HomeMy WebLinkAboutCAG2020-159 - Original - Roads Paving Washington, LLC - Green River Trail Asphalt Paving at South 212th Street - 06/02/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
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KETW^sirForcNPUBLIC WORKS AGREEMENTbetween City of Kent andRoads Paving Washington, LLCTHIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation(hereinafter the "City"), and Roads Paving Washington, LLC organized under the laws of the State ofWashington, located and doing business at 12514 S.E. 270th Street, Kent WA 98030; Phone:253-630-5589, Fax: 253-545-0642 (hereinafter the "Contractor").AGREEMENTThe parties agree as follows:I. DESCRIPTION OF WORK.Contractor shall perform the following services for the City in accordance with the followingdescribed plans andlor specifications:Contractor to furnish all materials and necessary equipment and perform all labor necessaryto complete the work as described in attached ContracffProposal No. 09475, dated March 6,2020 and marked as Exhibit A for the 8 foot by 367 foot pathway of the Green RiverTrail atSouth 212th Street, Kent WA 98032.Contractor further represents that the services furnished under this Agreement will be performed inaccordance with generally accepted professional practices within the Puget Sound region in effect at thetime such services are performed.il, TIME OF COMPLETION, The parties agree that work will begin on the tasks described inSection I above immediately upon execution of this Agreement. Upon the effective date of thisAgreement, Contractor shall complete the work described in Section I by August 31, 2020.ilI. COI,IPENSATION, The City shall pay the Contractor a total amount not to exceedEIGHTEEN THOUSAND FOUR HUNDRED FIFTY TWO DOLLARS AND FIFTY CENTS ($18,452.50), includingany applicable Washington State Sales Tax, for the work and services contemplated in this Agreement.The City shall pay the Contractor eighty-five percent (B5o/o) of the Contract amount upon completion andacceptance of the work by the City, or at such earlier time as the City may determine is appropriate. TheCity will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughoutthis Agreement.A.No Payment and Performance Bond. Because this contract, including applicable salestax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieuof providing the City a payment and performance bond, has elected to have the Cityretain the final ten percent (10o/o) of the Contract amount for a period of thirty (30)days after the date of final acceptance, or until receipt of all necessary releases fromthe State Department of Revenue, the State Department of Labor & Industries, andPUBLIC WORKS AGREEMENT - 1($2AK or Less and No Pefformance Bond)
F' The Contractor has a valid contractor registration pursuant to Ch. LA.27 RCW or anelectrical contractor license pursuant to Ch. 19.29 RCW.G' The Contractor maintains a set of books dedicated to the expenses and earnings ofits business.V' TERMINATION' The City may terminate this Agreement for good cause. *Good cause'.shall lnclude, without limitation, any one or more of the following events:A. The Contractor's refusal or failure to supply a sufficient number of properly skilledworkers or proper materials for completion of the contract work,B. The Contractor's failure to complete the work within the time specified in thisAgreement.c.The Contractor's failure to make full and prompt payment to subcontractors or formaterial or labor.DThe Contractor's persistent disregard of federal, state or tocal laws, rules orregulations.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 furthermoney due under this Agreement until the Contract work is completed. After termination, the City maytake possession of all records and data within the Contractor's possession pertaining to this project whichmay be used by the City without restriction.VI. PREVAILING WAGES, Contractor shall file a "statement of Intent to Pay PrevailingWages," with the State of Washington Department of Labor & Industries prior to commencing the Contractwork. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed byContractor, and comply with Chapter 39. L2 of the Revised Code of Washington, as well as any otherapplicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by theDepartment of Labor and Industries is attached.VII. CHANGES. The City may issue a written change order for any change in the Contract workduring the performance of this Agreement. If the Contractor determines, for any reason, that a changeorder is necessary, Contractor must submit a written change order request to the person listed in thenotice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the dateContractor knew or should have known of the facts and events giving rise to the requested change. If theCity 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 withthe Contractor on all equitable adjustments. However, if the parties are unable to agree, the C6y willdetermine the equitable adjustment as it deems appropriate. The Contractor shall proceed with thechange order work upon receiving either a written change order from the City or an oral order from theCity before actually receiving the written change order. If the Contractor fails to require a change orderwithin the time specified in this paragraph, the Contractor waives its right to make any claim or submitsubsequent change order requests for that portion of the contract work. If the Contractor disagrees withthe equitable adjustment, the Contractor must cornplete the change order work; however, the Contractormay 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 aseparate acceptance, or (3) not protesUng in the way this section provides. A change order that isaccepted by Contractor as provided in this section shall constitute full payrnent and final settlement of allclaims for contract time and for direct, indirect and consequential costs, including costs of delays relatedto any work, either covered or affected by the change.PUBLIC WORKS AGREEMENT. 3($2OK or Less and Na Peffarmance Bond)
the State Employment Security Department, and until settlement of any liens filedunder Chapter 60.28 RCW, whichever is later.B.Retainage. The City shall also hold back a retainage in the amount of five percent(5%) of any and all payments made to contractor for a period of sixty (60) daysafter the date of final acceptance, or until receipt of all necessary releases from theState Department of Revenue, the State Department of Labor & Industries, and theState Employment Security Department, and until settlement of any liens filed underChapter 60.28 RCW, whichever is later. The amount retained shall be placed in afund by the City pursuant to RCW 60.28.011(4Xa), unless otherwise instructed bythe Contractor within fourteen (14) calendar days of Contractor's signature on theAgreement.c.Defective or Unauthorized Work. The City reserves its right to withhold paymentfrom Contractor for any defective or unauthorized work. Defective or unauthorizedwork includes, without limitation: work and materials that do not conform to therequirements of this Agreement; and extra work and materials furnished without theCity's written approval. If Contractor is unable, for any reason, to satisfactorilycomplete any portion of the work, the City may complete the work by contract orotherwise, and Contractor shall be liable to the City for any additional costs incurredby the City. "Additional costs" shall mean all reasonable costs, including legal costsand attorney fees, incurred by the City beyond the maximum Contract price specifiedabove. The City further reserves its right to deduct the cost to complete theContract work, including any Additional Costs, from any and all amounts due or tobecome due the Contractor.DFinal Pavrnenf' Weiwer nf (-lairncTHE CONTRACTOR'S ACCEPTANCE OF FINALPAYMENT (EXCLUDING WMHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OFCONTRACTOR'S CIAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE ANDIDENTIFIED BY CONTMCTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADEAND 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 inaccordance 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 itswork, 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 whichContractor's services under this Agreement will be performed.The Contractor has an established and independent business that is eligible for abusiness deduction for federal income tax purposes that existed before the Cityretained 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.The Contractor is responsible for filing as they become due all necessary taxdocuments with appropriate federal and state agencies, including the Internal-r. Revenue Service and the state Department of Revenue.The Contractor has registered its business and established an account with the stateDepartment of Revenue and other state agencies as may be required by Contractor'sbusiness, and has obtained a Unified Business Identifier (UBI) number from theState of Washington.PUBLIC WOR,KS AGREEMENT - 2($20K or Less and No Performance Bond)cDE
vul. cLAIMs. If the Contractor disagrees with anything required by a change order, anotherwritten order, or an oral order from the City, including any Jirection, instruction, interpretation, ordetermination by the City, the Contractor may file a claim as provided in this section. The Contractor shallgive written notice to the City of all claims within fourteen 1i+1 calendar days of the occurrence of theevents giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew orshould have known of the facts or events giving rise to the claim, whichever occurs first . Any claim fordamages, additional payment for any reason, or extension of time, whether under this Agreement orotherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely writtenclaim is made in strict accordance with the applicable provisions oi this Agreement.At a minimum, a Contractor's written claim shall include the information set forth in subsections A,itemslthrough5below.FAILURE TO PROVIDE A CO}IPLETE, WRITTEN NOTIFICATION OF CTAIM WITHINTHE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING INANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CI-AIM OR CAUSEDBY THAT DEIAY.Notice of Claim.information:Provide a signed written notice of claim that provides the followingAB.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 estimatewas determined; and5. An analysis of the progress schedule showing the schedule change ordisruption if the Contractor is asserting a schedule change or disruption.Records. The Contractor shall keep complete records of extra costs and time incurred as aresult of the asserted events giving rise to the claim. The City shall have access to any ofthe Contractor's records needed for evaluating the protest.The City will evaluate all claims, provided the procedures in this section are followed. If theCity determines that a claim is valid, the City will adjust payment for work or time by anequitable adjustment. No adjustment will be made for an invalid protest.Contractor's Dutv to Comolete Protested Work. In spite of any claim, the Contractor shallproceed promptly to provide the goods, materials and services required by the City underthis Agreement.Failure to Protest Constitutes Waiver. By not protesting as this section provides, theContractor also waives any additional entitlement and accepts from the City any writLen ororal order (including directions, instructions, interpretations, and determination).Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of thissection, the Contractor completely waives any claims for protested work and accepts fromthe City any written or oral order (including directions, instructions, interpretations, anddetermination).IX. LTMTTATION OF ACTIONS. CONTMCTOR MUST, IN ANy EVENI FILE ANy I-AWSUITARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATETHE CONTMCT WORK TS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CIAIM OR SUIT SHALL BEFOREVER BARRED. THIS SECTION FURTHER UMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all workprovided under this Agreement in accordance with the provisions of this Agreement. The Contractor shallPUBLIC WORKS AGREEMENT - 4($2OK or Less and No Performance Bond)c.DE.
