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HomeMy WebLinkAboutPW16-254 - Amendment - #2 - McDonough & Sons, Inc. - Street Sweeping Services - 06/12/2020 Agreement Routing Form • For Approvals,Signatures and Records Management KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Kathi Kilborn for Bill Thomas Public Works Operations Date Sent: Date Required: > 6/8/2020 6/15/2020 0 Authorized to Sign: Date of Council Approval: Q ❑ Director or Designee ❑ Mayor Budget Account Number: Grant? ❑Yes ❑ No 44005590.6410.7420 Budget? ❑Yes ❑ No Type: Vendor Name: Category: McDonough & Sons, Inc. Contract Vendor Number: Sub-Category: Amendment 0 Project Name: Street Sweeping Services - Option Year 2 E 0 = Project Details:Perform Street Sweeping Services per scope of work on Contract executed }, June 14, 2016 c a Agreement Amount: $14,626.38/Month Basis for Selection of Contractor: GJ 3 Start Date: Mayor's Signature Termination Date: June 30, 2021 Q 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? Contract Number: ❑Yes ❑ No PW16-254 (Amendment#2) Date Received by City Attorney: Comments: June 8, 2020 a, •� i � 3 � 40 f0 p� Date Routed to the Mayor's Office: V1 Date Routed to the City Clerk's Office: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements KENT WAsro SECOND AMENDMENT TO SWEEPING SERVICE CONTRACT BETWEEN THE CITY OF KENT AND MCDONOUGH AND SONS, INC. This Second Amendment ("Second Amendment"), to the Sweeping Service Contract, dated June 14, 2016, ("Agreement") is between McDonough and Sons, Inc., ("Contractor"), and the City of Kent, a Washington municipal corporation ("City"), collectively the ("Parties"). RECITALS A. The Contractor and the City entered into the Agreement, commencing on July 1, 2016 and expiring on June 30, 2019. B. Section 3.1 of the Contract provides for up to two one-year service contract extensions. C. The Agreement was extended through June 30, 2020, through the First Amendment to the Agreement; and D. The City and Contractor desire to extend the term of the contract for the second extension term of one year, commencing on July 1, 2020 and expiring on June 30, 2021. E. The City and Contractor desire to increase the monthly compensation sum from $14,500.00 to $14,626.00. AMENDMENT NOW THEREFORE, the City and Contractor agree as follows: 1. Extension of Contract. The Contract is extended for one year, commencing on July 1, 2020 and expiring on June 30, 2021. 2. Compensation. Section 3.3 of the Agreement, entitled 'Compensation and Taxes," is modified as follows: 3.3 Compensation and taxes. 3.3.1 Contractor shall be paid monthly in the lump sum of $, ^,�9 $14,626.38 for properly providing the required service to Frequency Areas A, B, and C, as described in the Proposal Forms for this Contract. However, the City of Kent reserves the right to alter the frequency in which Area B is serviced with a minimum 90 days' written notice in which case the monthly lump sum will be $14,590.OG $14,626.38. If the City chooses to alter the frequency of Area B (March through October), the change will commence in January of the following year and last through the term of the contract and any applicable extensions - unless further contract modifications are made by the City. FIRST AMENDMENT TO STREET SWEEPING SERVICE AGREEMENT Page 1 (between City of Kent and McDonough and Sons, Inc.) 3.3.2 Contractor shall be paid in the amount of $0.01 per linear foot of curb or properly providing the required service to Frequency Area D, Premium Service, as described elsewhere in this Contract. Payment will be based on the actual linear feet swept. Services }performed in excess of those authorized by the City will not be compensated. 3.3.3 Contractor shall pay all applicable taxes. 3. Ratification. All acts consistent with the authority of this Amendment and prior to its effective date are ratified and affirmed and the terms of the Agreement and this Amendment shall be deemed to have applied. 4. Remainina Provisions. Except as specifically amended by this Amendment, all remaining provisions of this Agreement and the First Amendment shall remain in full force and effect. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONT TO CITY OF KENT: By: By: si natyyre) r (signature) Print Name: gwvelA M r-+ »h Print Name: Dana Ralph Its Ce 2 'X' Its; Mayor (title) 0 DATE: title) 2 2 06/12/2020 S DATE; APPROVED AS TO FORM: N�k,-r L'.- K City Attorney's Office ATTEST: L� 6at d1b City Clerk FIRST AMENDMENT TO STREET SWEEPING SERVICE AGREEMENT Page 2 (between City of Kent and McDonough and Sons, Inc.) CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/DD(YYYY) 09/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS �RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed- If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT Valerie Merry NAME Bell Anderson Agency,Inc. PHONE IC No (425)291-5200 FAx (425)291-5100 600 SW 39th St,Suite 200 L-MAIP_ss: valeriem@bell-anderson.com A1C,No A DR INS URER(SIAFFORDING COVERAGE NAIC# Renton WA 98057 INSURERA- Western National Mutual Insurance Co 1 3377 INSURED INSURER B. McDonough&Sons,Inc INSURERC: 27218 SE Kent-Kangley Road INSURER D: INSURER E Ravensdale WA 98051 INSURER F COVERAGES CERTIFICATE NUMBER: CL1992337084 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTA TYPE OF INSURANCE I WVO POLICY NUMBER MMfaplYYyY MMr00Y 9 LIMITS x COMMERCIAL GENERAL LIABILITY $ 1,000,000 EACI!OCCURRENCE CLAIMS-MADE �OCCUR PREMISES Ea occurrence g 1,000,000 ME EXP[Any one parsonl S 5,000 A `x $5,000 PD Ded. Y Y CPP 1222448 00 09/27/2019 09/27/2020 1,000,000 PERSONAL&ADV INJURY S GEN'LAGGR€GATE LIMITAPPLIES PER: GENERALAGOFiEGATE b 21000,000 PpLfCY PRO- ❑ JECT LOC PRODUCTS_CpMp/ppA 2,000,000 pTHE I. 1UTOMOBILE LIABILITY MBINEO SINGLE LIMIT $ 1,000,000 Ea at7Gdonl x ANY AUTO BODILY INJURY(Per person) $ /� OWNED SCHEDULED CPP 1221427 00 AUTOS ONLY AUTOS 09/27/2019 09/27/2020 BODILY INJURY(Per accident) $ 1/' HIRED NON-OWNED PRpPERTYDAMAGF/'� AUTOS ONLY AUTOS ONLY Per addeM $ x UMBRELLA LIAR x OCCUR 4,000,000 !_ACHOCCURRENCE g A EXCESS LIAB CLAJMS-MARE UMB 1037633 00 09/27/2019 09/27/2020 $ 4,000,000 AGGREGATE 0E❑ I X1 RETENTION s 10,000 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY y/N PERTUTE ERH A ANY OFFICE MEMBERIEXCL EXCLUDE ❑ N/A CPP 1222448 00-WA Stop Gap 09/27/2019 09/27/2020 E•L-EACH ACCIDENT 5 1,000.000 OFFICERIMEMBER E]LCLLIDEO7 (Migndafory In NH) If yBs,describe under E.L DISEASE-EAEMFLOY£E $ 1,000,000 DESCRIPTION OF OPERATIONS below L;.L DIS EASE-POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) jJob#: Job Type:Contract for Street Sweeping] The City,Its officers,officials,employees agents and volunteers are additional insured per the attached endorsement#WNGL49 0715&#WNCA27 0616. Waiver of subrogalion per the attached endorsement#WNGL39 0818&#WNCA27 0616. Primary&non-contributory coverage per the attached endorsement#WNGL49 0715.Per project aggregate applies per#CG2503 0509, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave.S. AUTHORIZED REPRESENTATIVE Kent WA 98032 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy#CPP1221427 00 WN CA 27 0616 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 ■ Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments - Amended: ■ Bail Bonds up to$5,000 2 • Loss of Earnings up to $500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 1 Of 5 Policy#CPP1080375 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under A. Who Is An Insured a contract or agreement in the "employee's" name, with your permission, while performing SECTION II — COVERED AUTOS LIABILITY duties related to the conduct of your business COVERAGE, A. Coverage, 1. Who Is An Insured B. Blanket Additional Insured is amended to add: d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An Insured, stock on the effective date of this coverage form. paragraph c. is amended to add the following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and that any other automobile liability policy, or would be person or organization, that is signed and executed an "insured" under such policy but for by you before the "bodily injury" or "property termination of such policy or the exhaustion on damage" occurs and that is in effect during the policy such policy's limits of insurance. period, to be named as an additional insured is an "insured" for Liability Coverage, but only for e. Any organization which is newly acquired or damages to which this insurance applies and only to formed by you and over which you maintain the extent that persons or organization qualifies as majority ownership. However, coverage under an "insured" under the Who Is An Insured provision this provision: contained in Section II. (1) is afforded only for the first 180 days after C. Liability Coverage Extensions — Supplementary you acquire or form the organization or until Payments the end of the policy period, whichever comes first; SECTION II — COVERED AUTOS LIABILITY (2) does not apply to "bodily injury COVERAGE, A. Coverage, 2. Coverage or "property Extensions, a. Supplementary Payments is damage" that results from an "accident that amended by replacing subparagraphs (2) and (4) occurred before you formed or acquired the with the following: organization; (2) Up to $5,000 for cost of bail bonds (including (3) does not apply to any newly acquired or bonds for related traffic law violations) required formed organization that is a joint venture or because of an "accident" we cover. We do not partnership; and have to furnish these bonds. (4) does not apply to an "insured" under any (4) All reasonable expenses incurred by the other automobile liability policy, or would be "insured" at our request, including actual loss of an Insured' under such a policy but for ter- earnings up to $500 a day because of time off mination of such policy or the exhaustion of from work. such policy's limits of insurance. