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Home My WebLink AboutCAG2020-162 - Original - Fountain-Works, LLC - Town Square Plaza Fountain Service & Maintenance - 06/04/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Budget Account Number: Budget? Yes No Grant? Yes 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? Yes No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes 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 Jan Applegate Parks Maintenance Department 04/30/2020 as soon as possible ✔n/a ✔ 15106404.64190.5499 ✔ Fountain-Works, LLC Contract 590460 Town Square Plaza Fountain Service and Maintenance Service and maintenance to be performed on the fountain at Town Square Plaza. Includes replacement parts and new lights and controls. 89,564.20 Other as soon as possible 10/31/2020 ✔ ✔ May 18, 2020 June 3, 2020 Resubmitted. (returned to Parks 5/18 for insurance docs that match Ex. C) OK to sign 6/3/2020, TW. EXHIBIT AniruFOU 1{TAI IIh* x. tl$ESTIMATE #631 1SENT ON:01110t2020SENDER:Fountain Works1855 Cullen Blvd. ste 107Pearland, Tx77581Phone: 281 -303-51 84Email: data@fountain-works.comRECIPIENT:Gity Of Kent220 4lh Ave. SouthKent, WA 98032-5895Phone: (253) 856-5120Branch Location: Houston OfficeCSR: Select CSRSales Rep: Michael PerrySERVICE ADDRESS:220 41h Ave. SouthKent, WA 98032-5895PRODUCT / SERVICE DESCRIPTIONQTY. UNIT COSTTOTALlnstall- Job Materialslnstall- Tech Laborlnstall- FreighVDeliverylnstall- Job Materialslnstall- Job Materials DescriptionREplacement incerts for the cans that will haveaqua switch that dos not require compressed air tooperate. New lids and RDM lights will beincluded. See notes belowlnstall- Technician labor rate for fountaininstallationFreighVDelivery of New Construction Materialslnstall- Job Materials DescriptionCue Server 2 that will allow for future music withouthaving to change system or programming.Not that this does not include sales taxlnstall- Technician labor rate for fountaininstallation of 4 shows in the system with new lightsand valves40 $1 ,155.00 $46,200.001 $15,480.00 $15,480.00$2,532.00$2,455,00$2,532-00*$2,455.00Repai r- Labor & M ateriars ["f,X[-rfl"Jf"iij, HS1;lXi" (com bi ned ) tolnstall- Job Materialslnstall- Job Materials Description/ ManifestSwisson DMX / RDM address programmerTester/ programmer1 $3,4s5.00 $3,455.001 $1,400.00 $1,400.0060 $165.00 $9,900.00lnstall- Tech Labor1 of 2 pages 'lil;1"FOU [{TAIiI:?A r!' ?* Non-taxableThis estimate is valid for 30 days and may be subject to change thereafterSignature:Date:ESTIMATE #631 1SENT ON:01/10/2020SubtotalExempt (0.0%)Total$81,422.00$0.00$81,422.00The new lights and controls are now RDM technology ihat completely simplifiesthe systemand removes the need for air compressdi anO will aiso Odtete litstabout all the electronics in the main control panel. Completely simplifies thesystem and allows for better service and no moving parts. Repair parts willconsist of a valve and a replacement light. Simple and easy repairs with a 1 ye6rwarranty on the equipment. The lights will be 10 times brighter than the presentlights. This change will make the system like new again with more enteriainmentvalue to the public. with this order 5 additional spare replacement valves will beprovided as well as 2 repair kits for LED lights.Ask about our recurring service "Fountain Maintenance Program" which includesdebris removal, surface brushing, draining, refilling, and chemical management.We recommend that you maintain your fountain water quality/ ph level ai7.O -7.6.2 of 2 pages 4t24t2020about:blankState of WashingtonDepartment of Labor & lndustriesPrevaiting Wage Section - Tetephone 360-902-5335PO Box 44540, Olympia, WA 99504-4540Washington State Prevailing WageThe PREVAILING WAGES tisted here inctude both the hourty wage rate and the hourty rate of fringe benefits. Onpubtic work projects, worker's wage and benefit rates must add to not tess than this total,. A briJf description ofovertime catculation requirements are provided on the Benefit Code Key.Journey Level Prevailing Wage Rates for the Effective Date: 4l24l2A2ACountyTradeJob ClassificationlllagC : Holiday,Overtimer Note, *Risk; CtassKing ,LaborersrAir, Gas Ors50.86 7A 4VViewKingi!#xiry "BattastRegular Machine550.867AcvilViews43.1 It<lngKing,.SlneKing !"Fqq+ BumerKils ,# glpggerKing .laborersKingKing ,Laborers,Batch Weighman,Brick PaversBrush CutterBrush Hog FeederTenderGun (30 Lbs. And Over)LaborerrConcrete Ptacement Crew,Concrete Dumper/Chute Operator , 551.80Concrete Form550.s67A4vEIView5s0.868Y View550:867A:8Y,WView550.86, 7A 4V 8Y View4V 8Y View4V 8Y ViewA 4V ry i.SggI 551.80 7A 4V' 8Y View8Y ViewzA ,4Y 9[ , SFg7A 4V 8Y Views51.80 7A 4V 8Y550.86' 7A4VView7A4V 8Y View!.,?o!;F.lLaborers7As50.867A550.86 7As51.807A8Y'8Y8YgYs4V4V4VYlryView,74King ,Laborers Cement Dumper-paving551.80r 7AKing :-trksCement Finisher Tenderi 550.867AKingChange House Or Dry Shacks50.86KingKingChuck Tenderss0.86, LaborersCtary Power SpreaderKing !+ryKing LaborersKingLaborersKingLaborersKingLaborers'King 'Laborers.lilnerLaborersKing 'LaborersKingI Laborers4V4V4V 8Y4V.WViewView, View8Y View8YView8YViewViewlCore Driller $51.80, 7A ' 4VrCrusher Feeder543.11 7ALaborer550.867A,Demolition: Wrecking & Moving (lnct. 5SO.S6 7A,Charred Materiat)?rt h Dj-cg"t550.86, 7A,Diver ssz/4 7ADritl Operator (Hydraulic, Diamond) 551 .80 7A4V4V4V550.86 7A N 8Y ViewKing LaborersDryStack Watl.sss0.86AKing Laborers Dump Persons50.86 7A , 4YKing LaborersTechnicians50.86 7AKing :LaborersErosion Control WorkerKing Laborers,Fatter &, Bucker Chain SawKing ,Laborers Firewatch 543.114V 8Y View8Y View8Y , View74,4V ry Viewabou*blank7A4V1t3 4t24t2020Kingabou[blankForm SetterGabian Baskel BulldersGeneral LaborerJackhammerLaserbeamOperatoqMaintenance PersonManhote Buitder-MudmanMateriaL Yard PersonMotorman-DiNozzteman (Concrete Pump, GreenCutter When Using Combination OfHigh Pressure Air & Water OnConcrete & Rock, Sandbtast, Gunite,Shotcrete, Water Blaster, VacuumBlaster)Pavement BreakerPitot CarPipe Layer LeadPipePipe Pot TenderRetinerPot TenderPor,vdermanPowderman's HetperPower JacksRaitroad Spike Putter - PowerRaker -Re-timbermanRemote EquipmentPersonRip Rap PersonRivet BusterRodderScaffotd ErectorScate Person5s0.865so:q6 a5s0.s6 A150r86S51.807A 4V 8Y ViewLdborersK!!eLaborersKingLaborersKing LaborersKingLaborersKingKingKingKingGrade Checker & Transit Personss2.44 7AGrinders550.86Grout Machine TenderGroutmen (Pressure) lnctuding PostTension BeamsGuardrait Erectorss0.86Hazardous Waste Worker (Levet A) 552.q4 7AHazardous Waste Worker (LevetHlzardous Wa$e Worker {!eve! C} I 550:86Scater55?,4ZA7A7A8YSeryView8Yry8Y ViewKingKingKingLaborersKing LaborersLaborersLaborersLaborersLaborersLaborersLaborersLaborersKing Laboren4V 8Ygy7A 4V 8Y7Ad4V4V4V4V4V4V4Y4Y4V8YgvgY8YScryViewss1.807A8YY!ryViewwViewViewwViewYlqryViews51.80 7A550.86 7A551:80550.86551.80 7As51.80 7Ai+i.rr 7a552.44 7A551.80 7A5s2.55o:8q551.80s51.80s50.86550:86-, As51.80 7A.8Y View7A7ALaborersLaborersKing LaborersKing l-aborersKing LaborersKing LaborerstaborergLaborersLaborersKingKilcKingLaborersKilg.KingLaborersLaborersKing LaborersKing.Kingl-aborersLaborersKing LaborersKing LaborersL+qt*fLaborersLr!q€'ELaborersLaborersKingKingKln,gKingKingKing4Yss0.86 ZA fl ry!12.44 A N. gy550.86 7A 4V 8Y5stq080ViewryView8Y yrry8Y View8YEY8YryViewViewView47A7AZA7ALaborersLaborersKing LaborersKing . taborersKing LaborersKing4V4vtv4VKing !-",?qtgt.King Laborers(Over 20")Stoper550.86 7ASpreader (Concrete)5s1.80A7AStakes50.86Stock Piters50.86 7ASwingingChairTamper & SimitargY8Yabout:blankToolsElectric, Air & Gas , 551.80 7A4VView2t3 4t24t2020Kingaboulblank{Muttipte & setf,Timber Person - Sewer (Lagger,Shorer & Cribber)s51.80r5?9,891sso.86s51.80546.10 7A546.107A5s0.867As51.80 7A, LaborersKing LaborersKing LaborersKingKingKils ,KingKingKingKing LaborersKing 'LaborersKingLaborersKing ,LaborersKing LaborersKingLaborersKing LaborersKingLaborersLaborers,Laborers'LaborersLaborersL*esLaborersr!:#LaborersrTrack Laborer,Track Liner (Power)Traffic ControtLaborerTraffic Control Supervisor7A4V8Y View... -'. .,. -:- .