promptly correct all defects in workmanship and materials: (1) when Contractor knows or should haveknown of the defect, or (2) upon Contractor's receipt of notification from the City of the existence ordiscovery of the defect. In the event any parts are repaired or replaced, only original replacement partsshall be used-rebuilt or used parts will not be acceptable. When defects are corrected, the warranty forthat portion of the work shall extend for an additional year beyond the original warranty p".ioO applicableto the overall work' The Contractor shall begin to correct any defects within seven (7) calendar days of itsreceipt of notice from the City of the defect. If the Contractor does not accomplish ihe corrections withina reasonable time as determined by the City, the City may complete the corrections and the Contractorshall pay all costs incurred by the City in order to accomplish the correction.XI. DISCRIMINATfON. In the hiring of employees for the performance of work under thisAgreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of theContractor or sub-contractor shall not, by reason of race, religion, coloi, sex, age, sexual orientation,national origin, or the presence of any sensory, mental, or physical disability, diicriminate against anyperson 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 policyDeclaration, Comply with City Administrative Policy 1.2, and upon comptetion of the contract work, file theattached 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 orsuits, including all legal costs and attorney fees, arising out of or in connection with the Contractor'sperformance of this Agreement, except for that portion of the injuries and damages caused by the City'snegligence.The City's inspection or acceptance of any of Contractor's work when completed shall not begrounds to avoid any of these covenants of indemnification.Should a court of competent jurisdiction determine that this Agreement is subject to RCW4.24.II5, then, in the event of liability for damages arising out of bodily injury to persons or damages topropefi 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 Cityharmless, and Contractor's liability accruing from that obligation shall be only to the extent of theContractor's negligence.IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATIONPROVIDED HEREIN CONSTITUTES THE CONTMCTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIALINSUMNCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIESFURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAruER.In the event Contractor refuses tender of defense in any suit or any claim, if that tender was madepursuant to this indemnification clause, and if that refusal is subsequently determined by a court havingjurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, thenContractor shall pay all the City's costs for defense, including all reasonable expert witness fees andreasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongfulrefusal on the Contractor's part.The provisions of this section shall survive the expiration or termination of this Agreement.XIII. INSURANCE. The Contractor shall procure and maintain for the duration of theAgreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated bythis reference.XIV. WORK PERFORIIIED AT CONTRACTOR'S RISK. Contractor shall take all necessaryprecautions and shall be responsible for the safety of its employees, agents, and subcontractors in theperformance of the contract work and shall utilize all protection necessary for that purpose. All work shallPUBLIC WORKS AGREEMENT - 5($2OK or less and No Performance Bond)
be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage tomaterials, tools, or other articles used or held for use in connection with the work.XV. MISCELLANEOUS PROVISIONS.A' Recvclable Materials, Pursuant to Chapter 3,80 of the Kent City Code, the City requires itscontractors and consultants to use recycled and recyclable products whenever practicable. A pricepreference 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 thecovenants and agreements contained in this Agreement, or to exercise any option conferred by thisAgreement in one or more instances shall not be construed to be a waiver or relinquishment of thosecovenants, agreements or options, and the same shall be and remain in f ull force and effect.C. Resolution of Disputes and Governing Law. This Agreement shall be governed by andconstrued in accordance with the laws of the State of Washington. If the parties are unable to settie anydispute, difference or claim arising from the parties' performance of this Agreement, the exclusive meansof resolving that dispute, difference or claim, shall only be by filing sult exclusively under the venue, rulesand jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree inwriting to an alternative dispute resolution process. In any claim or lawsuit for damages arising from theparties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurredin defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery oraward provided by law; provided, however, nothing in this paragraph shall be construed to limit the City'sright to indemnification under Section XII of this Agreement.D. Written Notice. All communications regarding this Agreement shall be sent to the parties atthe addresses listed on the signature page of the Agreement, unless notified to the contrary. Any writtennotice hereunder shall become effective three (3) business days after the date of mailing by registered orcertified mail, and shall be deemed sufficiently given if sent to the addressee at the addiess stated in thisAgreement or such other address as may be hereafter specified in writing.E. Assionment. Any assignment of this Agreement by either party without the written consentof the non-assigning party shall be void. If the non-assigning pafi gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall bemade without additional written consent.F. Modification. No waiver, alteration, or modification of any of the provisions of thisAgreement shall be binding unless in writing and signed by a duly authorized representative of the C1yand Contractor.G. Entire Aqreement. The written provisions and terms of this Agreement, together with anyExhibits attached hereto, shall supersede all prior verbal statements of any officer or othei representativeof the City, and such statements shall not be effective or be construed as entering into or forming a partof or altering in any manner this Agreement. All of the above documents are hereby made a part of thisAgreement. However, should any language in any of the Exhibits to this Agreement conflict with anylanguage contained in this Agreement, the terms of this Agreement shall prevail.H. Compliance with Laws. The Contractor agrees to comply with all federal, state, andmunicipal laws, rules, and regulations that are now effective or in the future become applicable toContractor's business, equipment, and personnel engaged in operations covered by this Agreement oraccruing out of the perf ormance of those operations.I. Public Records Act. The Contractor acknowledges that the City is a public agency subject tothe 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 thisAgreement may be subject to public review and disclosure, even if those records are not produced to orpossessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfyingthe City's duties and obligations under the Public Records Act.PUBLIC WORKS AGREEMENT - 6($20K or Less and No Performance Bond)
l, Citv Business Lkense Required. Prior to commencing the tasks described in Section I,Contrastor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 ofthe Kent City Code.K. CounterFarts and Slonatures.-bv Fax or Email. This Agreement may be executed in anynumber of counterparts, each of which shall constitute an original. and all of which wiil together constitutethis one Agreement. Further, upon executing this Agreement, either party may deliver the signature pageto the other by fax or email and that signature shall have the same force and effect as if the Agreementbearing the original signature was received in person.IN WITNESS, the parties below execute this Agreement, which shall become effective onthe last date entered below. All acts consistent with the authority of this Agreement and priorto its effective date are ratified and affirmed, and the terms of the Agreement shall be deemedto have applied.PUBLIC WORKS AGREEMENT - 7($20K ar Less and No Perfarmance Bond)CITY OF KENT:By(signature)Brian Levenhagen,Deputy Parks DirectorPrint Name:Its:DATE:COHTRACTOR:By(signature)Print Name: Norman BoutanqerItsOwner511s12s (title)DATENOTICES TO BE SENT TO:CITY OF KENT:Andy Martin. Construction Crew Lead MWIVCity of Kent220 Fourth Avenue SouthKent, WA 98032(253) 569-6940 or (253) 856-5124 (telephone)(253) 856-6120 (facsimile)ATTEST:Kent City ClerkNOTICES TO BE SENT TO:CONTRACTORTNorman BoulangerRoads Paving Washington, LLCL25L4 S.E. 270th StreetKent, WA 98030(206) 396-8339 or (253) 630-5589 (telephone)(253) 545-0642 (facsimile)r- "'
DECLARATIONcrTy oF KEI{T EQUAL EUPLOYMENT OPPORTUNITY pOLICyThe City of Kent is committed to conform to Federal and State laws regarding equal opportunity.As such all contractors, subcontra"ctors and suppliers who perform work with relation to thisAgreement shall comply with the regulations of the City's equal employment opportunitypolicies.The following questionsspecifically identifythe requirementsthe City deems necessary for anycontractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmativeresponse is required on all of the following questionsforthis Agreementto be valid and binding.If any contractor, subcontractoror supplier willfully misrepresents themselves with regard to thidirectives outlines, it will be considered a breach of contract and it witl be at the City's soledetermination regarding suspension or termination for all or part of the Agreement;The questions are as follows:1. I have read the attached Cityof Kent administrative policy number 1.2.2. During the time of this Agreement i will not discriminate in employment on the basis ofsex, race, color, national origin, age, or the presence of all sensory, mental or physicaldisability.During the time of this Agreement the prime contractor will provide a written statement toall new employees and subcontractors indicating commitment as an equal opportunityemployer.During thetime of the Agreementl, the prime contractor, will actively considerhiring andpromotion of women and minorities.Before acceptance of this Agreement, an adherence statement will be signed by me, thePrime Contractor, that the Prime Contractor complied with the requirements as set forthabove.By signing below,I agree to fulfillthe five requirements referenced aboveBy:For:345Norman BoulangerRoads Paving Washington, LLC.Title:C)wnerp6fg. sn320EEO COMPLTANCE DOCUMENTS - 1
CITY OF KENTADMINISTRATIVE POLICYNUMBER: 1.2SUBJECT:MINORIW AND WOMENCONTMCTORSEFFECTIVE DATE: January 1, 1998SUPERSEDES: April 1, 1996APPROVED BY Jim White, MayorPOLICY:Equal employment opportunity requirements for the City of Kent will conform to federal andstate laws. All contractors, subcontractors, consultants and suppliers of the City must guaranteeequalemployment opportunity within theirorganization and, if holding Agreementswith the Cityamounting 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 indicatingcommitment as an equalopportunity employer.2. Actively considerfor promotion and advancementavailable minorities and womenAny contractor, subcontractor, consultant or supplier who willfully disregards the City'snondiscrimination and equaloppoftunity requirements shall be considered in breach of contractand 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 PublicWorks Departmentsto assume thefollowing dutiesfortheir respectivedepaftments.IEnsuring that contractors, subcontractors, consultants, and suppliers subject to theseregulations are familiar with the regulations and the City's equal employment opportu n itypolicy.2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENTEQ UAL E M PLOYITI ENT O PPO RTU N ITY Co M P LIAN c E STATEM E N TThis form shall be filled out AFTER COMPLETION of this project by the Contractorawarded theAgreement.I, the undersigned, a duly represented agent ofCompany, hereby acknowledge and declare that the before-mentioned company was the primecontractorfortheAgreementknownasthatwasenteredintoonthe(date), between the firm I represent and the City ofKentI declare that I complied fully with all of the requirements and obligations as outlined in the Cityof Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment OpportunttyPolicy that was paft of the before-mentioned Agreement.ByFor:Title:DateEEO COMPLI.ANCE DOCUMENTS .3
BIDDER RESPONSIBILIW CRITERIAcertification of compliance with wage payment statutesThis certificatian is reguired by state law (RCW 39.a435a?)) to be submitted to the cigbefore the cantract can be awarded.The bidder hereby certifies that, within the three-year period immediately preceding the bidsolicitation date (03106/2A2A), the bidder is not a "willful" violator, as defined in RCW49.48.082, of any provision of chapters 49.46, 49.48, ar 49.52 RCW, as determined by a finaland binding citation and notice of assessment issued by the Department of Labor and Industriesor through a civil judgment entered by a court of limited or generaljurisdiction.I cetify underpenalty of perjury underthe laws of the State of Washingtonthatthe foregoing istrue and correct.Roads Paving Washington, LLCBy4az-Sighature of AuthorizeC Officiat*Printed Name I Norman BoutanoerTitleOwnerDate:5/13t20City and State:Pacific, WA*If a corporation, proposal must be executed in the corparate name by the president or vice-president (or any other corparate afficer accompanied by evidence of authoity to sign). If a co-paftnership, propasal must be executed by a paftner.BIDDER RESPONSIBIUTY CRITERIA - 1
