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PW16-254 - Amendment - #1 - McDonough & Sons, Inc. - Street Sweeping Services - 06/04/2019
'N-r Records Management Document CONTRACT COVER SHEET This is to be complete,,11 by the Contract,, Manager prior, to subrnissi.:ri to the City Clerks Office. All Portions to be co-rnpleted. If you have questions, pier contact, the City Clerk's Of at 253-856--57'/5. Vendor Name: McDonough and Sons, Inc. 40731 Vendor Number (]DE): Contract Number (City Clerk): /0 Category: -Contract Agreement Sub-Category (if applicable): Amendment Project Name: Street Sweeping Service Contract Execution Date: Mayor's signaturE Termination Date: 6/30/20 Contract Manager: Bill Thomas Department: PW: Operations Contract Amount: $14,500 a month Budgeted: Fv-/] Grant? El 11 Part of NEW Budget: Local: State: Federal:F1 Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 11 Director 0 Mayor City Council Other Details: Provide street sweeping services for arj additional year. ('01 • KENT Agenda Item: Consent Calendar - 7E W ti S I-N G-G N TO: City Council DATE: June 7, 2016 SUBJECT: 2016 Street Sweeping Services Contract with McDonough and Sons, Inc. - Authorize MOTION: Authorize the Mayor to sign a Street Sweeping Services contract with McDonough and Sons, Inc., in an amount not to exceed $14,500 per month plus premium services and extra call-out charges for street sweeping services to the city, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The current street sweeping contract expired on May 31, 2016. The City has issued a 30 day extension to McDonough and Sons, Inc. to continue street sweeping services through the month of June to allow enough time to execute the 2016 Street Sweeping Contract. Under the current contract, residential roads arE! swept twice per month during the months October through December and once per month January through September. During the fall, leaves may cause localized flooding and it is also the time when most materials may be washed into the storm system and catch basins. Sweeping these materials is more cost effective than increasing catch basin cleanings. The proposed contract includes premium sweeping charges ($0.010 per lineal foot) for the downtown core area as well as other areas that have tree lined streets. Extra call- out charges ($55 per hour-estimated 100 hours per year) are included to address spills and other in-house construction. Staff recommends a three year contract with two, one (1) year extensions at the discretion of the Public Works Director. EXHIBITS: Street Sweeping Services Contract RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: The current contract is $14,871.30 per month. The proposed contract is $14,500 per month per year plus premium service and extra call-out charges. Extra-sweeping call out is estimated to be about 100 hours per year. The street sweeping contract is funded by the storm water utility. Overall the new contract will cost less. FIRST AMENDMENT TO STREET SWEEPING SERVICE CONTRACT 2016 BETWEEN THE CITY OF KENT AND MCDONOUGH AND SONS, INC. THIS FIRST AMENDMENT is entered into on the date fully executed below by and between the CITY OF KENT, a Washington municipal corporation ("CITY") and MCDONOUGH AND SONS, INC., a Washington corporation ("CONTRACTOR"). RECITALS A. The CONTRACTOR and CITY entered into the Street Sweeping Service Contract 2016 ("Contract"), commencing on July 1, 2016 and expiring on June 30, 2019. B. Section 3.1 of the Contract provides for up to two one-year service contract extensions. The City and Contractor desire to extend the term of the contract for the first extension term of one year, commencing on July 1, 2019 and expiring on June 30, 2020, NOW THEREFORE, the City and Contractor agree as follows: 1. The Contract is extended for one year, commencing on July 1, 2019 and expiring on June 30, 2020. 2. Except as specifically modified by this First Amendment, all other terms, conditions or provisions set forth in the Contract shall remain in full force and effect. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CITY: CONTRACTOR: CITY OF KENT MCDONOUGH AND SONS, INC. Name: Dana Ral h Name: a vv Title: Mayor Title: l� Date: C3 I 4 Date: APPROVED AS TO FORM: Nk—r k, Kent City Attorney's Office ANTE T: (/Wl. City berk p DATE(MM/DD/YYYY) ACC)R" CERTIFICATE OF LIABILITY INSURANCE ll..�- 6/3/2019 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 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 NAME: Linda Minami, CPCU, ARM Bell Anderson Agency, Inc. AD N AIC,No x (425)291-5200 FAX wzalzsl-sioo 600 SW 39th St, Suite 200 F.-MAIL lindam@bell-anderson.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Renton WA 98057 INSURERA:Crum & Forster Indemnity Com2any 31348 INSURED INSURERB:United States Fire Insurance Company 21113 McDonough & Sons, Inc INSURER C: 27218 SE Kent-Kangley Road INSURER D: INSURER E: Ravensdale WA 98051 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1892631446 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYV MM/DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11 000,000 A CLAIMS-MADE FX OCCUR DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ X Y 5068949967 9/27/2018 9/27/2019 MUD EXP(Any one person) S 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 7 JECT 7 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUEOMOBILE LIABILITY COEaMBINED accident SINGLE LIMIT $ 1,000,000 _ JX ANYAUTO BODILY INJURY(Per person) $ AALL OWNED SCHEDULED AUTOS AUTOS X Y 5068949967 9/27/2018 9/27/2019 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGEHIREDAUTOS X AUTOS Per ."dim) cident $ X UMBREL.L.ALJAB X OCCUR EACH OCCURRENCE $ 4,000,000 B E:XCESS L.IAI3 CLAIMS-MADE AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,000 X Y 5238091341 9/27/2018 9/27/2019 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F7 NIA - A (Mandatory in NH) 5068949967 9/27/2018 9/27/2019 F.LDISEASE-EA EMPLOYEE $ 11000,000 If yes,describe under ----- DESCRIPTION OF OPERATIONS below WA Stop Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPI ION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Street Sweeping Contract The City, its officers, officials, employees agents and volunteers are additional insured per the attached endorsement #FM10102615 0411 & #FM11401378 1013. Waiver of subrogation per the attached endorsement #FM10102615 0411 & #FM11401378 1013. Primary & non-contributory coverage per the attached endorsement #FM10102615 0411. CERTIFICATE HOLDER CANCELLATION NYoshitake@KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent, WA 98032 AUTHORIZED REPRESENTATIVE I , George Kupets/LKM ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) Policy Number 5068949967 SCHEDULE OF FORMS AND ENDORSEMENTS CRUM & FORSTER INDEMNITY COMPANY NamedlnSUred MCDONOUGH & SONS, TNC . Effective Date: 0 9-2 7-2 0 18 12:01 A.M., Standard Time Agent Name BELL-ANDERSON AGENCY, INC . Agent No. 06034 COMMON POLICY FORMS AND ENDORSEMENTS IL P 001 01-04 US TREASURY DEPT ' S OFAC ADVISORY NOTICE IL 09 85 01-15 DISCLOSURE PURSUANT/TERROR RISK INS ACT FM 600 . 