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HomeMy WebLinkAboutCAG2019-415 - Original - All Around Fence Company - Gate Installation at Wilson Playfields - 09/11/2019 ,0e,*1N Agreement Routing Form KEN T For Approvals, Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator. Jan Applegate Department: parks Date Sent. 09/12/2019 Date Required. n/a R Authorized F7 Director or Designee Date of o / U. to Sign: Council n a aMayor Approval: Budget 15106404.64110.5132 Grant? El YesNo Account Number: Sub 857 W Type: N/A Vendor Name: All Around Fence Company Category. Contract c Vendor Sub-Category 0 Number: 33539 A Project E Name: Gate Installation at Wilson Playfields 0 C� Project Details: Gate installation at Wilson Playfields, located at 13028 SE 251st St, Kent c ar Agreement Basis for Amount: $2376.00 Selection of Other IV L Contractor. a+ a Start Date: 9/12/2019 Termination Date: 11/30/2019 Notice required prior to disclosure? Yes No Contract Number: Date Received by City Attorney. Comments: a+ c Z 0 Inc N 41 L 3 i/ 1p m Date Routed to the Mayor's Office: N air Date Routed to the City Clerk's Office: .:111 d oc Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT W A 5 1 1 ry G T O ry PUBLIC WORKS AGREEMENT between City of Kent and All Around Fence Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Around Fence Company organized under the laws of the State of Washington, located and doing business at 14323 16th Street East, Sumner WA 98390-9633, Mailing Address: P.O. Box 1029, Ravensdale WA 98051-8101. Contact: Ron Dagley, Phone: 253-863-4895, Fax: 253-863-0704 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Gate installation at Wilson Playfields, located at 13028 S.E. 251s' Street, Kent WA 98030, per Proposal/Contract dated 09/09/2019 attached and marked as Exhibit A. Install gate in existing fence with a 4 foot opening, 7 feet tall with a transom including tear out and haul away of old materials. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by November 30, 2019. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed TWO THOUSAND THREE HUNDRED SEVENTY SIX DOLLARS AND NO CENTS ($2376.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. 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 XII 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 Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) J. City Business icens _ Ranuirari. 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. �o n marts and Signa u res 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. CONTRACT CITY OF ENT: By: � g y: (sit ature) ignature) Print N me: � Print ame: Garin Lee, Its: Parks Operations Superintendent �tle) DATE: C( 1 �) DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT., Ron Dagley Ben Levenhagen, Support Services Field Supervisor All Around Fence Company City of Kent P.O. Box 1029 220 Fourth Avenue South Ravensdale, WA 98051-8101 Kent, WA 98032 (253) 863-4895 (telephone) (253) 508-9548 (Cei) or (253) 863-0704 (facsimile) (253) 856-5133 (telephone) 253 856-6120 facsimile ATTEST: Kent City Clerk PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY 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 w, I agree to fulfill the five requirements referenced above. By: For: _ bi C-0 w+ 0.ptV Title: d,i►4 Date: 9 ' 11 1 EEO COMPLIANCE DOCUMENTS - 1 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 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (09/09/2019), the bidder is not a "willful" violator, as defined in RCW 49,48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. All Around Fence Company 40 By: # _ Signature of Authorized Offi ial* Printed Blame: Title: QMJV_ Date: qt\\ t\,O1 City and State: 1 A,��5(� C'U 1 1- *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 EXHIBIT A Z lAll-Around Fence Co.Licensed . Bonded . Insured On Site Estimate Date:PO Box 1029 • Ravensdale,WA 98051-8101 Estimator: Ph: (253)863-4895 i Fax: (253)863-0704 1Email:allaroundfenceCmsn.com Revised Date: www.allaroundfencewa.com PROPOSAL / CONTRACT License No.ALLARAF839KS Job Name: Mgmt. Co.: Contact Name: Phone#1: 2 C -- 3 Phone#2: Site Address: 0 Z 1 Email Billing Address: s Billing Email: Ir3t ❑ White R IBlack Cl Grey ❑ Tan ❑Galy. p sP.order Ornamental Wood Chain Link vinyl Iron other , Footage I Height I I POSTS: i Terminal Z� g Line Gate 7 h Material Specs: Z �;p 6re1n � Top Rail (1 j ` ' Gc l ! t� YL Middle Rail ! t� Bottom Rail J Tension Wire WOOD STYLES: ❑ Standard Estate • ; ❑ Full Panel NOTES: Office Use Only ❑ Picture Frame M/D ❑ Kirkland ❑ Rambler ❑ Lattice Top 1.WE DO NOT PAINT OR STAIN.NO EXCEPTIONS. M/D/U ❑Horizontal 2.THIS CONTRACT IN PRINTED OR ELECTRONIC FORM IS SUBJECT TO THE TERMS AND CONDITIONS OF WHICH ARE MADE A PART HEREOF BY THIS REFERENCE. ❑ Custom 3.WE PROPOSE hereby to furnish material and labor-complete in accordance with the above GATES: specifications. Walk Gate (.( 4.WE DO NOT WARRANTY WOOAREI VIER 10'WIDE O EXCEPTIONS. Price tQQ 5.WE HAVE A$600 MINIMUM PIALS.IF YO CH GE YOUR JOB&THE PRICE FALLS ❑ Single Drive BELOW THAT COST,YOU MAY BEn YTHE INIMUM PLUS MATERIALS PRICE. ❑ Double Drive 6.Please Note:Most of our corree by E Tax Estimators Authorization: OF APVUCMRE" ❑ Hillside NOTE:This proposal may be withdr1wn by AAFCo If not accept e within thirty(30)days. ❑ Roll Gate TERMS:Payment due upon receipt of invoice(of which we ii).We accept checks&money orders. For a fee,we will also accept debit and credit cards.ALL AROUND FENCE CO. IS NOT ❑Clearing(Included if box is checked) RESPONSIBLE FOR SPRINKLER LINES•Customer is responsible to mark utility locations. Tear-Out Haul-Away The prices,specifications and conditions are satisfactory and are hereby accepted. Included if box is11 ecked Customer Si nature: Date: C10 V, Rev.05/2019 9/12/2019 about:blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 9/12/2019 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Fence Erectors Fence Erector $43.11 7A 4V 8Y View King Fence Erectors Fence Laborer $43.11 7A 4V 8Y View about:blank 1!1 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either parry, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL F. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. G. 