And Advertising Injury Paragr ]torn 2. Exclusions Is amended by replacing Sub- promises re of this work" and were not apply If the paragraphs b, and o, with the following: premises are 'your work" and were never occupied, rented or held for rental by you. b. Material Published With Knowledge Of Falslty Paragraphs (3) and (4) of this exclusion do not apply "Personal and advertising Injury" arising out of to the use of elevators. oral, written, televised, videotaped or electronic publication, In any manner, of material, If done by Paragraphs (3), (4), (5) and (6) of this exclusion do orr at the direction of the insured with knowledge not apply to liability assumed under a sidetrack of its falsity. agreement, c, Material Published Prior To Policy Period Paragraph (4) of this exclusion does not apply to "personal and advertising Injury" arising out of "properly damago" to borrowed equipment while not oral, written, televised, ideotaped or electronic being use(tl to perform operations at the jobslte, publtcatlon, 'o any manner, of material whose firs( Subject to Paragraph 2, of SECTION III--LIMITS OF publlcallon took place before the beginning of the INSURANCE, the rules below fix the most we will pay policy period, for "property damage" under this provislon: (1) $25,000 any one .1occurrenco", regardless of the SUPPLEMENTARY PAYMENTS —COVERAGES A number of persons or organizations who sustain AND B damages because of that"occurrence"; E. Supplementary Payments —Coverages A and B (2) $50,000 annual aggregate; and Item 1. Is amended by replacing Subparagraphs b. (3) Wewlll pay only for damagos In oxcess of$2,500 and d. with the following: as a result of any one "occurrence", regardless of b, Up to $6,000 for cost of bail bonds requirod be. the number of persons or organizations who cause of accidents or traffic law violations arising sustain damages because of that "occurrence", eul of the use of any vehicle to which the Bodily We may, or If required by law, pay all or any park Injury LiabilityCpverago.applies. We do not have of any deduoiiblo anratrnt, If applicable, to effect to furnish these bonds. settlement of any claim or "cull". Upon notice of our payment of a deductible amount, you shall d. All reasonable expenses Incurred by the insured promptly reimburse us for the part of the at bur request to assist us In the (mmstigatlon or deductible amount we paid, defense of the claim or"suit", including actualloss Of time off Paragraph (6) of tarts e of earnings up to$500 a day becausa xoluslon does not apply to from work. Property damage" included In the "products•com- pleted operations hazard". WIN GL 39 08 18 hetudes copyrighted rraterlal of tl)q hrsuearxe Servlco IXftce, hc,wilh its perm'ssbn. Page 3 of 10 SECTION II—WHO IS AN INSURED AMENDMENTS The following aro added; A, Employee Bodlly Injury To A Co-Employee C. Blanket Additional Insured — Vendors — As Re- Paragraph 2. a. (1) Is replaced by the following: quired By Contract However, none of these "employees" or "w[unteer 1, Section II — Who Is An Insured Is amended to workers" are Insureds for "bodily injury" or "personal include as an additional Insured any person(s) or and advertising Injury": organizatlon(s) (referred to throughout this (a) To you, to your partners or members (!f you area endorsement as vendor) with whom you have partnership or joint venture), to your members (If agreed a written contract, executed prior to you are a limited liability company), to a co- loss, to name as an additional Insured, but only with respect to bodily injury" or property "employee" while In the course his or her damage" arising out of"your products" which are conduct of yourr business,, o or related to your other employment or forming lated to the distributed or sold In the regular course of the r 'Wlunloor workers" while performing duties vendors business, related to the conduct of your business; However, (b) To the spouse, child, parent, brother or sister of a. The insurance afforded to such vendor only the co-"employee" or "volunteer worker" as a applies to the extent permitted by law; and consequence of Paragraph (1)(a) above; b. If coverage provided to the vendor Is required (c) For which there is any obligation to share by a contract or agreement, the Insurance damages with or repay someone else who must afforded to such vendor will not be broader pay damages because of the Injury described In than that which you are required by the Paragraph (1)(a) or (b) above; or contract or agreement to provide for such (d) Arising out of his or her providing or falling to vendor, provido professional health care seNces. 