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HomeMy WebLinkAboutCAG2019-480 - Original - Fence Repair/Installation-Various Park Locations Agreement Routing Form KEN T For Approvals,Signatures and Records Management Director initials WASHIN T. This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Manager initials Originator: ]an Applegate Department: Parks Date Sent: 12/3/2019 Date Required: as soon as possible Authorized � Director oR Date of ato Sign: Council n/a QMayor Approval: Budget 15106404.64190.xxxx Grant? Yes ❑✓ No Account Number: 857W P20019.64190.530 Type: N/A Vendor All Around Fence Company Category.9 ►y. Contract Name: C Vendor 33539 Sub-Category o Number: 0 Project E Name: Fence Repair/Installation-Various Locations 0 C Project Fence repairs at Hogan Park, Kent Memorial Park,Springwood Park. Fence install at Service Club. �. Details: c E Agreement Basis for 0 $8811.00 Amount: Selection of Other v+ Contractor: a Start Date: 12/3/2019 Termination Date: 01/31/2020 Notice required prior to Yes No Contract Number: disclosure? ❑ ❑� �.�Cr oZO��j 'yc90 Date Received by City Attorney: Comments: c 0 lol: N 41 L 3 i.r C Date Routed to the Mayor's Office: N y Date Routed to the City Clerk's Office: d Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT wAs �.o 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 161h Street East, Sumner WA 98390-9633, Mailing Address: P.O. Box 1029, Ravensdale WA 98051-8101. Contact: Ron D;3gley, 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: Per Contractor's Estimates attached as Exhibit A: Estimate dated 11/6/2019 for Nursery at Hogan Park at Russell Road located at 24400 Russell Road, Kent WA 98032. Repair/replace approximately 5 foot by 10 foot section of gray chain link fence. Estimate dated 11/6/2019 for fence/gate repairs at seven (7) locations at Kent Memorial Park, located at 850 Central Avenue North, Kent WA 98032. Estimate dated 11/6/2019 for fence repairs at three (3) locations at Springwood Park, located at 12700 SE 27411 Street, Kent WA 98030. Estimate 3395 dated 11/13/2019. Supply labor and materials to install 140 foot by 6 foot black chain link fencing for the North Property Line at Service Club Ballfields, located at 14608 SE 288th Street, Kent WA 98030. 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 January 31, 2020 . III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed EIGHT THOUSAND EIGHT HUNDRED ELEVEN DOLLARS AND NO CENTS ($8,811.00), 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. PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) 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 the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaae. 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. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) 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. 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 PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) 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. 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 PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 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 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. PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) 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 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 PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) 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. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACT: J CITY OF ENT: � By: By. QQ (sigetu ) (signature) Print Name: r1� Pri rtName: Garin Lee, Its. 1p"toi(Qt., (title) Its: Parks Operations Superintendent DATE: tlk25113 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 (cell) or (253) 863-0704 (facsimile) i (253) 856-5133 (telephone) G 253 856-6120 facsimile ATTEST: Kent City Itlerk PUBLIC WORKS AGREEMENT- 7 ($20K or Less and No Performance Bond) PUBLIC WORKS AGREEMENT - 8 ($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 below, I agree to fulfill the five requirements referenced above. A By: k For: Tl Title: Date: kX1 2SI� 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 (November 6, 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 BY: _ . __ —.& ts� Signature of Authorized Offici l"` "rt- Printed rNme: 1 _ate D Q Ti Date:_ -5/ 1`) City and State: �Q�-�P�✓lS� � �� *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 - I EXHIBIT A Time of Q irrJa All Around Fence Co. (AAFCO) �a On-site es ' ate a e: L�� Licensed, bonded,and insured. %� /,, PhoneJEmailquot date: PO Box 1029 Ravensdale,WA 98051Estimator's t� l 1 � � Estimator s name: \ FENCE CO. Office: 253-863-4895 Fax:253-863-0704 Revised date: office use Email:allaroundfence@msn.com Revised date: M/o: Job name: . G Zk- i�(/`1 PROPOSAL/CONTRACT LIC4ALLARAF839KS Contact person. / Mgmt Co. Phone#1: g 3 _ Phone#2: Job Site address:?