-8Y View7A N. rffY ry7A 4V 8Y View7A4V8YView551.80 7AlyJobsite) .. !5,0,99 ZA , d* gy , VieW4V9C9Cg8YViewViewViewViewTruck SpotterTugger Operator,Tunnel Work-Compressed Air Worker r68.01-70.00 psi4V_4v4VTunnet Work-Compressed0-30 psiAirWorker , 5120.61 7A4V9BView,Tunnel Work-Compressed Air WorkeT , J125.& 7A4V9BView30"01Tunnet Work-Compressed Air Worker 5129.32, 7A 4V 98 View.,44.01-54.0.0 psi,Tunnel Work-Compressed Air Worker54.01-60.00 psi513s.02 7A4VTunnel Work-Compressed Air Worker37.14 7A4V 98View1-64.00 psiTunnel Work-Compressed Air Worker 5142.2464.01-68.00 psi7A 4V 98 View5144.147A4V 98 View'Tunnel Work-Compressed Air Worker i70.01-22.00 psirTunnel Work-Compressed Air Worker 51411.14 7A4V 98 ViewT2-O1-74-OOTunnet Work-Guage and Lock Tender $52.54' 7A4V : $! ViewTunnel Work-Miner552.54: 7A 4V 8Y View551.80 7A4VSYViewVinyl Seamers50.8614V.gy,ViewWatchman539.18; 7A4VView551.80 7A4V ' 8Y ViewWel.l Point Laborers51.80 7A4V 8YViewWasher/Cteaner: 539.18 7A 4V 8YView5146.14t 7A 4V 98 ViewKingLaborersKingKing.KingIjneLaborersKingLaborersKlng lq9g.FtKing ,Laborers'KingLaborersLaborersaboutblank3/3 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. \ ./ ,-jCERTTFICATE OF LIABILITY INSURAMCEDATE (MM'DDIYYYY}A: StateCoB:INSURER CINSURER DINSURER EINSURER FFICATEALTERINFORMATINEGATIVELRMATIVELYTHISORIZEDPOLtCtESAUTHHOLDER.THEBYrNsuRER(S),CERTIGAFFORDEDEINTHISSUEPONUTHCOVERAGEETHRIGHTSBETWEENNOERSFORNTRACTcoNcoDAANEXTENDYONLAMEND,ONOLDER,YCONSTITUTEHNOTDOESERTIFICATEOFcORTTERTHERANCEMAANDNSUAASOFEDTEAFFIrssuPRODUCER,NOTISORTECERTIFICADOESTIVETETHISCERTIFICATHISCERTIFICABELOW.REPRESENTAonendorsed.bestatementAorprovisionsendorsement.REDanINSUrequireNALmayliciespohaveustmcertainpolicy,uchpolicy(ies)thesoftheofD,lieuINSUREconditionsholderandONALDITItermscertificateADtheanthetotstobjectholdersuconferWAIVED,certificatenotIStheNdoesTtocertificateSUBROGArstfthPRoDUcER Marsh Wortham, a division of Marsh USA, lnc.131 lnterpark Blvd.San Antcinio,TX78216www.worthaminsurance.comFountain-Works LLC1855 Cullen Blvd. Suite 107Pearland TX 77581INSUREDCOVERAGESCERTIFICATE NUMBER:NUMBER:$1!t000s 2,000,000000$$$$$$1000LIMITSOCCURRENCEIVIED EXPonePERSONAL & ADV INJURYGENERAL AGGREGATEPRODUCTS - COIVIP/OPBODILY INJURY (Per pe6on)BODILY INJURY (Per accident)EACH OCCURRENCEAGGREGATEE.L. EACHE.L. DISEASE - EAE.L- DISEASE - POLICY LIMIT10125t202010t25t202010t25t202010t25t202010125t201910t25t201910t25t2019vP8P281293102B,4P246474502P8P281293102Following Form76305N/AOCCURCLAIIVIS.MADEUMBRELLA LIABEXCESS LIABDEDTYPE OF INSURANCECOMMERCIAL GENERAL LIABILITYGEN'L AGGREGATE LI[/lIT APPLIES PER:f__l pno-JEcr I lLOCPOLICYXC&Ll inchrderlCLAIMS-MADEl",l o".r*AUTOMOBILE LIABILITYANY AUTOO\^/}\]EDAUTOS ONLYHIREDAUTOS ONLYSCHEDULEDAUTOSNON-O\^/NIEDAUTOS ONLYWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYETOR/PARTN ER/EXECUTIVEY/NDED?EXCLUNH)tnEMBERCER/MMAYTHISPERIODTERMS,CHWHTHEPOLICYTOALLTHETOFORRESPECTSUBJECTWTHABOVEISNEDERENAMHDOCUMENTREINSUREDCLAIMS.OTHDDESCRIBEDTHEORPAIESTOBYEDUPOLICIErssCONTRACTTHREDUCEDNANYBYBEENOFBEEHAVEHAVEDITIONLOWAFFORDEDEMAYBcoNORURANCELISTEDSHO\ANNSTERMLIMITSTHEINSURANCERTAIN,OFPOLICIES.PEESREOUIREMENTMAYSUCHANYPOLTCtOROFTHETISSUEDDITIONSNTHABEcoFYANDNOTWTHSTANDINGCERTID.TOTEtsLUSIONSNDICAEXCTHISCERTIFICATEAAABDESCRIPTIONOFOPERATIONS/LOCAIONSTVEHICLES (ACORDl0l,AdditionalRemarksschedule,maybeattachedifmorespaceisrequired)RE: Fountain MaintenanceCERTITION@ 1988-2015 ACORD CORPORATION. Ail rights reserved.ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORDs2759199 | 22Fon\TLLc I cllBA/unbr/wc ao/2s/19-2a I Erica Mosheim I rt/s/2o7g 4:tsrs8 pM (csT) I pase 1 of 13SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.@^-Wortham, a division of Marsh USA, lnc.AUTHORIZED REPRESENTATIVECitv of Kent220 Fourth Ave. SouthKent WA 98032 B.A.P24647450211t5t2019Fountain-Works LLCTHIS ENOORSEI''ENT GHANGES THE POLICY. PLEASE READ IT CAREFULLY.TEXAS BUSINESS AUTO POLICY PLUS ENDORSEMENTThis endorsement modifies insurance provided under the following:BUSINESS AUTO COVERAGE FORMCONTENTS:A. ADDITIONAL INSURED - AUTOMATIC STATUSB. BROADENED INSUREDC. DUTIES IN THE EVENT OF AN ACCIDENT. CLAIM, SUIT OR LOSS CONDITIOND. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDSE. RESULTANT MENTAL ANGUISHF. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSIONG. EMPLOYEES AS INSUREDSH. EMPLOYEE HIREDAUTOSI. INCREASED BAIL BONDS AND LOSS OF EARNINGSJ. INCREASED TRANSPORTATION EXPENSE - TOTAL THEFT OF A COVERED AUTOK" INCREASED LOSS OF USE EXPENSEL. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGEM. GLASS REPAIR DEDUCTIBLE WAIVERN. COLLISION DEDUCTIBLE WAIVERo. TowrNGP. AUTO LOANILEASE GAP COVERA'GEQ. PERSONAL EFFECTS COVERAGER. LOCKSM]TH SERVICESS. TAPES, RECORDSAND DISCS COVERAGET. HIRED AUTO PHYSICAL DAMAGEU. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS - WORLDWIDE COVERAGEV. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO USsA 30 02 06 08A. ADDITIONAL INSUREO - AUTOMATIC STATUSItem 1.c- ol SECTION ll - LIABILITY COVERAGE is deleted and reptaced with the fottowing:c. Anyone liable for the conduct of an "insured" described above but only to the extenl of thatliability- This includes, but is not limiled to, any person or organizatioi for whom you areperforming operations when you and such person or organizition have agreed in a wiitenmntracl or a wriften agreemenl that such iperson or organization be added as an additionalinsured on your policy. Such person or organization iJan additional insured under this policyonly with respect to liability caused in whote or in part by your acts or omissions in theperformance of your ongoing operations for the additional insured. A person or organization'sstatus as an additional insured for ongoing operations under this policy ends when youroperations for the additional "insured" are completed or when this poliiy is cancellei, whicheveroccurs first.52L59?99 i 22FOUjTLLC I GL,/BA,/Umbf,/ffC rA/2s/L9-2A L Erica Moshein rt/5/2otg 4:15:58 pM (csT) | page 2 of 13Page 1 of5 BROADENED INSUREDThe following paragraph is added to SECTTON il - WHO tS AN INSURED:d. Any organization of yours, other than a partnership or joint venture, of which you own a financialinterest of more than 50% as of ihe effective date of this Coverage part, will qualify as an"insured". However, such organization will not qualifiy as an "insured" if it is also an "insured"under another policy, other than a policy written to apply specifically in excess of this CoveragePart or would be an "insured" under such policy bui for its termination or the exhaustion of itJlimits ol insurance. Each such organization remains qualified as an "insured" only while you owna financial interest of more than 50olo in the organization during the policy period.e. Any organization that is acquired or formed by you, other than a partnership or joint venture, ofwhich you own a financial interesi of more than 50o/o will qualify as an "insured". However, suchorganization will not qualify as an 'insured" if it is also an "insured" under another poiicy, otherthan a policy wriften to apply specifically in excess of this Coverage Part or would be an 'insured'under such policy but for its termination or the exhauslion of its limits of insurance. Each suchorganization remains qualified as an "insured" only while you own a financial interest of rnore than50% in the organization during the policy period.This provision does not include:(1 ) any organization 1 80 days or more after its