2, With respect to the Insurance afforded to these However, If a suit seeking damages for "bodily Injury" vendors, the following additional exclusions or 'personal and advertising Injury" to any co- apply' "employee" or other %oiunteor worker" arlsing out of a. The Insurance afforded the vendor does not and!n the course of the co"employee's" or"volunteer apply to: worker's" employment or while perforating duties (1) "Bodlly Injury" or "property damage" for related to the conduct of your business, or a suit which the vendor Is obligated to pay dam- seeking damages brought by the spouse, child, ages by reason of the assumption of parent, brother or sisterof the co-"employee" or other [)ability In a contract or agreement. This "vu9unloar worker", Is brought agalnst you or a co- exclusion does not apply to liability for "employee" or a'Wlunlear worker", we will reimburse damages that the vendor would have in the reasonable costs that you incur in provid€ng a the absence of the contract or defense to the co"employee° or 'Wluntaor worker" agraernent; against such mailers. Any reimbursement made (2) Any oxpress warranty unauthorized by Pursuant to this sub-sacllon will be in addition to the you; limits of liability set forth In the Declarations. (3) Any physical or chemical change In the B. Newly Acqulred Organizations product made Intentionally by the vendor; Paragraph 3, a.Is replaced by the following: (4) Repackaging, except when unpacked a. Coverage under this provision Is afforded only solely for the purpose of Inspeotion, until tho 18911, day after you acquire or form the demonstration, testing, or the organization or the and of the policy period, substltullon of parts under Instructions witichever Is earlier, from the manufacturer, and then repackaged In the orlglnal container, WN GL 39 08 18 Includes copyrighted materlalor the hserarne Service Cffice, he.,vilth Its perrrission, Pago 4 of 10 (5) Any future, to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following Is added to Section III — windor has agreed to make or normally Limits Of Insurance; undartakes to make In the usual course f coverage provided to the vendor Is required by Of business, In connection with the a contract or agreement, the most we will pay on distribution or sale of the products; behalf of the vendor Is: (6) Denmonstrallon, Installation, servicing or repair operations, except such a. The minimum amount required by the operations performed at (tie vendor's contract or agreement; or premises In connection with the sale of b. The Limits of Insurance shown In the the product; Declarations; (7) Products which, after distribution or safe whichever Is less. by you, have been labeled or relabelod or used as a container, part or ingredient of 'Mis ondorsement shall not Increase the any other thing or substance by or for the applicable Limits of Insurance shown In the vendor; or Declarations. (8) "Bodily Injury or "property damage" 5, With respect to the Insurance afforded to these arising out of the sole negligence of the additional Insureds, the following additional vendor for Its own acts or omisslons or exclusion applies; those of Its employees or anyone also Tlds insurance does not apply to: acting on Its bahalf, However, INS a, "Bodil Inu exclusion does not apply to: Y j rya "property damage" or (1) The exceptions contained In "Personal and advertising Injury" arlsing of the rendering of, or the (allure to renderer,, Subparagraphs (4) or (6); or any professional architectural, englneering or (II) Such Inspections, adjustments, tests surveying services, Including: or servicing as the vendor has (1) 'fhe preparing, approving, or falling to agreed to make or normally prepare or approves ,maps, shop undertakes to make In the usual drawings, opinions, reports, surveys, course of business, in connection hold orders, ohaamge orders or ciravvings With the distribution or sale of the earl specffioallons;or products. (2) Supervisory, Inspection, archilecturai or 3, This ProNslon C. does not apply: englnearing activiltos, a. To any Insured person or organization from This exclusion applies even if the claims whom you have acquired such products, or against an additional Insured aflego any Ingredient, liar( or container, entering negligence or other wrongdoing In the Into, accompanying or containing Such Supervision, hiring, orttployittsrtl, training products; or monitoring of others by that Insured" If b. To any vendor for which coverage as an add!- the "occurrence" which caused time Ilona insured speclficaliy Is scheduled by "bodily Injury" or "property damage", or endorsement; or the offense which caused time "personal c, When liability Included wllhln the "products- and advertising Injury" Invoyed the completed operations hazard" has been ex- rendering of or fallure to reactor any Ciudad for such product either by the provi- professional SoNces by you with respect sions of the coverage part or by endorse- to your providing engineering, meal. architectural or surveying sorvtces in Your capacity as an engineer, architect or surveyor. WN GI- 38 08 18 Includes copyrighted nmaleflalof the Insurance Service wlo6, Inc.,wHh Ps psrnission, Page 6 of 10 4. With respect to the Insurance afforded to these D. Blanket Additional Insured — Lessor Of Leased additional Insureds, the following additional Equipment exclusion applies: 1. Section II —Who Is An Insured Is amended to This insurance does not apply to: nclude as an additional Insured any persons) or organlzauon(s) from whom you lease equipment a. "Bodily Injury", "property damage" or when you and such person(s) or organlzallon(s) "personal and advertising Injury" ariskrg out have agreed In writing in a contract or agreement, of the rendering of, or the failure to render, executed prior to loss, that such