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. A`40RV CERTIFICATE OF LIABILITY INSURANCE 71-1/28/2018 ( 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). T PRODUCER NAME: ]Caren L Padilla Bell Anderson Agency, Inc. PHONE N Ext.l. (425)291-5200 FAX (925)291-5100 AlX Nol. 600 SW 39th St, Suite 200 E-MAIL karenp@bell-anderson.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Renton WA 98057 INSURERA:Union Insurance Company 25844 INSURED INSURER B: All Around Fence Company INSURER C: PO BOX 1029 INSURER 0: INSURER E: Ravensdale WA 98051 INSURER F: COVERAGES CERTIFICATE NUMBER:CL18112832251 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 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 (MMIDD1YYYYJ IMMIDD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 A CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence $ X Y CPA602961224 12/1/2018 12/1/2019 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY 7 JEC LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY(Per person) $ X ANYAUTO A ALL OWNED SCHEDULED AUTOS AUTOS X y CPA602961224 12/1/2038 12/1/2019 BODILY INJURY(Per accident] $ PROPERTY DAMAGE $ NON-OWNED HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X I RETENTION $ 10,000 CPA602961224 12/1/2018 12/1/2019 $ PER OTH- WORKERS COMPENSATION STATUTE ER AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNERlEXECUTIVE E.L.EACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N l A CPA602961224 12/1/2018 12/1/2019 E.L.DISEASE-EA EMPLOYEE $ 11000,000 A (Mandatory in NH) If yes,describe under (WA Stop Gap) E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is additional insured per the attached endorsement CLCG5029 1018, CLCG2071 0916 and CLCA0149 0617. Waiver of subrogation per the attached endorsement CLCG0492 1018 and CLCA0149 0617. Primary & non-contributory coverage per the attached endorsement CLCG5029 1018 and CLCG2071 0916. CERTIFICATE HOLDER CANCELLATION adacuag@KentWA.gov 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. Parks Maintenance Parks, Recreation & Community Services AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent, WA 98032 Jason Webb/CEM ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMERCIAL GENERAL LIABILITY CL CG 05 29 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT ANCEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT GENERAL LIABILITY ULTRA PLUS ENDORSEMENT A. General Liability Ultra Plus Endorsement CL CG 04 92, Provision A. Miscellaneous Additional Insureds, is revised as follows: I. The following is added to(1) Persons or Organizations For Whom Operations Are Performed, c.(1): a. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition of CG 20 10 (aka CG 20 10 10 01) or via the 11/85 edition of CG 20 10 (aka CG 20 10 11 85), then in paragraph 1.c.(1)(c)., the words caused in whole or in part by, are replaced by the words arising out of. b. For purposes of this additional insured coverage, the terms "you"and "your" refer to the Named Insured shown in the Declarations. B. CONTRACTUAL LIABILITY-RAILROADS The following coverage is added: I. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract" in Section V-Definitions is replaced by the following: 9. "Insured Contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury"or property damage"to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including CL CG 05 29 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 those listed in Paragraph (1) above and supe activities. rvisory, inspection, architectural or engineering 2- Other Insurance For purposes of this endorsement, the following is added to the Section IV-Commercial General Liability Conditions,4 Other Insurance condition and supersedes any provision to the contrary. This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work"performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. AGGREGATE LIMITS OF INSURANCE The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01, General Aggregate Limit under SECTION III—LIMITS OF INSURANCE: The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this Policy, then this endorsement CL CG 05 29 paragraph C. Aggregate Limits Of Insurance does not apply. D. BODILY INJURY REDEFINED The definition of"Bodily injury" in the Definitions section of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 is replaced by the following: "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from"bodily injury". Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 05 29 10 18 COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneo us Additional Insureds B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You Fire, Li htnin i Included Ex losion, Smoke, Or Leaka a From Automatic Fire Protective Systems) j $300,000 E. Medical Payments F. Mobile Equipment Redefined See Declarations G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Com Y Included Dan And Extended Period Of Coverage H. Who Is An Insured—Amendment I• Included Non-Owned Watercraft (Increased to maximum length of less than 51 Included feet J. Supplementary Payments—Increased Limits 1. Bail Bonds 2. Loss Of Earnings $3,000 K. Unintentional Omission Or Unintentional Error In Disclosure $ 1,000 L. Waiver Of Transfer Of Rights Of Recovery Against Others Included Included M. Liberalization Clause N. Incidental Medical Malpractice Included Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability in writing in a contract or agreement that such Coverage Part apply except as otherwise provided in person or organization be added as an this endorsement. This endorsement applies only if additional insured on your policy, provided such Coverage Part is included in this policy. that: A. MISCELLANEOUS ADDITIONAL INSUREDS a. The written contract or written agreement 1. Section If —Who Is An Insured is amended is. to include as an insured any person or (1) Currently in effect or becoming organization (referred to as an additional effective during the term of this policy; insured below) described in Paragraphs and A.1.c.(1) through A.1.c.