acquisition or formation; or(2) 'bodily injury", "property damage" or "covered pollution cosl or expense" caused by an"accident" that occuned before you acquired or formed the organization.C. DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS CONDITIONThe following paragraph is added to the end of Paragraph A. 2., SECTTON tV- BUSTNESS AUTOCONDITIONS:Your obligation to notify us promptly of an'accident", claim, 'suit" or'loss" is satisfied if you send uswritten notice as soon as practicable after any of your executive officers, directors, partners, insurancemanagers, legal representatives, or "employees" authorized by you to give or receive notices becomesaware of or should have become aware of such "accident", claim, "suif or'loss".lf you report an 'aceident" or1oss" to your workers compensation insurer whieh later becomes a claimunder this coverage part, failure to report such 'iaccidenl' or "loss' to us at the time of the ,accident' or"loss" will not be considered a violation of this Condition, if you notify us as soon as practicable when youbecome aware that the "accident" or "loss" has becorne a liability claim.DUNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDSThe following paragraph is added to Paragraph B. of SECTION lV - BUSINESS AUTO CONDTTTONS:Based on our reliance on your representations of existing hazards, if you unintentionally fail to disclose alisuch hazards prior to lhe beginning of the poticy period of this Coverage Part, we shall not deny coverageundel this Coverage Part because cjf such failure. -E. RESULTANT TIIIENTAL ANGUISHThe definition of "bodily injury' is SECTION V- DEFINITIONS is replaced by the folfowing""Bodily injury" means bodily injury, sickness or disease sustained by any person, including mentalanguish or death resulting from any of these.F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSIONThe Fellow Employee Exclusion contained in Section ll - Liability Coverage does not appty if the "bodilyinjury" results from the use of e covered 'auto" you own or hire. The insurance granted under thisprovision is excess over any other collectibte insurancesA 30 02 06 08B521A9199 | 22FOUNTLLC I GLlBA,/Umbr,/WC 70/25/19-20 ] Erica uosheim I ;.L/5/2Or9 4:15:58 pM (CST) page 3 of t3Page 2 of 5 I,,/- | 'EMPLOYEES AS INSUREDSThe following is added to the SECT|ON ll * LIABILITY COVERAGE, Paragraph A.1. Who ts An lnsuredprovision:Any "employee" of yours is an "insured" while using a covered "auto' you don't own, hire or borrow in yourbusiness or your personal affairs.EI,IPLOYEES HIRED AUTOSThe following is added to the SECTION ll * LlABlLlry COVERAGE, Paragraph A.1. Who ts An tnsuredprovision:Any "employee" of yours is an "insured" while operating an "aulo" hired or rented under a contract oragreement in that remployee's'narne, with your permission, while performing duties related to theconduct of your business.SECTION lV - BUSINESS AUTO CONDITIONS, B. Generat Conditions, 5.b. Other lnsurance is replacedby the following;For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you owr:l. Any covered "auto" you lease, hire, rent or bonow: and2- Any covered "auto" hired or renied by your "employee' under a contract in that individual'employee's" narne, with your pennission, while performing duties related to the conduct of your- business.However, any "auto" that is leased, hired, rented or bonowed with a driver is not a covered "auto,'.INCREASED BAIL BONDS ANO LOSS OF EARNINGSsEcrloN ll- LlABlLlw covERAGE, A.2. coverage Extensions, a. supptementary payments isamended by:1. Replace the $2,000 limit for cost of bait bonds with $s,000 in paragraph (2); and2' Replace the $250 a day limit for reasonable expenses including actual loss of earnings with $S00a day in paragraph {4)_INCREASED TRANSPORTATION EXPENSE - TOTAL THEFT OF A COVERED AUTOSECTION lll- PHYSICAL DAMAGE COVERAGE, A.4, Coverage Extensions, a. TransportationExpenses, is amended by replacing $20 per day with $60 per dJy, and the $600 maximum witrr $1,g00maximum.This extension applies lo all covered "aulos'' with a Gross Vehicle Weight of less than 10,001 pounds.sA 30 02 06 08GH.K.t.JINCREASED LOSS OF USE EXPENSESSECTION lll - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, b. Loss Of Use Expenses,is amended by replacing $20 per day with $60 per day, and the$600 maximum with $1,g00 maximum.L. ACCIDENTAL DISCHARGF OF AIRBAG GOVERAGEThe following is added to Exclusion 8.3.a. of sEcTtoN ilt - pHystcAl DAMAGE covERAGEHowever, this exclusion does not apply to the accidenial discharge of an airbag.M. GLASS REPAIR DEDUCTIBLE WAIVERThe following is added lo paragraph D. of sECTloN ilt- PHystcAL DAMAGE CoVERAGE:No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather thanreplaced.52r59i99 | 22For,NTLLc I cllBA/umbr/wc ro/2s/r9-2a I Erica Moshein ) r1,/5/2019 4:1s:58 pM (csT) | page 4 of 13Page 3 of 5 N. COLLISION OEDUCTIBLE WAIVERThe following is added io paragraph D. of sECTtoN ilt- pHyslcAl DAMAGE covERAGE:When a covered "auto' insured for Gollision coverage under this policy collides with anolher "auto" weinsure' the Collision deductible applicable to the covered "auton or "auios' insured under this policy shallnot apply.O. TOwlNGSECTION lll- PHYSTCAL DAMAGE COVERAGE, A.2. Towing, is reptaced by replacing the foilowing:2.TowingWe will pay up to $75 for towing and labor cosls incuned each time an "auto" with a GrossVehicle Weighl of less than 10,001 pounds is disabled if the declarations indicate that eitherComprehensive Coverage or Specified Causes of Loss Coverage and Collision Coverage areprovided for that "auto".P. AUTOLOANILEASEGAPCOVERAGE'The following is added to sEcIoN ltl- pHyslcAl DAMAGE COVERAGE:ln the evenl of a total "loss" to a covered'auto" shown in the Schedule or Declarations, we will pay anyunpaid amount due on the lease or loan for a covered ,,auto", less:1. Overdue payments and financial penalties associated with those payments as oi the date of the"totalloss";2. The canyover, bansfer or rollover of a previous outstanding lease or loan balance from anothervehicle to the original iease or loan for the scheduled "auto;;3' The dollar amounl of any unrepaired damage which occuned prior lo the total uloss" of lhescheduled "auto";4- All refunds paid or payable to you as a result of the early termination of the lease of loanagreement or, to the extent financed, as a result of the earty termination of any warranty orexlended service agreement on the scheduled .auto,,;5. Financial penalties imposed under a lease agreement for high mileage, excessive use orabnorrnal wear and tear;6. Nonrefundable security deposits; and7. Costs for extended wananties, Credit Life Insurance, Health, Accident or Disability lnsurancepurchased with the loan or lease.The following is added to paragraph A. Loss Conditions of SECTTON tV - BUSINESS AUTOCONDITIONS:Leaselloan Gap Coverage shell apply to the remainin5j term of the original lease or loan agreementwritten on the scheduled "auto" at the time of total "loss".Q. PERSONAL EFFECTS COVER,AGEThe following is added to SECTION lll - PHYSICAL DAMAGE COVERAGE, A.4, Coverage Extensions:c. Personal EffectsWe will pay up to $500 for,,loss" to personal effects which are:(1) owned by an "insured"; and(2) in or on a covered ,'auio".This coverage applies only in the event of a total theft of a covered "auto'. No deductibleapplies to this coverage. Tapes, records, discs or other sirnilar devices used wiih audio,visual or data electronic equipment are not considered personal effects.sA 30 02 06 0852159799 | 22FouMrLLc I Gl,iBAlunbr/wc ro/25/L9-20 | Erica Mosheift I ar/s/2u"9 4:ls:58 pM (csT) | page 5 of 13Page 4 of 5 /-''IR. LOCKSMITH SERVICESThe following is added to SECTION lll- PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions:d. Locksmith