person(s) or any professional archllectural, engineering or organization(s) he added as an additional Insured surveying services, Including: on your policy, Such person(s) or organizatlon(s) (1) The preparing, approting, or failing to Is an Insured only with respect to Ilabllity for prepare or approve, maps, shop "bodlly injury", "property damage" or "personal drawings, opinions, reports, surveys, and advertising Injury"caused, In whale or In part, field orders, change orders or drawings by your maintenance, operation or use of and specifications; or equipment leased to you by such person(&) or (2) Supervisory, Inspection, architectural or organlzation(s), engineering activities. However, the Insurance afforded to such This exclusion applies even If the clams additional insured: against an additional Insured allege a. Only applies to the extent pennitted by law; negligence or other wrongdoing In the and supoN81on, hiring, employment, training or b. Will not be broader than that which you are moriftoring of others by that Insured, If the required by the contract or agreement to "occurrence' which caused the"bodily Injury" provide for such additional insured, or "property damage", or the offenso which A person's or organization's status as an add!- caused the "personal and advertising Injury", Ronal Insured under this endorsement ends when Involved the rendering of or failure to render Their contract or agreement with you for such any professional services by youwlthrespect leased egdipment ends. to your providing engineering, architectural or 2. With respect to the Insurance afforded to these surveying seMces In your capacity as an additional Insureds, this Insurance does not apply engineer, architect or surveyor. to any "occurrence" which takes place after the E. Blankot Additional Insured — Managers Or Les- equlpnnont lease expires. sore Of premises 3, With respect to the Insurance afforded to These 1, Section II — Who Is An Insured is amended to additional Insureds, the following is added to include as an additional insured any person(s) or Section III— Limits Of Insurance: organizatfon(s) wilh whog n you have agreed in a If coverage provided to the additional insured is written contract, executed prior to lass, to panne required by a contract or agreement, the most we as tin additional Insured, but only wilh respect to will pay on behalf of the additional Insured is: liabilityadsing out of line ownership„ maintenance a. Tho minimum amount required by the or use of that park of ilia promisees leased to you, contract or agreement; or subject to the following addillonal exclusions: b. The Limits of Insurance shown In the This Insurance does not apply to: Declarations; a, Any"occurrence" which takes place after you whichever Is loss. cease to be a tenant In that promises. This endorsement shall not Increase the b. Structural alterations, new construction of applicable Limits of Insurance shown In the domolltion operations performed by or on Declaratlons, behalf of such additional Insured. WIN OIL 30 08 18 hcludes c0p/rI9hl0d rmlarialof the Insurance Sarvlce Cyfwe, he.,with itp permsslon• Pago 6 of 10 However: P. Blanket Additional Insured — State Or a. The insurance afforded to such additlonal Governmental Agency Or Subdivision Or Polltical Insured only applies to the extent permitted Subdivision -• Permits Or Authorizations by law; and Section II — Who Is An Insured is amended to In- b. If coverage provided to the additional insured clude as an additional insured any state or Is required by a contract or agreement, the governmental agency or subdhlslon or politloel Insurance afforded to such additlonal Insured subdivision with whom you have agreed In a written will not be broader than that which you are contract, executed prior to loss, to name as an required by the contract or agreement to addltlonal Insured, subject to the following provisions: provide for such additlonal insured. 1, T1nis Insurance applies only with respect to op- t. Wllh respecl.lo the Insurance afforded to these eratlons performed by you or on your behalf for additional Insureds, the following Is added to whloh the state or governmental agency or sub- Section III—Units Of Insurance: dfv1slon or political subdMslon has Issued a If coverage provided to the additlonal Insured Is permit or authorization, required by a contract or agreement, the most we However: will pay on behalf of the additional Insured is: a, The Insurance afforded to such addlftonal a. The minimum amount required by the Insured only applies to ilia extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown In tho b. If coverage provided to the additional Insured Declarations; Is required by a contract or agreement, the whlchewr Is less. Insurance afforded to such additlonal Insured will not be broader than that which you are This endorsement shall not Increase the required by (tie contract or agreement to applicable Limits of Insurance shown In the provido for such additlonal Insured. Declarations. 