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, COVERAGE, B. Exclusions, 5. Fellow Employee, A. Coverage, 3. Glass Breakage — Hitting A Bird the following is added: Or Animal — Falling Objects Or Missiles, is Co-Employee Lawsuit Defense Cost amended by adding the following: Reimbursement No deductible will apply to glass breakage if such If a suit seeking damages for "bodily injury" to any glass is repaired, in a manner acceptable to us, fellow "employee" of the "insured" arising out of and rather than replaced. in the course of the fellow "employee's" employment E. Hired Auto Physical Damage or while performing duties related to the conduct of SECTION III — PHYSICAL DAMAGE COVERAGE, your business, or a suit seeking damages brought A. Coverage is amended by adding the following: by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will 5. Hired Auto Physical Damage reimburse reasonable costs that you incur in the If hired "autos" are covered "autos" for Liability defense of such matters. Any reimbursement made Coverage and if Comprehensive, Specified pursuant to this sub-section will be in addition to the Causes of Loss, or Collision coverages are pro- limits of liability set forth in the Declarations. vided under this coverage form for any "auto" you own, then the Physical Damage Coverages SECTION III — PHYSICAL DAMAGE COVERAGE provided are extended to "autos" you hire of like AMENDMENTS kind and use, subject to the following: A. Transportation Expense—Limits Amended a. The most we will pay for any one "loss" is SECTION III — PHYSICAL DAMAGE COVERAGE, $50,000 or the actual cash value or cost to A. Coverage, 4. Coverage Extensions, a. Trans- repair or replace, whichever is less, minus a portation Expenses is amended by replacing $20 deductible; per day/$600 maximum limit with $50 per day/$1000 b. The deductible will be equal to the largest maximum. deductible applicable to any owned "auto" for that coverage. Any Comprehensive B. Hired Auto Physical Damage — Loss Of Use deductible does not apply to "loss" cause Expenses—Limits Amended by fire or lightening; SECTION III — PHYSICAL DAMAGE COVERAGE, c. Hired Auto Physical Damage coverage is A. Coverage, 4. Coverage Extensions, b. Loss of excess over any other collectible insurance; Use Expenses is amended by replacing the $20 per and day/$600 maximum limit with $50 per day/$750 d. Subject to the above limit, deductible and maximum limit. excess provisions we will provide coverage C. Personal Effects Coverage equal to the broadest coverage applicable to SECTION III — PHYSICAL DAMAGE COVERAGE, any covered "auto" you own. A. Coverage, 4. Coverage Extensions is amended If a limit for Hired Auto Physical Damage is by adding the following: indicated in the Declarations, then that limit c. Personal Effects replaces, and is not added to, the $50,000 limit indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an"insured"; and (2) In or on your covered"auto." This coverage applies only in the event of the total theft of your covered "auto" No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 5 Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following. A. Coverage is amended by adding the Following: S. Rental Reimbursement 7. Accidental Airbag Deployment Coverage This coverage applies only to a covered "auto" of We will pay to reset or replace factory installed the private passenger or light truck type as airbag(s) in any covered "auto" for accidental follows: discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a This coverage is applicable only if comprehen- private passenger or light truck type "auto" sive coverage applies to the covered"auto" because of "loss" to a covered private pas- This coverage is excess over any other collecti- senger or light truck type "auto". Payment ble insurance or reimbursement by manufac- applies in addition to the otherwise applica- turer's warranty ble amount of each coverage you have on a covered private passenger or light truck type H. Auto Loan/Lease Gap Coverage auto." No deductibles apply to this SECTION III PHYSICAL DAMAGE COVERAGE, coverage. Item A., Coverage, is amended by adding the b. We will pay only for those expenses incurred following: during the policy period beginning 24 hours 8. Auto Loan/Lease Gap Coverage after the "loss" and ending, regardless of the policy's expiration, with the lesser of the fol- This coverage applies only to a covered "auto" lowing number of days: described or designated in the Schedule or in the Declarations as including physical damage (1) The number of days reasonably re- coverage. quired to repair or replace the covered private passenger or light truck type In the event of a covered total "loss" to a "auto". If "loss" is caused by theft, this covered "auto" described or designated in the number of days is added to the number Schedule or in the Declarations, we will pay any of days it takes to locate the covered unpaid amount due on the lease or loan for a private passenger or light truck type covered "auto" less: "auto" and return it to you; or a. The amount paid under the Physical (2) 30 days. Damage Coverage Section on the policy; c. Our payment is limited to the lesser of the and following amounts: b. Any: (1) Necessary and actual expenses (1) Overdue lease/loan payments at the incurred, or time of the "loss"; (2) $50 per day, up to a maximum of (2) Financial penalties imposed under a $1,000 lease for excessive use, abnormal wear d. This coverage does not apply while there and tear or high mileage; are spare or reserve private passenger or (3) Security deposits not returned by the light truck type "autos" available to you for lessor; your operations. (4) Costs for extended warranties Credit e. If "loss" results from the total theft of a Life Insurance Health Accident or covered "auto" of the private passenger or Disability Insurance purchased with the light truck type, we will pay under this cover- loan or lease, and age only that amount of your rental reim- bursement expenses which is not already (5) Carry-over balances from previous provided for under SECTION III — loans or leases. PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 5 C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- A. Duties In The Event Of Accident, Claim, Suit Or sentation Or Fraud, is amended by adding the Loss Amended following paragraph: SECTION IV— BUSINESS AUTO CONDITIONS, A. If yni I i inintentinnally fail to disrinse. any hazards Loss Conditions, 2. Duties In The Event Of existing at the inception date of the policy, or during Accident, Claim, Suit Or Loss, a. is amended by the policy period in connection with any additional adding the following. hazards, we will not deny coverage under this Cov- This condition applies only when the "accident" or erage Part because of such failure. "loss" is known to: D. Employee Hired Auto (1) You, if you are an individual; SECTION IV—BUSINESS AUTO CONDITIONS, B. (2) A partner, if you are a partnership; General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the following: you are a corporation; or b. For Hired Auto Physical Damage Coverage, the (4) A member or manager, if you are a limited following are deemed to be a covered "autos" liability company. you own: But, this section does not amend the provisions (1) Any covered "auto" you lease, hire, rent or relating to notification of police, protection or exami- borrow, nation of the property which was subject to the (2) Any covered "auto" hired or rented by your "loss" "employee" under a contract in that B. Blanket Waiver of Subrogation individual "employee's" name, with your permission, while performing duties related Section IV — BUSINESS AUTO CONDITIONS, A. to the conduct of your business. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by However, any"auto" that is leased, hired, rented adding the following exception: or borrowed with a driver is not a covered "auto" However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 5 Policy#CPP1222448 00 COMMERICAL GENERAL LIABILITY WNGL390818 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet ........... ........:......:...:...............................................2 Property Damage Liability • Elevators.........................................................................................:......:...:.....:........::.....3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception ............................................:......3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence ..........................................................:.....;.:;.:..............3 Supplementary Payments — Amended • Bail Bonds Up To$5,000...................................................................................................4 • Loss of Earnings Up To $500/Day .....................................................................................4 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee................................................................. .......4 • Newly Formed Or Acquired Organizations For Up To 180 Days ...........................................4 • Blanket Additional Insured —Vendors —As Required By Contract ........................................4 • Blanket Additional Insured—Lessor Of Leased Equipment..............................:,...................6 • Blanket Additional Insured —Managers Or Lessors Of Premises.......................:..................6 • Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations ..................................:..........:......,::..7 • Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises ...............,:..:.....8 Damage To Premises Rented To You — $300,000.........................................................................9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ...........................9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended................................................9 • Unintentional Failure To Disclose Hazards .........................................................................9 • Waiver of Subrogation.....................................................................:................................ 10 InsuredContract Amended.......... . .................................... . ................................................... 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication ...........................................,......_...:.......:. 10 WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY WN GL 39 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I— COVERAGES AMENDMENTS (3) Parking an "auto" on, or on the ways next to, COVERAGE A — BODILY INJURY AND PROPERTY premises you own or rent, provided the"auto" DAMAGE LIABILITY is not owned by or rented or loaned to you or the insured; A. Non Owned Aircraft Or Watercraft (4) Liability assumed under any "insured con- Item 2. Exclusions, Paragraph g. is replaced by the tract" for the ownership, maintenance or use following: of aircraft or watercraft; or g. Aircraft, Auto Or Watercraft (5) "Bodily injury" or "property damage" arising "Bodily injury" or"property damage" arising out of out of: the ownership, maintenance, use or entrustment (a) The operation of machinery or equipment to others of any aircraft, "auto' or watercraft that is attached to, or part of, a land owned or operated by or rented or loaned to any vehicle that would qualify under the insured. Use includes operation and "loading or definition of"mobile equipment" if it were unloading". not subject to a compulsory or financi, This exclusion applies even if the claims against responsibility law or other motor vehich- any insured allege negligence or other wrong- insurance law where it is licensed or doing in the supervision, hiring, employment, principally garaged; or training or monitoring of others by that insured, if (b) The operation of any of the machinery or the'occurrence" which caused the "bodily injury" equipment listed in Paragraph f. (2) or f. or "property damage" involved in the ownership, (3) of the definition of "mobile equip- maintenance, use or entrustment to others of any ment". aircraft, "auto' or watercraft that is owned or operated by or rented or loaned to any insured. B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the This exclusion does not apply to: following: (1) A watercraft while ashore on premises you j. Damage To Property own or rent; (2) A watercraft you do not own that is: "Property damage" to: (a) Less than 50 feet long; and (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or (b) Not being used to carry persons or prop- any other person, organization or entity, for erty for a charge; repair, replacement, enhancement, restora- This Subparagraph (2) applies to any person, tion or maintenance of such property for any who with your expressed or implied consent, reason, including prevention of injury to a either uses or is responsible for the use of the person or damage to another's property; watercraft; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 2 of 10 (3) Property loaned to you; The insurance provided for "property damage" from (4) Personal property in the care, custody or con- the use of elevators and for "property damage" to trol of the insured; borrowed equipment is excess over any other valid (5) That particular part of real property on which and collectible property insurance (including any de- you or any contractors or subcontractors ductible portion thereof) available to the insured working directly or indirectly on your behalf whether primary, excess, contingent or on any other are performing operations, if the "property basis. damage" arises out of those operations; or C. Damage To Premises Rented To You (6) That particular part of any property that must Item 2. Exclusions, the last paragraph is replaced by be restored, repaired or replaced because the following: "your work" was incorrectly performed on it. Exclusions c. through n. do not apply to damage by Paragraphs (1), (3) and (4) of this exclusion do not fire, lightning, explosion or sprinkler leakage to apply to "property damage" (other than damage by premises while rented to you or temporarily occupied fire, lightning, explosion or sprinkler leakage) to by you with permission of the owner. A separate limit premises, including the contents of such premises, of insurance applies to this coverage as described in rented to you for a period of seven or fewer Paragraph 6. of SECTION III — LIMITS OF consecutive days. A separate limit of insurance INSURANCE. applies to Damage To Premises Rented To You as described in SECTION III—LIMITS OF INSURANCE. COVERAGE B — PERSONAL AND ADVERTISING However, the provisions of this paragraph do not INJURY LIABILITY apply if coverage for Damage To Premises Rented To You is excluded by endorsement. D. Personal And Advertising Injury Paragraph (2) of this exclusion does not apply if the Item 2. Exclusions is amended by replacing Sub- premises are "your work" and were never occupied, rented or held for rental by you. b. Material Published With Knowledge Of Falsity Paragraphs (3) and (4) of this exclusion do not apply "Personal and advertising injury" arising out of to the use of elevators. oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by Paragraphs (3), (4), (5) and (6) of this exclusion do or at the direction of the insured with knowledge not apply to liability assumed under a sidetrack of its falsity. agreement. c. Material Published Prior To Policy Period Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of "property damage" to borrowed equipment while not oral, written, televised, videotaped or electronic being used to perform operations at the jobsite. publication, in any manner, of material whose first Subject to Paragraph 2. of SECTION III—LIMITS OF publication took place before the beginning of the INSURANCE, the rules below fix the most we will pay policy period. for "property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the SUPPLEMENTARY PAYMENTS — COVERAGES A number of persons or organizations who sustain AND B damages because of that "occurrence"; E. Supplementary Payments —Coverages A and B (2) $50,000 annual aggregate; and Item 1. is amended by replacing Subparagraphs b. (3) We will pay only for damages in excess of$2,500 and d. with the following: as a result of any one "occurrence", regardless of b. Up to $5,000 for cost of bail bonds required be- the number of persons or organizations who cause of accidents or traffic law violations arising sustain damages because of that "occurrence". out of the use of any vehicle to which the Bodily We may, or if required by law, pay all or any part Injury Liability Coverage applies. We do not have of any deductible amount, if applicable, to effect to furnish these bonds. settlement-of any claim or "suit". Upon notice of our payment of a deductible amount, you shall d. All reasonable expenses incurred by the insured promptly reimburse us for the part of the at our request to assist us in the investigation or deductible amount we paid. defense of the claim or"suit", including actual loss Paragraph (6) of this exclusion does not apply to of earnings up to$500 a day because of time offfrom work. "property damage" included in the "products-com- pleted operations hazard". WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 