ServicesWe will pay up to $10o for necessary locksmith services incuned because keys to a covered"auto" have been lost, slolen or damaged. No deductible applies to this coveiage.S. TAPES, RECORDS AND DISCS COVERAGEExclusion 8.4.a. of sECTtoN ilt - pHystcAl DAMAGE covERAGE does not apply.The following is added to SECTION lll - PHYSTCAL DAMAGE COVERAGE, A.4. Covgrage Exlensions:e. Tapes, RecordsAnd Discs GoverageUnder Comprehensive Coverage we will pay for "loss" to tapes, records, discs or other similardevices used with audio, visual or data electronic equipment. We will pay onty if the tapes,records, discs or other similar audio, visual or data electronic devices: ' '(1) Are your property or that of a iamily member or employee(2J Are in a covered ,'auto" at the time of .loss".The most we will pay for "loss" is $200.T. HIRED AUTO PHYSICAL DA]UAGEIt hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision coveragesare extended to an'auto" you lease, hire, rent, or bonow subject to the lollowing:1. The most we witl pay for "loss" to any leased, hired, rented, or bonowed "auto" is the ActualCash Value or the cost to repair the "a-uto", whichever is smallest.2- The deductible for Hired Auto Physical Damage will be equal to the larges deductibteapplicable to any owned 'auto" scheduled on this policy for that coverage. No deductibleapplies to loss by fire or lightning.3. lf the "loss' to the leased, hired, rerrted, or bonowed "auto" is covered by ComprehensiveCoverage, and if no owned "auto" scheduled on this policy is insured for ComprehensiveCoverage, a $100 deductible wiil apply to the'toss",4. lf the "loss" to the leased, hired, rented, or borrowed "auto" is covered by Cotlision Coverage,and if no owned "auto" scheduled on this policy is insured for Collision Coverage, a $1,000deductible will apply to the "loss"_U- HIRED PRIVATE PASSENGER AUTOS AND LIGHTTRUCKS -WORLDWIDE COVERAGEParagraph B. 7.e.(1) of Section tV - BUSINESS AUTO CONDfiONS -is replaced by the foltowing;Policy Period, Coverage TenitoryA covered "aulo" of the private passenger type or a lighl truck with Gross Vehicle Weight less than 10,001pounds is leased, hired, rented or borrowed without a driver for a period of 30 days or-tess: andV. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO USThe following is added to Section lV - BUSINESS AUTO CONDTTTONS A.5. Transfer Of Rights OfRecovery Against Others To Us:We waive any right of recovery we may have against any person or organization to lhe extent required byyou under a written contracl executed prior to any "accident'or "loss", provided the ',accident" or "loss"arises out of operaiions contemplated by sueh coniracl, This waiver applies only to lhe person ororganization designated in such contract.sA 30 02 06 08s2r59199 | 22FoUNTLLC I GL/BA/Uibr/WC LA/25/T9-2A I Brica Mosheim I r7/5/2Aa9 4:15:58 pM iCST) I paqe 5 of 13Page 5 of 5 FoLmtain-Works LLC10/25t2019/'' ''\$TATEA['TO"lnsurance GompaniesTEXAS LIABILITY PLUS ENDORSEMENTUnless otherwise amended by separate endorsement this endorsement modif ies insurance provided under thefollowing:COMMERCIAL GENERAL LIABILITY COVERAGE FORMCONTENTSI. EXPECTED OR INTENDED PROPERTY DAMAGE2. BROADENED NON-OWNED WATERCRAFT3. AMENDED SUPPLEMENTARY PAYMENTS4 .BROADENED DAMAGE TO PREMISES RENTED OR OCCUPIED BY YOU5. ADDITIONAL INSURED - BROAD FORM VENDORS6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES7. ADDITIONAL INSURED - LESSORS OF EOUIPMENT8. EXTENDED NEWLY ACOUIRED OR FORMED ORGANIZATIONS AS INSUREDS9. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITIONIO. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERSII- PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE12. ELECTRONIC DATA LIABILITY13. "MOBILE EOUIPMENT" REDEFINEDEXPECTED OR INTENDED PROPERTY DAMAGEExclusion 2.a. tn SECTION I - COVERAGE A, is replaced by the foilowing:a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. Thisexclusion does not apply to "bodily injury" or "property damage" resulting fiom the use of reasonableforce to protect persons or property.BROADENED NON-OWNED WATERCRAFTA. lf Endorsement CG 21 09, CG 21 lO, CG 24 50 or CG 24 51 is attached to the Policy, thelollowing is added to_Paragraph 2.S.{2}tb} - Exclusions under Section l- Coverage'.A -Bodily lnjury And Property Damage Liability:Paragraph 2.g.(2Xb) of Section I - Coverages is replaced by the following:(b) A watercraft you do not own that is:{i} Less than 51 feet long and(ii) Not being used to carry persons or property for a charge;B. [_P_qqqqph 2.A. does not apply, the following is added to Paragraph 2.g.lZl - Exclusions underSECTION I - COVERAGE pertaining to non-owned watercraft, is'changed to the following:This exclusion does not apply to:(2) A watercraft you do not own that is:(a) Less than 51 feet long and(b) Not being used to carry persons or property for a charge.AMENDED SUPPLEMENTARY PAYMENTSParagraphs b. and d. of the Supplementary Payments - Coverages A and B section arechanged as shown:b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out9f the use of any vehicle to which the Bodily lnjury tiability Coverage applies. We do not have tofurnish these bonds.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation ordefense of the claim or "suit" including actual loss of earnings up to $500 a day because-of timeoff from work.SL1206 l12l15l Pase 1 of 6x/ / *sL1206-201512enrzsrzlrtc--\t0l2s/2020 --r'1I/5/2019.ffi2.3.Includeslnsurance Servicescopyrighted material ofOffice, lnc., with its permissions2r59199 | 22FouMLLc I GllBA/umbr/wc ro/2s/L9-2o I Erica Mosheim I tt/s/zotg 4:15:58 pM (csT) | page ? of 13 ,,fr/1 -/\STATEA['TO=lnsurance Companies4. BROADENED DAMAGE TO PREMISES RENTED TO YOUA. The paragraph ..immediatety following Exctusion 2.j.(6) in SECTION I - COVERAGE A, isamended as follows:Paragraph (l), {3) and (4) of this exclusion.do not apply to "property damage" (other than damage byfire smoke, lightning explosion, water damage oi' iprinkldr 'leakage) t; premises, inciuainri t[6contents of such premises, rented to ylu for a period'of 7 or fewdr consebutive diys. a se"paraielimit of insurance applies to Damage To Premises Rented To You as described in'Section 'lllLimits 0f lnsurance.B. The last paragraph under Exclusion 2.in SECTION I - COVERAGE A, is amended as follows:Exclusions c. through n. do not apply to damage by fire smoke, lightning explosion, water damage orsprinkler leakage to premises while rented to you'or temporarily olcupied by you with permissidn ofthe owner. A separate limit of insurance applies to this coverage'as desciibed in Section lllLimits 0f lnsurance.C. SECTION lll - LIMITS OF INSURANCE is amended as foilows;Parag_raph 6. is deleted and replaced with the following:6. Subject to 5. abov-e, the Damage To Premises Rented To You Limit is the most we will payunder Coverage.A for damages because of "property damage" to any one premises, while renteito you, or.in the case of damage by fire, smoke, lightning, explosion, watbr damage or sprinklerl-eg\age, while rented to you or temporarily occupied by you, with permission of thd owner.Subject _to all the terms of SECTI0N lll - LlM|TS" 0F lNSURAttCe, tne Damage to premisesRented To You Limit is the greater of:a. 5500.000; orb. The amount shown in the Declarations for Damage to Premises Rented To You Limit.D. Paragraph a.b.fi)hXii) in Section lv - cOMMERctAL GENERAL LtABtLtry CONDtTtoNS isreplaced with the following:{ii} Ttrat is Fire, Smoke, Lightning Explosion, Water Damage, or Sprinkler Leakage lnsurance for_ premises while_ rented to you or temporarily occupied by you with the permission of the owner.E. Paragraph 9.a. in Section V - DEFINITIONS is amended to read:a. A contract for a lease of premises. However, that portion of