wirsHIHG"IOhI.LLC.EXHIBIT AProp+No.0947sCONTRACT/PROPOSALLicense # ROADSPWBB3M612514 SE 270th St, Kent, WA 99030Office (253) 630-SsB9 | Fax (253) 545-0642i nfo@ Road s pavi n qWA. co mwww. Roadspavi nqWA.comPROJECTrt{FoRilAnOilNamet{amellame212 St & Russelt RdStregt AddressRTACode396-8339AddressrNFORitAnoitand nee$sary equipn€nt,tobaIrecessary to complete the following workall labor, Material andtoRegrade pathway with 1"1/4 minus gravel as needed for a firm unyielding base fine grade for proper drainage compac{ gravellnstall 3" compacled class 112" HMA compacd and roll asphalt and hand tamp edges s*at joints at both ends of pathway shown in drawingexisting asphalt pathway rough grade 3" to 6" more less haul away debris1. ExcavatePricing Valid for30 days from date of quotation. All pricing is based upon thecunent costs of materials and straight-time labor rates. ln theevent of an increase onor labor ratestO the orderand/orboththese prices will be adjustedSub-total$16,775.00Tax$1,677.50Toial$18,452.50DepositBalance$18,452.503.8% fee for all Credit Card transactionsDaG03/06/2020ContractorlSellerDate03/06/2020to be performed p$suant to this agreement shall be completedYTENT: Owner agrees to pay Contractor a total price of:$1DUE llilpaymEnts to be made as follows:$0.$tmonth-uPotitE FOR COTPLETION: The workPayment (if any):(1) day(s) or approximately on:will bear interest at the rate of 3%OverdueALL WORK GUARANTEED FOR OI{E YEARcannotLLC.toWashingtonPavingnotdoesRoadsGuaranteematerials.oildefectiveororsettling,cracking,againstfromabovestatedworktireguaranteesLLC.redforWashingtonPavingheldbeRoadsAsthorizedpowered by goconvoswitrw.gocanvas.coffi
\ryASHTl{.GTOIq.LLC"ProP+!{e.0947sCONTRACT/PROPOSALLicense # ROADSPWB83MG12514 SE 270th St, Kent, WA 9g030Office (253) 630-SsBg I Fax (2S3) s4s-0642i nfo@ Roads pavi n gWA. co mwww. Roadspavi nqWA.com#i.,]i-,lil':t;]';:.,::-,--i:,,.,i,il",tii:.lri::]]t::ili'l:,illt1 r,:t.it ;_li:powered byEoconwsVfr//dli.C OCa nVaS. C0r',1
\ryASHINGTON.LLC.ProP+No.09475CONTRACT/PROPOSALLicense # ROADSPW883M612514 SE 270th St, Kent, WA 99030Office (253) 630-5589 | Fax (2s3) s4S-06/;2i nfo@ Roads pavi n qWA. comwww. Roadspavi nqWA.comTERMS AND CONDITIONSl. CHANGES lt{ THEWORK. Shoutd theowner' construction lender, or any public body or inspector direct any modification or addition to the workcovered by this contract' the contract price shall be adjusted accordingly. Modification or addltion to the work shalt be executed only when both theOwner and the Confactor have signed a contract Change Order. The change in the contract price caused by such contract Change order shall beas agreed to in writing, or if the parties are not in agreement as to the change in contrac* price, the Contractor's acdual cost of all labor, equipment,subcontracts and materials, plus a Contractot's fee of -0,6 shall be the change in contracf price. The Change Order may also increase the timewithin wfiich the contract is to be completed. Conlractor shall promptly notiff the Owner of (a) latent physical conditions at the site differingmaterially from those indicated in the contract, or (b) unkn$fi physical conditions difbring materially trom those ordinarily encountered andgenerally recognized as inherent in work of the character provided for in this contract. Owner as added work shall pay for any expenses incuneddue to such conditions.ll. OWNER'S RESPONSIBIUilES. Owner agrees to allow and provide Contractor and equipment access to the property.lll. DELAYS' Contractor agrees to start and dili,gertly pursue work through to completion, but shatl not be responsible for delays for any of thefollowing reasonsl failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement offunds into funding control or escrow, acts of neglect or omission of Owner or Ownefs employees or Ovmeis agent, acts of God, stormy orinclement v'/eather, strikes, lockouts, boycotts, or other labor union activities, extra work ordered by Owner, acts of public enemy, riots or civilcommotion, inability to secure material through regular recognized channels, imposition of Governrnent priority or allocation of materials, failure ofOwner to make payments ufien due, or delays caused by inspection or changes ordered by the inspectors of authorized govemmental bodies, orfor ac{s of independent contractors, or holidays, or other causes beyond Contractor's reasonable control.lV. SUBCONTRACTS- The Contractor may subcontract portions of this work to properly licensed and qualified subcontractorsV. TAXES AND ASSESSiIENTS. Owner will pay for taxes and assessments of all descriptions.Vl' II{SURAI{CE AND DEPOSITS. Contractor shall camTWorke/s Compensation lnsurance for the protection of Conhactor's employees duringthe progress of the work. Contractor shall carry liability insurance to cover any damages to Orner's property resulting out of the acts of Contractor.Owner shall obtain and pay for insurance against injury to his own employees and persons under persons on the job site at Owner,s invitation^Ov'iner shall also procure at own expense and before the commencement of work hereunder "all-risK insurance with course of construction, theft,vandalism and malicious mischief endorsements attached, the insurance to be in a sum at least equal to the contract price. The insurance shallname the Contractor and any subcontractors as additional insured's, and will be written to protect owner, Contractor and subcontractors as theirinterests may appear. Should Oruner fail to procure such insurance, Contractor may do so at the expense of Orlrnrer, but is not required to do so.Owner and Contractor waive rights of subrogation against each other to the extent that any loss is covered by valid and collectible insurance. lf theproject is destroyed or damaged by accident, disaster, or calamity such as fire, storm, flood, landslide, subsidence or earthquake, owner as extrawork shall pay for work done by Contractor in rebuilding or restoring the project.Vll. RIGHT TO STOP WORK Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under thisAgreement; Contractor may keep the job idle until all payments due are received. Failure to make payment, within five (5) days of the due date, is amaterial breach of this Agreement and shall entitle contractor to cease any further rrorkil;;i":li,lir::i;;i;iij:ri-,1 1;{:::-t::.}ii;r;:i-l,ii;liili:;i.:lil.r.,/ii.:ipowered bygocorn os\&ww.gocanvas.cam
WASHINGTON,LLC.Prop+No.09475CONTRAGTIPROPOSALLicense # ROADSPWB83MG12514 SE 270th St, Kent, WA 9g030Office (253) 630-5589 | Fax (2S3) s4s-A642info@ RoadspavinqWA.comwww. Road s pavjoqWA.comvlll' cLEAll UP. Contractor will remove tom ornnrer's properly debris and surplus material created by the operation and leave it in a neat andbroom dean condition"lx' ARBITRATIOI{, VALlDlw At{D DAilAGES. Any confoversy or claim arising out of or related to this contrad, or the breach thereol shall besettled by arbitration in accordance with the Construclion lndustry 46;11tion Rules of the .American Arbitration Association, and judgment upon theaward rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.X' ASBESTOS AND HAZARDOUS WASTE- Unless the contracf specifically calls for the removal, disturbance, or transportation of asbestos orother hazardous substances, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unlessthe contract specifically calls for sarne, if Contractor encounters such substances, Con&actor shall immediately stop work and allow the Owner toobtain a duly qualified asbestos and/or hazardous material contractor to perform the work or do the work at contractor,s option. Said work shall betreated as an extra under the contract.Xl. INTENT TO LEAN- The balance of the proiect is due upon complelion unless amendrnent is made to original contract. This serves as yourintent to lean.lf payment is not received within 60 days, we will proceed with the lean process.{i;;;_i':r i:;r {r;^:i-::l."tr:,1,,,1 i ,ri,j-iri.). iiS"i l:i;i:ii:l i ,iieil::powered bysoconos\AA&W.qOCAnva$.SOrn
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4t23t2020aboutblankState of WashingtonDepartment of Labor & lndustriesPrevaiting Wage Section - Telephone 360-902-5335PO Box 454A, Otympia, WA 98504-4540Washington State Prevailing WageThe PREVAILING WAGES tisted here inctude both the hourl,y wage rate and the hourl,y rate of fringe benefits. Onpubtic works projects, worker's wage and benefit rates must add to not less than this totat. A brief description ofovertime catcutation requirements are provided on the Benefit Code Key.Journey Level Prevailing Wage Rates for the Effective Date: 41231202ACount){,tlgTruck DriversKing .Truck DriversTradeJob Classification\ldage Holiday OvertimeAsphatt filix Over 16 Yards5D4YAsphatt Mix To 16 Yardss60.75 5DKingTruck DriversDump Truck560.7559King Truck DriversOther Trucks4YNEt' 561.59' 5! ' 4Y EtViewViewabout:blank1t1
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4t231202AKingKingK!ng{lngfAbgrersLaborersKing LaborersKing LaborersKing LaborersKing LaborersKing Laborerst-ufg!FELaborersLaborersLaborersLaborersfq,!qlq'lLaborersLaborersKing LaborersKing LaborersLaborersLaborersLaborersLaborersKing Laborers!qPqtg,!"tLaborersl-eugl,qrLaborers,Irib,grFLLLaborers!qFqrqptr+{9t1: LaborersLaborersLaborers:LaborersLaborersKing iLaborersKing LaborersKine!e?9,rlttLaborersKing Laborersxing -King Laborersabout:blankForm Setter 550.96Gabian Basket Buitderss50.86J"4y8YW7A 4V 8Y ViewGrade Checker & Transit PersonGrout A,tachine Tender 550.96Groutmen tpieiiuret in.troing pori 551.80Tension BeamsGuardrail Erectorllazardous Waste Worker(Level A)552445s1.80Hazardous Waste WorkerBiHazardous Waste WorkerHigh ScaterGeneral LaborerGrindersJackhammerLaserbeam Operatorlriaintenance PersonManhole Buitder-MudmanMaterial Yard PersonLocomotiveNozzteman (Concrete Pump, GreenCutter When Using Combination OfHigh Pressure Air & Water OnConcrete & Rock, Sandblast, Gunite,Shotcrete, Water Btaster, VacuumBtaster)Pavement BreakerPitot !a1fipe !-ayer LeadLay.er/Taitor5rz.5lo.550.86 7AYr-q+ViewViewUsryView8Y , viewView4486a7Aa7A7AA7AA7A8Y8Y3VN.YrryWViewYtrryViewViewKjngKlngKingKingKi$KingKingKingKingKingKing552.a+ 4551.80 7A551.80iso.s65s1.80552.44Ssi.eo551:80550.86511.805s0.86550.86 A551.804VN.4y4V8Ywgv8YKjngKing7A4V8YfrySe{ViewViewYier+ViewYigdViewYLqqYqsViewViewSedView$q{ViewPipe Pot TenderPipe RetinerPipe Wl?pperPot TenderPowdermanPow-dg1man's llelnerPower JacksRaitroad Spike Putter - PowerRaker -.Re-timbermanRemoteRigger/SignatPerson$in RaoPersonRivet BusterRodderkaffotd ErectorScate PersonStoper SprayerlOrea{e-r {ConcretelStake HopperStock PiterBoatswain Chair552.44 7A 4Y550.86 7As50:86-ssl.80552.44 7A7A7A7A7A+v::4Vty4V4V!Y8Y&8Y8Y8Y8YEY!v8Y8YKing[ingKingKiViews51.80 7AS,et+View551.80 7A 4V 8Y Views50.86 7AScgViewA7A4VN-N.4V8Y8Y551.80s50.86s43.11 7ALaborersTamper & Simitar Electric, Air & Gas 551Operated TootsView4V 8Y Viewabout:blank7A4Y U View2t3
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HXHISIT EIfitsuRAilcH REQUrRHffi ENTS FOr$Envrcf; contrnAcrsfnsuranceThe Contractor shall procure and maintain for the duration of the Agreement,Insurance against claims for injuries to persons or damage to property whichmay arise from or in connection with the performance of the work hereunderby the Contractor., their agents, representatives, employees orsubcontractors.A" Minimum Scope of trnsuranceContractar shall obtain insurance of the types described below:1, Comnflgrclql,G€.nefaI L.iabilitv:insurance sha|I be written onISO occurrence form CG O0 01 and shall cover liabilityarising from premises, operations, independent contractors,products-completed operations, personal injury andadvertising injury, and liabilifi assumed under an Insuredcontract. The City shall be named as an Additional Insuredunder the Contractor's Commercial General Liability insurancepolicy with respect to the work performed for the City usingISO additional insured endorsement CG 20 10 11 85 or asubstitute endorsement providing equivalent coverage.2. Autg"nr€btlg. l+iahility insurance covering all owned, non-owned, hired and leased vehicles. Caverage shall be writtenon Insurance Services Office (IS0) form CA 00 01 or asubstitute form providing equivalent liability coverage. Ifnecessary, the policy shall be endorsed to providecontractual I iabitity coverage.3. W,o*rkers'$ompgnsatigln coverage as required by theIndustrial Insurance laws of the State of Washington.B. Minimum Amounts of InsuranceContractor shall maintain the following insurance limits:1. Connmercial Generql Lia.bill[y insurance shali be written withLimits no less than $1,000,000 each occurrence, 2,000,000general aggregate and a $2,00O,0O0 products-completedoperations aggregate limit.2. AUtgrfnqbilg. !.iAbjlity insurance with a minimurn combinedsingle lirnit fcr bodily injury and property damage of$1,000,000 per accident.