3 of 10 SECTION II—WHO IS AN INSURED AMENDMENTS The following are added: A. Employee Bodily Injury To A Co-Employee C. Blanket Additional Insured — Vendors — As Re Paragraph 2. a. (1) Is replaced by the following: quired By Contract However, none of these "employees" or "volunteer 1. Section II — Who Is An Insured is amended to workers" are insureds for "bodily injury" or "personal include as an additional insured any person(s) or and advertising injury": organization(s) (referred to throughout this (a) To you, to your partners or rrrembers (ir you are a endorsement as vendor) with whom you have partnership or joint venture), to your members (if agreed in a written contract, executed prior to you are a limited liability company), to a co- loss, to name as an additional insured, but only "employee" while in the course of his or her with respect to "bodily injury', or "property employment or performing duties related to the damage" arising out of"your products" which are conduct of your business, or to your other distributed or sold in the regular course of the "volunteer workers" while performing duties vendor's business. related to the conduct of your business; However, (b) To the spouse, child, parent, brother or sister of a. The insurance afforded to such vendor only the co-"employee" or "volunteer worker" as a applies to the extent permitted by law; and consequence of Paragraph (1)(a) above; b. If coverage provided to the vendor is required (c) For which there is any obligation to share by a contract or agreement, the insurance damages with or repay someone else who must afforded to such vendor will not be broader pay damages because of the injury described in than that which you are required by the Paragraph (1)(a) or (b) above; or contract or agreement to provide for such (d) Arising out of his or her providing or failing to vendor. provide professional health care services. 2• With respect to the insurance afforded to these However, if a suit seeking damages for "bodily injury" vendors, the following additional exclusions or "personal and advertising injury" to any co- apply: "employee" or other "volunteer worker" arising out of a. The insurance afforded the vendor does not and in the course of the co-"employee's" or"volunteer apply to: worker's" employment or while performing duties (1) "Bodily injury" or "property damage" fc related to the conduct of your business, or a suit which the vendor is obligated to pay darr, seeking damages brought by the spouse, child, ages by reason of the assumption of parent, brother or sister of the co-"employee" or other liability in a contract or agreement. This "volunteer worker", is brought against you or a co- exclusion does not apply to liability for "employee" or a "volunteer worker", we will reimburse damages that the vendor would have in the reasonable costs that you incur in providing a the absence of the contract or defense to the co-"employee" or "volunteer worker" agreement; against such matters. Any reimbursement made (2) Any express warranty unauthorized by pursuant to this sub-section will be in addition to the you; limits of liability set forth in the Declarations. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the vendor; Paragraph 3. a. is replaced by the following: (4) Repackaging, except when unpacked a. Coverage under this provision is afforded only solely for the purpose of inspection, until the 180rh day after you acquire or form the demonstration, testing, or the organization or the end of the policy period, substitution of parts under instructions whichever is earlier; from the manufacturer, and then repackaged in the original container; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course If coverage provided to the vendor is required by of business, in connection with the a contract or agreement, the most we will pay on distribution or sale of the products; behalf of the vendor is: (6) Demonstration, installation, servicing or repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of b. The Limits of Insurance shown in the the product; Declarations; (7) Products which, after distribution or sale whichever is less. by you, have been labeled or relabeled or used as a container, part or ingredient of This endorsement shall not increase the any other thing or substance by or for the applicable Limits of Insurance shown in the vendor; or Declarations. (8) "Bodily injury or "property damage" 5. With respect to the insurance afforded to these arising out of the sole negligence of the additional insureds, the following additional vendor for its own acts or omissions or exclusion applies: those of its employees or anyone else This insurance does not apply to: acting on its behalf. However, this a. "Bodily injury", "property damage" or exclusion does not apply to: "personal and advertising injury" arising out (i) The exceptions contained in of the rendering of, or the failure to render, Subparagraphs (4) or (6); or any professional architectural, engineering or (ii) Such inspections, adjustments, tests surveying services, including: or servicing as the vendor has (1) The preparing, approving, or failing to agreed to make or normally prepare or approve, maps, shop undertakes to make in the usual drawings, opinions, reports, surveys, course of business, in connection field orders, change orders or drawings with the distribution or sale of the and specifications; or products. 2 ( ) Su perviso ry, inspection, architectural or 3. This Provision C. does not apply: engineering activities. a. To any insured person or organization from This exclusion applies even if the claims whom you have acquired such products, or against an additional insured allege any ingredient, part or container, entering negligence or other wrongdoing in the into, accompanying or containing such supervision, hiring, employment, training products; or monitoring of others by that insured, if b. To any vendor for which coverage as an addi- the "occurrence" which caused the tional insured specifically is scheduled by "bodily injury" or "property damage", or endorsement; or the offense which caused the "personal c. When liability included within the "products- and advertising injury", involved the completed operations hazard" has been ex- rendering of or failure to render any cluded for such product either by the provi- professional services by you with respect sions of the coverage part or by endorse- to your providing engineering, ment. architectural or surveying services in your capacity as an engineer, architect or surveyor. W N GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 5 of 10 4. With respect to the insurance afforded to these D. Blanket Additional Insured — Lessor Of Leased additional insureds, the following additional Equipment exclusion applies: 1. Section II — Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease equipment a. "Bodily injury", "property damage" or when you and such person(s) or organization(s) "personal and advertising injury" arising out have agreed in writing in a contract or agreement, of the rendering of, or the failure to render, executed prior to loss, that such person(s) or any professional architectural, engineering or organization(s) be added as an additional insured surveying services, including: on your policy. Such person(s) or organization(s) (1) The preparing, approving, or failing to is an insured only with respect to liability for prepare or approve, maps, shop "bodily injury", "property damage" or "personal drawings, opinions, reports, surveys, and advertising injury"caused, in whole or in part, field orders, change orders or drawings by your maintenance, operation or use of and specifications; or equipment leased to you by such person(s) or 2( ) Supervisory, ry, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such additional insured: This exclusion applies even if the claims against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or b. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the "bodily injury" provide for such additional insured. or "property damage", or the offense which A persons or organizations status as an addi- caused the "personal and advertising injury", tional insured under this endorsement ends when involved the rendering of or failure to render their contract or agreement with you for such any professional services by you with respect leased equipment ends. to your providing engineering, architectural or 2. With respect to the insurance afforded to these surveying services in your capacity as an additional insureds, this insurance does not apply engineer, architect or surveyor. to any "occurrence" which takes place after the E. Blanket Additional Insured — Managers Or Les equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section II —Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) or Section III—Limits Of Insurance: organization(s) with whom you have agreed in a If coverage provided to the additional insured is written contract, executed prior to loss, to name required by a contract or agreement, the most we as an additional insured, but only with respect to will pay on behalf of the additional insured is: liability arising out of the ownership, maintenance a. The minimum amount required by the or use of that part of the premises leased to you, contract or agreement; or subject to the following additional exclusions: b. The Limits of Insurance shown in the This insurance does not apply to: Declarations; a. Any"occurrence" which takes place after you whichever is less. cease to be a tenant in that premises. This endorsement shall not increase the b. Structural alterations, new construction or applicable Limits of Insurance shown in the demolition operations performed by or on Declarations. behalf of such additional insured. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or Political insured only applies to the extent permitted Subdivision — Permits Or Authorizations by law; and Section II — Who Is An Insured is amended to in- b. If coverage provided to the additional insured clude as an additional insured any state or is required by a contract or agreement, the governmental agency or subdivision or political insurance afforded to such additional insured subdivision with whom you have agreed in a written will not be broader than that which you are contract, executed prior to loss, to name as an required by the contract or agreement to additional insured, subject to the following provisions: provide for such additional insured. 1. This insurance applies only with respect to op- t. With respect to the insurance afforded to these erations performed by you or on your behalf for additional insureds, the following is added to which the state or governmental agency or sub- Section III—Limits Of Insurance: division or political subdivision has issued a If coverage provided to the additional insured is permit or authorization. required by a contract or agreement, the most we However: will pay on behalf of the additional insured is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional insured Declarations; is required by a contract or agreement, the insurance afforded to such additional insured whichever is less. will not be broader than that which you are This endorsement shall not increase the required by the contract or agreement to applicable Limits of Insurance shown in the provide for such additional insured. Declarations. 3. With respect to the insurance afforded to these 2. This insurance does not apply to:a. "Bodily injury", ' additional insureds, the following additional Y 1 rY', property damage' or "per- sonal and advertising injury" arising out of op- erations performed for the federal govern- This insurance does not apply to: ment, state or municipality; or a. "Bodily injury", "property damage" or b. "Bodilyinjury" or "property dams e" included � 1 rY" 9 "personal and advertising injury" arising out within the "products-completed operations of the rendering of, or the failure to render, hazard". any professional architectural, engineering or 3. With respect to the insurance afforded to these surveying services, including: additional insureds, the following is added to (1) The preparing, approving, or failing to Section III— Limits Of Insurance: prepare or approve, maps, shop If coverage provided to the additional insured is drawings, opinions, reports, surveys, required by a contract or agreement, the most we field orders, change orders or drawings will pay on behalf of the additional insured is: and specifications; or (2) Supervisory, inspection, architectural or a. The minimum amount required by the engineering activities. contract or agreement; or This exclusion applies even if the claims b. The Limits of Insurance shown in the against an additional insured allege Declarations; negligence or other wrongdoing in the whichever is less. Supervision, hiring, employment, training or This endorsement shall not increase the monitoring of others by that insured, if the applicable Limits of Insurance shown in the "occurrence" which caused the "bodily injury" Declarations. or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted material of the Insurance Service office, Inc.,with its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of and This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage' or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering or by law; and surveying services, including: b. If coverage provided to the additional insured (1) The preparing, approving, or failing to is required by a contract or agreement, the prepare or approve, maps, shop insurance afforded to such additional insured drawings, opinions, reports, surveys, will not be broader than that which you are field orders, change orders or drawings required by the contract or agreement to and specifications; or provide for such additional insured. (2) Supervisory, inspection, architectural or 2. With respect to the insurance afforded to these engineering activities. additional insureds, the following is added to This exclusion applies even if the claims Section III— Limits Of Insurance: against an additional insured allege If coverage provided to the additional insured is negligence or other wrongdoing in the required by a contract or agreement, the most we supervision, hiring, employment, training or will pay on behalf of the additional insured is: monitoring of others by that insured, if the "occurrence" which caused the"bodily injury" a. The minimum amount required by the or "property damage', or the offense which contract or agreement; or caused the "personal and advertising injury", b. The Limits of Insurance shown in the involved the rendering of or failure to render Declarations; any professional services by you with respect to your providing engineering, architectural or whichever is less. surveying services in your capacity as an This endorsement shall not increase the engineer, architect or surveyor. applicable Limits of Insurance shown in the G. Blanket Additional Insured — State Or Declarations. Governmental Agency Or Subdivision Or Political 3. With respect to the insurance afforded to these Subdivision — Permits Or Authorizations Relating additional insureds, the following additional To Premises exclusion applies: Section II — Who Is An Insured is amended to in- This insurance does not apply to: clude as an additional insured any state or a. "Bodily injury", "property damage' or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision with whom you have agreed in a written of the rendering of, or the failure to render, contract, executed prior to loss, to name as an any professional architectural, engineering or additional insured, subject to the following provision: surveying services, including: 1. This insurance applies only with respect to the fol- (1) The preparing, approving, or failing to lowing hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications; or control and to which this insurance applies: (2) Supervisory, inspection, architectural or a. The existence, maintenance, repair, engineering activities. construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 8 of 10 This exclusion applies even if the claims SECTION IV — COMMERCIAL GENERAL LIABILITY against an additional insured allege CONDITIONS AMENDMENTS negligence or other wrongdoing in the supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the Item 2. Duties In The Event Of Occurrence, Of- "occurrence" which caused the "bodily injury" fense, Claim or Suit is amended by adding the fol- or "property damage", or the offense which lowing: caused the "personal and advertising injury", e. You must give us or our authorized representa- involved the rendering of or failure to render tive prompt notice of an "occurrence", claim or any professional services by you with respect loss only when the "occurrence", claim or loss is to your providing engineering, architectural or known to: surveying services in your capacity as an engineer, architect or surveyor. (1) You, if you are an individual; (2) A partner, if you are a partnership; SECTION III—LIMITS OF INSURANCE AMENDMENTS (3) An executive officer or insurance manager, if you are a corporation; or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph 6. is replaced by the following: liability company. 6. Subject to Paragraph 5. above, the most we will B. Other Insurance pay under Coverage A for damages because of'property damage" to any one premises, while Item 4. Other Insurance, b. Excess Insurance (1) re rented to you, or in the case of damage by fire, (a) (ii) is replaced by the following: lightning, explosion or sprinkler leakage, while (ii) That is fire, lightning, explosion or sprinkler leak- rented to you or temporarily occupied by you with age insurance for premises rented to you or permission of the owner is the greater of: temporarily occupied by you with permission of a. $300,000; or the owner; C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Premises Rented To You Limit in the Decla- Item 6. Representations is replaced by the following: rations. 