(9) below when you (2) Full executed and such person or organization have agreed y b Y you and the additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". or failing to prepare or b. The insurance afforded by this provision approve, maps, shop does not apply to any person or drawings, opinions, reports, organization included as an additional surveys, field orders, insured by a separate endorsement change orders or drawings issued by us and made a part of this policy and specifications; or or coverage part. (1.2) Supervisory, inspection, C. Only the following persons or architectural or engineering organizations are additional insureds activities. under this provision, with coverage for This exclusion applies even if the such additional insureds limited as claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, Whom Operations Are Performed training or monitoring of others by that insured, if the "occurrence" which (a) Any person or organization for caused the"bodily injury"or"property whom you are performing damage", or the offense which operations when you and such caused the "personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, engineering or organization be added as an surveying services. additional insured to your policy; and (ii) "Bodily injury" or "property (b) Any other person or organization damage" occurring after: you are required to add as an (1.1) All work, including additional insured under the materials, parts or contract or agreement described equipment furnished in in paragraph(a) above. connection with such work, on the project (C) Such person(s)or organization(s) (other than service, is an additional insured only with maintenance or repairs) respect to liability for "bodily to be performed by or on injury", "property damage" or " behalf of the additional personal and advertising injury" insured(s) at the location caused, in whole or in part, by: of the covered operations (i) Your acts or omissions; or has been completed; or (ii) The acts or omissions of (1.2) That portion of "your those acting on your behalf; work" out of which the our ongoing injury or damage arises in the performance of y 9 g has been put to its operations for the additional insured. intended use by any (d) With respect to the insurance person or organization afforded to these additional other than another insureds, the following additional contractor or exclusions apply: subcontractor engaged in performing operations for This insurance does not apply to: a principal as a part of the (1) "Bodily injury", "property same project. damage" or "personal and (2) Managers Or Lessors Of Premises advertising injury" arising out of the rendering of, or the A manager or lessor of premises but failure render, any only with respect to liability arising out professional architectural, of the ownership, maintenance or use of that part of the premises leased to engineering or surveying services, including: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission you and subject to the following contract or written agreement with additional exclusions: you for such leased equipment ends. This insurance does not apply to: This insurance does not apply to any (a) Any "occurrence" which takes "occurrence" which takes place after place after you cease to be a the equipment lease expires. tenant in that premises. (6) State, Municipality, Governmental (b) Structural alterations, new Agency Or Subdivision Or Other construction or demolition Political Subdivision — Permits Or operations performed by or on Authorizations Relating To behalf of such additional insured. Premises (3)Mortgagee,Assignee Or Receiver Any state, municipality, governmental agency or subdivision or other A mortgagee, assignee, or receiver political subdivision subject to the but only with respect to their liability following additional provisions: as mortgagee, assignee, or receiver and arising out of the ownership, (a) This insurance applies only with maintenance, or use of a covered respect to: premises by you. (i) The following hazards for This insurance does not apply to which the state, municipality, structural alterations, new governmental agency or construction or demolition operations subdivision or other political performed by or on behalf of such subdivision has issued a additional insured. permit or authorization in connection with premises you (4) Owners Or Other Interests From own, rent or control and to Whom Land Has Been Leased which this insurance applies: An owner or other interest from whom (1.1) The existence, land has been leased to you but only maintenance, repair, with respect to liability arising out of construction, erection the ownership, maintenance or use of or removal of that part of the land leased to you and advertising signs, subject to the following additional awnings, canopies, exclusions: cellar entrances, coal This insurance does not apply to: holes, driveways, manholes, marquees, (a) Any "occurrence" which takes hoist away openings, place after you cease to lease sidewalk vaults, street that land. banners or decorations (b) Structural alterations, new and similar exposures; construction or demolition or operations performed by or on (1.2) The construction, behalf of such additional insured. erection or removal of (5) Lessor Of Leased Equipment elevators; or Any person(s) or organization(s)from (1.3) The ownership, whom you lease equipment but only maintenance or use of with respect to liability for "bodily any elevators covered injury", "property damage" or by this insurance. "personal and advertising injury" (ii) Operations performed by you caused, in whole or in part, by your or on your behalf for which maintenance, operation or use of the state, municipality, equipment leased to you by such governmental agency or person(s)or organization(s). subdivision or other political A person's or organization's status as subdivision has issued a an additional insured under this permit or authorization. endorsement ends when their written CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 with its permission (b) This insurance does not apply to "bodily injury,,, "property damage" (1°)change Physical or chemical or "personal and advertising change in the product made injury" arising out of operations intentionally by the performed for the state, vendor; municipality, governmental (iv) Repackaging, except when agency or subdivision or other unpacked solely for the political subdivision. purpose of inspection, (7) Controlling Interest demonstration, testing, or the substitution of parts under Any person(s) or Organization(s) with instructions from the a controlling interest in the Named manufacturer, and then Insured but only with respect to their repackaged in the original liability arising out of: container; (a)Their financial control of you; or (v) Any failure to make such (b) Premises