UXHIBIT B (Cnntinued)C. Other fnsurance PravisionsThe insuranceprov-isions forinsurancerpolicies are to contain, or be endorsed to contain. the followlngAuton'robile Liability and Commercial General Liability1. The Contractor's insurance coverage s,hall be primary Insurance as respectthe City. Any Insurance, self-insurancer or i*surance pool coveragemaintained by tfie City shall be excess cf the Contractor's insurance andshall noi contrlbute with it.2. ThE Contractor's insurance shalt be endorsed to state that coverage shallnot be cancelled by either party, except after thirty (30) days;priorwritten notice by cbrtified mail, retum receipt requested, has been givento the Cily.3, The City of Kent shall be named as an additional insured on all policies(except Professional Liability) as respecfs work performed by or on behalfof lhe contractnr and a copy of the endorsement naming the City asadditional insured shall be attached to the S+fi:iflqade gf.Insu,Lan$,e' TheCity reserves the right to receiye a certified copy of all requiled insurancepolicies. The Contractor's Cornmercial General Liability insurance shallhlso contain a clause statlng that coveriage shall apply'separately to eachinsured against whorn claim is made or sult is brought' except withrespects to the limits of the insurer's liabillty.D. Acceptability of fnsurersInsurance is to be placed with insurers with a currentA.M. Best rating of notless than A:VII.E. Verification of CoverageContractor shall fumish the City with original cefiificates and a copy nf theamendatory endorsements, including but not necessarily lirnited to theadditional fnsured endorsernent, evidencing the insurance requirements ofthe Contractor before commencement of Lhe work.F. SubcontractorsContractor shall include all subcontractors as insureds under its policies arshall furnish separate certiftcates and endorsements for each subcontractor,All coverages for subcontractors shall be subjecl to all of the sarne insurancerequirernents as stated herein for the Contractor.
Client#: 134570ROADPAVIACORD-" GERTIFICATE OF LIABILITY INSURANGEDATE (MM/DDTYYYY)5t13t2020NAIC #866 577-1325lnsurance.comSarah Harren800 499-0933sarah15377. Western National Mutual lnsurance Co.lnsurance Companys. The Ohio Cas24074INSURER C:INSURER DINSURER EINSURER FTIVELYISTHPOLTCtESHOLDER.AUTHORIZETHETEBYEDRER(S),NSUCERTIFICAEAFFORDINTHEISSUUPONETHCOVERAGRIGHTSTHERNOTEBETWEENALORCONFERSCONTRACTANDAEXTENDYONLONAMEND,HOLDER.NSTITUTETEcoNOTINFORMATIEGANCERTIFICAOFDOESEORCETHYTTERMAANDTIVELAER,INSURANcASOFAFFIRMATEPRODUISSUENOTtsORRTIFICATEDOESCETIVETETHISFICACERTIFICATHISCERTIBELOW.REPRESENTASUBROGATIONonendorsed.statementorAprovisionsendorsement.REDanrequiremaypolicieshavemustcertainicysuchpolofthelieutheoflnholderINSURED,conditionsandcertificatetermsthetotheantorssubjectholderconferWAIVED,notcertificatetsdoescertificatetfthisPRODUCERPropel lnsuranceLongview Gommercial lnsuranceP.O. Box 9Longview, WA 98632Roads Paving Washington LLC12514 SE 270th StreetKent, WA 98030INSUREDCOVERAGESCERTIFICATE NUMBER:REVISION NUMBER:slsi$1$2$1$$$110001xLIMITSEACH OCCURRENCEMED EXPonePERSONAL & ADV INJURYGENERAL AGGREGATEPRODUCTS - COMP/OP AGGBODILY INJURY (Per person)BODILY INJURY (Per a6ident)OCCURRENCEAGGREGATEE.L, EACH ACCIDENTE.L. DISEASE. FAE.L. DISEASE - POLICY Lll\illT$100,00002t22t202102122t202102t22t202102t22t2021ozt22t2021POLICY NUMBERcPP1198440cPP11948't0uM81035002cPPl198440WA Stop Gap8MO60890551N/AOCCURCLAIMS.IUADEXRETENTIONUMBRELLA LIABEXCESS LIABTYPE OF INSURANCEXXCOMMERCIAL GENERAL LIABILITYGEN'L AGGREGATE LIMIT APPLIES PER:,o'"" l=xl!$o;LOCOCCURCLAIMS.IVADEXXAUTOMOBILE LIABILITYANY AUTOOVI/NEDAUTOS ONLYHIREDAUTOS ONLYAUTOS ONLYSCHEDULEDAUTOSNONO\ itlEDWORKERS COMPENSA'IIONAND EMPLOYERS' LIABILITYANY PROPRIETOR/PARTNERYEXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory inlf yes, describeDESCRIPTIONNY/NNH)underLeased & RentedEquipmentISTHTERMS,PERIODtcHWHTHEPOLICYTOALLTHETOFORECTRESPECTBJUWTHABOVEISNMENTNAMEDMS.HEREDOCUCLAIERINSUREPAIDOTHDESCRIBEDTHEBYORESTOEDcrUCPOLIREDISSUEDCONTRACTTHEBEENBEENBYANYOFHAVEHAVEMAYAFFORDEDBELOWCONDITIONORSHO\ANRANCELISTEDINSUTERMELIMITSTHES.NINSURANCEEMENTROFPOLICTPERTAICHREQUSUMAYPOLICIESANYOFORETHEDTISSUTHABECONDITIONSERTIFYMAYANDNOTWTHSTANDINGTOIONSCATEFIISDICATED.NCERTIEXCLUSTHISAAAABDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1Ol, Additional Remarks Schedule, may be attached if more space is required)RE: Project - Green River Trail at212th Avenue SouthCity of Kent is an additional insured per attached endorsements.ACORD 25#s41TE(2016/03) 127834tM4020911O 1988-2015 ACORD CORPORATION. Att rights reserved.of 1 The ACORD name and logo are registered marks of ACORDJKOOSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED INACCORDANCE wlTH THE POLICY PROVISIONS,VnLAJr-"Lt"h V**-Un,tgAUTHORIZED REPRESENTATIVECity of Kent220 Fourth Avenue SouthKent, WA 98032I
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This endorsement modifies insurance provided under the followingCOMMERCIAL GENERAL LIABILITY COVERAGE PART1. Additional lnsured -OperationsA. Section ll - Who ls An lnsured is amendedto include as an additional insured:(1) Any person or organization forwhom youare performing operations when you andsuch person or organization have agreedin writing in a contract or agreement thatsuch person or organization be added asan additional insured on your policy; and(2) Any other person or organization you arerequired to add as an additional insuredunder the contract or agreement de-scribed in Paragraph 1. above.Such person(s) or organization(s) is an add-tional insured only with respect to liability for"bodily injury", "property damage" or "per-sonal and advertising injury" caused, inwhole or in part, by:a. Your acts or omissions; orb. The acts or omissions of those acting onyour behalf;in the performance of your ongoing opera-tions for the additional insured.B. With respect to Additional lnsured - Opera-tions, coverage is limited as follows:This insurance does not apply to "bodily in-jury'' or "property damage" occurring after:(1) All work, including materials, parts orequipment furnished in connection withsuch work, on the project (other than ser-vice, maintenance or repairs) to be per-formed by or on behalf of the additionalinsured(s) at the location of the coveredoperations has been completed; orCOMMERCIAL GENERAL LIABILITYwN GL 139 06 18(2) That portion of "your work" out of whichthe injury or damage arises has been putto its intended use by any person or or-ganization other than another contractoror subcontractor engaged in performingoperations for a principal as a part of thesame project.2. Additional lnsured - Completed OperationsA. Section ll - Who ls An lnsured is amendedto include as an additional insured:(1) Any person or organization for whom youare performing operations when you andsuch person or organization have agreedin writing in a contract or agreement thatsuch person or organization be added asan additional insured on your policy; and(2) Any other person or organization you arerequired to add as an additional insuredunder the contract or agreement de-scribed in Paragraph f . above.Such person(s) or organization(s) is an addi-tional insured only with respect to liability for"bodily injury", "property damage" or "per-sonaland advertising injury" caused, in wholeor in part, by:a. Your acts or omissions; orb. The acts or omissions of those acting onyour behalf;and included in the "products-completed op-erations hazard".THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLYADDITIONAL INSURED - CONTRACTORS -OPERATIONS AND COMPLETED OPERATIONS -WITH ADDITIONAL INSURED REQUIREMENTIN CONSTRUCTION CONTRACTwN GL 139 0618lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.Page 1 of 2
B. With respect to Additional lnsured - Com-pleted Operations, coverage is limited as fol-lows:(1) A person or organization's status as an in-sured under Additional lnsured - Com-pleted Operations continues only for theperiod of time required by any written con-tract or agreement.(2) The insurance provided to the additionalinsured does not apply to "bodily injury","property damage" or "personal and ad-vertising injury" arising out of "your work"for which a consolidated (wrap-up) insur-ance program has been provided by theprime contractor-project manager orowner of the construction project in whichyou are involved.3. Primary and NoncontributoryThe following is added to the Other lnsuranceCondition and supersedes any provision to thecontrary:Primary And Noncontributory lnsuranceThis insurance is primary to and will not seek con-tribution from any other insurance available to anadditional insured under your policy provided that:(1) The additional insured is a Named lnsured un-der such other insurance; and(2) You have agreed in writing in a contract oragreement that this insurance would be pri-mary and would not seek contribution fromany other insurance available to the additionalinsured.4. Other Provisions Applicable to Additional ln-sured - Operations and Additional lnsured -Completed OperationsA. The Amendment of lnsured Contract Defini-tion (Endorsement CG 24 26) does not apptyto an additional insured.B. The coverage provided under Paragraph f. ofthe definition of "insured contract" under Sec-tion V - Definitions does not apply to an ad-ditional insured under this endorsement un-less required by a written contract oragreement.C. The insurance afforded to such additional in-sured only applies to the extent permitted bylaw; andlf coverage provided to the additional insuredis required by a contract or agreement, the in-surance afforded to such additional insuredwill not be broader than that which you are re-quired by the contract or agreement to providefor such additional insured.D. With respect to the insurance afforded tothese additional insureds, the following isadded to Section lll - Limits Of Insurance:lf coverage provided to the additional insuredis required by a contract or agreement, themost we will pay on behalf of the additionalinsured is:(1) The minimum amount required by thecontract or agreement; or(2) The Limits of lnsurance shown in the Dec-larations;whichever is less.This endorsement shall not increase the ap-plicable Limits of lnsurance shown in the Dec-larations.E. With respect to the insurance afforded tothese additional insureds, the following addi-tional exclusion applies:This insurance does not apply to:"Bodily injury", "property damage" or "per-sonal and advertising injury" arising out of therendering of, or the failure to render, any pro-fessional architectu ral, en g i neeri n g or su rvey-ing services, including:(1) The preparing, approving, or failing toprepare or approve, maps, shop draw-ings, opinions, reports, surveys, field or-ders, change orders or drawings andspecifications; or(2) Supervisory, inspection, architectural oreng ineering activities.This exclusion applies even if the claimsagainst an additional insured allege negli-gence or other wrongdoing in the supervision,hiring, employment, training or monitoring ofothers by that insured, if the "occurrence"which caused the "bodily injury" or "propertydamage", or the offense which caused the"personal and advertising injury", involved therendering of or failure to render any profes-sional services by you with respect to yourprovid in g eng i neerin g, arch itectu ral or su rvey-ing services in your capacity as an engineer,architect or surveyor.wN GL 139 06 18Includes copyrighted material of lnsurance Services Office, Inc., with its permission.Page 2 ol 2
