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HomeMy WebLinkAboutCAG2019-203 - Original - TMG Services, Inc. - 2019 Annual Chlorination System Service Maintenance - 04/15/2019 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: TMG Services, Inc. 36343 Vendor Number (IDE): Contract Number (City Clerk): -a2o3 Category: -Contract Agreement Sub-Category (if applicable): None Project Name: 2019 Annual Chlorination System Service Maintenance 4/15/19 7/31/19 Contract Execution Date: Termination Date: Contract Manager: Tom Cunningham Department: PW: Operations Contract Amount: $8 7 397.00 Budgeted: ❑✓ Grant? Part of NEW Budget: Local: 1-1 State: Federal: Related to a New Position: Basis for Selection of Contractor? Bid Approval Authority: ❑✓ Director ❑ Mayor ❑ City Council Other Details: Vendor shall provide all parts, materials and labor to perform the 2019 annual chlorination system service maintenance at the following City of Kent well sites. Clark Springs, Kent Springs, East Hill West, Seven Oaks & Armstrong Springs -40�'do�. 1_117 KEN T GOODS & SERVICES AGREEMENT between the City of Kent and TMG Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the State of Washington, located and doing business at 3216 E Portland Ave, Tacoma, WA 98404, Phone: (253) 779-4160/ Fax: (253) 779- 4165, Contact: Mary Gazdik (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: Vendor shall provide all parts, materials and labor to perform the 2019 annual chlorination system service maintenance at the following City of Kent well sites: 1. Clark Springs - 24875 Kent Kangley Rd 2. Kent Springs - 28600 2161h Ave SE 3. East Hill Well - 24525 1041h Ave SE 4. Seven Oaks - 11834 Kent Kangley Rd 5. Armstrong Springs - 17975 SE 2751h PI For a detailed description of the scope of work, see the annual service quote 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 July 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Eight Thousand, Three Hundred and Ninety-Seven Dollars ($8,397.00), 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 after completion of inspection of well sites. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized 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 Payment: 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 (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. 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. 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 to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) D. Failure to Protest Constitutes 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 Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and 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 GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. 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 Disputes 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; provided, 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 Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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 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. I. Public Rggords 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. J. City Business License Reguired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. 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: _ CI OF KENT: f By: A+ By: ( n re) nature) Print NWe: A I Ccr Print Name: David A. Brock, P.E. Its: Cr es,cue Af Its: eputy Director Operations Manager (ti le) DATE: 0 � DATE: / NOTICES TO BE SENT TO: E NOTICES TO BE SENT TO: i VENDOR: I CITY OF KENT: Mary Gazdik ' Timothy 3. LaPorte, P.E. TMG Services, Inc. ( City of Kent 3216 E Portland Ave 1 220 Fourth Avenue South Tacoma, WA 98404 Kent, WA 98032 3 (253) 779-4160 (telephone) (253) 856-5500 (telephone) (253) 779-4165 (facsimile) (253) 856-6500 (facsimile) OV A) Kent Cit 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: For: -`VG <SerYrCe5 , tic_ Title: ��C S r C,c1� Date: 9 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 Page: 1 Quote T M G SERVICES,INC. Order Number: 0031286 3216 E.PORTLAND Order Date: 3/15I2019 TACOMA,WA 98404 2537794160 Salesperson: 0000 Customer Number: 1105141 Sold To: Ship To: KENT,CITY OFIWATER DEPARTMENT KENT,CITY OFANATER DEPARTMENT 220 FOURTH AVENUE SOUTH 5821 S.240TH STREET KENT,WA 98032 ATTN: TOM CUNNINGHAM KENT,WA 98032 Confirm To: Customer P.O. Ship VIA F.O.B. Terns 2019 SERVICE TMG DELIVERED TACOMA,WA NET 30 DAYS Item Code Unit Ordered Shipped Back Order Price Amount EAST HILL /SERVICE LABOR FIELD SERVICE LABOR HOUR 5.00 0.00 125.00 500.00 /SERVICE TRAVEL FIELD SERVICE TRAVEL TIME HOUR 1.00 0.00 0.00 125.00 100.00 /SERVICE MILES FIELD SERVICE MILEAGE MILE 40.00 0,00 0.00 0.50 20.00 W3T98108 AP04389 KIT PM 3/4"STD INJECT Whse: 000 EACH 1.00 0.00 0.00 111.88 111,88 W3T99091 AAA1343 KIT PM 5"RATEVALVE Whse: 000 EACH 1,00 0.00 0.00 114.10 114.10 W3T99880 AJA4393 KIT PM V10K Whse: 000 EACH 1,00 0.00 0.00 106.37 106.37 W3T99090 AAA1160 PM KIT 200/50OPPD VAC Whse: 000 EACH 2.00 0.00 0.00 176.13 352.26 W2T16924 P41212 ROTAMETER TOP-STOP CHILD Whse: 000 EACH 2,00 OM 0.00 7.90 15.80 0535J-025 3/8"JIG NATURAL TUBING Whse: 000 FOOT 15.00 0.00 0.00 1.52 22.80 Clean,inspect,and regasket(1)W&T S10K(50PPD),(1)W&T V10K(50PPD),(1)3/4"injector and (2)200S vacuum regulators. Replace all tubing. Test both regulators. Test chlorine detector for proper response to chlorine. ARMSTRONG SPRINGS /SERVICE LABOR FIELD SERVICE LABOR HOUR 4.00 0.00 0.00 125.00 400.00 /SERVICE TRAVEL FIELD SERVICE TRAVEL TIME HOUR 2.00 0.00 OX 125.00 200,00 /SERVICE MILES FIELD SERVICE MILEAGE MILE 40.00 0.00 0.00 0.50 20.00 Continued Page: 2 Quote T M G SERVICES,INC. Order Number: 0031286 3216 E.PORTLAND Order Date: 3/1 5120 1 9 TACOMA,WA 98404 2537794160 Salesperson: 0000 Customer Number: 1105141 Sold To. Ship To: KENT,CITY OFIWATER DEPARTMENT KENT,CITY OFIWATER DEPARTMENT 220 FOURTH AVENUE SOUTH 5821 S.240TH STREET KENT,WA 98032 ATTN: TOM CUNNINGHAM KENT,WA 98032 Confirm To: Customer P.O. Ship VIA F.O.B. Terms 2019 SERVICE TMG DELIVERED TACOMA,WA NET 30 DAYS Item Code Unit Ordered Shipped Back Order Price Amount W3T98108 AP04389 KIT PM 3/4"STD INJECT Whse: 000 EACH 1DO 0.00 0.00 111.88 111.88 W3T99091 AAA1343 KIT PM 5'RATEVALVE Whse: 000 EACH 1.00 0.00 0.00 114.10 114.10 W3T99090 AAA1160 PM KIT 200/500PPD VAC Whse: OOC EACH 2.00 0.00 0.00 176.13 352.26 W2T9967 AAB3104 STEM ADAPTER Whse: 000 EACH 1.00 0.00 0.00 50.04 50.04 Clean,inspect and regasket(1)3/4"injector,(1)E10K chlorinator(20PPD),and(2)210S vacuum regulators. Replace parts as needed. Test system for proper operation. Test leak detector for proper response to chlorine gas. SEVEN OAKS /SERVICE LABOR FIELD SERVICE LABOR HOUR 4.00 0.00 0.00 125.00 400.00 /SERVICE TRAVEL FIELD SERVICE TRAVEL TIME HOUR 2.00 0.00 0.00 125.00 200,00 /SERVICE MILES FIELD