they own, maintain or inspections, adjustments, control while you lease or occupy tests or servicing as the these premises. vendor has agreed to make or normally undertakes to This insurance does not apply to make in the usual course of structural alterations, new business, in connection with construction or demolition operations the distribution or sale of the performed by or for such person(s) or products, organization(s). (vi) Demonstration, installation, (8) Co-Owner Of Insured Premises servicing or repair A co-owner of a premises co-owned operations, except such by you and covered under this operations performed at the vendor's premises in insurance but only with respect to the connection with the sale of co-owner's liability as co-owner of th such premises. e product; (9) Vendors (vii) Products which, after distribution or sale by you, (a) Any person(s) or organization(s) have been labeled or (referred to as vendor), but only relabeled or used as a with respect to "bodily injury" or container, part or ingredient "property damage"arising out of of any other thing or your products" which are substance by or for the distributed or sold in the regular vendor, or course of the vendor's business. (viii)"Bodily injury" or "property The insurance afforded the damage" arising out of the vendor does not apply to: sole negligence of the vendor for its own acts or omissions (1) "Bodily injury" or "property damage" for which the or those of its employees or anyone else acting on its vendor is obligated to pay behalf. However, this damages by reason of the exclusion does not apply to: assumption of liability in a written contract or written (1.1) The exceptions agreement. This exclusion contained in Sub- does not apply to liability for paragraphs (iv) or damages that the vendor (vi); or would have in the absence of (1.2) Such inspections, the written contract or written agreement; adjustments, tests or servicing as the (li) Any express warranty vendor has agreed to unauthorized by you; make or normally undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission in the usual course of B. EXPECTED OR INTENDED INJURY OR business, in DAMAGE connection with the distribution or sale of Exclusion 2.a. Expected Or Intended Injury of the products. Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and (b) This insurance does not replaced by the following: apply to any insured person a. Expected Or Intended In or organization, from whom jury Or Damage you have acquired products, 'Bodily injury"or"property damage"expected or any ingredient, part or or intended from the standpoint of the insured. container, entering into, This exclusion does not apply to"bodily injury" accompanying or containing or"property damage"resulting from the use of such products. reasonable force to protect persons or 2. With respect to coverage provided by this property. Provision A. Miscellaneous Additional C. KNOWLEDGE OF OCCURRENCE Insureds, the following additional provisions apply: Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section a. Any insurance provided to an additional IV — Commercial General Liability Conditions insured designated under Paragraphs is deleted and replaced by the following: A.1.c.(1) through A.1.c.(8) above does not apply: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an (1) To "bodily injury" or "property offense which may result in a claim only when damage" included within the the"occurrence" or offense is known to: "products-completed operations hazard"; or (1) You, if you are an individual; (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company; or such additional insured. (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the written (I) How,when and where the'occurrence"or contract or written agreement. offense took place, 3. With respect to the insurance afforded to the (ii) The names and addresses of any injured additional insureds within this Provision A. persons and witnesses, and Miscellaneous Additional Insureds, the (III) The nature and location of any injury or following is added to Section III — Limits Of damage arising out of the 'occurrence" or Insurance: offense. The most we will pay on behalf of the D. LEGAL LIABILITY — DAMAGE TO PREMISES additional insured is the amount of insurance: RENTED TO YOU (Fire, Lightning, Explosion, a. Required by the written contractor written Smoke, Or Leakage From Automatic Fire agreement; or Protective Systems) b. Available under the applicable Limits Of If damage to premises rented to you is not Insurance shown in the Declarations; otherwise excluded from this policy or coverage whichever is less. part, then the following provisions apply: 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph(after the exclusions)is deleted Declarations. and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission Exclusions C. through n. do not apply to damage by fire, lightning, explosion, "smoke", You s temporarily occupied by you with or leakage from automatic fire protective permission of the owner; systems to premises while rented to you or S. Subparagraph a. of Definition 9. "Insured temporarily occupied by you with the contract" of Section V — Definitions is permission of the owner. A separate limit of deleted and replaced by the following: insurance applies to this coverage as a. A contract for a lease of premises. described in Section III — Limits Of Insurance. However, that portion of the contract for a lease of premises that indemnifies any 2. The paragraph immediately after Sub- person or organization for damage by fire, paragraph j.(6)of Paragraph 2.Exclusions of lightning, explosion, "smoke" or leakage Section I—Coverage A—Bodily Injury And from automatic fire protective systems to Property Damage Liability is deleted and premises while rented to you or replaced by the following: temporarily occupied by you with Paragraphs (1), (3) and (4) of this exclusion permission of the owner is not an "insured contract". do not apply to"property damage"(other than damage by fire, lightning, explosion, "smoke", 6. As used in this Provision D. Legal Liability or leakage from automatic fire protective Damage To Premises Rented To You: systems) to premises, including the contents of such premises, rented to you for a period of "Smoke" does not include smoke from agricultural smudging, industrial operations or seven or fewer consecutive days. A separate "hostile fire". limit of insurance applies to Damage To Premises Rented To You as described in E. MEDICAL PAYMENTS Section III—Limits Of Insurance. The Medical Expense Limit is changed, subject to 3. Paragraph 6. of Section III — Limits Of the terms of Section III—Limits Of Insurance, to Insurance is deleted and replaced by the the Medical Expense Limit shown in the following: Declarations. 