0 . 959 01-14 COMPAC III - DEC FM 206 . 0 . 2 04-94 SCHEDULE OF FORMS AND ENDORSEMENTS FM 206 . 0 . 3 04-94 SCHEDULE OF LOCATIONS MI 07 003 01-15 SIGNATURE PAGE - CFIC IL 01 23 11-13 WASHINGTON CHANGES - DEFENSE COSTS IL 01 46 08-10 WASHINGTON COMMON POLICY CONDITIONS IL 01 57 07-02 WASHINGTON CHANGES-ACTUAL CASH VALUE IL 01 98 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION IL 09 35 07-02 EXCL OF CERTAIN COMPUTER- RELATED LOSSES IL 09 52 01-15 CAP/LOSSES FROM CERTIFIED ACTS OF TERROR PROPERTY FORMS AND ENDORSEMENTS FM 600 . 0 . 960 04-94 COMM PROPERTY COV PART DEC FM 600 . 0 . 1278 01-11 GOLD CHOICE PROPERTY COV ENHANCEMENT END CP 00 10 10-12 BUILDING & PERSONAL PROPERTY COVERAGE CP 00 30 10-12 BUSINESS INCOME COVERAGE (&/EX EXP) CP 00 90 07-88 COMMERCIAL PROPERTY CONDITIONS MF 04 017 03-18 GOLD EQUIPMENT BREAKDOWN COV ENH END-WA MF 06 003 04-16 GOLD EQUIPMENT BRKDWN COV ENH END SCH CP 01 60 12-98 WASHINGTON CHANGES - DOMESTIC ABUSE CP 01 26 10-12 WASHINGTON CHANGES CP 01 44 10-12 WA CHANGES - CONDO ASSOCIATION COVERAGE CP 01 40 07-06 EXCL OF LOSS DUE TO VIRUS OR BACTERIA CP 01 79 10-12 WA CHANGES-EXCLUDED CAUSES OF LOSS CP 10 30 09-17 CAUSES OF LOSS - SPECIAL FORM CP 15 10 10-12 PAYROLL LIMITATION OR EXCLUSION GENERAL LIABILITY FORMS AND ENDORSEMENTS FM 101 . 0 .2615 04-11 CONTRACTORS GL ENHANCEMENT ENDORSEMENT FM 101 . 0 . 2620 04-11 PROJECTS COVERED UNDER CONSOLIDATED INS FM 101 . 0 . 1404 07-01 COMM GL COV PART SUPP DECLARATION FM 101. 0 . 1405 04-94 COMM GL COV PART SUPP DECLARATION CG 04 42 11-03 STOP GAP - EMPLOYERS LIABILITY COV - WA CG 04 50 05-08 WASHINGTON CHANGES- WHO IS AN INSURED CG 26 77 12-04 WA - FUNGI OR BACTERIA EXCLUSION CG 01 81 05-08 WASHINGTON CHANGES MG 21 025 09-17 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG 00 01 04-13 COMMERCIAL GENERAL LIABILITY COV FORM CG 03 00 01-96 DEDUCTIBLE LIABILITY INSURANCE CG 21 55 09-99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE CG 21 76 01-15 EXCL OF PUNITIVE DAM REL TO CERTIF ACT CG 21 84 01-15 EXCL NUC/BIO/CHEM CERT ACTS-TERR;CAP LS, CG 21 86 12-04 EXCL-EXTERIOR INSULATION & FINISH SYSTE14 CG 22 79 04-13 EXCL-CONTRACTORS-PROF LIAB FM 101 . 0 . 1252 10-05 ABSOLUTE ASBESTOS EXCLUSION FM 101 . 0 . 1839 04-00 SUBSIDENCE/EARTH MOVEMENT/PRESSURE EXCL FM 101 . 0 . 2066 09-02 CROSS LIABILITY EXCLUSION FM 101 . 0 . 2167 05-04 ABSOLUTE SILICA EXCLUSION FM 101 . 0 , 2618 04-11 CONTRACTORS SCHEDULED & BLANKET ADD INS FM 600 . 0 . 955 03-08 LEAD EXCLUSION MG 04 140 09-17 EMPL-RELATED PRACTICES LIABILITY COVG-WA CG 21 06 05-14 EXCL-ACC/DISCL OF CONFI OR PERSONAL INFO FM 206.0.2 04 94 Policy Number 5068949967 C.Rti rkr FOR=_-rR SCHEDULE OF FORMS AND ENDORSEMENTS CRUM & FORSTER INDEMNITY COMPANY Named Insured MCDONOUGH & SONS, TNC . Effective Date: 09-27-2018 12:01 A.M., Standard Time Agent Name BELL-ANDERSON AGENCY, TNC . Agent No. 06034 INLAND MARINE FORMS AND ENDORSEMENTS FM 300 . 0 . 907 04-94 INLAND MARINE SUPP COV PART DEC FM 300 . 0 . 816 12-95 CONTRACTORS EQUIP COV FORM DEC CM 00 01 09-04 COMMERCIAL IM CONDITIONS CM 01 07 03-09 WASHINGTON CHANGES FM 300 . 0 , 811 12-95 MISC COV FORM DEC AUTOMOBILE FORMS AND ENDORSEMENTS FM 114 . 0 . 1375 11-10 2010 CA MULTISTATE FORMS REVISION CA 03 02 10-13 DEDUCTIBLE LIABILITY COVERAGE CA 23 92 10-13 WASHINGTON EXCLUSION OF TERRORISM FM 114 . 0 . 1116 10-13 BUSINESS AUTO POLICY-DEC FM 114 . 0 . 1116 (A) 10-13 SCHEDULE OF HIRED/BORROWED COVERED AUTOS FM 114 . 0 . 1116 B 10-13 SCHEDULE OF COVERED AUTOS YOU OWN FM 204 . 0 . 1 04-94 SCHEDULE OF LOSS PAYEES (AUTO) CA 00 01 10-13 BUSINESS AUTO COVERAGE FORM FM 114 . 0 . 1378 10-13 COMM AUTO BROAD FORM ENDT CA 01 35 10-13 WASHINGTON CHANGES CA 21 34 10-13 WA UNDERINSURED MOTORISTS COVERAGE CA 99 03 10-13 AUTO MEDICAL PAYMENTS COVERAGE CA 99 28 10-13 STATED AMOUNT INSURANCE CA 99 48 10-13 POLLUTION LIAB BROAD COV FOR COV AUTO CA 99 89 05-01 WASHINGTON LOSS PAYABLE FORM REG-335 FM 114 . 0 . 1351 06-09 UNSCHEDULED TRAILERS OR SEMI-TRAILERS f M ?06.0.? 04 4k1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE 1. Broadened Insured Status 14. Audio, Visual, And Data Electronic Equipment 2. Blanket Additional Insured When Required Under Written Contract 15. Loan/Lease Payoff Coverage 3. Employee Hired Autos Liability Coverage 16. Airbag Coverage 4. Employees As Insureds 17. Multiple Deductible Protection — Covered "Auto" And Trailer 5. Coverage Extensions— Supplementary Payments 18. Duties In The Event Of An Accident, Claim, Suit, Or Loss 6. Limited Fellow Employee Coverage 19. Non-Owned Auto Waiver Of Subrogation 7. Limited Hired Auto - Physical Damage Coverage — Private Passenger (Includes 20. Blanket Waiver Of Subrogation When Employee Hired Autos Physical Damage Required Under Written Contract Coverage) 21. Coverage Territory —Short Term Hired 8. Custom Signs And Decoration Commercial "Autos" 9. Extended Towing Coverage 22. Limited Mexico Coverage 10. Glass Breakage 23. Unintentional Failure To Disclose Hazards 11. Reimbursement For Increased Temporary Transportation Expense For 24. Mental Anguish Resulting From "Bodily Private Passenger And Commercial Injury" Vehicles 25. Waiver Of Sovereign Immunity 12. Extra Expense —Stolen Vehicles 26. Application Of This Endorsement 13. Personal Effects Coverage FM 114.0.1378 10 13 Page 1 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 1. Broadened Insured Status SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who Is An Insured is amended to include as an insured: A. Any subsidiary which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form, while using with your permission a covered "auto." However, the insurance afforded by this provision I.A. does not apply to any subsidiary that is an insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. B. Any organization you newly acquire or form, and over which you maintain majority interest, while using with your permission a covered "auto". The insurance afforded by this provision 1.B.: 1. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. 2. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization. 3. Does not include any newly acquired or formed organization that is: a. A joint venture or partnership; or b. An insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. 2. Blanket Additional Insured When Required Under Written Contract Paragraph A.1.Who Is An Insured under SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Any person, organization or governmental entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entity to this policy as an additional "insured" in order to comply with the terms of a written contract or written agreement. This Additional Insured status is not conferred when such written contract or written agreement: (1) Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or (2) Is executed after the date of"accident" or"loss''; Paragraph d.(2) above does not apply if.