2. Tlrls Insurance (foes not apply to; 3. With respect to the insurance afforded to these a. "Bodily injury"', "property damage" or "per- addltlonal Insureds, the following additlonal sonal and advertising injury" arising out of op- orations performed for the federal govern- Thls Insurance does not apply to: ment, slate or municlpallty; or a. "Bodily Injury", "properly damage" or b, "Bodily Injury" or"property damage" Included personal and advertising Injury" arising out within the "prcduots-compfeted operations of the rendering of, or the failure to render, hazard". any professional architectural, engineering or 3. With respect to the Insurance afforded to these (1) The prrny epces, Including: additlonal Insureds, the following is added to 1) Teparing, approving, or falling to Section III— Limits Of Insurance: prepare or approve, maps, stoop If coverage provided to the additional insured Is drawings, opinions, reports, surveys, required by a contract or agreement, the most we field orders, change orders or drawings and spocificailons; or will pay on behalf of the additlonal Insured is: (2) Supervisory, inspection, architectural or a. The minimum amount required by the engineering actKitles. contract or agreement; or This exclusion applies even If the claims b. The Limits of Insuranco shaven In the against an additlonal insured allege Declarations; negligence or other wrongdoing In the whichever Is less, superNslon, 'hiring, employment, training or This endorsement shall list Increase the monitoring of others by that Insured, If ilia applicable Limits of Insurance shown In the "oocurrenoo" W11101n caused (ho"'bodily injury'" Declarations, or '"property dannaga", or Ilia offense which caused the "personal and advertising Injury", Inw[ ed the rendering of or failure to render any professional serNcos by you with respect to yourproAting engineering, architectural or survuying servoes in your capacity as an engineer;, architect or surveyor, WN GL 39 08 16 Inchrdes cop/rl0hled material of Ilia hsurame geryloo cfflce, he„with it perrdssbn, Page 7 of 10 4, Willi respect to the Insurance afforded to these b. The construction, erection or removal of addllional Insureds, the following additional elevators; or excluslon applies: c. Tine ownershlp, 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 appllos to the extent permitted any professional architectural, engineering or by law; and surveying services, including; b. If coverags provided to the additional Insured (1) The preparing, approving, or falling to is required by a contract or agreement, the prepare or approve, maps, shop Insurance afforded tosuch additional insured drawings, opinions, reports, surveys, will not be broader than that which you are field orders, change orders or drawings required by the contract or agreement to and specifications; or provide for such additional Insured. (2) Supervisory, Inspection, architectural or 2. With respect to the Insurance afforded to these engineering activities. additional Insureds, the following Is added to This exclusion applies even If the claims Section III— Limits Of Insurance: against an additional Insured aliege If coverage provided to the additional insured Is negligence or other wrongdoing in the required by a contract or agreement, the most we supo Nslon, hiring, employment, training or will pay on behalf of the additional Insured Is: monitoring of others by that Insured, if the "occurrence" which caused the"bodily injury" a. The minimum amount required by the or "property damage", or the offense which contract or agreement; or caused the "personal and advertising Injury", b, The Limits of Insurance shown In the Involved the rendering of or failure to render Declarations; any professional serNcos by you with respect to your providI ng engineering, architectural or whichever Is less, surveying services In your capacity as an "[his endorsement shall not Increase the engineer, architect or surveyor. applicable Limits of Insurance shown In the G. Blanket Additional Insured — State Or Declaralions, Govermnental Agency Or Subdivision Or Political 3. With respect to the insurance afforded to these Subdivision —Permits Or Authorizations Relating additional Insureds, the following additional To Premises exclusion applies: Section II — Who Is An Insured is amended to In- This Insurance (loss not apply to: clude as an additional Insured any state or a. "Bodily injury", "property damage" or goverrnnnerrtal agency or subdivision or political "personal and advertising Injury" ahsing out subdivision with v iom you have agreed In a written of the rendering of, or the fallum to render, contract, executed prior to loss, to name as an any professional architectural, engineering or addlllonal insured, subject to the following provision, surveying soNces, Including: I. This Insurance applies only with respect to the fol- (1) The preparing, approving, or failing to lowing hazards for whlch tire state or prepare or approve, maps, shop governmental agency or silb(IlNsion or political draw[nggs, opinions, reports, surveys, subdivision has Issued a permit or authorization Bald orders, change orders or drawings In connection Y Mh promises you own, rent or and specilloations; or control and to which this Insurance applies: (2) SupeMsory, Inspeotion, architectural or. a. The existence, maintenance, repair, engineering actiglles. construction, erection or