SERVICE MILEAGE MILE 40.00 0.00 0.00 0.50 20.00 W3T99880 AJA4393 KIT PM V10K Whse: 000 EACH 1.00 0.00 0.00 106.34 106.34 W3T99090 AAA1160 PM KIT 200/500PPD VAC Whse: 000 EACH 2.00 0.00 0.00 176.13 352.26 W3T98108 APQ4389 KIT PM 3/4"STD INJECT Whse: 000 EACH 1.00 0.00 0.00 111.88 111.88 Clean,inspect,regasket(1)V10K,(1)3/4"injector,and(2)vacuum regulators. KENT SPRINGS !SERVICE LABOR FIELD SERVICE LABOR HOUR 5.50 0.00 0.00 125.00 550.00 Continued T Page: 3 Quote T M G SERVICES,INC. Order Number: 0031286 3216 E.PORTLAND Order Date: 3/15/2019 TACOMA,WA 98404 2537794160 Salesperson: 0000 C ustom er N u m be r: 1105141 Sold To: Ship To: KENT,CITY OF/WATER DEPARTMENT KENT,CITY OFIWATER DEPARTMENT 220 FOURTH AVENUE SOUTH 5821 S.240TH STREET KENT,WA 98032 ATTN: TOM CUNNINGHAM KENT,WA 98032 Confirm To: Customer P.O. Ship VIA F.O.B. Terms 2019 SERVICE TMG DELIVEREC TACOMA,WA NET 30 DAYS Item Code Unit Ordered Shipped Back Order Price Amount /SERVICE TRAVEL FIELD SERVICE TRAVEL TIME HOUR 2.00 0,00 0.00 125 X, 200.00 /SERVICE MILES FIELD SERVICE MILEAGE MILE 40.00 0,00 0.00 0,50 20.00 W3T99090 AAA1160 PM KIT 200150OPPD VAC Whse: 000 EACH 2.00 0.00 0.00 176.13 352.26 W3T99880 AJA4393 KIT PM V10K Whse: 000 EACH 2.00 0.00 0.00 106.34 212,68 W3T98108 APQ4389 KIT PM 3/4"STD INJECT Whse: 000 EACH 2.00 0.00 0,00 111.88 223.76 W2T16924 P41212 ROTAMETER TOP-STOP CHLO Whse: 000 EACH 2.00 0.00 0.00 7 90 15.80 W3T108272 AAC536920OPPD INLET ASSEMBLY Whse: 000 EACH 1.00 0.00 0.00 161.86 161,86 Clean,inspect,and regasket(2)210S vacuum regulators with drip leg. (2)V10K automatic chlorinator(50 PPD)(30 PPD),and 3/4'injectors. Test system to ensure proper operation. Test leak detector to ensure response to chlorine gas, CLARK SPRINGS /SERVICE LABOR FIELD SERVICE LABOR HOUR 5.00 0.00 0.00 125A0 500,00 /SERVICE TRAVEL FIELD SERVICE TRAVEL TIME HOUR 2.00 0.00 0.00 125.00 200.00 /SERVICE MILES FIELD SERVICE MILEAGE MILE 42.00 0.00 0.00 0,50 21.00 W3T99090 AAA1160 PM KIT 200/500PPD VAC Whse: 000 EACH 2.00 0.00 0.00 176.13 352.26 W3T99880 AJA4393 KIT PM V10K Whse: 000 EACH 1.00 0.00 0.00 106.34 106.34 Continued Page: 4 Quote T M G SERVICES,INC. Order Number: 0031286 3216 E.PORTLAND Order Date: 3/1 5120 1 9 TACOMA.WA 98404 2537794160 Salesperson: 0000 Customer Number: 1105141 Sold To: Ship To: KENT,CITY OF/WATER DEPARTMENT KENT,CITY OF/WATER DEPARTMENT 220 FOURTH AVENUE SOUTH 5821 S.240TH STREET KENT,WA 98032 ATTN: TOM CUNNINGHAM KENT,WA 98032 Confirm To: Customer P.O. Ship VIA F.O.B. Terms 2019 SERVICE TMG DELIVERED TACOMA,WA NET 30 DAYS Item Code Unit Ordered Shipped Back Order Price Amount W3T99091 AAA1343 KIT PM 5"RATEVALVE Whse: 000 EACH 1.00 0.00 0.00 114,10 114,10 W3T98108 APQ4389 KIT PM 3/4"STD INJECT Whse: 000 EACH 1.00 0,00 0.00 111.88 111.88 W2T16924 P41212 ROTAMETER TOP-STOP CHLO Whse: 000 EACH 2,00 0.00 0.00 7.90 15.80 Clean,inspect,'and regasket(2)210S vacuum regulators,(1)V10K(50 PPD),(1)S10K(50 PPD), and(1)3/4"standard injector. Check system to verify proper operation, Replace parts as needed. Verify chlorine detectors respond to the presence of chlorine gas. Calibrate the V 10K, Net Order: 6,939.71 Less Discount: 0.00 Freight: 0.00 Sales Tax: 693.97 Order Total: 7,633.68 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. Commercial 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. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to 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. ® DATE(MM/DD/YYYY) ACbR" CERTIFICATE OF LIABILITY INSURANCE 04/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Doherty NAME: HENTSCHELL&ASSOC INC A/C No Ext: (253)272-1151 p/c,No): (253)272-1225 1436 S.Union Ave. E-MAIL Linda Doherty@hentschell.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Tacoma WA 98405-1925 INSURER A: Western National Assurance Co. INSURED INSURER B: TMG Services,Inc. INSURER C: 3216 E.Portland Ave. INSURER D: INSURER E: Tacoma WA 98404-4929 INSURER F: COVERAGES CERTIFICATE NUMBER: 18/19GL/Umb/StpGap/Auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MM DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEIT___ CLAIMS-MADE �OCCUR PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 15,000 A Y Y CPP112463404 12/02/2018 12/02/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PJECT ❑LOC PRODUCTS-COMP/OPAGG $ 2,000,000 RO- X OTHER Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y CPP112211704 12/02/2018 12/02/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED H NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Uninsured motorist $ 1,000,000 UMBRELLA LIAB "'F"'VU W" """' 2,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE Y Y UMB102042004 12/02/2018 12/02/2019 AGGREGATE $ 2,000,000 DIED I X RETENTION$ 10,000 $ WORKERS COMPENSATION I PER OTH- STATUTE X ER WA State AND EMPLOYERS'LIABILITY YIN 1,000,000 A ANYPROPRIMB PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A CPP112463404-STOP GAP 12/02/2018 12/02/2019 E.L.EACHACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 2019 Annual Chlorination System Maintenance. The City of Kent is undeer Blanket Primary Non-Contributory Additional Insured with Waiver of Subrogation as required by written contract or agreement per WNGL49(07-15);WNGL39(07-15),WNGL50(07-15)and WNCA27(06-15) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Edition Dat Ref# Description Coverage Code Form No. e Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# EDescription Coverage Code Form No. Edition Date rinsured motorist combined single limit UNCSL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 76eductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 7Deductible Amount Deductible Type Premium [OFADTLCV Copyright 2001,AMS Services,Inc. Additional Named Insureds Other Named Insureds Thomas & Mary Gazdik Individual, Additional Named Insured TMG DBA Engineered Control Product, Inc. C Corporation, Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC POLICY NUMBER: COMMERCIAL GENERAL LIABLITY WN GL 50 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s): PER WRITTEN CONTRACT OR AGREE- AS REQUIRED BY WRITTEN MENT WHERE YOU AGREED TO NAME CONTRACT A PARTY OR PARTIES AS ADDITIONAL INSURED(S) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these ad- include as an additional insured the person(s) or ditional insureds, the following additional exclusion organization(s) shown in the Schedule, but only applies: with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by This insurance does not apply to: "your work" at the location designated and de- scribed in the schedule of this endorsement per- 1. "Bodily injury", "property damage" or "personal formed for that additional insured and included in and advertising injury" arising out of the render- the"products-completed operations hazard". ing of, or the failure to render, any professional However: architectural, engineering or surveying services, 1. The insurance afforded to such additional in- including: sured only applies to the extent permitted by a. The preparing, approving, or failing to pre- law; and pare or approve, maps, shop drawings, 2. If coverage provided to the additional insured opinions, reports, surveys, field orders, is required by a contract or agreement, the change orders or drawings and specifica- insurance afforded to such additional insured tions; or will not be broader than that which you are required by the contract or agreement to pro- b, Supervisory, inspection, architectural or en- vide for such additional insured. gineering activities. WN GL 50 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 This exclusion applies even if the claims D. The following is added to the Other Insurance against an additional insured allege negligence Condition and supersedes any provision to the or other wrongdoing in the supervision, hiring, contrary: employment, training or monitoring of others by that insured, if the `occurrence' which Primary And Noncontributory Insurance caused the 'bodily injury' or "property dam- This insurance is primary to and will not seek age", or the offense which caused the"person- contribution from any other insurance available al and advertising injury", involved the render- to an additional insured under your policy pro- ing of or failure to render any professional vided that: services by you with respect to your providing (1) The additional insured is a Named Insured engineering, architectural or surveying serv- under such other insurance; and ices in your capacity as an engineer, architect or surveyor. (2) You have agreed in writing in a contract or C. With respect to the insurance afforded to these ad- agreement that this insurance would be pri- ditional insureds, the following is added to Section mary and would not seek contribution from III—Limits Of Insurance: any other insurance available to the addition- al insured. If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 50 07 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 WN 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/Lease 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,Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to$6,000 2 • Loss of Earnings up to$500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission 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 11 — COVERED AUTOS LIABILITY 9. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered"auto"hired or rented under A.Who Is An Insured a contract or agreement in the "employee's" name, with your permission, while performing SECTION II — COVERED AUTOS LIABILITY duties related to the conduct of your business. COVERAGE, A. Coverage, 1. Who Is An Insured 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 Insured, stock on the effective date of this coverage form_ paragraph c. is amended to add the following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and that any other automobile liability policy, or would person or organization, that is signed and executed be an "insured" under such policy but for by you before the "bodily injury" or "property termination of such policy or the exhaustion on damage" occurs and that is in effect during the such policy's limits of insurance. policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for e. Any organization which is newly acquired or damages to which this insurance applies and only to formed by you and over which you maintain the extent that persons or organization qualifies as majority ownership. However, coverage under an "insured" under the Who Is An Insured provision this provision: contained in Section il. (1)is afforded only for the first 180 days after C, Liability Coverage Extensions — Supplementary you acquire or form the organization or until Payments the end of the policy period, whichever comes first; SECTION II — COVERED AUTOS LIABILITY (2)does not apply to"bodily injury"or"property COVERAGE, A. Coverage, 2. Coverage damage"that results from an "accident"that Extensions, a. Supplementary Payments is occurred before you formed or acquired the amended by replacing subparagraphs (2) and (4) organization; with the following: (3)does not apply to any newiy acquired or (2) Up to $5,000 for cost of bail bonds (including formed organization that is a joint venture or bonds for related traffic law violations) required partnership;and because of an "accident" we cover. We do not have to furnish these bonds. (4)does not apply to an "insured" under any (4) All reasonable expenses incurred by the other automobile liability policy, or would be "insured"at our request, including actual loss of an "insured" under such a policy but for ter- earnings up to $500 a day because of time off mination of such policy or the exhaustion of from work. such policy's limits of insurance. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III—PHYSICAL DAMAGE COVERAGE,A. COVERAGE, B. Exclusions, S. Fellow Employee, Coverage, 3. Glass Breakage — Hitting A Bird Or the following is added: Animal— Falling Objects Or Missiles, is amended Co-Employee Lawsuit Defense Cost by adding the following: Reimbursement No deductible will apply to glass breakage if such If a suit seeking damages for"bodily injury" to any glass is repaired, in a manner acceptable to us, fellow"employee"of the"insured"arising out of and rather than replaced. in the course of the fellow"employee's"employment E. Hired Auto Physical Damage or while performing duties related to the conduct of SECTION III—PHYSICAL DAMAGE COVERAGE,A. your business,or a suit seeking damages brought by the spouse, child, parent, brother or sister of that Coverage is amended by adding the following: fellow "employee", is brought against you, we will S. Hired Auto Physical Damage reimburse reasonable costs that you incur in the if hired "autos" are covered "autos" for Liability defense of such matters. Any reimbursement made Coverage and if Comprehensive, Specified pursuant to this sub-section will be in addition to the Causes of Loss, or Collision coverages are pro- limits of liability set forth In the Declarations. vided under this coverage form for any "auto" you awn, then the Physical Damage Coverages SECTION III — PHYSICAL DAMAGE COVERAGE provided are extended to"autos"you hire of like AMENDMENTS kind and use,subject to the following: A.Transportation Expense—Limits Amended a. The most we will pay for any one "loss" Is SECTION III—PHYSICAL DAMAGE COVERAGE,A. $60,000 or the actual cash value or cost to Coverage, 4, Coverage Extensions, a. Trans- repair or replace,whichever is less,minus a portation Expenses is amended by replacing $20 deductible; per dayf$600 maximum limit with$50 per dayf$1000 b. The deductible will be equal to