the contract for a lease ofpremises that indemnifies any person or organization for damage by fire, smoke, lightning,explosion, or water damage or sprinkler leakage to premises, while rented to you or temporarilyoccupied by you with permission of the owner is not an "insured contract".5. ADDITIONAL INSURED . BROAD FORM VENDORSA. SECTION ll - WHO lS AN INSURED is amended to include as an additional insured anyperson(s) or organization(s) (referred to throughout this section as vendor) with whom you agreed',because of a written. contract or .agreement to provide insurance, but only with respect-to "bodilyinjury" or "property damage" arising out of "your products" which are distributed br sold in thirregular course of the vendor's business.However:1- The insurance afforded to such vendor only applies to the extent permitted by law; and2. lf coverage provided to the vendor is required by contract or agreement, the insurance afforded tosuch vendor will not be broader than that which you are required by the contract or agreement toprovide for such vendor.B. With_"respect to the insurance afforded to these vendors, the following additional exclusions apply:1- The insurance afforded the vendor does not apply to:a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages byreason of the assumption of liability in a contract or agreement. This exclusion does noiapply to liability for damages that the vendor would have in the absence of the contract oragreemen!b. Any express warranty unauthorized by you;c. Any physical or chemical change in the product made intentionally by the vendofid. Repackaging, except when unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturel and thenrepackaged in the original containe[e. Any failure to make such inspections, adjustments, tests or servicing as the vendor hasagreed to make or normally undertakes to make in the usual course of business, inconnection with the distribution or sale of the products;t. Demonstration, installation, servicing or repair operations, except such operations performed atthe vendor's premises in connection with the sale of the produc!SL12OG l12l15l Page 2 of 6*/ / xSL1206- 201512lncludeslnsurance Servicescopyrighted material ofOffice, lnc., with its permission52A59199 | 22FOLIWLLC I GLlBA,/Umbr/wC rO/25/\g-20 L Erj.ca Mosheim I i/5/2OLs 4:1s:s8 pM (csT) I pase 8 of 13 l"\SfATEATTO=-alnsurance CompaniesSl. Products which, after distribution or sale by you, have been labeled or relabeled or used as acontainer, part or ingredient of any other thing or substance by or for the vendoq orh. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for itsown acts or omissions or those of its employees or anyone else acting on its behalf.However, this exclusion does not apply to:fi) The exceptions contained in Sub-paragraphs d. or f.; or(2) Such inspections, adjustments, tests br'servicing as the vendor has agreed to make ornormally undertakes to make in the usual course of business, in connection with thedistribution or sale of the products.2- This insurance does not apply to any insured person or organization, from whom you haveacquired such products, or any ingredient, part or container- entering into, accompanying orcontaining such products.3. Provision 8.2. does not apply to any vendor included as an insured by an endorsement issued byus and made a part of this Coverage Part.4. This insurance does not apply if "'bodily injury"'or "property damage" included within the"products completed operations hazard" is excluded either by the provisions of the Coverage Partor by endorsement.C. With respect to the insurance afforded to these vendors, the following is added to Section lll -Limits Of lnsurance:lf .coverage_ provided to the vendor is required by a contract or agreement, the most we will pay onbehalf of the vendor is:1. The minimum amount of insurance required by the contract or agreemen! or2. The amount of insurance available under the applicable Limits of lnsurance shown in theDeclarations;whichever is less.This provision shall not increase the applicable Limits of lnsurance shown in the Declarations.ADDITIONAL INSURED . MANAGER OR LESSORS OF PREMISESA. SECTION ll - WHO lS AN INSURED is amended to include as an additional insured anyperson(s) or organization(s) from whom you lease a building or premises when you and such person(s)or organization{s) have agreed in writing in a contract oi agreement that such persbn(s) ororganization(s) be added as an additional insured on your policy. Such person(s) or orgaiization(s) isan insured only with respect to liability for "bodily injury", "property damage" or "personal andadvertising injury" caused in whole or in part by some negligent act or omissions 6y you youremployees, your agents, or your subcontractors as a result of your occupancy, maintenance or use ofthat part of the premises leased to you, provided that:1. The "bodily injury", "property damage" or "personal and advertising injury" giving rise to liabilityoccurs subsequent to the execution of the agreement and2. The written agreement is in effect at the time of the "bodily injury", "property damage","personal and advertising injury" for which coverage was sought.However:t. The insurance afforded to such additional insured only applies to the extent permitted by law;and2. lf coverage provided to the additional insured is required by a contract or agreement, theinsurance afforded to such additional insured will not be broader than that which you are requiredby the contract or agreement to provide for such additional insured.B. ExclusionsThis insurance does not apply to:1. Any "occurrence" which takes place after you cease to be a tenant in that premises.2. Any structural alterations, new construction or demolition operations performed by or on behalf ofthe person(s) or organization(s) from which you lease a buiiding or premises.3. Any premise for which coverage is excluded by endorsement.4. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the solenegligence of the additional insured or by those acting on behalf of the additional insured.C- With respect to the insurance afforded to these additional insureds, the following is added toSection lll - Limits Of lnsurance:lf coverage provided to the additional insured is required by a contract or agreement the most wewill pay on behalf of the additional insured is:1. The minimum amount of insurance required by the contract or agreemen! orSL|2O6 lt2l15l Page 3 of 6,/ / *SL1206-201512lncludes copyrighted material oflnsurance Services Office, lnc., with its permission6.52159799 ] 2zFourml,I,c I GL/BA,/umb!,/wc ra/25/19-20 | Elica Mosheim ) n/s/2oj-9 4:15:59 pM (csT) I page 9 of 13 /. t-\SfATEAT'TO=Jrtlnsurance Companies2. The amount of insurance available under the applicable Limits of lnsurance shown in theDeclarations;whichever is less.This provision shall not increase the applicable Limits of lnsurance shown in the Declarations.ADDITIONAL INSURED . LESSORS OF EOUIPMENTA. SECTION ll - WHO lS AN INSURED is amended to include as an additional insured anyperson(s). or, organization(s) from whom you lease equipment when you and such person(s) o't.organization(s) have agreed in wriling in a contract or agie6ment that sucfr person(s) or oiganizaiion{s)be added as an additional-insured..on your policy. Such person(s) or organizition(s) is an i-nsured onlywith respect to liability for "bodily injury", "property damage" or "personal and advertising injurytcaused, in whole or in part,. fy your maintenance, operation or use of equipment leased to- yoir 6ysuch person(s) or organization(s).Howevel the insurance afforded to such additional insured:1. Only applies to the extent permitted by law; and2. Will not be broader than that which you are required by the contract