COMMERICAL GENERAL LIABILITYWN GL 39 08 18COM M E RC IAL G E NERAL LIAB I LITY E NHANC EM E NT E NDO RS E M E NTThe Commercial General Liability Enhancement Endorsement is an optional endorsement that proVdes co\erage en-hancements. The following is a summary of broadened co\erages provided by this endorsement. No corerage is pro-vided by this summary, refer to ficllowing endorsement for changes in your policy.SUMMARY OF COVERAGESPAGEBodily lnjury And Property Damage Liabitityr Non Owned Watercraft Up To 50 FeetProperty Damage Liability. Elerators. Fire, Lightning, Explosion Or Sprinkler Leakage Exceptiono Bonowed Equipment ($25,000 Per Occunence, $50,000 Aggregate,$2,500 Deductible Per Occurrence ..............Supplementary Payments - Amended. Bail Bonds Up To $5,000.............. Loss ofEarnings Up To 9500/DayWho ls An lnsured Amendments. Employee Bodily lnjury To A Co-Emp|oyee.............. Nevvly Formed OrAcquired Organizations For Up To 180 Days..................o Blanket Additional lnsured - Vendors - As Required By Contract...............o Blanket Additional lnsured - Lessor Of Leased Equipmentr Blanket Additional lnsured - Managers Or Lessors Of Premisesr Blanket Additional lnsured - State Or Goremmental Agency Or SubdivisionOr Political Subdivision - Permits Or Authorizations ...........o Blanket Additional lnsured - State Or Govemmental Agency Or SubdivisionOr Political Subdivision - Permits Or Authorizations Relating To PremisesDamage To Premises Rented To You - $300,000.Medical Payments lncreased Limit - $10,000 Or Amount Shown on Declarations44Conditions. Knowledge of Occurrence, Offense, Claim Or Suit Amendedr Unintentional Failure To Disclose Hazardso Wair,er of Subrogation................lnsured Contract AmendedPersonal And Adrcrtising lnjury Redefinedr Televised, Videotaped Or Electronic Publicationoo101010wN GL 39 08 18lncludes copyrighted naterial of the lnsurarce Service Office, lnc.,w ith ib permissionPage I of 10
COMMERCIAL GENERAL LIABILITYWN GL 39 08 18THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLYCOM M E RC IAL G E NE RAL LIAB I LITY E NHANCEM E NT E NDO RS EM E NTThis endorsement modifies the insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE FORMWith respect to the corerage provided by this endorsement, the provisions of the Cor,erage Form apply unless modified bythis endorsement. The SECTIONS of the Commercial General Liability Corcrage Form identifed in this endorsement willbe amended as shown below.SECTION I- COVERAGES AMENDMENTSCOVERAGE A - BODILY INJURY AND PROPERTYDAMAGE LIABILITYA. Non Owned Aircraft Or WatercraftItem 2. Exclusiong Paragraph g. is replaced by thefollowing:g. Aircraft, Auto Or Watercraft"Bodily injury" or "property damage" arising out ofthe ownership, maintenance, use or entrustmentto others of any aircraft, "auto" or watercraftowned or operated by or rented or loaned to anyinsured. Use includes operation and "loading orunloading".This exclusion applies even if the claims againstany insured allege negligence or other vwong-doing in the supervision, hiring, employment,training or monitoring of others by that insured, ifthe "occunence" which caused the "bodily injury"or "property damage" invclved in the ownership,maintenance, use or entrustment to others of anyaircraft, "auto" or watercraft that is owned oroperated by or rented or loaned to any insured.This exclusion does not apply to:(1) A watercraft while ashore on premises youown or rent,(2) A watercraft you do not own that is:(a) Less than 50 feet long; and(b) Not being used to carry persons or prop-erty for a charge;This Subparagraph (2) applies to any person,who with your expressed or implied consent,either uses or is responsible for the use of thewatercraft;(3) Parking an "auto" on, or on the ways next to,premises you own or rent, provided the "auto"is not owned by or rented or loaned to you orthe insured;(4) Liability assumed under any "insured con-tract" for the ownership, maintenance or useof aircraft or watercraft; or(5) "Bodily injury" or "property damage" arisingout of:(a) The operation of machinery or equipmentthat is attached to, or part of, a landrchicle that would qualiff under thedef nition of "mobile equipment" if it werenot subject to a compulsory or fnancialresponsibility law or other motor rehicleinsurance law where it is licensed orprincipally garaged; or(b) The operation of any of the machinery orequipment listed in Paragraph f. (2) or f.(3) of the definition of "mobile equip-ment".B. Damage To Property Goverage ExtensionsItem 2. Exclusiong Paragraph j. is replaced by thefollowing:j. Damage To Property"Property damage" to:(1) Property you owt, rent, or occupy, includingany costs or expenses incuned by you, orany other person, organization or entity, forrepair, replacement, enhancement, restora-tion or maintenance of such property for anyreason, including prevention of injury to aperson or damage to anothe/s property;(2) Premises you sell, giw away or abandon, ifthe "property damage" arises out of any partof those premises;WN GL 39 08 18lncludes copyrighted nnterial of tle lnsurarce Service Office, lnc.,w ith ib permission.Page 2 of 10
(3) Property loaned to you;(4) Personal property in the care, custody or con-trol of the insured;(5) That particular part of real property on whichyou or any contractors or subcontractorsworking directly or indirecily on your behalfare performing operations, if the "propertydamage" arises out of those operations; or(6) lhat particular part of any property that mustbe restored, repaired or replaced because"your work" was inconecily performed on it.Paragraphs (1), (3) and (4) of this exctusion do notapply to "property damage" (other than damage byfre, lightning, explosion or sprinkler leakage) topremises, including the contents of such premises,rented to you for a period of seren or fewerconsecutive days. A separate limit of insuranceapplies to Damage To Premises Rented To You asdescribed in SECTION lll - LIMITS OF TNSURANCE.Howerer, the provisions of this paragraph do notapply if corcrage for Damage To Premises Rented ToYou is excluded by endorsement.Paragraph (2) of this exclusion does not apply if thepremises are "your work" and were ne\er occupied,rented or held for rental by you.Paragraphs (3) and (4) of this exclusion do not apptyto the use of elewtors.Paragraphs (3), (4), (5) and (6) of this exclusion donot apply to liability assumed under a sidetrackagreement.Paragraph (4) of this exclusion does not apply to"property damage" to bonowed equipment while notbeing used to perform operations at the jobsite.Subject to Paragraph 2. of SECTION lll - LIMITS OFINSURANCE, the rules below fix the most we will payfor "property damage" under this proMsion:(1) $25,000 any one "occurrence", regardless of thenumber of persons or organizations who sustaindamages because of that "occurence";(2) $50,000 annual aggregate; and(3) We will pay only for damages in excess of $2,500as a result of any one "occurence", regardless ofthe number of persons or organizations wtrosustain damages because of that "occunence".We may, or if required by law, pay all or any partof any deductible amount, if applicable, to effectsettlement of any claim or "suit". Upon notice ofour payment of a deductible amount, you shallpromptly reimburse us for the part of thedeductible amount we paid.Paragraph (6) of this exclusion does not apply to"property damage" included in the "products-com-pleted operations hazard".The insurance provided for "property damage,, ftomthe use of elewtors and for "property damage,, tobonowed equipment is excess o\er any other ralidand collectible property insurance (including any de-ductible portion thereof) amilable to the insuredwhether primary, excess, contingent or on any otherbasis.C. Damage To Premises Rented To youItem 2. Exclusiong the last paragraph is replaced bythe following:Exclusions c. through n. do not apply to damage byfire, lightning, explosion or sprinkler leakage topremises while rented to you or temporarily occupiedby you with permission of the owner. A separate limitof insurance applies to this cor,erage as described inParagraph 5. of SECTION lil L|MITS OFINSURANCE.COVERAGE B - PERSONAL AND ADVERTISINGINJURY LIABILITYD. Personal And Advertising lnjuryItem 2. Exclusions is amended by replacing Sub-paragraphs b. and c. with the following:b. Material Published With Knowledge Of Fatsity"Personal and adrcrtising injury" arising out oforal, written, teleMsed, videotaped or electronicpublication, in any manner, of material, if done byor at the direction of the insured with knowledgeof its falsity.c. Material Published PriorTo Policy Period"Personal and adrcrtising injury" arising out oforal, written, teleVsed, Mdeotaped or electronicpublication, in any manner, of material whose firstpublication took place before the beginning of thepolicy period.SUPPLEMENTARY PAYMENTS -COVERAGES AAND BE. Supplementary Payments - Goverages A and BItem f . is amended by replacing Subparagraphs b.and d. with the following:b. Up to $5,000 for cost of bail bonds required be-cause of accidents or traffc law violations arisingout of the use of any rehicle to which the Bodilylnjury Liability Corerage applies. We do not haveto fumish these bonds.d. All reasonable expenses incuned by the insuredat our reguest to assist us in the investigation ordefense of the claim or"suit", including actual lossof eamings up to $500 a day because of time offfrom work.WN GL 39 08 18lncludes copyrighted neterial of the Insurarce Service Cffice, lnc.,with its permission.Page 3 of 10
SECTION II- WHO IS AN INSURED AMENDMENTSA. Employee Bodily tnjury To A Co-EmptoyeeParagraph 2. a. (11 is replaced by the foilowing:Howeler, none of these "employees" or ,\olunteerworkers" are insureds for "bodily injury" or ,,personaland advertising injury":(a) To you, to your partners or members (if you are apartnership or joint venture), to your members (ifyou are a limited liability company), to a co-"employee" while in the course of his or heremployment or performing duties related to theconduct of your business, or to your other"rolunteer workers" while performing dutiesrelated to the conduct of your business;(b) To the spouse, child, parent, brother or sister ofthe co-"employee" or "rolunteer worke/' as aconsequence of Paragraph (1)(a) above;(c) For which there is any obligation to sharedamages with or repay someone else who mustpay damages because of the injury described inParagraph (1)(a) or (b) abor,e; or(d) Arising out of his or her providing or failing toprovide professional health care services.Howeler, if a suit seeking damages for "bodily injury"or "personal and adrrertising injury" to any co-"employee" or other "rolunteer worke/' arising out ofand in the course of the co-"employee's" or"rolunteerworkeis" employment or while performing dutiesrelated to the conduct of your business, or a suitseeking damages brought by the spouse, child,parent, brother or sisterof the co-"employee" or other"wlunteer worke/', is brought against you or a co-"employee" or a "rolunteer worker", we will reimbursethe reasonable costs that you incur in providing adefense to the co-"employee" or "rolunteer worker"against such matters. Any reimbursement madepursuant to this sub-section will be in addition to thelimits of liability set forth in the Declarations.B. NewlyAcquired OrganizationsParagraph 3. a. is replaced by the following:a. Corerage under this provision is afforded onlyuntil the 180th day after you acquire or form theorganization or the end of the policy period,whichever is earlier;The following are added.C. Blanket Additional lnsured - Vendors - As Re-quired By Contract1. Section ll - Who ls An lnsured is amended toinclude as an additional insured any person(s) ororganization(s) (refened to throughout thisendorsement as rendor) with whom you haveagreed in a written contract, executed prior toloss, to name as an additional insured, but onlywith respect to "bodily injury" or "propertydamage" arising out of "your products" which aredistributed or sold in the regular course of therendods business.However,a. The insurance afforded to such r,endor onlyapplies to the extent permitted by law; andb. lf coverage provided to the rendor is requiredby a contract or agreement, the insuranceafiorded to such rcndor will not be broaderthan that which you are required by thecontract or agreement to provide ficr suchrendor.2. With respect to the insurance afforded to thesewndors, the following additional exclusionsapply:a. The insurance afiorded the rendor does notapply to:(1) "Bodily injury" or "property damage" forwtrich the vendor is obligated to pay dam-ages by reason of the assumption ofliability in a contract or agreement. Thisexclusion does not apply to liability ficrdamages that the rcndor would hare inthe absence of the contract oragreement;(2) Any express warranty unauthorized byyou;(3) Any physical or chemical change in theproduct made intentionally by the rendor;(4) Repackaging, except when unpackedsolely for the purpose of inspection,demonstration, testing, or thesubstitution of parts under instructionsfom the manufacturer, and thenrepackaged in the original container;WN GL 39 08 18lncludes coFyrighted nnterial of the lnsurarce Service Office, lnc.,w ith its permissionPage 4 of 10