_L L &uj 32 Billing Address if d ll: Email: J ( lilt c� tt- 1/a_a0V - Billing email if dill: Black White Grey Orna- I Wood Gay Tan mental Other Chain SpSp Order link Vinyl Iron Footage f i Height i I i i POSTS I i Terminal - - Line Gate I I Material specs Z V Top rail 5Ar i Middle rail Bottom rail S i Lt Tension wire — Wood styles: Notes: Price: 00 Standard Estate ❑ ,� 10 Full Panel ❑ Tax to be added if applicable Picture Frame ❑ *We do not stain or paint fences. Kirkland ❑ *This contract in printed or electronic form is subject to the terms and conditions of which are made a part hereof by this Rambler❑ reference. *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. Horizontal ❑ *We do not warranty wood gates over 10'wide,no exceptions. Shadow Board ❑ *We have a$600.00 minimum plus materials. If you change your Job and the price falls below that cost,you may be required to Lattice Top ❑ pay the$600.00 minimum plus materials price. Most of our correspondence is done by email. Custom ❑ *This proposal may be withdrawn by AAFCO if not accepted within 30 days. Gates: *Payment is due upon receipt of in ce(of which we email). We accept checks&money orders. For a fee,we also accept debit and credit cards. Single walk❑ *The customer is responsible'ice kin eir private utility locations and fence lines. Single drive❑ *AI:I,AROUND FENCF,CO OT RESPONSIBLE FOR SPRINKLER LIIvES. Double drive❑ *One year warranty on wor s at rials supplied by AAFCO. Roll ❑ Estimator's Authorization: _ Hillside❑ The prices,specifications,and conditi ns are satisfactory, understood,and are hereby accepted by my Clearing (incudedif, signature below: Tear out au away , (included if check Customer's s signature: Date: All Around Fence From: Ron Dagley <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 1:00 PM To: All Around Fence Subject: COK Hogan Park nursery '"tii ' hill ,'`WA E � ,,,. � r ��- S► it :�. I R'l k 1S r+.E 4 :a w v k Sent from my iPhone 1 Time of estimate: A� All Around Fence Co. (AAFCO) On-site estim to Pt� �, io Licensed, bonded, and insured. � Phone/Email quote date: iffi( " f PO Box 1029 Ravensdale,WA 98051 Estimator's name: )2CV, FENCE CO. Office: 253-863-4895 Fax:253-863-0704 Revised date: Office use Email:allaroundfence@msn.com Revised date: M/o: Job name:C �� f" Alai,�,r' t f PROPOSAL/CONTRACT LIC#ALLARAF839KS Contact person: e 6K r Mgmt Co. : Phone#1: (753)29(P_ ) 3 Phone#2: Job site address: D q, L.&/e 4 n } Biihng Address if dill Email: (9 I I I Billing email if diff Black Galy WhiTan Greyte Orna- —- — — — Wood mental Other ) Chain Sp Order -- link Vinyl Iron Footage Height i POSTS Terminal Line Gate Material specs " Top rail _ ... Middle rail - - Bottom rail j Tension wire L Wood styles: Notes: CS�� PI Gres a �� Q O Price: OD Standard Estate ❑ l (a O g Full Panel ❑ Tax to be added if applicable Picture Frame ❑ *We do not stain or paint fences. Kirkland ❑ *This contract in printed or electronic form is subject to the terms and conditions of which are made a part hereof by this Rambler❑ reference. *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. Horizontal ❑ *We do not warranty wood gates over 10'wide,no exceptions. Shadow Board ❑ *We have a$600.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required to pay the$600.00 minimum plus materials price. Lattice Top ❑ *Most of our correspondence is done by email. Custom ❑ *"Phis proposal may be withdrawn by AAFCO if not accepted within 30 days. Gates: *Payment is due upon receipt of invoice(of which we email). We accept checks&money orders. Fora fee,we also accept debit and credit cards. Single walk❑ *The customer is responsible for marking their private utility locations and fence lines. Single drive❑ *ALL AROUND FENCE COMPANY IS NOT RESPONSIBLE..FOR SPRINKLER LINES. Double drive El *One year warranty on workmanship&materials supplied by AAFCO. Roll❑ Estimator's Authorization: Hillside❑ The prices,specifications,and conditions are satisfactory,understood,and are hereby accepted by my Baring (included if signature below: hp TeaLlmolluft Haul away (included if checked) ❑ Customer's signature: Date All Around Fence From: Ron Dagley <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 2:26 PM To: All Around Fence Subject: Kmp#1 �► . MWPAZ 4WON Sent from my Whone i Thursday,All Around Fence From: Ron Dagley <allaroundfence98390@gmaii.com> To: • • Fence • • repair at •. Sent .• • ��► �,.� ,•Mej �� fib`., �� '� # � f t ` � C l 1 from • All Around Fence From: Ron Dagley <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 2:30 PM To: All Around Fence Subject: Kmp repair#3 OVA MA I MOM ► MIWWAO�MA Sent from my Whone i All Around Fence From: Ron Dag►ey <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 2:33 PM To: All Around Fence Subject: Repair#4 kmp PII I Sent from my iPhone i e ` NOW mow 1 �kT 41 ILI x # 1} ^a !K y : { a , t i y toil y ` f ✓ * Law 4 "+ . . Ar / tti Fit ht• T ' 74 At Jtt .' rt a ij r. , All Around Fence From: Ron Dagley <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 2:37 PM To: All Around Fence Subject: Repair#7 i I u Sent from my Whone i -� All Around Fence Co. (AAFCO) Time of estimate: On-site esti ate a ARpG� Licensed, bonded,and insured. 1 Phone/Email quote date: ! PO Box 1029 Ravensdale,WA 98051 t Estimator s name: FENCE CO. Office: 253-863-4895 Fax:253-863-0704 Revised date: office use Email:allaroundfence@msn.com Revised date: M/D: Job name: PROPOSAL/CONTRACT LIC#ALLARAF839KS i 'm (!o Contact perso > Clr 1 Mgmt Co. : Phone#1: Z 2� �7> Phone#2: Job site address: 12� 00 (� � 1- � (? &3 ) 2 N I �iilin Ad ess ifditT Email: t �a [ C1 C J L 1 Billing email if dill: VI i Black WhiteGrey Orna- Galy Wood ran mental Other Chain Sp Order -- -- link Vinyl Iron Footage I Height POSTS Terminal Line Gate i Material specs Top rail i i Middle rail Bottom rail Tension wire Wood styles: Notes: C %L -t le-s a vA t D Price: -7 00 Standard Estate ❑ Ci J 4 1 Full Panel ❑ Tax to be added if applicable Picture Frame ❑ *We do not stain or paint fences. Kirkland ❑ *This contract in printed or electronic form is subject to the terms and conditions of which are made a part hereof by this Rambler❑ reference. *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. Horizontal ❑ *We do not warranty wood gates over 10'wide,no exceptions. Shadow Board ❑ *We have a$600.