the largest maximum. deductible applicable to any owned "auto" for that coverage. Any Comprehensive B. Hired Auto Physical Damage — Loss Of Use deductible does not apply to "loss" caused Expenses—Limits Amended by fire or lightening; SECTION III—PHYSICAL DAMAGE COVERAGE,A. c. Hired Auto Physical Damage coverage is Coverage, 4. Coverage Extensions, b. Loss of Use excess over any other collectible insurance; Expenses is amended by replacing the $20 per and dayf$600 maximum limit with $60 per dayf$750 d. Subject to the above limit, deductible and maximum limit, excess provisions we will provide coverage C. Personal Effects Coverage equal to the broadest coverage applicable SECTION III—PHYSICAL DAMAGE COVERAGE,A. to any covered"auto"you own. Coverage, 4. Coverage Extensions is amended by If a limit for Hired Auto Physical Damage is adding the following: indicated in the Declarations, then that limit 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." This coverage applies only in the event of the total theft of your covered "auto."No deductible applies to this coverage WN CA 27 0616 Includes copyrighted material of Insurance Services Office,with Its permission Page 3 of 5 F, Rental Reimbursement G.Accidental Airbag Deployment Coverage SECTION III—PHYSICAL DAMAGE COVERAGE A. SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,is amended by adding the following: Coverage is amended by adding the following: 6. Rental Reimbursement 7_Accidental Alrbag Deployment Coverage This coverage applies only to a covered "auto" We will pay to reset or replace factory Installed of the private passenger or light truck type as airbag(s) in any covered "auto" for accidental follows: discharge, other than discharge due to a a.We will pay for rental reimbursement expenses collision loss. incurred by you for the rental of a private This coverage is applicable only if comprehen- passenger or light truck type"auto"because sive coverage applies to the covered"auto". of loss" to a covered private passenger or This coverage is excess over any other collecti- light truck type "auto Payment applies in ble insurance or reimbursement by manufac- addition to the otherwise applicable amount turer's warranty. of each coverage you have on a covered private passenger or light truck type H.Auto Loan/Lease Gap Coverage "auto." No deductibles apply to this SECTION III PHYSICAL DAMAGE COVERAGE, coverage. Item A., Coverage, is amended by adding the b.We will pay only for those expenses incurred following: during the policy period beginning 24 hours 8.Auto Loan/Lease Gap Coverage after the "loss" and ending, regardless of This coverage applies only to a covered "auto" the policy's expiration, with the lesser of described or designated in the Schedule or in the following number of days the Declarations as including physical damage (1) The number of days reasonably re- coverage. quired to repair or replace the covered private passenger or light truck type In the event of a covered total "loss" to a "auto". If"loss" is caused by theft,this covered "auto" described or designated in the number of days is added to the number Schedule or in the Declarations,we will pay any of days it takes to locate the covered unpaid amount due on the lease or loan for a private passenger or light truck type covered"auto"less: "auto"and return it to you;or a. The amount paid under the Physical (2) 30 days. Damage Coverage Section on the policy; c. Our payment is limited to the lesser of the and following amounts: b. Any: (1) Necessary and actual expenses (1) Overdue lease/loan payments at the incurred,or time of the"loss"; (2) $50 per day,up to a maximum of (2) Financial penalties imposed under a $1,000. lease for excessive use,abnormal wear d.This coverage does not apply while there are and tear or high mileage; spare or reserve private passenger or light (3) Security deposits not returned by the truck type"autos"available to you for your lessor; operations. (4) Costs for extended warranties, Credit e. If "loss" results from the total theft of a Life Insurance, Health, Accident or covered "auto" of the private passenger or Disability Insurance purchased with the light truck type, we will pay under this loan or lease;and coverage only that amount of your rental reimbursement expenses which is not (5) Carry-over balances from previous already provided for under SECTION 111 — loans or leases. PHYSICAL DAMAGE COVERAGE, A. Coverage,4.Coverage Extensions. For the purposes of this Rental Reimbursement coverage,light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of C. Unintentional Failure to Disclose Hazards SECTION IV BUSINESS AUTO CONDITIONS AMENDMENTS SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- A.Duties In The Event Of Accident,Claim,Suit Or Loss sentation Or Fraud, Is amended by adding the Amended following paragraph: SECTION IV—BUSINESS AUTO CONDITIONS, A. If you unintentionally fail to disclose any hazards Loss Conditions, 2. Duties In The Event Of existing at the Inception date of the policy,or during Accident, Claim, Suit Or Loss, a. is amended by the policy period in connection with any additional adding the following: hazards, we will not deny coverage under this Cov- This condition applies only when the"accident" or erage Part because of such failure. "loss"is known to: D. Employee Hired Auto (1) You,if you are an individual; SECTION IV— BUSINESS AUTO CONDITIONS, B. (2)A partner,If you are a partnership; General Conditions,5. Other Insurance, paragraph (3) An executive officer or insurance manager, if b.is deleted and replace by the following: you are a corporation;or b. For Hired Auto Physical Damage Coverage, the (4)A member or manager, if you are a limited following are deemed to be a covered "autos" liability company. you own: But, this section does not amend the provisions (1) Any covered "auto"you lease,hire,rent or relating to notification of police, protection or borrow. examination of the property which was subject to (2) Any covered "auto" hired or rented by the"loss". your "employee" under a contract in that B. Blanket Waiver of Subrogation individual "employee's" name, with your permission, while performing duties Section IV — BUSINESS AUTO CONDITIONS, A. related to the conduct of your business. Loss Conditions,6.Transfer of Rights of Recovery However,any"auto"that is leased, hired, rented following exception:Against Others Us, is amended by adding the or borrowed with a driver is not a covered"auto" However, we waive any right of recovery we may 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 0616 Includes copyrighted material of insurance Services Office,with Its permission Page 5 of 6 WNGL390715 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided 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....................................................................................................