(5) Any fuilure to make such inspections,adjustments, tests or servicing as thevendor has agreed to make or normallyundertakes to make in the usual courseof business, in connection with thedistribution or sale of the products;(6) Demonstration, installation, senicing orrepair operations, except suchoperations performed at the vendor,spremises in connection with the sale ofthe product;(7) Products which, after distribution or salebyyou, hare been labeled orrelabeled orused as a container, part or ingredient ofany other thing or substance by or for therendor; or(8) "Bodily injury or "property damage"arising out of the sole negligence of thevendor for its own acts or omissions orthose of its employees or anyone elseacting on its behalf. Howeler, thisexclusion does not apply to:(i) The exceptions contained inSubparagraphs (4) or (6); or(ii) Such inspections, adjustments, testsor servicing as the vendor hasagreed to make or normallyundertakes to make in the usualcourse of business, in connectionwith the distribution or sale of theproducts.3. This ProVsion C. does not apply:a. To any insured person or organization fomwhom you have acquired such products, orany ingredient, part or container, enteringinto, accompanying or containing suchproducts;b. To any rcndor for which co\erage as an addi-tional insured specifically is scheduled byendorsement; orc. When liability included within the "products-completed operations hazard" has been ex-cluded for such product either by the provi-sions of the corerage part or by endorse-ment.4. With respect to the insurance afforded to theser,endors, the following is added to Section lll _Limits Of lnsurance:lf corerage provided to the r,endor is required bya contract or agreement, the most we will pay onbehalf of the rendor is:The minimum amountcontract or agreement; orrequired by theb. The Limits of lnsurance shown in theDeclarations;whicherier is less.This endorsement shall not increase theapplicable Limits of lnsurance shown in theDeclarations.5. With respect to the insurance afforded to theseadditional insureds, the following additionalexclusion applies:This insurance does not apply to:a. "Bodily injury", "property damage" or"personal and adrertising injury" arising outof the rendering of, or the failure to render,any professional architectural, engineering orsuneying services, including:(1) The preparing, approving, or hiting toprepare or appro\re, maps, shopdrawings, opinions, reports, surveys,field orders, change orders or drawingsand specifications; or(2) Supeniisory, inspection, architectural orengineering activities.This exclusion applies er,en if the claimsagainst an additional insured allegenegligence or other wrongdoing in thesupervision, hiring, employment, trainingor monitoring of others by that insured, ifthe "occurrence" which caused the"bodily injury" or "property damage", orthe ofiense which caused the "personaland advertising injury", inrolred therendering of or hilure to render anyprofessional senices by you with respectto your providing engineering,architectural or suneying senices inyour capacity as an engineer, architect orsuneyor.awN GL 39 08 18lncludes copyrighted rnaterial of tle lnsurarce Service office, lnc.,with its permissionPage 5 of 10
D. Blanket Additional lnsured - Lessor Of LeasedEquipment1. Section ll - Who ls An lnsured is amended toinclude as an additional insured any person(s) ororganization(s) from whom you lease equipmentwhen you and such person(s) or organization(s)hare agreed inwriting in a contract or agreement,executed prior to loss, that such person(s) ororganization(s) be added as an additional insuredon your policy. Such person(s) or organization(s)is an insured only with respect to liability for"bodily injury", "property damage" or "personaland adwrtising injury" caused, in whole or in part,by your maintenance, operation or use ofequipment leased to you by such person(s) ororganization(s).Howerer, the insurance afforded to suchadditional insured:a. Only applies to the extent permitted by law;andb. Will not be broader than that which you arerequired by the contract or agreement toprovide ficr such additional insured.A person's or organization's status as an addi -tional insured under this endorsement ends whentheir contract or agreement with you for suchleased equipment ends.2. With respect to the insurance afforded to theseadditional insureds, this insurance does not applyto any "occunence" which takes place after theequipment lease expires.3. With respect to the insurance afiorded to theseadditional insureds, the ficllowing is added toSection lll - Limits Of lnsurance:lf cowrage provided to the additional insured isrequired by acontract oragreement, the mostwewill pay on behalf of the additional insured is:a. The minimum amount required by thecontract or agreement; orb. The Limits of lnsurance shown in theDeclarations;whicherer is less.This endorsement shall not increase theapplicable Limits of lnsurance shown in theDeclarations.4. With respect to the insurance afforded to theseadditional insureds, the following additionalexclusion applies:This insurance does not apply to:a. "Bodily injury", "property damage" or"personal and adrcrtising injury" arising outof the rendering of, or the failure to render,any professional architectural, engineering orsuneying senrices, including:(1) The preparing, approving, or hiling toprepare or appro\e, maps, shopdrawings, opinions, reports, suneys,feld orders, change orders or drawingsand specifications; or(2) Supervisory, inspection, architectural orengineering actiMties.This exclusion applies ercn if the claimsagainst an additional insured allegenegligence or other wrongdoing in thesupervision, hiring, employment, training ormonitoring of others by that insured, if the"occurrence" which caused the "bodily injury"or "property damage", or the ofiense whichcaused the "personal and adrcrtising injury",inwlved the rendering of or failure to renderany professional senices by you with respectto your providing engineering, architectural orsuneying seruices in your capacity as anengineer, architect or suneyor.E. Blanket Additional lnsured - Managers Or Les-sors Of Premises1. Section ll - Who ls An lnsured is amended toinclude as an additional insured any person(s) ororganization(s) with whom you hare agreed in awritten contract, executed prior to loss, to nameas an additional insured, but only with respect toliability arising out of the ownership, maintenanceor use of that part of the premises leased to you,subject to the following additional exclusions:This insurance does not apply to:a. Any "occunence" wtrich takes place after youcease to be a tenant in that premises.b. Structural alterations, new construction ordemolition operations performed by or onbehalf of such additional insured.WN GL 39 08 18lncludes copyrighied npterial of the lnsurarrce Service Office, lnc.,with ib permissionPage 6 of 10
However:a. The insurance afforded to such additionalinsured only applies to the extent permittedby law; andb. lf coverage provided tothe additional insuredis required by a contract or agreement, theinsurance afiorded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.2. With respect to the insurance afiorded to theseadditional insureds, the following is added toSection lll - Limits Of lnsurance:lf corerage provided to the additional insured isrequired by acontract oragreement, the mostwewill pay on behalf of the additional insured is:a. The minimum amount required by thecontract or agreement; orb. The Limits of lnsurance shown in theDeclarations;whicherer is less.This endorsement shall not increase theapplicable Limits of lnsurance shown in theDeclarations.3. With respect to the insurance afforded to theseadditional insureds, the following additionalexclusion applies:This insurance does not apply to:a. "Bodily injury", "property damage" or"personal and advertising injury" arising outof the rendering of, or the failure to render,any professional architectural, engineering orsuneying services, including:(1) The preparing, approVng, or failing toprepare or appro\,e, maps, shopdrawings, opinions, reports, suneys,field orders, change orders or drawingsand specifications; or(2) Supervisory, inspection, architectural orengineering activities.This exclusion applies eren if the claimsagainst an additional insured allegenegligence or other wrongdoing in thesupervision, hiring, employment, training ormonitoring of others by that insured, if the"occurence" wtrich caused the "bodily injury"or "property damage", or the offense whichcaused the "personal and adrcrtising injury",inrclwd the rendering of or fuilure to renderany professional services by you with respectto your proMding engineering, architectural orsuneying services in your capacity as anengineer, architect or suneyor.F. Blanket Additional lnsured State OrGovernmental Agency Or Subdivision Or politicalSubdivision - Permits Or AuthorizationsSection ll - Who ls An Insured is amended to in-clude as an additional insured any state orgoremmental agency or subdivision or politicalsubdiMsion with whom you hare agreed in a vwittencontract, executed prior to loss, to name as anadditional insured, subject to the following provisions:1. This insurance applies only with respect to op-erations performed by you or on your behalf forwhich the state or gowmmental agency or sub-division or political subdivision has issued apermit or authorization.Howerer:a. The insurance afforded to such additionalinsured only applies to the extent permittedby law; andb. lf cowrage provided to the additional insuredis required by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toproMde for such additional insured.2. This insurance does not apply to:a. "Bodily injury", "property damage" or "per-sonal and advertising injury" arising out of op-erations performed for the federal go\ern-ment, state or municipality; orb. "Bodily injury" or "property damage" includedwithin the "products-completed operationshazard".3. With respect to the insurance afforded to theseadditional insureds, the following is added toSection lll- Limits Of Insurance:lf corcrage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is:a. The minimum amount required by thecontract or agreement; orb. The Limits of lnsurance shown in theDeclarations;whicherer is less.This endorsement shall not increase theapplicable Limits of lnsurance shown in theDeclarations.wN GL 39 08 18lncludes copyrighted nsterial of the lnsurarne Service Office, lnc.,with its permission.Page 7 of 10