6. Representations And Unintentional Failure To However, the provisions of this paragraph do not Disclose Hazards apply if Damage To Premises Rented To You a. By accepting this policy, you agree: Coverage is excluded by endorsement. (1) The statements in the Declarations are B. Medical Expense Limit accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon repre- sentations you made to us; and 7. Subject to Paragraph 5. above, the most we will (3) We have issued this policy in reliance pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one upon your representations. person is the greater of: b. If you unintentionally fail to disclose any haz- a. $10,000; or ards existing at the inception date of your policy, we will not deny coverage under this b. The amount shown next to the Medical Ex- Coverage Part because of such failure. pense Limit in the Declarations. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exercise Medical Expenses is excluded either by the pro- our right of cancellation or non-renewal. visions of the coverage part or by endorsement. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V —DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of Paragraph 9. a. is replaced by the following: the following: We waive any right of recovery we may have because a. A contract for a lease of premises. However, that of payments we make for injury or damage arising out portion of the contract for a lease of premises that of your ongoing operations or"your work" done under indemnifies any person or organization for a written contract, executed prior to loss, requiring damage by fire, lightning, explosion or Gprinlcler such waiver with that person or organization and leakage to premises while rented to you or included in the "products-completed operations temporarily occupied by you with permission of hazard". However, our rights may only be waived the owner is not an "insured contract"; prior to the "occurrence" giving rise to the injury or B. Personal And Advertising Injury Redefined damage for which we make payment under this Paragraph 14. d. and e.are replaced by the following: Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured d. Oral, written, televised, videotaped or electronic will bring "suit"or transfer those rights to us and help publication of material that slanders or libels a us enforce those rights. person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 10 of 10 Policy#CPP1222448 00 COMMERCIAL GENERAL LIABILITY WNGL490715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured any person or or- ditional insureds, the following additional exclusion ganization for whom you are performing opera- applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily injury", "property damage" or "personal additional insured on your policy. Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liability for "bodily injury", "property dam- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, services, including: in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifica- tions; or in the performance of your ongoing operations for the additional insured. b. Supervisory, inspection, architectural or engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your operations for that additional insured are com- against an additional insured allege negligence pleted. or other wrongdoing in the supervision, hiring, employment, training or monitoring of others However: by that insured, if the "occurrence" which 1. The insurance afforded to such additional in- caused the "bodily injury" or "property dam- sured only applies to the extent permitted by age", or the offense which caused the "person- law; and al and advertising injury", involved the render- ing of or failure to render any professional 2. If coverage provided to the additional insured services by you with respect to your providing is required by a contract or agreement, the in- engineering, architectural or surveying serv- surance afforded to such additional insured ices in your capacity as an engineer, architect will not be broader than that which you are re- or surveyor. quired by the contract or agreement to provide for such additional insured. WIN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including material-,, parts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than serv- This insurance is primary to and will not seek ice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered op- erations has been completed; or policy provided that: b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing oper- primary and would not seek contribution ations for a principal as a part of the same from any other insurance available to the project. additional insured. C. With respect to the insurance afforded to these ad- ditional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 POLICY NUMBER: CPP1222448 00 COMMERCIAL GENERAL LIABILITY WNGL500715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organ ization(s): PER WRITTEN CONTRACT OR AGREE- PER WRITTEN CONTRACT OR MENT WHERE YOU AGREED TO NAME A PARTY OR PARTIES AS AGREEMENT ADDITIONAL INSUREDS Information re aired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these ad- include as an additional insured the person(s) or ditional insureds, the following additional exclusion organization(s) shown in the Schedule, but only applies: with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by This insurance does not apply to: "your work" at the location designated and de- scribed in the schedule of this endorsement per- 1. "Bodily injury", "property damage" or "personal formed for that additional insured and included in and advertising injury" arising out of the render- the "products-completed operations hazard". in of, or the failure to render, any y professional However: architectural, engineering or surveying services, 1. The insurance afforded to such additional in- including: SUred only applies to the extent permitted by a. The preparing, approving, or failing to pre- Uw: and pare or approve, maps, shop drawings, 2. If coverage provided to the additional insured opinions, reports, surveys, field orders, is required by a contract or agreement, the change orders or drawings and specifica- insurance afforded to such additional insured tions; or will not be broader than that which you are required by the contract or agreement to pro- b. Supervisory, inspection, architectural or en- vide for such additional insured. gineering activities. WN GL 50 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 This exclusion applies even if the claims D. The following is added to the Other Insurance against an additional insured allege negligence Condition and supersedes any provision to the or other wrongdoing in the supervision, hiring, contrary: employment, training or monitoring of others by that insured, if the "occurrence" which Primary And Noncontributory Insurance caused the "bodily injury" or "property dam- This insurance is primary to and will not seek age", or the offense which caused the "person- contribution from any other insurance available al and advertising injury", involved the render- to an additional insured under your policy pro- ing of or failure to render any professional vided that: services by you with respect to your providing (1) The additional insured is a Named Insured engineering, architectural or surveying serv- under such other insurance; and ices in your capacity as an engineer, architect or surveyor. (2) You have agreed in writing in a contract or C. With respect to the insurance afforded to these ad- agreement that this insurance would be pri- ditional insureds, the following is added to Section mary and would not seek contribution from III—Limits Of Insurance: any other insurance available to the addition- al insured. If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 50 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 PUBLIC WORKS DEPARTMENT Timothy J . LaPorte , P . E . Public Works Director 400 West Gowe Kent, WA 98032 KENT Fax : 253O8CC5GG6 - 6500 w A 5 H I N O T O N Phone : 253 ® $ JV ® 5500 DATE : June 22 , 2016 TOM Pam Meitmann McDonough and Sons , Inc . PO Box 461 Ravensdale , WA 98051 - 0461 RE : 2016 Street Sweeping Service Copies Description 1 Contract 1 Payment and Performance Bond Enclosed is your executed Consultant Services Agreement for the above referenced project . If you should have any questions , please contact me at ( 253 ) 856 - 5600 . Copies to . Jemini Davis Bill Thomas City of Kent Engineering 400 West Gowe Kent, Washington 98032 Phone : 253 - 856 - 5500 Fax : 253 - 856 - 6500 Email : JeDavis@KentWa . gov o cn cn n A cn m n n z o n c c o p ' < m rt �� D z D to ; v D rc,. ? m -n v n n 3 v o c n _ o O (DLn n O _t n (D X n (D n n d X C 3 fat p rnt rt n # ❑ ❑ ❑ ❑ rt N rt �, r-h O rr rt - (D O. N ~' D Z rat "5 O �(I '� "� r° OAT (D ° c fl ° 3 (D (D c O D n � (D rat n n c 3 6 O ❑ ❑ c p Z 3 d (D X rat rt O [� rt z O 6 o O . . Q. 