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required to pay the$600.00 minimum plus materials price. Lattice Top ❑ *Most of our correspondence is done by email. Custom ❑ *This proposal may be withdrawn by AAFCO if not accepted within 30 days. Gates: *Payment is due upon receipt of invoice(of which we email). We accept checks&money orders. For a fee,we also accept debit and credit cards. Single walk❑ *The customer is responsible for marking the' rivate utility locations and fence lines. Single drive❑ *ALL AROUND FENCE COMPANY IS. t ESPONSIBLF,FOR SPRIN'KI.ER LINES. Double drive Cl *One year warranty on workmanship&m r ed by AAFCO. Roll ❑ Estimator's Authorization: Hillside❑ The prices,specifications,and conditions are satisfactory,understood,and are hereby accepted by my Baring (included if signature below: Tear out&Haul away (included f checked) n Customer's signature: Date: All Around Fence From: Ron Dagley <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 2:19 PM To: All Around Fence Subject: Springwood Park#1 'O,;FIr 5 }Sway ; 1 4. Sent from my Whone All Around Fence From: Ron Dagley <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 2:21 PM To: All Around Fence Subject: Springwood Park#2 s e a Sent from my Whone All Around Fence From: Ron Dagley <allaroundfence98390@gmail.com> Sent: Thursday, November 7, 2019 2:23 PM To: All Around Fence Subject: Springwood Park#3 .�. A MIN . t r Sent from my iPhone 1` s s Lox- CL r ' wni A. Aki Ir ..r IV z' a q3 # a re r 3' y d t �y; 4 } 3i it r r , ��;AROpy All Around Fence Company Estimate Q �m,_ o it PO Box 1029 -- FENCECO. Ravensdale WA 98051 Date Estimate# 11/13/201 3395 Name / Address Job Site Address City of Kent North Property Line 220 4th Ave S C_U(3 3 6�-15PS Kent WA 98032 Rep RD Description Total �.._ -- Supply labor and materials to install 140' x 6' black chain link fencing for 4,720.00T the North Property Line Signature Date We look forward to working with you! Subtotal $4,720.00 Phone # Fax # Sales Tax (10.0%) $472.00 253-863-4895 253-863-0704 Total $5,192.00 E-mail Web Site allaroundfence@msn.com www.allaroundfencewa.com 11/21/2019 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: 11/21/2019 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: l. 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 A: E. 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. ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2019 Y) III.I „/,8/ 019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen L Padilla NAME: Bell Anderson Agency,Inc. a/c°a o Ext: (425)291-5200 FAX No): (425)291-5100 600 SW 39th St,Suite 200 E-MAIL karenp@bell-anderson.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC p Renton WA 98057 INSURER A: Continental Western Insurance Company 25844 INSURED INSURER B All Around Fence Company INSURER C: PO BOX 1029 INSURER D: INSURER E: Ravensdale WA 98051 INSURER F: COVERAGES CERTIFICATE NUMBER: CL19111837919 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AIJUL 5UtJR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 10,000 A Y CPA602961224 12/01/2019 12/01/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT LOC PRODUCTS $PRO POLICY X 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y CPA602961224 12/01/2019 12/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE CPA602961224 12/01/2019 12/01/2020 AGGREGATE $ 2,000,000 DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A CPA602961224-WA Sto E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? p Gap 12/01/2019 12/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent Parks Maintenance ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CL CG 05 29 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES 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: 1. 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: 1. 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 thefollowing: 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 Page 1 of 2 Office, Inc., with its permission those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 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 CL CG 05 29 10 18 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CLCG20710916 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 following operations: (2) The acts or omissions of those acting on 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 or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured 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 Pagel of 2 Office, Inc., with its permission b. Supervisory or inspection activities D. Other Insurance performed as part of any related For purposes of this endorsement,the following is architectural or engineering activities. added to the Section IV - Commercial General 3. Professional services do not include services Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures contrary: employed by you or performed by or for the This insurance is excess of all other insurance construction manager, its employees or its available to an additional insured whether on a subcontractors in connection with your primary, excess, contingent or any other basis. ongoing operations. But, if required by a written contract or written C. Limits of Insurance 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 CL CG 20 71 09 16 Office, Inc., with its permission 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. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included CompanyAnd Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft (Increased to maximum length of less than 51 Included feet J. Supplementary Payments—Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice 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 is: 1. Section II —Who Is An Insured is amended (1) Currently in effect or becoming to include as an insured any person or effective during the term of this policy, organization (referred to as an additional and insured below) described in Paragraphs AA.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed 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; ii "Bodily in u or "property and (��) Y 1 rY' damage"occurring after: (b) Any other person or organization (1.1) All work, including you are required to add as an materials, parts or additional insured under the contract or agreement described equipment furnished in connection with such in paragraph(a)above. 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 The (1.2) That portion of "your (u) e acts or omissions o work" out of which the those acting on your behalf; injury or damage arises in the performance of your ongoing 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 contractor or insureds, the following additional exclusions apply: subcontractor engaged in pp y: performing operations for This insurance does not apply to: a principal as a part of the (i) "Bodily i nj u rY', .property same project. damage" or "personal and (2) Managers Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the only with respect to liability arising out failure to render, any of the ownership, maintenance or use professional architectural, 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 (a) This insurance applies only with and arising out of the ownership, respect to: maintenance, or use of a covered premises by you. (1) 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, or construction or demolition 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, maintenance or use of whom you lease equipment but only any elevators covered with respect to liability for "bodily 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 subdivision has issued a A person's or organization's status as permit or authorization. an additional insured under this 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 (iii)Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, (iv) Repackaging, except when municipality, governmental agency or subdivision or other unpacked solely for the political subdivision. purpose of inspection, demonstration, testing, or the (7) Controlling Interest 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 inspections, adjustments, (b) Premises they own, maintain or tests or servicing as the control while you lease or occupy vendor has agreed to make these premises. 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 operations, except such A co-owner of a premises co-owned operations performed at the by you and covered under this vendor's premises in insurance but only with respect to the connection with the sale of co-owner's liability as co-owner of the product; such premises. (vii) Products which, after (9) Vendors distribution or sale by you, (a) Any person(s) or organization(s) have been labeled or relabeled or used as a (referred to as vendor), but only container, part or ingredient with respect to "bodily injury" or of any other thing or "property damage" arising out of substance by or for the "your products" which are vendor; or distributed or sold in the regular 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 (i) "Bodily injury" or "property or those of its employees or damage" for which the 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 (1.1) The exceptions written contract or written contained in Sub- agreement. This exclusion paragraphs (iv) or does not apply to liability for damages that the vendor (vi); or would have in the absence of (1.2) Such inspections, the written contract or written adjustments, tests or agreement, servicing as the (ii) Any express warranty vendor has agreed to make or normally unauthorized by you; 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 Exclusion 2.a. Expected Or Intended Injury of distribution or sale of Section I — Coverage A — Bodily Injury And the products. Property Damage Liability is deleted and (b) This insurance does not replaced by the following: apply to any insured person a. Expected Or Intended Injury Or Damage or organization, from whom 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 Paragraph 2.a. Duties In The Event Of apply: 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 contract or 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 part, then the following provisions apply: whichever is less. 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 you or temporarily occupied by you with damage by fire, lightning, explosion, "smoke", permission of the owner; or leakage from automatic fire protective 5. Subparagraph a. of Definition 9. "Insured systems to premises while rented to you or contract" of Section V — Definitions is temporarily occupied by you with the deleted and replaced by the following: permission of the owner. A separate limit of insurance applies to this coverage as a. A contract for a lease of premises. described in Section III — Limits Of However, that portion of the contract for a Insurance. 