- (a) the terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or"loss"; and (b) you can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". Paragraph a. of Condition 5. Other Insurance of Part B. General Conditions under Section IV — Business Auto Conditions is amended by the addition of the following: Regardless of whether other insurance is maintained by an additional insured on a primary basis, the coverage provided by Provision 2. of the Commercial Auto Broad Form Endorsement will be primary to and noncontributing with other insurance maintained by the additional insured if the written contract or written agreement between FM 114.0.1378 10 13 Page 2 of 10 Includes copyrighted material of Insurance Service Office; Inc. with its permission. 1 ' I you and the additional insured specifically requires that this insurance be primary. 3. Employee Hired Autos Liability Coverage 1 The following is added to the Who Is An Insured Provision of SECTION II — COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a written contract or written agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. j 4. Employees As Insureds The following is added to the Section II —COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: Any "employee" of yours while using with your permission a covered "auto" you don't own, hire or borrow if such "auto" is being used in your business or your personal affairs. 1 5. Coverage Extensions - Supplementary Payments Paragraphs a.(2) and a.(4) under SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph 2.a. Supplementary Payments are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased to $5,000; and 2. In a.(4), the limit for the actual loss of earnings is increased to $1,000 per day. 6. Limited Fellow Employee Coverage The following is added to Subparagraph 5. Fellow Employee under Paragraph B. Exclusions in SECTION II —COVERED AUTOS LIABILITY COVERAGE: i But this exclusion does not apply if: i a. the "bodily injury" results from the use of a covered "auto" you own or hire, and b. you have Workers Compensation insurance in force covering all of your "employees." Such coverage as is afforded by this provision is excess over any other collectible insurance. ' 7. Limited Hired Auto - Physical Damage Coverage - Private Passenger (Includes Employee Hired Autos Physical Damage Coverage) The following is added to Subparagraph 1. under Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE: d. Limited Hired Auto — Physical Damage — Private Passenger If hired "autos" are covered "autos" for Covered Autos Liability Coverage, and if Physical Damage Coverage of Comprehensive or Collision is provided under this Coverage Form for any "auto" you own, then Comprehensive and Collision Physical Damage Coverages as provided under SECTION III — PHYSICAL DAMAGE COVERAGE of this Coverage Part are extended to "autos" of the private passenger type you or your employee hires under a written contract or written agreement without a driver, at your direction, for the purpose of conducting your business, subject to the following: (1) The most we will pay for "loss"to any hired "auto" is $35,000 or the actual cash value or cost to repair or replace, whichever is the least, minus a deductible. FM 114.0.1378 10 13 Page 3 of 10 Includes copyrighted material of Insurance Service Office; Inc. with its permission. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" of the private passenger type for that coverage, or $1,000, whichever is less. (3) Limited Hired Auto — Physical Damage — Private Passenger coverage is excess over any other collectible insurance. (4) Subject to the above limit, deductible, and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger type insured under this policy. Coverage includes loss of use of that hired auto, provided it results from an "accident' for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident' is $20 per day subject to a maximum of$1,000. If a limit for Hired Auto — Physical Damage is shown in the Schedule, then that limit replaces, and is not added to, the $35,000 limit indicated above. This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 8- Custom Signs And Decoration The following is added to Paragraph A. Coverage 1. under SECTION III — PHYSICAL DAMAGE COVERAGE: In the event of a total loss to an "auto" insured for auto physical damage coverage on this policy, in addition to the actual cash value of the "auto", we will pay the actual cost to repair or replace signage or custom paint details up to $5,000. 9. Extended Towing Coverage If the named insured carries Comprehensive and Collision Coverage for the damaged covered commercial "auto", then this coverage extension 9. applies to that covered "auto." If the damaged covered "auto" is of the private passenger type, then in addition to Comprehensive and Collision Coverage, the damaged covered "auto" must also carry Towing Coverage in order for this coverage extension 9. to apply. The following is added to Paragraph A.2. Towing under SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the "auto" is not a private passenger type, a $250 deductible will apply to this coverage but it will not reduce the available limit of insurance. For all types of"autos", the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles. 10. Glass Breakage If you carry Comprehensive Coverage for the damaged covered "auto", then this coverage extension applies to that covered "auto": The following is added to Paragraph A.3. Glass Breakage - Hitting A Bird Or Animal — Falling Objects Or Missiles under SECTION III — PHYSICAL DAMAGE COVERAGE: Any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other damage associated with the "loss", the deductible will be $100 unless FM 114.0.1378 10 13 Page 4 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. a lower deductible is shown on the declarations page for this coverage. 11. Reimbursement For Increased Temporary Transportation Expense For Private Passenger And Commercial Vehicles A. If The Covered "Auto" Has Comprehensive Or Specified Causes Of Loss Physical Damage Coverage: Paragraph a. Transportation Expenses under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is replaced by the following: If your covered "auto" is damaged or stolen and the damage or theft is covered by Comprehensive or Specified Causes of Loss coverage provided by this policy, we will pay up to $50 per day subject to a maximum limit of$1,500 for the necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the theft or damage and ending, regardless of the policy's expiration, a. when the covered "auto" is returned to use or we pay for its "loss" in the event of 21 total theft of the covered "auto", or b. when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier in the event of a "loss" due to a cause other than the total theft of the covered "auto." Except with respect to losses pertaining to the total theft of covered "autos" of the private passenger type, this coverage does not apply while there are spare or reserve "autos" available to you. No deductible applies to this coverage. B. If The Covered "Auto" Has Collision Physical Damage Coverage: If your covered "auto" is damaged and the damage is covered by Collision coverage provided by this policy, we will pay up to $50 per day subject to a maximum limit of $1,500 for necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier. This coverage does not apply while there are spare or reserve "autos" available to you. No deductible applies to this coverage. 