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(MD ul rt ratV1 < rt 0 v e O rt r_-r rt , rt ® c O O v .p (A (D j �O O a o a ° nQ) MOM ° c ° CD CD 0 rlr CZ ro rapy (D (n ° ❑ N o ro 4 (y o r(D a U W a CL ^� m � a v N O o n m Er n �. m 0 (D CDM STREET SWEEPING SERVICE CONTRACT 2016 THIS CONTRACT is entered into between the CITY OF KENT, a Washington municipal corporation ( " CITY " ) and McDonough and Sons , Inc . , a Washington Corporation ( " Contractor" ) . RECITALS The Contractor represents that it has the experience , resources , and expertise to perform the Contract services ; and After a due diligence period observed by both parties , the City desires to enter into this Contract with the Contractor for street sweeping services . NOW , THEREFORE , in consideration of the mutual covenants and promises in this Contract , the City and the Contractor agree as follows . i . DEFINITIONS The following definitions will apply to the following words and terms when used in the Contract, whether or not these words and terms are capitalized , unless specifically defined otherwise within any section or subsection . 1 . 1 City . - The City of Kent , a Washington municipal corporation , whose mailing address is 220 Fourth Avenue South , Kent, Washington 98032 . As used in this Contract, it includes the official of the City holding the Office of Mayor or her/ his designated representative including , but not limited to , the Public Works Director or his/ her designee and the Street Superintendent . 1 . 2 Contract . - This Contract , exhibits thereto , any change orders , Contractor's response to the City 's RFP , and any clarifications , amendments , or additions to the Contract . 1 . 3 Contractor . - The individual , firm , joint venture , co - partnership or corporation , and its heirs , executors , administrators , successors , and assigns , or the lawful agent of any such individual , firm , joint venture , partnership , or corporation , or its surety under the contract bond , constituting one of the principles to the Contract and undertaking to perform the work herein specified . Where any pronoun is used as referring to the word " Contractor" it shall mean the Contractor as defined herein . 1 . 4 Curb . - A vertical or sloping member generally along and defining the edge of street . CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 1 of 25 1 . 5 Emergency. - Any set of circumstances which , at the sole discretion of the City , gives rise to a need for immediate services from Contractor to protect the life , health and/ or safety of citizens and/ or to protect the City 's infrastructure . 1 . 6 Hazardous Material . - Any substance that is defined as hazardous or toxic by federal or state law or regulation , including but not limited to 40 C . F . R . Part 261 ; 42 U . S . C . Section 6901 , et seq. ; 15 U . S . C . Section 2601 et. segs Chapter 70 . 105 RCW ; and Chapter 173 - 303 WAC . 1 . 7 Intersection . - The area embraced within the prolongation or connection of the lateral curb lines , or if none , then the lateral boundary lines of two streets which join one another at, or approximately at, right angles , or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict . The junction of an alley with a street is included . 1 . 8 Premium Service . - Services , at the discretion of the City , by which the Contractor shall , within 24 hours of notice , proceed to sweep at least once per day in areas designated by the City . This PREMIUM SERVICE will continue for 90 days unless extended or suspended by the City primarily occurring during the months of October through December . The option to use , extend or suspend PREMIUM SERVICE shall be at the sole discretion of the City . 1 . 9 Premium Service Area . - Areas designated by the City , to be swept at least once per day for a period up to ninety days . Streets can be added or deleted at the discretion of the City . 1 . 10 Special Sweeping . - Consists of as - needed sweeping to assist with cleaning up of spills , accidents and other unplanned events , including the sweeping of sand after snow events , except that sand along the gutter line shall be regarded as part of the regular Contract Work . loll . Street . - As referred to in this Contract shall be defined as the entire surface between rights of way lines , from curb to curb , including island , traffic curbs , intersection areas , auxiliary lanes and those paved areas between curbs that exist where alleys intersect streets . 1 . 12 Sweeping Material . - The material , debris , or waste that is swept from the street including decant ( extracted liquid ) and spoils ( the remaining solids ) . Decant will be deposited at designated decant locations , Exhibit E , and elsewhere as approved by the City in writing . Spoils will be disposed of at designated disposal facilities . 1 . 13 Work . - The furnishing of all labor, materials , equipment , and other incidentals necessary or convenient to the successful completion of the service and carrying out all of the duties and obligations imposed by the Contract . CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 2 of 25 2 . PAYMENT AND PERFORMANCE BOND Prior to execution of this Contract by the City , the successful Proponent shall make , execute and deliver a good and sufficient bond equal to the amount of the fifty thousand dollars ( $ 50 , 000 ) . The bond shall be with a surety company as surety and be conditioned that the successful Proponent shall faithfully perform all of the provisions of this Contract and pay all laborers , mechanics , and subcontractors and material persons and all persons who supply such person or persons or subcontractors with provisions and supplies for carrying on of such work . This bond shall be filed with the City Clerk . The surety must agree to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington . The Payment and Performance Bond shall be on the form provided as Form F to this Contract . 3 . TERM AND PAYMENT 3 . 1 Term of Contract and extensions . The contract for service shall be in effect for a term of 3 years and shall commence on July 1 , 2016 , and shall end on June 30 , 2019 . However, in the event the Contractor has fully performed all the terms , covenants and conditions of the contract to the City ' s satisfaction , and because the contract is not a PUBLIC WORKS CONTRACT, and is a SERVICE CONTRACT, the City may , at its sole option , extend the terms of this contract for up to two ( 2 ) one ( 1 ) year service contract extensions . The City ' s option to extend this contract shall be delivered by written notice to the Contractor not less than 60 days prior to the expiration of each contract term . 3 . 2 Termination . The City may terminate this Contract upon 90 days ' notice to the Contractor . 3 . 3 Compensation and taxes . 3 . 3 . 1 . Contractor shall be paid monthly in the lump sum of $ 14 , 500 . 00 for properly providing the required service to Frequency Areas A, B , and C , as described in the Proposal Forms for this Contract . However, the City of Kent reserves the right to alter the frequency in which Area B is serviced with a minimum 90 days ' written notice in which case the monthly lump sum will be $ 14 , 500 . 00 . If the City chooses to alter the frequency of Area B ( March through October) , the change shall commence in January of the following year and last through the term of the contract and any applicable extensions - unless further contract modifications are made by the City . 3 . 3 . 2 Contractor shall be paid in the amount of $ 0 . 01 per linear foot of curb for properly providing the required service to Frequency Area D , Premium Service , as described elsewhere in this Contract . Payment will be based on the actual linear feet swept . Services performed in excess of those authorized by the City will not be compensated . 3 . 3 . 3 Contractor shall pay all applicable taxes . CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 3 of 25 3 . 4 Compensation for additional services . 3 . 4 . 1 Special sweeping . In the event the City orders Special Sweeping service the Contractor will be paid on an hourly basis for actual , reasonable time at the rate of $ 55 . 00 per hour . Invoices for payment for Special Sweeping services must show name of person requesting Special Sweeping , date and time of request, location of the work performed , and date and time the work was completed . 3 . 4 . 2 Increased service during term of Contract . The City reserves the right to increase the total linear curb footage beyond that originally set forth in this Contract . The City shall pay Contractor for the additional footage as follows . ( a ) Establish the street sweeping frequency schedule for the added street ( s ) ; ( b ) Determine the total additional footage per sweeping schedule for the added street ( s ) ; ( c ) Determine a price per foot for each affected street schedule from the costs , linear curb footage and schedules established in this Contract , ( d ) Multiply the total additional footage per sweeping schedule by the price per foot for that schedule as stated in this Contracts and ( e ) If the City increases the required sweeping area by a total additional linear curb footage exceeding 25 % of the total linear curb footage originally contracted for in this Contract , either party may re - open negotiations for the specific , limited purpose of adjusting the price for these additional services . 