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 permission of the owner is not an"insured Paragraphs (1), (3) and (4) of this exclusion contract". do not apply to"property damage" (other than 6. As used in this Provision D. Legal Liability— damage by fire, lightning, explosion, "smoke", Damage To Premises Rented To You: or leakage from automatic fire protective systems) to premises, including the contents "Smoke" does not include smoke from of such premises, rented to you for a period of agricultural smudging, industrial operations or seven or fewer consecutive days. A separate "hostile fire". limit of insurance applies to Damage To E. MEDICAL PAYMENTS Premises Rented To You as described in 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 and replaced by the following: b. The Damage To Premises Rented To 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 or resurfacing; or automatic fire protective systems, while 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 II —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, other than a joint venture, and over which you 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. 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, joint venture or limited owner of a newly acquired or formed liability company; limited 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 I. NON-OWNED WATERCRAFT organization. However, for these organizations: Subparagraph (2) of Exclusion 2.g. Aircraft, (1) 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 — Coverages A And B is changed as follows: (iii) Section I—Coverage B—Personal And 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 6. insurance; Representations of Section IV — Commercial General Liability Conditions: (v) Coverage only applies for those limited 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. The following is added to Paragraph 8. Transfer H. WHO IS AN INSURED—AMENDMENT 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 payments we make for injury or damage arising a. Current partnership or limited liability 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 II — 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 11 — 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 GENERAL LIABILITY CL CG 00 20 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one 'occurrence" for "property damage" to borrowed equipment is $15,000. This limit of insurance is the most we will pay regardless of the number of: a. Insureds, b. Claims made or"suits" brought, or c. Persons or organizations making claims or bringing "suits". 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of$250 as applicable to "property damage" as the result of any one 'occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds, (2) Claims made or"suits" brought, or (3) Persons or organizations making claims or bringing "suits". CL CG 00 20 10 18 Includes copyrighted material of Insurance Services Page 1 of 4 Office, Inc., with its permission c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project away from premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable, and b. Such payments shall not reduce any Single Construction Project General Aggregate Limit. 3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. 4. If the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. C. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I -Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants", or (b) At or from a storage tank or other container, ducts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a"hostile fire". (2) Any loss. cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Page 2 of 4 Includes copyrighted material of Insurance Services CL CG 00 20 10 18 Office, Inc., with its permission (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of"property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or"suit" by or on behalf of a governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": a. The"Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section III) does not apply. c. Paragraph 1. of Section III - Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds, (2) Claims made or"suits" brought, or (3) Persons or organizations making claims or bringing "suits". d. The following are added to Section III - Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of "bodily injury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants" is $100,000 aggregate. 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section 1 -COVERAGES: We will pay, at your request for"property damage"to that part of any property: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations, or b. That must be restored, repaired or replaced because"your work"was incorrectly performed on it. This insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your insured premises and incidental to your business. Exclusions j.(3),(4),(5) and (6) do not apply to this coverage. This insurance does not apply to "property damage" included within the "explosion hazard", the "collapse hazard" or the"underground property damage hazard". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III - LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 1. Unless a higher limit is shown in the Declarations, the most we will pay in any one 'occurrence" for "property damage" under this endorsement is $15,000. 2. Unless a higher limit is shown in the Declarations, the most we will pay for all covered "occurrences" during any one policy period is $15,000 Aggregate Limit of Insurance. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for CL CG 00 20 10 18 Includes copyrighted material of Insurance Services Page 3 of 4 Office, Inc., with its permission purposes of determining the Limits of Insurance. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one 'occurrence", regardless of the number of persons or organizations who sustain damages because of that'occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages, and your duties in the event of an "occurrence", claim, or "suit"apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our property. Any payment made by us shall not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1) Paragraph 4.a. Primary Insurance is deleted. (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V-DEFINITIONS: a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage" means the collapse of or structural injury to any building or structure due to: (1) Grading of land, excavating, burrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property damage hazard" includes "underground property damage" and any resulting "property damage" to any other property at any time. e. "Underground property damage" means "property damage" to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, burrowing, filling, back-filling or pile driving. Page 4 of 4 Includes copyrighted material of Insurance Services CL CG 00 20 10 18 Office, Inc., 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.1. Who Is Paragraph A.1. Who Is An Insured of Section An Insured of Section II - Covered Autos Liability II - 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 2. The written contract or agreement described company or any organization excluded either by above must have been executed prior to the this Coverage Part or by endorsement, and over "accident" that caused the "bodily injury" or which you maintain ownership or majority interest "property damage" and be in effect at the time of more than 50 percent will qualify as a Named of such "accident", Insured. However: 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. This provision shall not increase the Limit of B. ADDITIONAL INSURED BY CONTRACT OR 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 W- 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 If required by the written contract or an additional "insured", such person or agreement described above, the organization is included as an "insured" subject to insurance afforded to the additional the following: 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 "auto"to you. Autos Liability Coverage is deleted in its 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 Section III - Physical Damage Coverage: organization for bodily injury" or "property 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 I. AUTO LOAN/LEASE GAP COVERAGE endorsement to this policy. 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 4. In the event of a total "loss" to a covered Coverage: "auto", we will pay the lesser of: Any "employee" of yours is an "insured" while 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 (c) Security deposits not returned by Coverage is amended as follows: the lessor, The Limit of Insurance in paragraph A.2.a.(4) is 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 AA.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 III - 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 No deductible applies to this coverage. glass when you elect to patch or repair rather than 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 a. The actual cash value of the "auto"; "auto" at the time of "loss" and caused by an "accident" and resulting from the ownership, b. The cost to repair or replace the"auto", or maintenance or use of a covered "auto". C. $100,000. The insurance provided by this coverage 2. Paragraph 1. above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for any one"loss" the highest deductible shown for any owned under this coverage extension is $500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest property. 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, No deductible will apply to "loss" caused by coins, securities or contraband, fire or lightning. No deductible applies to this coverage extension. 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 4. In addition to the limit set forth in Paragraph 1. labor costs incurred each time such "auto" is disabled. However, the labor must be performed above will pay up to $500 per day, to a at the place of disablement. maximumm of$3,500 per"loss"for: N. FIRE EXTINGUISHER RECHARGE a. Any costs or fees associated with the "loss"to a hired "auto"; and The following is added to Paragraph A.4. b. Loss of use of the hired "auto", provided it Coverage Extensions of Section IV - Physical 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 member of 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 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 your rental reimbursement expenses which is named in Q.1.a. above or his or her spouse not already provided for under the Physical while a resident of the same house-hold Damage Coverage Extension of the Business except: 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 01 49 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 The following is added Paragraph B.2. of Section Physical Damage Coverage, will be reduced IV- Business Auto Conditions: by a deductible equal to the amount of the 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 Citv of Kent Business License ALL AROUND FENCE COMPANY PO BOX 1029 RAVENSDALE, WA 98051 Please tear atperforation------------------- BUSINESS LICENSE Per RCW 82.14 local 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 3LOC-2171028 l J D-(\-a- kLL AROUND FENCE COMPANY MAYOR 14323 16TH ST E The Cit of Kent ;UMNER, WA 98390 Tax Registration y Endorsement At 110 4T H AVE SO KENT.WASHh1OrON 98032