removal of advertising signs, awnings, canopies, oethar antrarnces, coal hales, driveways, manholes, rrlarquaos, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WIN GL 39 08 18 hordes cop/rbhlod naterial of Iha hsuranca Sorvlce Cffico,hc.,w'dh Its pornissfon, Page 0 of 10 This exclusion applies awn If the claims SECTION IV — COMMERCIAL GENERAL LIABILITY against an ad(M onal Insured allege CONDITIONS AMENDMENTS negllgonce or other wrongdoing in the A. Knowledge Of Occurrence supeMsion, hiring, employment, training or g monitoring of others by that insured, If the tern 2. Duties In The Event Of Occurrence, Of- "occurrence" which caused the "bodily Injury" tense, Claim or Stilt is amended by adding the to[- or "property damage", or the offense which lowing: caused the "personal and advertising Injury", e. You must giva us or our authorized represents- involved the rendering of or failure to render five prompt notice of an °occurrence", claim or any profbssioraal services by you with respect loss only when the "Occurrence", clalm or loss Is to your prov(dfng englneefing, architectural or known to: surveying seMces In your capacity as an engineer, architect or sumsyer, (1) You, If you are an Individual; (2) A partner, if you are a partnership; SECTION III—LIMITS OF INSURANCE AMENDMENTS (3) An executive officer or insurance manager, if you are a corporation; or 6 A. Damage Premises Rented To You (4) A member or manager, If you are a limited Paragraph 6, is replaced by the following: liability company. 6. Subject to Paragraph S. above, the most we will B. Other Insurance 11 Pay under Coverage A for damages because of properly damage" to any one premises, while Item 4. Other Insurance, b. Excess Insurance (1) (II) is replaced by the following; rented to you, or in the case of damage by tire, lightning, explosion or sprinkler leakage, while (11) Thal Is fire, lightning, explosion or sprinkler leak- rented to you or temporarily occupied by you with age insurance for premises rented to you or permission of the owner Is the greater of. tomporar ly occupied by you with permission of a. $300,000; or the owner; C. Unhrienflonal Failure To Disclose Hazards b. The amount shown next to the Damage To Premises Rented To You Limit in the Dacia- tern 6. Representations Is replaced by the following: rations, 6, Representatlons And Unintentional Failure To I-lowover, the provisions of this paragraph do not Disclose Hazards apply if Damage To Premises Rented To You a. By accepting this policy,you agree: Coverage IS excluded by endorsement. (1) The statements In tho Declarations are B, Medical Expense Limit accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon repro- 7, Subject to Paragraph 5. above, the most we will senlatlons you made to us; and pay under Coverage C for all medical expenses (3) We have issued this policy In reliance because of "bodily Injury" sustained by any one upon your representations. person is the greater of: b, if you unintentionally felt to disclose any haz- a. $10,000; or ards existing at tite Inceptlon date of your b. The amount shown next to the Medfcal Fx- policy„ we will not deny covoaraga sander this Oo'wrage Part because of such ftallure, ponso Llntlt In the Declarations. However, this provision does not affect our This Insurance does not apply if coverago for right to collect additional premium or exercise Medfcal Expanses Is excluded either by the pro- our right of cancellation or non-renewal, v1s(Ons of the coverage part or by endorsement. WIN GL 39 08 18 hctudas cup righted material of the hsurance Sarvice Cffico, Inc will i6 pernisslon. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item 8. 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 we[% any right of recovery we may haw because a. A contract for a lease of premises. However, that of payments we make for Injury or darnago arising out portion of the contract for a lease of promises that Of your 01901119 operations or"your work" dona under hadernnllies any parson or orgaNzation for a wrttisn contract, executed prior to loss, requiring damage by fire, lightning„ explosion or sprinklar such wairer with drat person or organization and leakage to promises while rented to you or Included to the "products-cofnpleted operations temporarily occupied by you whh permission of hazard". Howesee, our rights may only be waived the owner Is not an"Insured contract"; prior to lho "occurrenoo" gWrig rise to the Injury or B. Personal And Advertising Injury Redefined darrtalge for whVoh we make payment under this Paragraph 14, d, and e.are replaced by the following: Cowrryrpe Part. 'Rre Insured must do nothing after a loss to Impair our rights, At our request, the Insured d, Oral, written, televised, �deotaped or electronlc will bring "suit"or trarbsfer those rights to us and help publication of material that slanders or libels a Lis enforce those rights, person or organization or disparages a person's or organizallon's goods, products or sondce; e, Oral, written, tol'e\tsod, Vdeotaped or electronic publication of Inaterial that Nolates a person's right of privacy; WIN GL 39 08 18 hcludes copyrighted rmlerial of w,Hsurowe Servlce cy[co, hc.,wHh is permision, Page 10 of 10