12. Extra Expense -Stolen Vehicles The following is added under Paragraph A.4.a. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay for all reasonable and necessary expenses to return a stolen covered "auto" to the named insured if such covered "auto" carries Comprehensive coverage. FM 114.0.1378 10 13 Page 5 of 10 Includes copyrighted material of Insurance Service Office; Inc. with its permission. '13. Personal Effects Coverage Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following coverage: Personal Effects Coverage 1. We will pay for "loss" to personal property or effects which are owned by an insured and in or on your covered "auto" at the time of"loss" in the event of a total theft of that covered "auto." 2. Subject to Paragraph C. Limit Of Insurance under SECTION III — PHYSICAL DAMAGE COVERAGE, we will pay up to $500 for"loss" of personal property or effects in any one "accident" involving total theft of a covered "auto". This insurance will not apply if, at the time of"loss", the covered "auto" is unattended, unless the "loss" is the result of forced entry into the covered "auto" while all doors, windows or other openings are closed and locked and there is evidence of forced entry. Under this extension, we will not pay for"loss" to the following: accounts, bills, currency, deeds, evidences of debt, money, notes or securities; electronic equipment or tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment; jewelry, watches, necklaces, bracelets, gems, gold, platinum, silver, furs; animals, birds, or fish or any motorized vehicle. This coverage will be excess over any other collectable insurance. No deductible applies to this coverage. '14. Audio, Visual, And Data Electronic Equipment The sub-limit in Paragraph C.2. of the Limit of Insurance Provision of SECTION III- PHYSICAL DAMAGE COVERAGE is increased to $1,500. '15. Loan/Lease Payoff Coverage The following is added to Limit of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less; 1. The amount paid under the Physical Damage Coverage Section of the policy, and 2. Any; a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage: c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. FM 114.0.1378 10 13 Page 6 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. This coverage is limited to a maximum of$1,500 for each covered "auto". 16. Airbag Coverage If the named "insured" carries Comprehensive and Collision Coverage for the damaged covered "auto", then this coverage extension 16. applies to that covered "auto". The following is added to Subparagraph 3.a. under Paragraph B. Exclusions in SECTION III - PHYSICAL DAMAGE COVERAGE: The accidental discharge of an airbag shall not be considered mechanical or electrical breakdown and therefore shall not be excluded. This provision does not apply to "autos" you hire with a driver and it is excess over any warranty specifically designed to provide this coverage. 17. Multiple Deductible Protection —Covered "Auto" And Trailer If you carry Comprehensive and Collision coverages for the damaged covered "autos", then this coverage extension 17. applies to those covered "autos": The following is added to Paragraph D. Deductible under SECTION III - PHYSICAL DAMAGE COVERAGE: Whenever a covered "auto" and trailer are each damaged in the same "loss" while operating as a combined truck and trailer unit, only one deductible shall apply to the "accident". The larger of the two deductibles shall apply. If another policy or coverage form issued by us, that is not an automobile policy or coverage form, applies to the same "loss" or"accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is not the largest deductible, it will be waived. 2. If the deductible under this Business Auto Coverage Form is the largest deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 18. Duties In The Event Of An Accident, Claim, Suit, Or Loss A. Subparagraph 2.a. under Paragraph A. Loss Conditions in SECTION IV— BUSINESS AUTO CONDITIONS is amended so that your obligations relative to notification requirements apply only when the "accident" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An executive officer, insurance manager or any other person designated by you to send notices of"accidents"or "loss" to insurers, if you are a corporation; or 5. A member, if you are a limited liability company. B. Subparagraph 2.b.(2) under Paragraph A. Loss Conditions in SECTION IV— BUSINESu' AUTO CONDITIONS is amended so that your obligations relative to providing us with documents concerning a claim or"suit' will not be considered breached unless the breach occurs after such claim or"suit' is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An executive officer, insurance manager or any other person designated by you to send notices of claims or"suits" to insurers, if you are a corporation; or FM 114.0.1378 10 13 Page 7 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 5. A member, if you are a limited liability company. '19. Non-Owned Auto Waiver Of Subrogation The following is added to Subparagraph 5. Transfer Of Rights Of Recovery Against Others To Us, under Paragraph A. Loss Conditions in SECTION IV— BUSINESS AUTO CONDITIONS: We hereby waive any right of subrogation against any of your officers, directors, or "employees"which might arise by reason of any payment under the insurance afforded by this policy for the operation, maintenance, use, loading, or unloading of non-owned "autos". This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director, or "employee". 20. Blanket Waiver Of Subrogation When Required Under Written Contract The following is added to Subparagraph 5. Transfer Of Rights Of Recovery Against Others To Us, under Paragraph A. Loss Conditions in SECTION IV- BUSINESS AUTO CONDITIONS: However, we waive any right of recovery we may have against a person, organization or governmental entity when you have waived such right of recovery under a written contract or written agreement provided such written contract or agreement is: 1. currently in effect or becoming effective during the term of this policy; and 2. executed prior to the "accident" or "loss"; or 3. executed after the "accident" or "loss" if: a. the terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or "loss"; and b. you can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". 