6. Subject to Paragraph 5. above, the F. MOBILE EQUIPMENT REDEFINED greater of: Subparagraph f.(1) of Definition 12. "Mobile a. $300,000; or equipment"of Section V—Definitions is deleted b. The Damage To Premises Rented To and replaced by the following: You Limit shown in the Declarations, (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily is the most we will pay under Coverage A for: for damages because of "property damage"to premises while rented to you, (a) Snow removal; or in the case of damage by fire, lightning, (b) Road maintenance, but not construction explosion, "smoke", or leakage from automatic fire protective systems, while or resurfacing; or rented to you or temporarily occupied by (c) Street cleaning; you with permission of the owner. G. NEWLY FORMED OR ACQUIRED This limit will apply to all damage ORGANIZATION, PARTNERSHIP OR LIMITED proximately caused by the same event, LIABILITY COMPANY AND EXTENDED whether such damage results from fire, PERIOD OF COVERAGE lightning, explosion, "smoke", leakage Paragraph 3. of Section 11 —Who Is An Insured from automatic fire protective systems, or is deleted and replaced by the following:other covered causes of loss or any combination thereof. 3. Any organization you newly acquire or form, 4ii) of Paragraph 4. other than a joint venture, and over which you . Subparagraph b.(1)(a)( maintain ownership or: Other Insurance of Section IV _ Commercial General Liability Conditions is a. Majority interest of more than 50% if you deleted and replaced by the following: are a corporation; (ii) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a or leakage from automatic fire protective general partner of a newly acquired or systems insurance for premises rented to formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 with its permission C. Majority interest of more than 50% as an c. Past partnership, owner of a newly acquired or formed joint venture or limited limited liability company; liability company; that is not shown as a Named Insured in the will qualify as a Named Insured if there is no Declarations. other similar insurance available to that organization. However, for these I. NON-OWNED WATERCRAFT organizations: Subparagraph (2) of Exclusion 2.g. Aircraft, (i) Coverage under this provision is afforded Auto Or Watercraft of Section I—Coverage A— only until the next anniversary date of this Bodily Injury And Property Damage Liability is Policy's effective date after you acquire or deleted and replaced by the following: form the organization, partnership or (2) A watercraft you do not own that is: limited liability company, or the end of the policy period, whichever is earlier; (a) Less than 51 feet long; and (ii) Section I —Coverage A— Bodily Injury (b) Not being used to carry persons or And Property Damage Liability does not property for a charge. apply to "bodily injury" or "property J. SUPPLEMENTARY PAYMENTS —INCREASED damage" that occurred before you LIMITS acquired or formed the organization, partnership or limited liability company; Section I — Supplementary Payments — (iii) Section I—Coverage B—Personal And Coverages A And B is changed as follows: Advertising Injury Liability does not 1. The limit shown in Paragraph 1.b.for the cost apply to "personal and advertising injury" of bail bonds is changed from $250 to$3,000; arising out of an offense committed before and you acquired or formed the organization, 2. The limit shown in Paragraph 1.d. for loss of partnership or limited liability company; earnings because of time off from work is (iv) Coverage applies only when operations of changed from $250 a day to$1,000 a day. the newly acquired organization, K. UNINTENTIONAL OMISSION OR partnership or limited liability company are UNINTENTIONAL ERROR IN DISCLOSURE the same or similar to the operations of insureds already covered under this The following provision is added to Paragraph S. insurance; Representations of Section IV — Commercial (v) Coverage only applies for those limited General Liability Conditions: liability companies who have established However, the unintentional omission of, or a date of formation as recorded within the unintentional error in, any information given or filed state articles of organization, provided by you shall not prejudice your rights certificates of formation or certificates of under this insurance. organization; and This provision does not affect our right to collect (vi) Coverage only applies for those additional premium or to exercise our right of partnerships who have established a date cancellation or non-renewal. of formation as recorded within a written L. WAIVER OF TRANSFER OF RIGHTS OF partnership agreement or partnership RECOVERY AGAINST OTHERS certificate. H. WHO IS AN INSURED—AMENDMENT The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of The last paragraph of Section II — Who Is An Section IV — Commercial General Liability Insured is deleted and replaced by the following: Conditions: No person or organization is an insured with We waive any right of recovery we may have respect to the conduct of any: against any person or organization because of a. Current partnership or limited liability Payments we make for injury or damage arising y out of your ongoing operations or"your work"and company, unless otherwise provided for under included in the "products-completed operations Paragraph 3. of Section 11 — Who Is An hazard" when you have agreed in a written Insured; contract or written agreement that any right of b. Current joint venture; or recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1)(d) of Section Ii — Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liability Conditions. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission COMMERCIAL AUTO CLCA01490617 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED "property damage": because of the conduct of ORGANIZATIONS an "insured" under Paragraphs a. or b. under The following is added to Paragraph A.I. Who Is Paragraph A.1. Who Is An Insured of Section An Insured of Section II - Covered Autos Liability If - Covered Autos Liability Coverage, caused Coverage: by an "accident" and resulting from the ownership, maintenance or use of a covered Any organization you newly acquire or form, other "auto"; than a partnership,joint venture or limited liability company or any organization excluded either by 2. The written contract or agreement described this Coverage Part or by endorsement, and over above must have been executed prior to the which you maintain ownership or majority interest "accident" that caused the "bodily injury" or of more than 50 percent will qualify as a Named "property damage"and be in effect at the time Insured. However: of such "accident"; 1. This insurance does not apply to any newly 3. The insurance afforded to any such additional acquired or formed organization that is an "insured" does not apply to any "accident" "insured"under any other automobile policy or beyond the period of time required by the would be an "insured" under such policy but written contract or agreement described for its termination or the exhaustion of its Limit above; of Insurance. 4. The most we will pay on behalf of such 2. Coverage does not apply to "bodily injury" or additional "insured(s)" is the lesser of: "property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization. written contract or agreement described 3. Coverage under this provision is afforded only above; or until the 180th day after you acquire or form b. The Limits of Insurance shown in the the organization or the end of the policy Declarations. period, whichever is earlier. B. ADDITIONAL INSURED BY CONTRACT OR This provision shall not increase the Limit of Insurance shown in the Declarations in this AGREEMENT policy or coverage part, and The following is added to Paragraph A.1., Who Is 5. The following changes are made to Paragraph An Insured of Section II - Covered Autos Liability 5. Other Insurance of B. General Conditions Coverage: under Section IV-Business Auto Conditions: When you have agreed in a written contract or a. The following is added to Paragraph 5.a.: agreement to include a person or organization as an additional "insured", such person or If required by the written contract or organization is included as an "insured" subject to agreement described above, the the following: insurance afforded to the additional insured under this provision will be 1. Such person or organization is an additional primary to, and will not seek contribution "insured" only to the extent such person or from, the additional insured's own organization is liable for "bodily injury" or insurance. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II - Covered expenses to facilitate the return of the stolen Autos Liability Coverage is deleted in its "auto"to you. entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you under the Section V- Definitions is amended to add the Transportation Expenses Coverage following: Extension will not also be covered or paid under the Rental Reimbursement Coverage An "insured contract" does not include that provided by this endorsement or any rental part of any contract or agreement: reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE -AIRBAGS person or organization for other than the The following is added to Exclusion B.3.a. of vicarious liability of such person or organization for "bodily injury" or "property Section III -Physical Damage Coverage: damage" caused by your operation or use of However, this exclusion does not apply to the a covered "auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only insurance or warranty providing such airbag to the extent such person or organization is coverage. not named as an "insured" by separate endorsement to this policy. 1. AUTO LOAN/LEASE GAP COVERAGE C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of The following is added to Paragraph A.1. Who Is Insurance. An Insured Section II - Covered Autos Liability Coverage: 4. In the event of a total "loss" to a covered Any "employee" of yours is an "insured" while "auto", we will pay the lesser of: using a covered "auto" you don't own, hire or a. Any unpaid amount due on the lease or borrow in your business or your personal affairs. loan for a covered "auto", less: D. INCREASED COVERAGE - BAIL BONDS (1) The amount under the Physical Damage Coverage section of the The Supplementary Payments Coverage policy; and Extension of Section II - Covered Autos Liability Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, abnormal wear and tear or high The Supplementary Payments Coverage mileage; Extension of Section II - Covered Autos Liability Coverage is amended as follows: (c) Security deposits not returned by The Limit of Insurance in paragraph A.2.a.(4) is the lessor; increased to$1,000. (d) Costs for extended warranties, Credit Life Insurance, Health, F. FELLOW EMPLOYEE COVERAGE Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; Section II-Covered Autos Liability Coverage does and not apply. This coverage is excess over any other (e) Carry-over balances from collectable insurance. previous loans or leases; or G. COVERAGE EXTENSION -TRANSPORTATION b. $5,000. EXPENSES However, this provision does not apply to the Paragraph A.4.a. Transportation Expenses of extent loan/lease gap coverage has been Section III - Physical Damage Coverage is provided by separate endorsement to this amended as follows: policy. 1. The Limits of Insurance are increased to $75 per day to a maximum of$2,500. Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 06 17 Office, Inc., with its permission J. GLASS REPAIR-NO DEDUCTIBLE When fire extinguishers are kept in your covered The following is added to Paragraph D.Deductible "auto" and any are discharged in an attempt to of Section ill- Physical Damage Coverage: extinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire Any Comprehensive Coverage deductible shown extinguisher(s). in the Declarations does not apply to "loss,, to glass when you elect to patch or repair rather than No deductible applies to this coverage. replace the glass. O. HIRED AUTO PHYSICAL DAMAGE K. INCREASED COVERAGE - ELECTRONIC COVERAGE EQUIPMENT The following is added to Paragraph A.4. The $1,000 limit indicated in Paragraph C.1.b. Coverage Extensions of Section III - Physical under Section III - Physical Damage Coverage is Damage Coverage: increased to$2,500. If hired "autos" are covered "autos" for Covered L. EXTENDED COVERAGE - PERSONAL Autos Liability Coverage and if Physical Damage PROPERTY Coverage is provided for any"auto"you own, then the Physical Damage coverages provided are The following is added to Paragraph A.4. extended to"autos"you lease, rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject Physical Damage Coverage on a covered "auto" to the following: may be extended to "loss" to your personal 1. The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member, that is in the covered "auto" at the time of "loss" and caused by an a. The actual cash value of the"auto"; "accident" and resulting from the ownership, b. The cost to repair or replace the"auto"; or maintenance or use of a covered "auto". The insurance provided by this coverage c. $100,000. extension is excess over any other collectible 2. Paragraph 1.above is subject to a deductible. insurance. The most we will pay for any one"loss" The deductible shall be equal to the amount of under this coverage extension is $500. However, the highest deductible shown for any owned our payment for "loss" to personal property will "auto" of the same classification for that only be for the account of the owner of the coverage. In the event there is no owned property. "auto" of the same classification, the highest deductible for any owned "auto"will apply for Under this provision, personal property does not that coverage. include and we will not pay for"loss"of currency, coins, securities or contraband. No deductible will apply to "loss" caused by No deductible applies to this coverage extension. fire or lightning. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: section of the Declarations page for any of If a private passenger type "auto" or light truck the Physical Damage coverages, then the "auto" (0-10,000 Lbs. GVW) is provided both Hired Auto Physical Damage coverage Comprehensive and Collision Coverage, we will described in this endorsement does not pay up to$150 for towing and labor costs incurred apply. each time such "auto" is disabled. If a medium, b. Other than indicated in Paragraphs a. heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under tractor "auto" (greater than 10,000 Lbs. GVW) is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is 4. In addition to the limit set forth in Paragraph 1. disabled. However, the labor must be performed above we will pay up to $500 per day, to a at the place of disablement. maximum of$3,500 per"loss"for: N. FIRE EXTINGUISHER RECHARGE a. Any costs or fees associated with the The following is added to Paragraph A.4. "loss"to a hired "auto"; and Coverage Extensions of Section IV - Physical b. Loss of use of the hired"auto", provided it Damage Coverage: is the consequence of an "accident" for which you are legally liable, and as a CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission result of which a monetary loss is (1) You, if you are designated in the sustained by the leasing or rental Declarations as an individual; concern. (2) Your partners or members, if you are However, Paragraph A.4.b. Loss of Use designated in the Declarations as a Expenses under Section III - Physical Damage partnership or joint venture, Coverage of the Business Auto Coverage Form does not apply. (3) Your members or managers, if you are designated in the Declarations as P. RENTAL REIMBURSEMENT COVERAGE a limited liability company; We will pay for rental reimbursement expenses (4) Your executive officers if you are incurred by you for the rental of an"auto"because designated in the Declarations as an of"loss"to a covered "auto". organization other than an individual, 1. Payment applies in addition to the otherwise partnership, joint venture or limited applicable amount of each coverage you have liability company; and on the covered "auto". (5) The spouse of any person named in 2. No deductible applies to this coverage. Paragraphs 1.a.(1). through 1.a.(4) while a resident of the same 3. We will pay only for those expenses incurred household, during the policy period beginning 24 hours Except: after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of (a) Any "auto" owned by that the following number of days: individual or by any memberof his a. The number of days when the covered or her household. "auto" has been repaired or replaced, or (b) Any"auto" used by that individual b. 45 days. or his or her spouse while working y in a business of selling, servicing, 4. Our payment is limited to the lesser of the repairing or parking "autos". following amounts: 2. Changes In Auto Medical Payments And a. Necessary and actual expenses incurred; Uninsured And Underinsured Motorists or Coverages b. Not more than $75 for any one day; The following is added to Who Is An Insured: 5. We will pay up to an additional $300 for the Any individual named in 1.a above and his or reasonable and necessary expenses you her "family members" are "insured" while incur to remove your materials and equipment "occupying"or while a pedestrian when being from the covered "auto" and replace such struck by any"auto" you don't own except: materials and equipment on the rental "auto". Any"auto" owned by that individual or by any 6. This coverage does not apply while there are "family member". spare or reserve "autos" available to you for 3. Changes In Physical Damage Coverage your operations. 7. If"loss"results from the total theft of a covered Any private passenger type "auto" you don't "auto" of the"private passenger type", we will own, hire or borrow is a covered "auto"while pay under this coverage only that amount of in the care, custody or control of any individual named in Q.1.a. above or his or her spouse your rental reimbursement expenses which is while a resident of the same house-hold not already provided for under the Physical except: Damage Coverage Extension of the Business Auto Coverage Form or any endorsements a. Any"auto" owned by that individual or by thereto. any member of his or her household, or However, this provision does not apply to the b. Any"auto"used by that individual or his or extent that rental reimbursement is provided her spouse while working in a business of by separate endorsement to this policy. selling, servicing, repairing or parking Q. DRIVE OTHER CAR COVERAGE "autos". 