4. With respect to the insurance afiorded to theseadditional insureds, the following additionatexclusion applies:This insurance does not apply to:a. "Bodily injury", "property damage,' or"personal and adrertising injury" arising outof the rendering of, or the hilure to render,any professional architectural, engineering orsuneying services, including.(1) The preparing, approMng, or ftiting toprepare or appro\€, maps, shopdrawings, opinions, reports, suneys,field orders, change orders or drawingsand specifications; or(2) Supervisory, inspection, architectural orengineering actiMties.This exclusion applies even if the claimsagainst an additional insured allegenegligence or other wrongdoing in thesupervision, hiring, employment, training ormonitoring of others by that insured, if the"occunence" which caused the "bodily injury"or "property damage", or the offense whichcaused the "personal and adrrertising injury",inwlwd the rendering of or failure to renderany professional senices by you with respectto your proMding engineering, architectural orsuneying services in your capacity as anengineer, architect or suneyor.G. Blanket Additional lnsured State OrGovernmental Agency Or Subdivision Or politicalSubdivision - Permits Or Authorizations RelatingTo PremisesSection ll - Who ls An lnsured is amended to in-clude as an additional insured any state orgoremmental agency or subdivision or politicalsubdiVsion with whom you hare agreed in a writtencontract, executed prior to loss, to name as anadditional insured, subject to the following pror,ision:1. This insurance applies only with respect to the fol-lowing hazards for which the state orgoremmental agency or subdivision or politicalsubdivision has issued a permit or authorizationin connection with premises you own, rent orcontrol and to which this insurance applies:a. The existence, maintenance, repair,construction, erection or remoral ofadrcrtising signs, awnings, canopies, cellarentrances, coal holes, driveways, manholes,marquees, hoist away openings, sidewalkraults, street banners or decorations andsimilar exposures; orb. The construction,elerators; orerection or remoral ofc. The ownership, maintenance or use of anyelerators corcred by this insurance.Howerer,a. The insurance afiorded to such additionalinsured only applies to the extent permittedby law; andb. lf coverage provided tothe additional insuredis required by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.2. With respect to the insurance afiorded to theseadditional insureds, the following is added toSection lll - Limits Of lnsurance:lf corerage proMded to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additional insured is:a. The minimum amount required by thecontract or agreement; orb. The Limits of lnsurance shown in theDeclarations;whicher,er is less.This endorsement shall not increase theapplicable Limits of lnsurance shown in theDeclarations.3. With respect to the insurance afforded to theseadditional insureds, the following additionalexclusion applies:This insurance does not apply to:a. "Bodily injury", "property damage" or"personal and adrertising injury" arising outof the rendering of, or the failure to render,any professional architectural, engineering orsuneying seruices, including.(1) The preparing, approMng, or faiting toprepare or approte, maps, shopdrawings, opinions, reports, suneys,field orders, change orders or drawingsand specifcations; or(2) Supervisory, inspection, architectural orengineering activities.Page 8 of 10wN GL 39 08 18lncludes copyrighted rnaterial of the lnsurarce Service Office, lnc.,with its permission
This exclusion applies ercn if the claimsagainst an additional insured allegenegligence or other wrongdoing in thesupervision, hiring, employment, training ormonitoring of others by that insured, if the"occurrence" which caused the "bodily injury"or "property damage", or the ofiense whichcaused the "personal and adr,ertising injury",inwlrcd the rendering of or fuilure to renderany professional services by you with respectto your proVding engineering, architectural orsuneying senices in your capacity as anengineer, architect or suneyor.SECTION III - LIMITS OF INSURANCE AMENDMENTSA. Damage To Premises Rented To YouParagraph 6. is replaced by the following:6. Subject to Paragraph 5. aborc, the most we willpay under Coverage A for damages because of"property damage" to any one premises, whilerented to you, or in the case of damage by fire,lightning, explosion or sprinkler leakage, whilerented to you or temporarily occupied by you withpermission of the owner is the greater of:a. $300,000; orb. The amount shown next to the Damage ToPremises Rented To You Limit in the Decla-rations.Howerer, the provisions of this paragraph do notapply if Damage To Premises Rented To YouCowrage is excluded by endorsement.B. MedicalExpense LimitParagraph 7. is replaced with the following:7. Subject to Paragraph 5. abole, the most we willpay under Coverage C for all medical expensesbecause of "bodily injury" sustained by any oneperson is the greater of:a. $10,000; orb. The amount shown next to the Medical Ex-pense Limit in the Declarations.This insurance does not apply if corerage forMedical Expenses is excluded either by the pro-visions of the cowrage part or by endorsement.SECTION IV - COMMERCIAL GENERAL LIABILITYCONDITIONS AMENDMENTSA. Knowledge Of OccurrenceItem 2. Duties In The Event Of Occurrence, Of-fense, Glaim or Suit is amended by adding the fol-lowing:e. You must gire us or our authorized representa-tirc prompt notice of an "occunence", claim orloss only when the "occurrence", claim or loss isknown to:(1) You, if you are an individual;(2) A partner, if you are a partnership;(3) An executirc officer or insurance manager, ifyou are a corporation; or(4) A member or manager, if you are a limitedliability company.B. Other lnsuranceItem 4. Other lnsurance, b. Excess lnsurance (1)(a) (ii) is replaced by the following:(ii) That is fire, lightning, explosion or sprinkter teak-age insurance for premises rented to you ortemporarily occupied by you with permission ofthe owner;C. Unintentional Failure To Disclose HazardsItem 6. Representations is replaced by the following:6. Representations And Unintentional FailureToDisclose Hazardsa. By accepting this policy, you agree:(1) The statements in the Declarations areaccurate and complete;(2) Those statements are based upon repre-sentations you made to us; and(3) We have issued this policy in relianceupon your representations.b. lf you unintentionally fail to disclose any haz-ards existing at the inception date of yourpolicy, we will not deny co\erage under thisCorerage Part because of such fuilure.Howerrer, this proMsion does not affect ourright to collect additional premium or exerciseour right of cancellation or non-renewal.wN GL 39 08 18lncludes copyrighted neterial of the lnsurarce Service Off ice, lnc.,w ith 'rts permission.Page9of10
D. Waiver of SubrogationItem 8. Transfer of Rights of Recovery AgainstOthers to Us is hereby amended by the addition ofthe following:We waire any right of recorery we may har,e becauseof payments we make ficr injury or damage arising outofyour ongoing operations or"yourwork" done undera written contract, executed prior to loss, requiringsuch wairer with that person or organization andincluded in the "products-completed operationshazard". Howerer, our rights may only be waivedprior to the "occunence" giving rise to the injury ordamage for which we make payment under thisCoverage Part. The insured must do nothing after aloss to impair our rights. At our request, the insuredwill bring "suit" or transfer those rights to us and helpus enforce those rights.SEGTION V - DEFINITIONS AMENDMENTSA. lnsured Contract AmendedParagraph 9. a. is replaced by the following:a. A contract for a lease of premises. Hower,er, thatportion of the contract ficr a lease of premises thatindemnifies any peron or organization fordamage by fire, lightning, explosion or sprinklerleakage to premises while rented to you ortemporarily occupied by you with permission ofthe orrrrner is not an "insured contract";B. Personal And Advertising lnjury RedefinedParagraph 14. d. and e. are replaced by the firllowing:d. Oral, written, televised, videotaped or electronicpublication of material that slanders or libels aperson or organization or disparages a peru;on'sor organization's goods, products or seruice,e. Oral, written, teleMsed, videotaped or electronicpublication of material that Molates a person'sright of priwcy;wN GL 39 08 18lncludes copyrighted naterial of the lnsurarce Service Office, lnc.,w ith its permission.Page10of10
wN cA 27 1112BUSINESS AUTO ENHANCEMENT ENDORSEMENTThe Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. Thefollowing is a summary of broadened coverages provided by this endorsement. No coverage is provided by thissummary, refer to following endorsement for changes in your policy.SUMMARY OF COVERAGESPAGEAccidental Airbag Deployment CoverageAuto Loan/Lease Gap CoverageBlanket Additional lnsuredBlanket Waiver of SubrogationBroadened Definition of lnsured includes:. Newly Acquired Organizations for up to 180 Days. Employees as lnsuredso Subsidiaries in Which You Own 50% or More4424222Broadened Definition of Bodily lnjury to lnclude Mental AnguishDeductible Waiver for Glass RepairEmployee Hired AutoFellow Em ployee CoverageHired Auto Physical Damage CoverageKnowledge of Accident, Claim, Suit or LossLoss Of Use Expenses - AmendedPersonal EffectsRental Reimbursement CoverageSupplementary Payments - Amended:. Bail Bonds up to $5,000o Loss of Earnings up to $500/DayTransportation Expense Limits - AmendedUnintentional Failure to Disclose Hazards532,52343332235wN cA 271112lncludes copyrighted material of lnsurance Services ffice, with its permissionPage 1 of 5
wN cA 27 11 12THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLYBUSINESS AUTO ENHANCEMENT ENDORSEMENTThis endorsement modifies the insurance provided under the following:BUSINESS AUTO COVERAGE FORMWith respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modifiedby this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endbrsement will beamended as shown below.SECTION II- LIABILITY COVERAGE AMENDMENTSA. Who ls An lnsured - amendedSECTION ll - LIABILITY COVERAGE, ltem A.Coverage, 1. Who ls An lnsured is amended toadd:d. Any legally incorporated subsidiary of yours inwhich you own more than 50% of the votingstock on the effective date of this coverage form.However, "insured" does not include anysubsidiary of yours that is an "insured" underany other automobile liability policy, or would bean "insured" under such policy but fortermination of such policy or the exhaustion onsuch policy's limits of insurance.e. Any organization which is newly acquired orformed by you and over which you maintainmajority ownership. However, coverage underthis provision:(1) is afforded only for the first 180 days afteryou acquire or form the organization or untilthe end of the policy period, whichevercomes first;(2) does not apply to "bodily injury" or "propertydamage" that results from an "accident" thatoccurred before you formed or acquired theorganization;(3) does not apply to any newly acquired orformed organization that is a joint venture orpartnership; and(4) does not apply to an "insured" under anyother automobile liability policy, or would bean "insured" under such a policy but for ter-mination of such policy or the exhaustion ofsuch policy's limits of insurance.f. Any "employee" of yours is an "insured" whileusing a covered "auto" you don't own, hire orborrow in your business or your personal affairs.g. Any "employee" of yours is an "insured" whileoperating a covered "auto" hired or rented undera contract or agreement in the "employee's"name, with your permission, while performingduties related to the conduct of your business.B. Blanket Additional lnsuredSection ll- LIABILITY COVERAGE,Item A.Goverage, 1. Who ls An Insured, paragraph c. isamended to add the following:Any person or organization who is required under awritten contract or agreement between you and thatperson or organization, that is signed and executedby you before the "bodily injury" or "propertydamage" occurs and that is in effect during the policyperiod, to be named as an additional insured is an"insured" for Liability Coverage, but only fordamages to which this insurance applies and only tothe extent that persons or organization qualifies asan "insured" under the Who ls An lnsured provisioncontained in Section ll.C. Liability Coverage Extensions - SupplementaryPaymentsSECTION ll - LIABILITY COVERAGE, ttem A.Coverage, 2. Coverage Extensions, a.Supplementary Payments is amended by replacingsubparagraphs (2) and (4) with the following:(2) Up to $5,000 for cost of bail bonds (includingbonds for related traffic law violations) requiredbecause of an "accident" we cover. We do nothave to furnish these bonds.(4) All reasonable expenses incurred by the"insured" at our request, including actual loss ofearnings up to $500 a day because of time offfrom work.D. Fellow Employee GoverageSECTION ll - LIABILITY COVERAGE, B. Exctu-sions, 5. Fellow Employee does not apply.wN cA 27 1112lncludes copyrighted material of lnsurance Services ffice, with its permissionPage 2 of5