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception.......................................................3 • 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$500/Day ............................................................................................4 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee...............................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days...............................................4 • Blanket Additional Insured—Vendors—As Required By Contract............................................4 • Blanket Additional Insured—Lessor Of Leased Equipment......................................................6 • Blanket Additional Insured—Managers Or Lessors Of Premises..............................................6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations..............................................................7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises...........................8 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...................................................9 • Unintentional Failure To Disclose Hazards................................................................................9 • Waiver of Subrogation..............................................................................................................10 Insured Contract Amended...................................................................................................................10 Personal And Advertising Injury Redefined • Televised,Videotaped Or Electronic Publication.....................................................................10 WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office.Inc.,with its permission. Page 1 of 10 WNGL390715 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 con- COVERAGE A — BODILY INJURY AND PROPERTY tract"for the ownership, maintenance or use DAMAGE LIABILITY of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising A. Non Owned Aircraft Or Watercraft out of: Item 2. Exclusions, Paragraph g. is replaced by the (a) The operation of machinery or equip- following: ment that is attached to, or part of, a g. Aircraft,Auto Or Watercraft land vehicle that would qualify under the "Bodily injury" or "property damage" arising out definition of"mobile equipment" if it were of the ownership, maintenance, use or entrust- not subject to a compulsory or financial ment to others of any aircraft, "auto" or water- responsibility law or other motor vehicle craft owned or operated by or rented or loaned insurance law where it is licensed or to any insured. Use includes operation and principally garaged;or "loading or unloading". (b) The operation of any of the machinery This exclusion applies even if the claims against or equipment listed in Paragraph f. (2) any insured allege negligence or other wrong- or f. (3) of the definition of "mobile doing in the supervision, hiring, employment, equipment". training or monitoring of others by that insured, if B. Damage To Property Coverage Extensions the"occurrence"which caused the"bodily injury" Item 2. Exclusions, Paragraph j. is replaced by the or "property damage" involved in the ownership, following: maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or j. Damage To Property operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property you own, rent, or occupy, including (1) A watercraft while ashore on premises you any costs or expenses incurred by you, or own or rent; any other person, organization or entity, for (2) A watercraft you do not own that is: repair, replacement, enhancement, restora- tion or maintenance of such property for any (a) Less than 50 feet long; and reason, including prevention of injury to a (b) Not being used to carry persons or prop- person or damage to another's property; erty for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any per- the"property damage" arises out of any part son, who with your expressed or implied of those premises; consent, either uses or is responsible for the (3) Property loaned to you; use of the watercraft; 3 Parkin an"auto" on, or on the was next to, (4) Personal property in the care, custody or ( ) g Y control of the insured; premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 2 of 10 (5) That particular part of real property on which Paragraph (6) of this exclusion does not apply to you or any contractors or subcontractors "property damage" included in the "products-com- working directly or indirectly on your behalf pleted operations hazard". are performing operations, if the "property The insurance provided for "property damage" from damage"arises out of those operations; or the use of elevators and for "property damage" to (6) That particular part of any property that must borrowed equipment is excess over any other valid be restored, repaired or replaced because and collectible property insurance (including any de- "your work"was incorrectly performed on it, ductible portion thereof) available to the insured Paragraphs (1), (3) and (4) of this exclusion do not whether primary, excess, contingent or on any other apply to "property damage" (other than damage by basis. fire, lightning, explosion or sprinkler leakage) to C. Damage To Premises Rented To You 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 Premises Rented To You as Exclusions c. through n. do not apply to damage 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 occupied paragraph do not apply if coverage for Damage To by you with permission of the owner. A separate Premises Rented To You is excluded by en- limit of insurance applies to this coverage as de- dorsement. scribed in Paragraph 6.of SECTION III—LIMITS OF Paragraph (2) of this exclusion does not apply if the INSURANCE. 