21. Coverage Territory -Short Term Hired Commercial "Autos" Paragraph 7. Policy Period, Coverage Territory under Paragraph B. General Conditions in SECTION IV— BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to anywhere in the world if: 1. A covered "auto" of the commercial van, pick-up, or truck type is leased, hired, rented or borrowed for a period of 30 days or less; and 2. The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We will also cover "loss" to, or "accidents" involving, a covered "auto"while being transported between any of these places. FM 114.0.1378 10 13 Page 8 of 10 Includes copyrighted material of Insurance Service Office; Inc. with its permission. 22. Limited Mexico Coverage WARNING I AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph 7. Policy Period, Coverage Territory of the General Conditions is amended by the addition of the following: The coverage territory is extended to include Mexico but only for: a. "Accidents" or "losses" occurring within 25 miles of the United States border; and b. Trips into Mexico of 10 days or less. 2. Condition 5. Other Insurance of Part B. General Conditions under Section IV - Business Auto Conditions is replaced by the following: The insurance provided by this Provision 22 will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven,we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. 23. Unintentional Failure To Disclose Hazards The following is added to Paragraph B. General Conditions in SECTION IV— BUSINESS AUTO CONDITIONS: If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans. FM 114.0.1378 10 13 Page 9 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 24. Mental Anguish Resulting From"Bodily Injury" The definition of"bodily injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily injury" means physical injury, physical sickness or physical disease sustained by any person, including "mental anguish" or death resulting from any of these. It does not include mental anguish to any person which occurs in the absence of physical injury, physical sickness or physical disease to that person. For the purpose of this provision, the term "mental anguish" shall mean any type of mental or emotional illness or distress. 25. Waiver Of Sovereign Immunity The following provision applies if you are a "governmental entity" or we have added a "governmental entity"to your policy as an additional insured, and the "governmental entity" requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the "governmental entity": We shall not raise any defense involving, in any way, the jurisdiction of the tribunal over the "governmental entity", the immunity of the "governmental entity" or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the "governmental entity" without first obtaining express advance permission from the designated representative of the "governmental entity." Application of this provision shall not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. For the purposes of this provision, "governmental entity" means a state, county, district, municipality, town, township, borough, parish, village, or other political subdivision or governmental agency or subdivision. 26. Application Of This Endorsement The coverage enhancements provided by this endorsement apply to the Business Auto Coverage Form. If your policy includes other endorsements in addition to this Commercial Automobile Broad Form Endorsement, and there is a conflict between any of the terms of such endorsement(s) and this Commercial Automobile Broad Form Endorsement, the terms of the other endorsement(s) shall be given priority and control over the terms set forth in this Commercial Automobile Broad Form Endorsement, even if the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this Commercial Automobile Broad Form Endorsement. All other terms and conditions remain unchanged. FM 114.0.1378 10 13 Page 10 of 10 Includes copyrighted material of Insurance Service Office; Inc. with its permission. r j Policy#5068949967 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENHANCEMENT ENDORSEMENT i This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE I! { 1. Expected Or Intended Injury 16. Additional Insured --Engineers, Architects Or Surveyors 2. Amended Defense Coverage For Indemnitees 17. Additional Insured --Managers Or Lessors Of Premises Additional Insured --State Or Governmental 3. Non-Owned Watercraft 18. Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations i 4. Non-Owned Aircraft 19. Broad Knowledge / Notice Of Occurrence { Property Damage Liability —Borrowed Waiver Of Transfer Of Rights Of Recovery 5. Equipment 20. Against Others To Us i 6. Property Damage Liability —Elevators 21. Unintentional Failure To Disclose Hazards j 7. Damage To Premises Rented To You 22. Mental Anguish, Mental Injury Or Humiliation i 'I j Contractual Liability For Personal And 8. 23. Mobile Equipment Advertising Injury 9. Medical Payments 24. Waiver Of Sovereign Immunity 10. Supplementary Payments 25. Aggregate Limits Of Insurance Per Project 11. Broad Form Named Insured 26 Contractual Liability —Work Within 50 Feet Of Railroads 12. Fellow Employee Coverage 27 Primary Insurance --Additional Insureds By Written Contract I { 13. Incidental Medical Malpractice Liability 28. Liberalization Clause 14. Newly Acquired Organizations 29. Application Of This Endorsement 15. Additional Insured —Lessors Of Leased Equipment FM 101.0,2615 04 11 Page 1 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 1. Expected Or Intended Injury Exclusion a. Expected Or Intended Injury under Section I - Coverage A- Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: "Bodily injury"or "property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. 2. Amended Defense Coverage For Indemnitees Supplementary Payments- Coverages A And B is amended as follows: Paragraph 2.d. under Section I - Supplementary Payments- Coverages A And B is hereby deleted. Paragraph 2.e. under Section I - Supplementary Payments- Coverages A And B is hereby deleted and replaced by the following: The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit". In the event we agree a conflict exists between the interests of the insured and the interests of the indemnitee, we will select and assign separate defense counsel for the indemnitee and pay reasonable attorney fees and necessary litigation expenses; and 3. Non-Owned Watercraft Paragraph (2)(a) of Exclusion g. Aircraft, Auto Or Watercraft under Section I - Coverage A- Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (a) Less than 55 feet in overall length; and 4. Non-Owned Aircraft Exclusion g. Aircraft, Auto Or Watercraft under Section I - Coverage A- Bodily Injury And Property Damage Liability does not apply to an aircraft, in which you have no ownership interest, provided: a. It is: (1) Loaned to; (2) Rented by; or (3) Hired or chartered by the insured with a paid and licensed crew; b. It is not being used to carry persons or property for a charge; and c. The pilot in command holds a currently effective license, issued by the duly constituted FM 101.0.2615 04 11 Page 2 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. authority of the United States of America or Canada, designating him or her as a commercial airline pilot for the particular aircraft being flown. 