or agreement to provide forsuch additional insured.A person's or organization's status as an additional insured under this endorsement ends when theircontract or agreement with you for such leased equipment ends.B. With..respect to the insurance afforded to these additional insureds, this insurance does not apply to_ any "occurrence" which takes place after the equipment lease expires.C. With resp,egt to the insurance afforded to these additional iirsureds, the following is added toSection lll - Limits Of lnsurance:The most we will pay on behalf of the additional insured is:1. The minimum amount of insurance required by the contract or agreemen! or2. The amount of insurance available under the applicable Limits of lnsurance shown in theDeclarations;whichever is less.This provision shall not increase the applicable Limits of Insurance shown in the Declarations.EXTENDED NEWLY FORMED OR ACOUIRED ORGANIZATIONS AS INSUREDSParagraph 3. in SECTION ll - WHO lS AN INSURED is deleted and replaced with the following:3. Any organization you newly acquire or form, other than a partnership, or joint venture, and over ihichyou maintain ownership or majority interest, will qualify as an insured if there is no other similarinsurance available to that organization. However:a. Coverage under this provision is afforded only until the 180th day after you acquire or form theorganization or the end of the policy period, whichever is earlie6b. Coverage A- does. not apply to "bodily injury" or "property damage" that occurred before youacquired or formed the organization; andc- Coverage B does not apply to "personal and advertising injury" arising out of an offensecommitted before you acquired or formed the organization. No person or organization is an insuredwith respect to the conduct of any current or past partnership, or joint venture that is not shownas an insured in the Declarations.IMPROVED DUTIES IN THE EVENT OF OCCURRENCE. OFFENSE. CLAIM OR SUITCONDITIONSection lV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:Paragraphs e. and f. are added to 2. Duties ln the Event of Occurrence, Offense, Claim OrSuit, as shown:e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to:(ll You, if you are an individual;(2) A partner, if you are a partnership; or(3) An "executive officer" or insurance manager, if you are a corporation.(4) A member or manager if the named insuied is i limited liabitity company.f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or"suit" is known to:(1) You, if you are an individual;(2) A partner, if you are a partnership; or(3) An "executive officer" or insurance manager, if you are a corporation.(4) A member or manager if the named insuied is a limited liability company.SL1206 l12ll5l Page 4 of 6*/ / xSLl 206- 201 51 278_8.lncludeslnsurance Servicescopyrighted material ofOffice, lnc., with its permission52a59799 | 22FOIJ]WLLC I GLlBA/Umbr/wC rO/25/7s-2A Erica Mosheim | 1,t/5/2019 4:1s:s8 pM (CSr) | page L0 of 13 S]ATEA&rro"rtlnsurance Companies.|0. *Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section lVCOMMERCIAL GENERaI tlnBltlTY CONDITIOI{S E amended by the addition of ttre fouowing:We waive any right of recovery we may have against any person or'organization because of payrientswe . make .for .injury or damage arising out of your ongoing operations -or "your work" done ' under acontract with that person or organization and included in the -"products-completed operations hazard". Thiswaiver applies. only to the person or organization which, befoie the loss, you havd agreed in writing towaive your right of recovery.Itll ployis]on dges-.ry_t.9L!y_!o._allylitten contract formed or executed after performance has begun.1I. PRIMARY AND NONCONTRIBUTORYS_ulplrygrap! a. Primary lnsurance of Paragraph 4- Other lnsurance of Section lVCOMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the following additionatparagraph:However, this insurance is primary to and will not seek contribution from any other insurance available toa person or organization added as an additional insured under the terms of this Coverage Form oramendatory endorsement provided that:a. The person or organization is a Named lnsured under such other insurance; andb. You . have agreed in .yv11ting_ in a contract or agreement that this insurance would be primary andwould not seek contribution from any other insurance available to the additional insured.12. ELECTRONIC DATA LIABILITYA. Exclusion 2.p.^of Coverage A - Bodily lnjury And Property Damage Liability inSection I - Coverages is replaced by the following:2. ExclusionsThis insurance does not apply to:P. Access Or Disclosure Of Confidential Or Personal lnformation And Data-related LiabilityDamages arising out of:fi) Any access to or disclosure of any person's or organization's confidential or personalinformation, including patents, trade secrets, processing methods, customer lists, iinancialinformation credit card information, health information or any other type of nonpublicinformatiory or(2) The loss of , loss of use of, damage to, corruption of, inability to access, or inability tomanipulate "electronic data" that does not result from physical injury to tangible prop6rty.However, this exclusion does not apply to liability for damage because of "bodily injury".B. Thq following is added to Paragraph 2. Exclusions of Coverage B - Per-sorial- AndAdvertising lniury Liability in Section | - Coverages:2. ExclusionsThis insurance does not apply to:A'ccess Or Disclosure Of Confidential Or Personal lnformationDamages arising out of:"Personal and advertising injury" arising out of any access to or disclosure of any person's ororganization's confidential or personal information, including patents, trade secretb, 'processingmethods, customer lists, financial information, credit card information, health informati6n or anyother type of nonpublic information.This exclusion applies even if damages are claimed for notification costs, credit monitoringexpenses, forensic expenses, public relations expenses or any other loss, cost or expense incurredby Y9u or others arising out of any access to or disclosure of any person's or-organization'sconfidential or personal information.B. The following paragraph is added to SECTION lll - LIM|TS OF TNSURANCESubject to 5. above, we will pay up to 550,000 for the loss of "electronic data" under Coverage Afor "property damage" because of all loss of "electronic data" arising out of any one "occurrence".The limit does not increase the "occurrence" limit stated in the Declarations.C- The following definition is added to the Definitions section:"Electronic data" means information, facts or programs stored as or on, created or used on, ortransmitted to or from computer software (including systems and applications software), hard orfloppy disk+ CD-ROMs, tapes, drives, cells, data processing devices or any other media which areused with electronically controlled equipment.SL1206 l12l15l Page 5 of 6x/ / *SL1 2OA- 20151 2lncludes copyrighted material oflnsurance Services Office, lnc., with its permission52L59199 | 22FOUImLLC I GLlBA,/Umbr/WC aO/25/79-2A Erica Mosheih I tt/s/za:^g 4:15:58 pM (csT) | page 11 of t3 ar.\S]ATEAETO=lnsurance CompaniesSLt206 lt2l15l Pase 6 of 6J-ffiD. For the-purposes of the coverage provided by this endorsemenL the definition ,,property damage,, inthe Definitions section is replaced by the following:17. "Property damage" means:a. Physical injury to tangible property, including all resulting loss of use of that property. Allsuch loss of use shall be deemed to occur at the time oi the physical injury ttrat iaus6U it.b. Loss of use of tangible property that is not physically injured. Atf suctr l6ss'of use shall bedeemed to occur at the time of the "occurrence" thai carised it orc. Loss of, loss.of.use of, da.mage.to, corruption of, inability to access, or inability to properlym_anipulate "electronic data" resulting from physical injury-to tangible property. Att subtr'losiof "electronic data" shall be deemed to odcur at the time of tie "occtirrenie" that causedit.