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 apply to the use of elevators. D. Personal And Advertising Injury Paragraphs (3), (4), (5) and (6) of this exclusion do Item 2. Exclusions is amended by replacing Sub- paragraphs b.and c.with the following: not apply to liability assumed under a sidetrack agreement. b. Material Published With Knowledge Of Paragraph (4) of this exclusion does not apply to Falsity "property damage" to borrowed equipment while not "Personal and advertising injury" arising out of being used to perform operations at the jobsite. oral, written, televised, videotaped or electronic Subject to Paragraph 2. of SECTION III — LIMITS publication, in any manner, of material, if done OF INSURANCE, the rules below fix the most we by or at the direction of the insured with will pay for"property damage"under this provision: knowledge of its falsity. (1) $25,000 any one "occurrence", regardless of the c. Material Published Prior To Policy Period number of persons or organizations who sustain "Personal and advertising injury" arising out of damages because of that`occurrence"; oral, written, televised, videotaped or electronic publication, in any manner, of material whose (2) $50,000 annual aggregate; and first publication took place before the beginning (3) We will pay only for damages in excess of of the policy period. $2,500 as a result of any one 'occurrence", re- gardless of the number of persons or organiza- tions who sustain damages because of that "oc- currence". We may, or if required by law, pay all or any part of any deductible amount, if applica- ble, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — Vendors — As Re- E. Supplementary Payments—Coverages A and B quired By Contract Item 1. is amended by replacing Subparagraphs b. 1. Section II —Who Is An Insured is amended to and d.with the following: include as an additional insured any person(s)or b. Up to $5,000 for cost of bail bonds required be- organization(s) (referred to throughout this cause of accidents or traffic law violations aris- endorsement as vendor) with whom you have ing out of the use of any vehicle to which the agreed in a written contract, executed prior to Bodily Injury Liability Coverage applies. We do loss, to name as an additional insured, but only not have to furnish these bonds. with respect to "bodily injury or 'property damage"arising out of"your products which are d. All reasonable expenses incurred by the insured distributed or sold in the regular course of the at our request to assist us in the investigation or vendor's business. defense of the claim or "suit", including actual However, loss of earnings up to $500 a day because of time off from work. a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is SECTION 11—WHO IS AN INSURED AMENDMENTS required by a contract or agreement, the A. Employee Bodily Injury To A Co-Employee insurance afforded to such vendor will notbe broader than that which you are required Paragraph 2.a.(1) is replaced by the following: by the contract or agreement to provide for (1) "Bodily injury" or "personal and advertising such vendor. injury": 2. With respect to the insurance afforded to these (a) To you, to your partners or members (if you vendors, the following additional exclusions are a partnership or joint venture), to your apply: members (if you are a limited liability com- a. The insurance afforded the vendor does not pany), or to your other "volunteer workers" apply to: while performing duties related to the con- (1) "Bodily injury" or "property damage" for duct of your business; which the vendor is obligated to pay (b) For which there is any obligation to share damages by reason of the assumption damages with or repay someone else who of liability in a contract or agreement. must pay damages because of the injury This exclusion does not apply to liability described in Paragraph (1)(a)above;or for damages that the vendor would have (c) Arising out of his or her providing or failing to in the absence of the contract or provide professional health care services. agreement; B. Newly Acquired Organizations (2) Any express warranty unauthorized by Paragraph 3.a. is replaced by the following: you; a. Coverage under this provision is afforded only (3) Any physical or chemical change in the product made intentionally by the until the 180 day after you acquire or form the vendor; organization or the end of the policy period, whichever is earlier; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 4 of 10 (5) Any failure 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 — vendor 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 by distribution sale of the products; a contract or agreement, the most we will pay on behalf of the vendor is: (6) Demonstration, installation, servicing or 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 b. The Limits of Insurance shown in the the product; Declarations; (7) Products which, after distribution or sale whichever is less. by you, have been labeled or relabeled or used as a container, part or This endorsement shall not increase the ingredient of any other thing or applicable Limits of Insurance shown in the substance by or for 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 omissions or exclusion applies: those of its employees or anyone else This insurance does not apply to: acting on its behalf. However, this exclusion does not apply to: a. "Bodily injury", "property damage" or (i) The exceptions contained in "personal and advertising injury" arising out Subparagraphs(4)or(6); or of the rendering of, or the failure to render, any professional architectural, engineering (ii) Such inspections, adjustments,tests or surveying services, including: or servicing as the vendor has 1 The re a or failingto agreed to make or normally ( ) preparing,g' approving, undertakes to make in the usual prepare or approve, maps, shop course of business, in connection drawings, opinions, reports, surveys, with the distribution or sale of the field orders, change orders or drawings products. and specifications; or 3. This Provision C.does not apply: (2) Supervisory, inspection, architectural or pp y: engineering activities. 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 allege any ingredient, part or container, entering negligence or other wrongdoing in the into, accompanying or containing such products; supervision, hiring, employment, training or monitoring of others by that insured, if b. To any vendor for which coverage as an the "occurrence" which caused the additional insured specifically is scheduled "bodily injury" or "property damage", or by endorsement; or the offense which caused the "personal c. When liability included within the "products- and advertising injury", involved the completed operations hazard" has been ex- rendering of or failure to render any cluded for such product either by the provi- professional services by you with sions of the coverage part or by endorse- respect to your providing engineering, ment. architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. 