1. The following is added to Section II -Covered 4. The most we will pay for the total of all Autos Liability Coverage: damages under Covered Autos Liability Uninsured Motorists Coverage and a. Any "auto" you don't own, hire or borrow Underinsured Motorists Coverage is the Limit is a covered "auto" for Liability Coverage Of Insurance shown in the Declarations as while being used by: applicable to owned "autos". Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 0149 06 17 Office, Inc., with its permission 5. Our obligation to pay for, repair, return or T. UNINTENTIONAL OMISSIONS replace damaged or stolen property under Physical Damage Coverage, will be reduced The following is added Paragraph B.2. of Section by a deductible equal to the amount of the IV- Business Auto Conditions: highest deductible shown for any owned If you fail to disclose any hazards existing at the private passenger type "auto" applicable to inception date of this policy, such failure will not that coverage. If there are no owned private prejudice the coverage provided to you. However, passenger type "autos", the deductible shall this provision does not affect our right to collect be $250 for Comprehensive Coverage and additional premium or exercise our right of $500 for Collision Coverage. No deductible cancellation or nonrenewal. will apply to"loss"caused by fire or lightning. U. LIBERALIZATION 6. Additional Definition If we revise this endorsement to provide greater As used in this DRIVE OTHER CAR coverage without additional premium charge, we Provision: will automatically provide the additional coverage "Family member" means a person related to to all endorsement holders as of the day the the individual named in 1.a. by blood, revision is effective in your state. marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit" or "loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" or"loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV- Business Auto Conditions.- We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury" or"property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily injury"or"property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following.- COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended For purposes of this endorsement, throughout to include as an additional insured any person(s) the policy, the terms "you" and "your" refer to or organization(s) when you are obligated by the Named Insured shown in the Declarations. virtue of a written contract or agreement that such person or organization(s) be added as an B. Exclusions additional insured to your policy. With respect to the insurance afforded to these Such person(s) or organization(s) is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to "bodily injury" and "property injury" or "property damage" or "personal and damage"arising out of: advertising injury" caused, in whole or in part by: 1. The rendering of or failure to render any (1) Acts or omissions of the Named Insured; professional services by you or on your behalf, or but only with respect to either or both of the (2) The acts or omissions of those acting on following operations: behalf of the Named Insured; a. Providing engineering, architectural or surveying services to others in your and included in the "products-completed capacity as an engineer, architect or operations hazard" surveyor; and This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in agreement is: connection with construction work you 1. Currently in effect or becomes effective during perform. the term of this policy; and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other "property damage" or "personal and wrongdoing in the supervision, hiring, advertising injury". employment, training or monitoring of others by that insured, if the "occurrence"which caused the However: "bodily injury"or"property damage",or the offense a. The insurance afforded to such additional which caused the "personal and advertising insured only applies to the extent permitted by injury", involved the rendering of, or the failure to law; and render,any professional architectural, engineering b. If coverage provided to the additional insured or surveying services. is required by a contract or agreement, the 2• Subject to Paragraph 3. below, professional insurance afforded to such additional insured services include: will not be broader than that which you are a. Preparing, approving, or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission b. Supervisory or inspection activities D. Other Insurance performed as part of any related architectural or engineering activities. For purposes of this endorsement, the following is 3. Professional services do not include services added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures employed by you or performed by or for the contrary: construction manager, its employees or its This insurance is excess of all other insurance subcontractors in connection with your available to an additional insured whether on a ongoing operations. primary, excess, contingent or any other basis. C. Limits of Insurance But, if required by a written contract or written agreement to be primary and noncontributory, this With respect to the insurance afforded to these insurance will be primary to and will not seek additional insureds, the following is added to contribution from any insurance on which the Section III-Limits Of Insurance: additional insured is a Named Insured. If coverage provided to the additional insured is No other coverage or limit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 20 71 09 16 Citv of Kent Business License ALL AROUND FENCE COMPANY PO BOX 1029 RAVENSDALE, WA 98051 __________________ Please tear atperforatioH__-----_-----_----- BUSINESS LICENSE Per RCW 82.14local sales LICENSE MUST BE PAID ANNUALLY BY and use tax must be coded No. 1715 for all qualified JANUARY 1st TO AVOID PENALTY sales within the city of Issuance of License Does Not Imply Licensee's Kent. Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS O PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2171028 l J G rl — ALL AROUND FENCE COMPANY MAYOR 14323 16TH ST E Tax Registration The City of Kent SUMNER, WA 98390 Endorsement At 2204TH.AVE SO (CET.WASHINOFON 98032