---_-_-.F!r_t[e_ _pqn-oggs of this insurance, "electronic data" is not tangible property."MOBILE EOUIPMENT" REDEFINEDSection V - DEFINITIONS is amended as follows:a. Paragraph 12.f.fiXa), tb), and (c) of the "mobile equipment" def inition does not apply to setf -propelled vehicles of less than 1,000 pounds gross vehicle weight.13x/ / *SL1206-201512lncludeslnsurance Servicescopyrighted material ofOffice, lnc., with its permission52159799 L 22FOilNTtLC i GLlBA,/Umbr,/WC 7A/25/79-20 | Brica Moshein 1 tt/s/zotg 4:15:58 pM (csT) | page !2 of 73 STATEAq IOlnsurance Compani-5s AGENT copy1vst2019THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.NOTICE OF CANCELLATIONSCHEDULED PARTYThis endorsement modifies insurance provided under the following:COMMERCIAL AUTOMOBILE COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PARTCOMMERCIAL INLAND MARINE POLICYCOMMERCIAL PROPERTY COVERAGE PARTCRIME AND FIDELITY COVERAGE PARTBUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORMEMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE FORMLIOUOR LIABILITY COVERAGE PARTOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPRODUCT WITHDRAWAL COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTRAILROAO PROTECTIVE LIABILITY COVERAGE PARTSCHEDULEA. We will mail the designated person or organization in the Schedule above at least 30 days' advance noticeor the number of days' advance notice shown in the Schedule above if we cancel or nonrenew this policy forany reason other than nonpayment of premium, subject to statutorily permitted reasons.B. We will mail the designated person or organization in the Schedule above at least I0 days'advance notice ifwe cancel this policy for nonpayment of premium; orC. The person or organization shown in the Schedule above will be mailed confirmation if you cancel this policyfor any reason.ln no event will the action or timing of the named insured's election to cancel or modify the terms of thispolicy serve to extend the policy beyond the expiration date shown in lhe Declarations.Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, orrepresentatives.Sl 10 20 06 10 Page 1 of 1r,/,/.Sl I O20 - 20 l0O6lncludes copyrighted material oflnsurance Services Office, lnc., with its permission52L59199 | 22FOUNTLLC I cL/BA,/Umbr,/WC 70/25/a9-2A I Erica Mosheim | !1,/5/2Arg 4:15:58 pM (CST) | page 13 of 13me:220 Fourth Ave. South30lnformationlete this Schedule, if not shown above, will be shown in the Declarations.ired to SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/28/2019 Marsh Wortham, a division of Marsh USA, Inc. 131 Interpark Blvd. San Antonio, TX 78216 210-249-2308 www.worthaminsurance.com Marsh Wortham, a division of Marsh USA, Inc. Ramon Tristan ramon.tristan@worthaminsurance.com Fountain-Works LLC 1855 Cullen Blvd. Pearland TX 77581 52000716 City of Kent 220 Fourth Ave. South Kent WA 98032 RE: Fountain Maintenance A 1,000,000PBP28129310210/25/2019 10/25/2020 500,000 3 10,000 3 1,000,000 3 XC&U included 2,000,000 2,000,0003 A BAP246474502 10/25/2019 10/25/2020 1,000,000 3 3 3 A PBP281293102 10/25/2019 10/25/2020 5,000,00033 5,000,000Following Form 0 B WCV6176305 10/25/2019 10/25/2020 3 1,000,000 1,000,000 1,000,000 State Automobile Mutual Insurance Co 25135 Accident Fund Ins Co of America 10166 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 1 of 13 10/28/2019 Fountain-Works LLC BAP246474502 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 2 of 13 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 3 of 13 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 4 of 13 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 5 of 13 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 6 of 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS LIABILITY PLUS ENDORSEMENT Unless otherwise amended by separate endorsement this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTENTS 1. EXPECTED OR INTENDED PROPERTY DAMAGE 2. BROADENED NON-OWNED WATERCRAFT 3. AMENDED SUPPLEMENTARY PAYMENTS 4 .BROADENED DAMAGE TO PREMISES RENTED OR OCCUPIED BY YOU 5. ADDITIONAL INSURED - BROAD FORM VENDORS 6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES 7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT 8. EXTENDED NEWLY ACQUIRED OR FORMED ORGANIZATIONS AS INSUREDS 9. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION 10. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 11. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE 12. ELECTRONIC DATA LIABILITY 13. "MOBILE EQUIPMENT" REDEFINED 1. EXPECTED OR INTENDED PROPERTY DAMAGE Exclusion 2.a. in SECTION I - COVERAGE A is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. BROADENED NON-OWNED WATERCRAFT A. If Endorsement CG 21 09, CG 21 10, CG 24 50 or CG 24 51 is attached to the Policy, the following is added to Paragraph 2.g.(2)(b) - Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: Paragraph 2.g.(2)(b) of Section I - Coverages is replaced by the following: (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (ii) Not being used to carry persons or property for a charge; B. If Paragraph 2.A. does not apply, the following is added to Paragraph 2.g.(2) - Exclusions under SECTION I - COVERAGE pertaining to non-owned watercraft, is changed to the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. 3. AMENDED SUPPLEMENTARY PAYMENTS Paragraphs b. and d. of the Supplementary Payments - Coverages A and B section are changed as shown: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off from work. SL1206 (12/15) Page 1 of 6 *//*SL1206-201512 Includes copyrighted material of Insurance Services Office, Inc., with its permission 10/28/2019 Fountain-Works LLC PBP281293102 10/25/2019 10/25/2020 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 7 of 13 4. BROADENED DAMAGE TO PREMISES RENTED TO YOU A. The paragraph immediately following Exclusion 2.j.(6) in SECTION I - COVERAGE A, is amended as follows: Paragraph (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. B. The last paragraph under Exclusion 2.in SECTION I - COVERAGE A, is amended as follows: Exclusions c. through n. do not apply to damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. C. SECTION III - LIMITS OF INSURANCE is amended as follows: Paragraph 6. is deleted and replaced with the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage, while rented to you or temporarily occupied by you, with permission of the owner. Subject to all the terms of SECTION III - LIMITS OF INSURANCE, the Damage to Premises Rented To You Limit is the greater of: a. $500,000; or b. The amount shown in the Declarations for Damage to Premises Rented To You Limit. D. Paragraph 4.b.