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 1. Section If —Who Is An Insured is amended to exclusion applies: include as an additional insured any person(s)or This insurance does not apply to: organization(s)from whom you lease equipment a. "Bodily injury", "property damage" or when you and such person(s) or organization(s) "personal and advertising injury" arising out have agreed in writing in a contract or of the rendering of, or the failure to render, agreement, executed prior to loss, that such any professional architectural, engineering person(s) or organization(s) be added as an or surveying services, including: additional insured on your policy. Such (1) The preparing, approving, or failing to person(s) or organization(s) is an insured only prepare or approve, maps, shop with respect to liability for "bodily injury", drawings, opinions, reports, surveys, "property damage" or "personal and advertising injury" caused, in whole or in part, by your field orders, change orders or drawings maintenance, operation or use of equipment and specifications;or leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or monitoring of others by that insured, if the b. Will not be broader than that which you are "occurrence" which caused the "bodily required by the contract or agreement to injury" or "property damage", or the offense provide for such additional insured. which caused the "personal and advertising A person's or organization's status as an addi- injury", involved the rendering of or failure to tional insured under this endorsement ends render any professional services by you with when their contract or agreement with you for respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not ap- surveyor. ply to any "occurrence" which takes place after E. Blanket Additional Insured — Managers Or Les- the equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section 11 —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: organization(s)with whom you have agreed in a If coverage provided to the additional insured is written contract, executed prior to loss, to name required by a contract or agreement, the most as an additional insured, but only with respect to we will pay on behalf of the additional insured is: liability arising out of the ownership, a. The minimum amount required by the maintenance or use of that part of the premises contract or agreement; or leased to you, subject to the following additional b. The Limits of Insurance shown in the exclusions: Declarations; This insurance does not apply to: whichever is less. a. Any "occurrence" which takes place after This endorsement shall not increase the you cease to be a tenant in that premises. applicable Limits of Insurance shown in the b. Structural alterations, new construction or Declarations. demolition operations performed by or on behalf of such additional insured. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or Politi- insured only applies to the extent permitted cal Subdivision—Permits Or Authorizations by law; and Section It —Who Is An Insured is amended to in- b. If coverage provided to the additional clude as an additional insured any state or insured is required by a contract or governmental agency or subdivision or political agreement, the insurance afforded to such subdivision with whom you have agreed in a written additional insured will not be broader than contract, executed prior to loss, to name as an that which you are required by the contract additional insured, subject to the following or agreement to provide for such additional provisions: insured. 1. This insurance applies only with respect to op- t. With respect to the insurance afforded to these erations performed by you or on your behalf for additional insureds, the following is added to which the state or governmental agency or sub- Section III—Limits Of Insurance: division or political subdivision has issued a If coverage provided to the additional insured is permit or authorization. required by a contract or agreement, the most However: we will pay on behalf of the additional insured 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 following additional a. "Bodily injury", "property damage" or "per- exclusion applies: sonal and advertising injury" arising out of This insurance does not apply to: operations performed for the federal govern- a. "Bodily injury", "property damage" or ment, state or municipality; or "personal and advertising injury" arising out b. `Bodily injury" or "property damage" in- of the rendering of, or the failure to render, cluded within the "products-completed op- any professional architectural, engineering erations hazard". or surveying services, including: 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, shop Section III—Limits Of Insurance: drawings, opinions, reports, surveys, If coverage provided to the additional insured is field orders, change orders or drawings required by a contract or agreement, the most and specifications;or we will pay on behalf of the additional insured is: (2) Supervisory, inspection, architectural or engineering activities. a. The minimum amount required by the contractor agreement; or This exclusion applies even if the claims b. The Limits of Insurance shown in the against an additional insured allege negligence or other wrongdoing in the Declarations; supervision, hiring, employment, training or whichever is less. monitoring of others by that insured, if the This endorsement shall not increase the "occurrence' which caused the "bodily applicable Limits of Insurance shown in the injury" or "property damage', or the offense Declarations. which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by 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 Includes copyrighted material of the Insurance Service Office,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: b. If coverage provided to the additional (1) The preparing, approving, or failing to 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 specifications; 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 additional insured is: "occurrence" which caused the "bodily injury" or "property damage", or the offense a. The minimum amount required by the which caused the "personal and advertising contract or agreement; or injury", involved the rendering of or failure to b. The Limits of Insurance shown in the render any professional services by you with Declarations; respect to your providing engineering, architectural or surveying services in your whichever is less. capacity as an engineer, architect or This endorsement shall not increase the surveyor. applicable Limits of Insurance shown in the Declarations. G. Blanket Additional Insured — State Or 3. With respect to the insurance afforded to these Governmental Agency Or Subdivision Or Politi- additional insureds, the following additional cal Subdivision — Permits Or Authorizations Re- exclusion applies: lating To Premises This insurance does not apply to: Section II —Who Is An Insured is amended to in- a. 