5. Property Darnage Liability- Borrowed Equipment Paragraph (4) of Exclusion j. Damage To Property under Section I - Coverage A- Bodily Injury And Property Damage liability is amended to include the following: This exclusion does not apply to equipment which you borrow from a person or entity, other than an insured, unless the "property damage"occurs while such equipment is being used by an insured at a job site. Subject to all terms of Section III--Limits Of Insurance, the maximum limit in any one "occurrence"is $25,000 subject to an annual aggregate of$50,000 for all "occurrences". The insurance provided by this exception to Exclusion j.(4)as set forth in Paragraph 5. of this Contractors General Liability Enhancement Endorsement is excess over any other valid and collectible insurance available to the insured whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis, that would also apply to the loss covered under this provision. 6. Property Damage Liability- Elevators Exclusion j. Damage To Property under Section I - Coverage A- Bodily Injury And Property Damage Liability is amended to include the following: Paragraphs (3)and (4)of this exclusion do not apply to liability arising out of the use of elevators. The insurance provided by this exception to Exclusions j.(3) and j.(4) as set forth in Paragraph 6.of this Contractors General Liability Enhancement Endorsement is excess over any other valid and collectible insurance available to the insured whether primary,excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis, that would also apply to the loss covered under this provision. 7. Damage To Premises Rented To You a. The last paragraph of 2. Exclusions under Section I - Coverage A- Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (1) With respect to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c. through n., do not apply. (2) With respect to damage by other than fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c.through in., except for Exclusion f., do not apply unless the damage arises out of"your work". A separate limit of insurance applies to the coverage set forth in (1)and (2)above as described in Section III - Limits Of Insurance. FM 101.0.2615 04 11 Page 3 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. b. Section III -Limits Of Insurance is amended by deleting Paragraph 6. and replacing it with the following: 6. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of"property damage"to any one premises while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the amount set forth in the Declarations or$300,000, whichever is greater. 8. Contractual Liability For Personal And Advertising Injury Exclusion e. Contractual Liability under Section I - Coverage B- Personal And Advertising Injury Liability is amended to add the following after the last sentence: This exclusion also does not apply to that part of any contract or agreement pertaining to your business under which you assume the "tort liability"of another party to pay for"personal and advertising injury"to a third party or organization, provided the "personal and advertising injury" offense occurs subsequent to the execution of the contract or agreement. For the purposes of this provision, "tort liability" means a liability that would be imposed by law in the absence of any contract or agreement. 9. Medical Payments Section I - Coverage C - Medical Payments is amended to include the following only if Coverage C - Medical Payments is not otherwise excluded from this coverage part: The Medical Payments Limit is changed to the greater of: a. $15,000; or b. The Medical Expense Limit shown in the Declarations of this coverage part. Paragraph 1.a.(3)(b) under Section I - Coverage C - Medical Payments is hereby deleted and replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 10. Supplementary Payments Supplementary Payments- Coverages A And B under Section 1 - Coverages is amended as follows: a. The bail bonds limit shown in Paragraph 1.b. is increased from $250to $2,500. b. The actual loss of earnings limit shown in Paragraph 1.d. is increased from $250 to $1,000. F1v1 101.0.2615 04 11 Page 4 of 11 Includes copyrighted material of Insurance Service Office, Inc. with-its permission. 11. Broad Form Named Insured Paragraph 1.d. under Section II -Who Is An Insured is amended to include the following: If you are an organization other than a partnership, limited liability company or joint venture, any of your subsidiary companies or any company over which you exercise control and actively manage will qualify as an insured only if other valid and collectible insurance does not apply. 12. Fellow Employee Coverage Paragraph 2.a. (1)(a) under Section II -Who Is An Insured is hereby deleted. 13. Incidental Medical Malpractice Liability Paragraph 2.a. (1)(d)under Section II -Who Is An Insured does not apply to "employees"who are employed as nurses or other"employees", excluding physicians and medical doctors, who provide incidental health care services within the scope of their employment by you. 14. Newly Acquired Organizations Paragraph 3.a. under Section 11 -Who Is An Insured is hereby deleted and replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. 15. Additional Insured -Lessors Of Leased Equipment Section II -Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment and with whom you have agreed to add as an additional insured to this policy by written contract or written agreement but only with respect to "bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of the equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any 'occurrence"which takes place after the equipment lease expires or is terminated. 16. Additional Insured - Engineers, Architects Or Surveyors Section 11 -Who Is An Insured is amended to include as an additional insured any architect, engineer or surveyor engaged by you and with whom you have agreed by written contract to add as an additional insured to this policy, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: FM 101.0.2615 04 11 Page 5 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. This insurance does not apply to "bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: a. The preparing,approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or b. Supervisory, inspection,architectural or engineering activities. 17. Additional Insured - Manager Or Lessors Of Premises Section II -Who Is An Insured is amended to include as an additional insured any manager or lessor of premises leased to you and with whom you have agreed by written contract to add as an additional insured to this policy, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by, or on behalf of, the manager or lessor of the premises. 18. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Section II -Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision which has issued a permit or authorization to you. a. This applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage"or"personal and advertising injury"arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or (2) 'Bodily injury"or"property damage"included within the "products-completed operations hazard". 19. Broad Knowledge 1 Notice Of Occurrence Section IV- Commercial General Liability Conditions is amended to include the following: The requirement in Condition 2.a., which states that you must see to it that we are notified of any 'occurrence"or offense,applies only when the 'occurrence"or offense is known to: RA 101.0.2615 04 11 Page 6 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 1. You, if you are an individual, 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in Condition 2.b., which states that you must see to it that we receive notice of a claim or"suit", will not be considered breached unless the breach occurs after such claim or "suit"is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers Compensation insurance carrier which later develops into a claim or "suit"for a liability "occurrence"for coverage which is provided by this policy, failure to report such "occurrence"to us at the time of the accident shall not be a violation of the notification of loss condition (Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV— Commercial General Liability Conditions) contained in this policy. It is agreed, however,that you shall give notification of such claim or"suit"to us as soon as you are made aware of the fact that the particular accident has developed into a claim or"suit". 20. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV-- Commercial General Liability Conditions is amended to include the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products- completed operations hazard"when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage"or "personal and advertising injury". Alternatively,the written contract may be executed after the "bodily injury", "property damage"or "personal and advertising injury" but only if: (i) The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage"or"personal and advertising injury"; and (ii) The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had FM 101.0.2615 04 11 Page 7 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. II been agreed upon prior to the "bodily injury", "property damage"or"personal and advertising injury". 211. Unintentional Failure To Disclose Hazards Section IV- Commercial General Liability Conditions is amended to include the following: 9. Unintentional Failure To Disclose Hazards j I i Your unintentional failure to disclose all hazards or prior"occurrences"existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy. 22. Mental Anguish, Mental Injury Or Humiliation The definition of"bodily injury"in Paragraph 3. under Section V-- Definitions is hereby deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury, humiliation or death resulting from any of these at any time. 23. Mobile Equipment Paragraph 12. under Section V- Definitionsis amended to include the following: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 24. Waiver Of Sovereign Immunity The following provision applies if you are a "governmental entity"or we have added a "governmental entity"to your policy as an additional insured, and the"governmental entity" requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the "governmental entity": We shall not raise any defense involving, in any way, the jurisdiction of the tribunal over the "governmental entity", the immunity of the "governmental entity"or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the "governmental entity"without first obtaining express advance permission from the designated representative of the "governmental entity". Application of this provision shall not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. For the purposes of this provision, "governmental entity"means a state, county, district, municipality,town,township, borough, parish, village, or other political subdivision or governmental agency or subdivision. FM 101.0.2615 04 11 Page 8 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 25. Aggregate Limits Of Insurance Per Project Section III — Limits Of Insurance is amended to include the following: 8. The General Aggregate Limit described in 2.above is subject to the following: a. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A,and for all medical expenses caused by accidents under Section 1 — Coverage C, which can be attributed only to ongoing operations at a "single construction project"away from premises owned by or rented to the insured: (1) A separate Single Construction Project General Aggregate Limit applies to each construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. (2) The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury"or"property damage"included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (a) Insureds; (b) Claims made or"suits" brought; or (c) Persons or organizations making claims or bringing "suits". b. Any payments made under Coverage Afor damages or under Coverage Cfor medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other construction project. c. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However,instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. d. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I— Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a "single construction project'away from premises owned by or rented to the insured: (1) Any payments made under Coverage Afor damages or under Coverage Cfor medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and (2) Such payments shall not reduce any Single Construction Project General Aggregate Limit. FM 101.0.2615 04 11 Page 9 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. e. When coverage for liability arising out of the "products-completed operations hazard"is provided, any payments for damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard"will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. f. If a "single construction project"away from premises owned by or rented to the insured has been abandoned or delayed and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. g. "Single construction project" means each single designated construction project for which you are obligated by written agreement to maintain general liability insurance with a separate per project general aggregate limit that applies only to that construction project. The agreement must be executed prior to the "occurrence"of the "bodily injury" or "property damage". The provisions of Section III - Limits Of Insurance, not otherwise modified by this provision, shall continue to apply as stipulated. 26. Contractual Liability- Work Within 50 Feet Of Railroads The definition of'Insured contract"in Paragraph 9. under Section V- Definitions is amended as follows: Paragraph 9.c. is hereby deleted and replaced by the following: c. Any easement or license agreement; Paragraph 91(1)is hereby deleted. 