SECTION III - PHYSICAL DAMAGE COVERAGEAMENDMENTSA. Transportation Expense - Limits AmendedSECTION III - PHYSICAL DAMAGE COVERAGE,A. Goverage, 4. Goverage Extensions, a. Trans-portation Expenses is amended by replacing 920per day/$600 maximum limit with $50 per day/91000maximum.B. Hired Auto Physical Damage - Loss Of UseExpenses - Limits AmendedSECTION III - PHYSICAL DAMAGE COVERAGE,Item A. Goverage, 4. Coverage Extensions, b.Loss of Use Expenses is amended by replacingthe $20 per day/$600 maximum limit with $50 perday/$750 maximum limit.C. Personal Effects CoverageSECTION III - PHYSICAL DAMAGE COVERAGE,Item A., Goverage, 4. Coverage Extensions isamended by adding the following:c. Personal EffectsWe will pay up to $500 for "loss" to personaleffects, which are:(1) Owned by an "insured"; and(2) ln or on your covered "auto."This coverage applies only in the event of the totaltheft of your covered "auto." No deductible applies tothis coverageD. Glass Repair - Deductible WaiverSECTION III - PHYSICAL DAMAGE COVERAGE,Item A. Coverage, 3. Glass Breakage, is amendedby adding the following:No deductible will apply to glass breakage if suchglass is repaired, in a manner acceptable to us,rather than replaced.E. Hired Auto Physical DamageSECTION III - PHYSICAL DAMAGE COVERAGE,Item A. Goverage is amended by adding thefollowing:5. lf hired "autos" are covered "autos" for LiabilityCoverage and if Comprehensive, SpecifiedCauses of Loss, or Collision coverages are pro-vided under this coverage form for any "auto"you own, then the Physical Damage Coveragesprovided are extended to "autos" you hire of likekind and use, subject to the following:a. The most we will pay for any one "loss" is$50,000 or the actual cash value or cost torepair or replace, whichever is less, minus adeductible'b. The deductible will be equal to the largestdeductible applicable to any owned "auto"for that coverage. Any Comprehensivedeductible does not apply to "loss" causedby fire or lightening;c. Hired Auto Physical Damage coverage isexcess over any other collectible insurance;andd. Subject to the above limit, deductible andexcess provisions we will provide coverageequalto the broadest coverage applicable toany covered "auto" you own.lf a limit for Hired Auto Physical Damage is indicatedin the Declarations, then that limit replaces, and isnot added to, the $50,000 limit indicated above.F. Rental ReimbursementSECTION III - PHYSICAL DAMAGE COVERAGEItem A. Coverage, is amended by adding thefollowing:6. This coverage applies only to a covered "auto" ofthe private passenger or light truck type asfollows:a. We will pay for rental reimbursementexpenses incurred by you for the rental of aprivate passenger or light truck type "auto"because of "loss" to a covered private pas-senger or light truck type "auto". Paymentapplies in addition to the otheruvise applica-ble amount of each coverage you have on acovered private passenger or light truck type"auto." No deductibles apply to thiscoverage.b. We will pay only for those expenses incurredduring the policy period beginning 24 hoursafter the "loss" and ending, regardless of thepolicy's expiration, with the lesser of the fol-lowing number of days:1. The number of days reasonably re-quired to repair or replace the coveredprivate passenger or light truck type"auto". lf "loss" is caused by theft, thisnumber of days is added to the numberof days it takes to locate the coveredprivate passenger or light truck type"auto" and return it to you; or2. 30 days.c. Our payment is limited to the lesser of thefollowing amounts:1. Necessary and actual expensesincurred, or2. $50 per day, up to a maximum of$1,000.wN cA 27 1112lncludes copyrighted material of lnsurance Services Office, with its permissionPage 3 of 5
d. This coverage does not apply while thereare spare or reserve private passenger orlight truck type "autos" available to you foryour operations.e. lf "loss" results from the total theft of acovered "auto" of the private passenger orlight truck type, we wiil pay under this cover-age only that amount of your rental reim-bursement expenses which is not alreadyprovided for under SECTION lllPHYSICAL DAMAGE COVERAGE, A.Goverage, 4. Coverage Extension.For the purposes of this Rental Reimbursementcoverage, light truck is defined as a truck with agross vehicle weight of 10,000 lbs. or less as definedby the manufacturer as the maximum loaded weightthe auto is designed to carry.G. Accidental Airbag Deployment CoverageSECTION III - PHYSICAL DAMAGE COVERAGEItem A. Coverage is amended by adding thefollowing:7. We will pay to reset or replace factory installedairbag(s) in any covered "auto" for accidentaldischarge, other than discharge due to acollision loss.This coverage is applicable only if comprehen-sive coverage applies to the covered "auto".This coverage is excess over any other collecti-ble insurance or reimbursement by manufac-turer's warranty.H. Auto Loan/Lease Gap CoverageSECTION III PHYSICAL DAMAGE COVERAGE,Item A., Goverage, is amended by adding thefollowing:8. This coverage applies only to a covered "auto"described or designated in the Schedule or inthe Declarations as including physical damagecoverage.ln the event of a covered total "loss" to acovered "auto" described or designated in theSchedule or in the Declarations, we will pay anyunpaid amount due on the lease or loan for acovered "auto" less:a. The amount paid under the PhysicalDamage Coverage Section on the policy;andb- Any:(1) Overdue lease/loan payments at thetime of the "loss";(2) Financial penalties imposed under alease for excessive use, abnormal wearand tear or high mileage;(3) Security deposits not returned by thelessor;(4) Costs for extended warranties, CreditLife lnsurance, Health, Accident orDisability lnsurance purchased with theloan or lease; and(5) Carry-over balances from previousloans or leases.SECTION IV BUSINESS AUTO CONDITIONAMENDMENTSA. Duties In The Event Of Accident, Claim, Suit OrLoss AmendedSECTION IV - BUSINESS AUTO CONDITIONS, A.Loss Conditions, 2. Duties ln The Event OfAccident, Glaim, Suit Or Loss, a. is amended byadding the following:This condition applies only when the "accident" or"loss" is known to:(1) You, if you are an individual;(2) A partner, if you are a partnership;(3) An executive officer or insurance manager, ifyou are a corporation; or(4) A member or manager, if you are a limitedliability company.But, this section does not amend the provisionsrelating to notification of police, protection or exami-nation of the property which was subject to the"loss".B. Blanket Waiver of SubrogationSection lV - BUSINESS AUTO COND|T|ONS, A.Loss Conditions, 5. Transfer of Rights ofRecovery Against Others to Us, is amended byadding the following exception:However, we waive any right of recovery we mayhave against any person or organization to theextent required of you by a written contract signedand executed prior to any "accident" or "loss",provided that the "accident" or "loss" arises out ofoperations contemplated by such contract. Thewaiver applies only to the person or organizationdesignated in such contract.wN cA 27 11 12lncludes copyrighted matedal of lnsurance Services ffice, with its permissionPage 4 of 5
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C. Unintentional Failure to Disclose HazardsSECTION IV - BUSINESS AUTO CONDITIONS, B.General Gonditions, 2. Goncealment, Misrepre-sentation Or Fraud, is amended to add the follow-ing paragraph:lf you unintentionally fail to disclose any hazardsexisting at the inception date of the policy, or duringthe policy period in connection with any additionalhazards, we will not deny coverage under this Cov-erage Part because of such failure.D. Employee Hired AutoSECTION IV - BUSINESS AUTO CONDITIONS, B.General Conditions, 5. Other Insurance, b. isdeleted and replace by the following:b. For Hired Auto Physical Damage Coverage, thefollowing are deemed to be a covered *autos',you own:(1) Any covered "auto" you lease, hire, rent orborrow.(2) Any covered "auto" hired or rented by your"employee" under a contract in thatindividual "employee's" name, with yourpermission, while performing duties relatedto the conduct of your business.However, any "auto" that is leased, hired, rented orborrowed with a driver is not a covered "auto".SECTION V - DEFINITIONS AMENDMENTSA. "Bodily lnjury" Redefined To lnclude MentalAnguishSECTION V - DEF|NIT|ONS, C. ,,Bodily tnjury" isdeleted and replaced by the following:C. "Bodily injury" means bodily injury, sickness ordisease sustained by a person, including deathresulting from any of these at any time. "Bodilyinjury" includes mental anguish or other mentalinjury resulting from such bodily injury.wN cA 27 11 12lncludes copyrighted material of lnsurance SeMces Office, with its permissionPage 5 of 5
Applegate, JanFrom:Sent:To:Subject:Attachments:Dylan Boulanger <dylan@roadspavingwa.com>Tuesday, May 26,2020 2:52 pMApplegate, JanRe: Contract-Green River Trail al2l2lh Avenue SouthReceipt_Form_1060465.pdf; Roads.paving.Contract 04-23-2O2O.part 1 copy[2].pdfHi Jan,Here are these. I sent the contract back on 5/t2 Fyt O. Coing to grab the city license tomorrow. Thanks!Kind Regards,Dylan BoulangerExecutive AssistantSH!5GT{}\,T,I.253-630-5589 ext. 305 Office | 253-545-0642 FaxMain Office:415 West Valley Highway S, pacific, WA 99047Billing/Accounts Receivable: 12514 SE 270th St, Kent, WA 99030http://www. RoadsPavi nsWA.comFrom: "Applegate, Ja n " <JApplegate@kentwa.eov>Date: Wednesday, May 20,2O2O at 1:39 pMTo: Dylan Boulanger <dvlan@roadspavingwa.com>Subject: FW: Contract-Green River Trail at2t2th Avenue SouthHi Dylan,I have received your insurance info and all is okJust waiting for you to have the contract signed and returned along with a copy of your City of Kent Business LicenseI can then have it signed here by our Deputy parks Director.Thanks,Jan Applegate, Operations AnalystParks Maintenance I Parks, Recreation & Community Services220 Fourth Avenue South, Kent, WA 98032Phone 253-856-5L22 Fax 253-856 -6t2OJApplegate@ KentWA.qovCITY OF KENT, WASHINGTONKentWA.qov Facebook .; ;_:r: youTube1EXTERNAL EMAIL