'Bodily injury", "property damage' or clude as an additional insured any state or "personal and advertising injury" arising out governmental agency or subdivision or political of the rendering of, or the failure to render, subdivision with whom you have agreed in a written any professional architectural, engineering contract, executed prior to loss, to name as an or surveying services, including: additional insured, subject to the following provision: (1) The preparing, approving, or failing to 1. This insurance applies only with respect to the prepare or approve, maps, shop following hazards for which the state or drawings, opinions, reports, surveys, governmental agency or subdivision or political field orders, change orders or drawings subdivision has issued a permit or authorization and specifications; or in connection with premises you own, rent or (2) Supervisory, inspection, architectural or control and to which this insurance applies: engineering activities. a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the "occurrence" which caused the "bodily Item 2. Duties In The Event Of Occurrence, Of- injury" or "property damage", or the offense fense, Claim or Suit is amended by adding the fol- which caused the "personal and advertising lowing: injury", involved the rendering of or failure to e. You must give us or our authorized representa- render any professional services by you with tive prompt notice of an "occurrence", claim or respect to your providing engineering, loss only when the "occurrence", claim or loss is architectural or surveying services in your known to: capacity as an engineer, architect or surveyor. (1) You, if you are an individual; (2) A partner, if you are a partnership; SECTION III — LIMITS OF INSURANCE AMEND- (3) An executive officer or insurance manager, if MENTS you are a corporation; or A. Damage To 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 5. above, the most we will B. Other Insurance pay under Coverage A for damages because of Item 4. Other Insurance, b. Excess Insurance (1) "property damage" to any one premises, while (a)(ii) is replaced by the following: rented to you, or in the case of damage by fire, (ii) That is fire, lightning, explosion or sprinkler leak- lightning, explosion or sprinkler leakage, while age insurance for premises rented to you or rented to you or temporarily occupied by you temporarily occupied by you with permission of with permission of the owner is the greater of: the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the Decla- following: rations. 6. Representations And Unintentional Failure However, the provisions of this paragraph do not To 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 the Declarations are B. Medical Expense Limit accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon 7. Subject to Paragraph 5. above, the most we will representations 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 fail to disclose any haz- a. S10,000; or ards existing at the inception date of your policy, we will not deny coverage under this b. The amount shown next to the Medical Ex- Coverage Part because of such failure. pense Limit in the Declarations. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exer- Medical Expenses is excluded either by the pro- cise our right of cancellation or non-renewal. visions of the coverage part or by endorsement. WIN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item B. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of Paragraph 9.a.is replaced by the following: the following: We waive any right of recovery we may have be- a. A contract for a lease of premises. However, cause of payments we make for injury or damage that portion of the contract for a lease of prem- arising out of your ongoing operations or"your work" ises that indemnifies any person or organization done under a written contract, executed prior to loss, for damage by fire, lightning, explosion or sprin- requiring such waiver with that person or organiza- kler leakage to premises while rented to you or tion and included in the "products-completed opera- temporarily occupied by you with permission of tions hazard". However, our rights may only be the owner is not an"insured contract"; waived prior to the "occurrence" giving rise to the B. Personal And Advertising Injury Redefined injury or damage for which we make payment under Paragraph 14. d. and e. are replaced by the follow- this Coverage Part. The insured must do nothing ing: after a loss to impair our rights. At our request, the insured will bring "suit"or transfer those rights to us d. Oral, written, televised, videotaped or electronic and help us enforce those rights. publication of material that slanders or libels a person or organization or disparages a person's 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; WN GL 39 07 15 Includes copyrighted material of the Insurance service Office, Inc.,with its permission. Page 10 of 10 COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sion applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. "Bodily injury", "property damage"or"personal that such person or organization be added as an and advertising injury" arising out of the ren- additional insured on your policy. Such person or dering of, or the failure to render, any profes- organization is an additional insured only with re- sional architectural, engineering or surveying spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, a. The preparing, approving, or failing to pre- in whole or in part, by: pare or approve, maps, shop drawings, 1. Your acts or omissions; or opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negli- operations for that additional insured are complet- gence or other wrongdoing in the supervision, ed. hiring, employment, training or monitoring of However: others by that insured, if the "occurrence" 1. The insurance afforded to such additional in- which caused the "bodily injury" or "property sured only applies to the extent permitted by damage', or the offense which caused the law; and "personal and advertising injury", involved the rendering of or failure to render any profes- 2. If coverage provided to the additional insured sional services by you with respect to your is required by a contract or agreement, the in- providing engineering, architectural or survey- surance afforded to such additional insured ing services in your capacity as an engineer, will not be broader than that which you are re- architect or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 2. 'Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, parts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than ser- This insurance is primary to and will not seek vice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered operations has been completed;or policy provided that: (1) The additional insured is a Named Insured b. That portion of "your work" out of which under such other insurance;and the injury or damage arises has been put to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing op- primary and would not seek contribution erations for a principal as a part of the from any other insurance available to the same project. additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.