27. Primary Insurance -Additional Insureds By Written Contract Paragraph a. Primary Insurance of Condition 4. Other Insurance under Section IV-- Commercial General Liability Conditions is deleted and replaced by the following: a. Primary Insurance (1) This insurance is primary except when Paragraph a.(2)or Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. (2) This insurance is excess over and shall not contribute with any other valid and collectible insurance available to any person or entity added as an additional insured to this policy under the terms of the Contractors General Liability Enhancement Endorsement or by attachment of any other endorsement, regardless of whether such other insurance is provided on a primary, excess, contingent or on any other basis, unless the written contract between you and the additional insured requires that this insurance apply on a primary and/or non-contributory basis, in which case this insurance will apply in the manner required by such contract. FM 101.0.2615 04 11 Page 10 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 28. Liberalization Clause If we adopt a change in the coverage form, CG 00 01, which broadens coverage without an additional premium charge,the broader coverage will apply to this policy on the effective date of approval in the state shown in the Named Insured's address in the Declarations of this policy. 29. Application Of This Endorsement The coverage enhancements provided by this endorsement apply to the Commercial General Liability Coverage Part. If your policy includes other endorsements in addition to this Contractors General Liability Enhancement Endorsement, and there is a conflict between any of the terms of such endorsement(s)and this Contractors General Liability Enhancement Endorsement,the terms of the other endorsement(s) shall be given priority and control over the terms set forth in this Contractors General Liability Enhancement Endorsement,even if the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this Contractors General Liability Enhancement Endorsement. All other terms and conditions remain unchanged. FM 101.0.2615 04 11 Page 11 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. Policy#5068949967 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE r Name ofAddifonal Persons orOrganizations: Designated Projects or Locations: i5L Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this policy; or 2. The particular person or organization, if any, scheduled above. 13. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to: a. Liability for "bodily injury", `property damage" or`personal and advertising injury" caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured as specified in the "written contract"; or b. "Bodily injury' or"property damage' included within the "products-completed operations hazard" and caused in whole or in part by `your work" specified in the "written contract", but only if: (1) The "written contract" requires you to provide the additional insured such coverage; (2) This policy provides such coverage; and (3) The loss occurs within the period of time required by the "written contract" and prior to the expiration date of the policy. 2. This policy will not provide the additional insured with any broader coverage or any higher limit of insurance than the lesser of: < . Coverage afforded under this policy; or FM 101.0.2618 04 11 Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Coverage required by the "written contract". 3. Coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, unless the "written contract" requires that. this insurance apply on a primary and non-contributory basis. 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage' or "personal and advertising injury" arising out of: a. An architect's, engineer's or surveyor's rendering of, or the failure to render any professional services, including: (1) The preparing, approving, or failure to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervision or inspection performed as part of any related architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this policy. C. Section IV— Commercial General Liability Conditions is amended as follows: 1. The Duties In The Event Of Occurrence, Offense, Claim Or Suit condition is amended to add the following.- An additional insured under this endorsement will as soon as practicable: (1) Give us prompt written notice of any "occurrence' or offense which may result in a claim or"suit' under this insurance, and of any actual claim or"suit"; (2) Except as provided in Paragraph B.3. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this policy; (3) Immediately forward all legal papers to us, cooperate with us in the investigation, defense, or settlement of the claim or"suit', and otherwise comply with the policy conditions; and (4) Tender the defense and indemnity of any claim or "suit' to any other insurer whose policy may provide coverage for a loss covered under this endorsement including, but not limited to, any insurer that has issued a policy under which the additional insured qualifies as an insured; however, if the "written contract" requires this insurance to be primary and non-contributory, this provision does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit' from the additional insured. FM 101.0.2618 04 11 Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Only for the purpose of the insurance provided by this endorsement, Section V-- Definitions is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy; and b. Was signed and executed prior to the "bodily injury" or `property damage" or`personal and advertising injury" for which coverage under this policy is sought by the additional insured. All other terms and conditions remain unchanged. f=M 101.0.2618 04 11 Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. REQUEST FOR MAYOR'S SIGNATURE KENT 'N a.S ni rvt,rry Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DE ART T) �� Drec r Originator: Bill Thomas Phone (Originator : 5672 Date Sent: 6/4/19 Date Required: 6/11/19 Return Signed Document to: Nancy Yoshitake Contract Termination Date: 6 30 20 VENDOR NAME: Date Finance Notified: McDonough and Sons, Inc. (only required on contracts 5/22/ 1 9 _ 20,000 and over or on any Grant) _ DATE OF COUNCIL APPROVAL: 6/7/6 Date Risk Manager Notified:N/A (Required uired on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: Authorized in the Budget? • YES NO 44005590.6410.7420 Brief Explanation of Document: The attached amendment with McDonough and Sons is to provide street sweepirg services for an additional year. �l F?Ec tl VET D KEN All Contracts Must Be Routed Through The Law Department Ep-r e 1 Received (This area to be completed by the Law Department) i Approval of Law Dept.: 06—r� Law_Lee�t. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received RECEIVED Recommendations and Comments: Disposition: City of Kent Office of the Mayor Date Returned: P 1,ivil Formsl ocument rocessing Request l I i