(1)(a)(ii) in Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: (ii) That is Fire, Smoke, Lightning, Explosion, Water Damage, or Sprinkler Leakage Insurance for premises while rented to you or temporarily occupied by you with the permission of the owner. E. Paragraph 9.a. in Section V - DEFINITIONS is amended to read: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, smoke, lightning, explosion, or water damage or sprinkler leakage to premises, while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 5. ADDITIONAL INSURED - BROAD FORM VENDORS A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this section as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: 1. The insurance afforded to such vendor only applies to the extent permitted by law; and 2. If coverage provided to the vendor is required by contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; SL1206 (12/15) Page 2 of 6 *//*SL1206-201512 Includes copyrighted material of Insurance Services Office, Inc., with its permission 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 8 of 13 g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub-paragraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Provision B.2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This insurance does not apply if "'bodily injury"' or "property damage" included within the "products completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. C. With respect to the insurance afforded to these vendors, the following is added to Section III - Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: 1. The minimum amount of insurance required by the contract or agreement; or 2. The amount of insurance available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. 6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) from whom you lease a building or premises when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by some negligent act or omissions by you, your employees, your agents, or your subcontractors as a result of your occupancy, maintenance or use of that part of the premises leased to you, provided that: 1. The "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. The written agreement is in effect at the time of the "bodily injury", "property damage", "personal and advertising injury" for which coverage was sought. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. Exclusions This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Any structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) from which you lease a building or premises. 3. Any premise for which coverage is excluded by endorsement. 4. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount of insurance required by the contract or agreement; or SL1206 (12/15) Page 3 of 6 *//*SL1206-201512 Includes copyrighted material of Insurance Services Office, Inc., with its permission 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 9 of 13 2. The amount of insurance available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. 7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is: 1. The minimum amount of insurance required by the contract or agreement; or 2. The amount of insurance available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. 8. EXTENDED NEWLY FORMED OR ACQUIRED ORGANIZATIONS AS INSUREDS Paragraph 3. in SECTION II - WHO IS AN INSURED is deleted and replaced with the following: 3. Any organization you newly acquire or form, other than a partnership, or joint venture, and over which you maintain ownership or majority interest, will qualify as an insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, or joint venture that is not shown as an insured in the Declarations. 8. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: Paragraphs e. and f. are added to 2. Duties In the Event of Occurrence, Offense, Claim Or Suit, as shown: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An "executive officer" or insurance manager, if you are a corporation. (4) A member or manager if the named insured is a limited liability company. f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An "executive officer" or insurance manager, if you are a corporation. (4) A member or manager if the named insured is a limited liability company. SL1206 (12/15) Page 4 of 6 *//*SL1206-201512 Includes copyrighted material of Insurance Services Office, Inc., with its permission 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 10 of 13 10. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization which, before the loss, you have agreed in writing to waive your right of recovery. This provision does not apply to any written contract formed or executed after performance has begun. 11. PRIMARY AND NONCONTRIBUTORY Subparagraph a. Primary Insurance of Paragraph 4. Other Insurance of Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the following additional paragraph: However, this insurance is primary to and will not seek contribution from any other insurance available to a person or organization added as an additional insured under the terms of this Coverage Form or amendatory endorsement provided that: a. The person or organization is a Named Insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 12. ELECTRONIC DATA LIABILITY A. Exclusion 2.p. of Coverage A - Bodily Injury And Property Damage Liability in Section I - Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data- related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of , loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damage because of "bodily injury". B. The following is added to Paragraph 2. Exclusions of Coverage B - Personal And Advertising Injury Liability in Section I - Coverages: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information Damages arising out of: "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. B. The following paragraph is added to SECTION III - LIMITS OF INSURANCE Subject to 5. above, we will pay up to $50,000 for the loss of "electronic data" under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence". The limit does not increase the "occurrence" limit stated in the Declarations. C. The following definition is added to the Definitions section: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. SL1206 (12/15) Page 5 of 6 *//*SL1206-201512 Includes copyrighted material of Insurance Services Office, Inc., with its permission 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 11 of 13 D. For the purposes of the coverage provided by this endorsement, the definition "property damage" in the Definitions section is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data" resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 13. "MOBILE EQUIPMENT" REDEFINED Section V - DEFINITIONS is amended as follows: a. Paragraph 12.f.(1)(a), (b), and (c) of the "mobile equipment" definition does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. SL1206 (12/15) Page 6 of 6 *//*SL1206-201512 Includes copyrighted material of Insurance Services Office, Inc., with its permission 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 12 of 13 STATE AUTO6 Insurance Companies AGENT COPY 40 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION SCHEDULED PARTY This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE POLICY COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SCHEDULE 1. Name: 2. Address: 3. Optional Notification: 30 days Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. We will mail the designated person or organization in the Schedule above at least 30 days' advance notice or the number of days' advance notice shown in the Schedule above if we cancel or nonrenew this policy for any reason other than nonpayment of premium, subject to statutorily permitted reasons. . B. We will mail the designated person or organization in the Schedule above at least 10 days' advance notice if we cancel this policy for nonpayment of premium; or C. The person or organization shown in the Schedule above will be mailed confirmation if you cancel this policy for any reason. In no event will the action or timing of the named insured's election to cancel or modify the terms of this policy serve to extend the policy beyond the expiration date shown in the Declarations. Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives. SI 10 20 06 10 Page 1 of 1 •//•SM020-201006 Includes copyrighted material of Insurance Services Office, Inc.. with its permission 10/28/2019 PBP281293102 City of Kent 220 Fourth Ave. South Kent WA 98032 52000716 | 22FOUNTLLC | GL/BA/Umbr/WC 10/25/19-20 | Erica Mosheim | 10/28/2019 3:44:24 PM (CDT) | Page 13 of 13