3 . 5 Penalty for missed service . In the event Contractor fails to sweep one or more streets during the sweeping cycle defined in this Contract, the City may , at its sole option , elect to require the Contractor to sweep the missed streets as provided for in this Subsection , OR may elect to reduce the payment owed to the Contractor . If the City elects to reduce the payment owed to the Contractor, the reduction shall be calculated as follows . ( a ) Determine the Contractor's contract price per linear curb foot swept from the costs , linear curb footage and schedules established in this Contract ; ( b ) Multiply the contract price per linear curb foot swept by the total number of linear curb feet that the Contractor failed to sweep in a given month ; and ( c ) Reduce the next monthly payment due to the Contractor by the total reduction calculated in this Subsection . 3 . 6 No Compensation for Weather Impacts . Contractor shall not be entitled to extra time or compensation for weather- caused debris , sand in the gutter line from street sanding , or similar weather related conditions . 3 . 7 Schedule of payments by City . Contractor shall invoice the City by the CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 4 of 25 second day of each month . Payment for services rendered during each month will be paid as soon as possible under the City ' s standard schedule for processing purchase orders , provided the Contractor has met the conditions of this Contract and that proper invoices and other required records have been timely received by the City . The estimated time for payment shall be 30 calendar days from the date of proper receipt of Contractor' s invoices . Payment will be based on the actual linear feet swept . Invoices will include the specific identification of costs for Special Sweeping or other extra work . Disposal site tickets , invoices and or receipts will be provided with the invoices . The invoice requirements for special sweeping in section 3 . 4 . 1 will be observed . 3 . 8 Documentation of services performed . As described in Subsection 5 . 3 of this Contract, Contractor shall track work performed using Global Positioning System ( GPS ) monitoring of vehicles , with maps showing work performed to be available to the City online via internet . The Contractor shall submit hardcopy color maps to the City upon request . All cost for GPS tracking and the production of said maps , including , but not limited to , time , material , hardware , software , and transferring electronic files , if requested by the City , shall be borne by Contractor . 4 . SCOPE OF SERVICES 4 . 1 Contract Work . As the term Work is defined in section 1 . 13 of this contract . 4 . 2 Furnishing of labor, tools and equipment . The Contractor shall do all Work and furnish all labor, tools , materials , and equipment for street sweeping in accordance with and as described in this Contract . 4 . 3 Permits and licenses . The Contractor shall be responsible to obtain and pay for any permits or licenses required by the City or any other local , state or federal governmental authority that are necessary to perform the contract, including all required licenses for Contractor' s officers , agents , employees and subcontractors . 4 . 4 Independent contractor status . Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City . 4 . 5 . Laws to be observed . The Contractor shall always comply with all Federal , State , regional , tribal and local laws , ordinances and regulations that affect Work under this Contract . The Contractor shall defend , indemnify and save harmless the City ( including elected officials , agents , officers and employees ) against any claims that may arise because the Contractor ( or any employee of the Contractor or any subcontractor) violates a legal requirement . This subsection 4 . 5 is supplemental and in addition to any section or subsection in this Contract that makes reference to specific laws , ordinances or regulations . 4 . 6 Taxes and insurance fees . The Contractor shall secure at its expense , and shall be responsible for all payments of sales and income taxes , social security CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 5 of 25 withholding , state disability insurance compensation , unemployment compensation , and all other payroll deductions for the Contractor, officers , agents , employees and subcontractors . 4 . 7 Employee and Subcontractor requirements . Contractor and any subcontractors shall comply with the following employee requirements . 4 . 7 . 1 All workers shall be competent and experienced in the performance of the work to which they are assigned . Failure or delay in the performance of this contract due to the Contractor's failure to provide workers adequate in number and skill to perform the Contract shall constitute a material breach of this Contract . 4 . 7 . 2 PAYMENT OF PREVAILING WAGES IS REQUIRED FOR THIS SERVICE CONTRACT pursuant to Ch . 39 . 12 RCW , as currently enacted or hereafter amended . 4 . 7 . 3 Contractor shall require that all operators of its street sweeping equipment maintain current, valid , appropriate Washington State Driver' s Licenses and any other pertinent requirements thereof, including commercial driver' s licenses and insurance , if not insured by Contractor . 4 . 7 . 4 Contractor shall require all employees to be courteous at all times , to abstain from the use of loud or profane language and to perform the Work as quietly as possible . All employees shall be neat in appearance . The City reserves its absolute right to determine whether Contractor is in compliance with this subsection . 4 . 7 . 5 Contractor shall , at all times , have designated persons available to accept orders for Special Sweeping and other directions from the City . Such person ( s ) shall have immediate charge of operations and shall provide the required performance . 4 . 7 . 6 . All operators of Contractor's street sweeping equipment shall attend Spill Response Training , offered by the City Environmental Engineering Division , at least once per calendar year . 5 . REQUIREMENTS FOR VEHICLES 5 . 1 General Appearance . Sweeping vehicles shall be numbered and shall have the Contractor' s name and vehicle number painted in letters of contrasting color at least four inches high on each side and on the back of each vehicle . No advertising shall be permitted other than the name of the Contractor . The Contractor shall allow the City of Kent to place stormwater educational magnets on street sweepers at the sole expense of the City . All vehicles shall be kept in a clean and sanitary condition , and all sweeping vehicles shall be cleaned at least once a week . Repainting of all vehicles shall be done as needed to maintain an acceptable appearance , or within 30 days after written CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 6 of 25 notification by the City . 5 . 2 State Standards . Street Sweepers required for performance shall be maintained in good working condition , equipped with proper warning lights , and operated and equipped in accordance with Chapter 46 . 37 RCW , as currently enacted or hereafter amended , as it applies to slow moving and/ or maintenance vehicles . 5 . 3 GPS Required . Each of Contractor' s sweepers dedicated to the performance of this contract work stated herein shall be equipped with a functioning Global Positioning Satellite ( GPS ) mobile unit . The GPS mobile unit shall be capable of tracking the sweepers position , direction , speed , time and status ( sweeping or not sweeping ) when operating within the City limits in any weather . Contractor shall maintain daily electronic files of the GPS tracking information . Further, the Contractor shall use the GPS electronic files to produce a plotted color map , on a weekly basis , reflecting the Contractor's sweeping activities of the previous week . The map shall be produced in an electronic format and be made available to the City via internet . Hand drawn maps will not be accepted . A hard copy of the plotted map shall be submitted to the City upon request . The Contractor shall retain all electronic records for the records retention period set forth in Section 14 . 1 of this Contract . The Contractor shall , upon request, provide the City with any electronic files or maps requested . 5 . 4 Age Of Vehicles . No vehicle may be more than five years old at any time it is used to perform obligations under this Contract . 5 . 5 Leaks And Spills . All vehicles shall be kept in good working operations . If at any time any automotive fluid is leaking from the sweeping vehicles , Contractor shall remove the vehicle from service and complete repairs within 24 hours . If any automotive fluids are spilled on the City streets , the Contractor shall immediately report the spill to the City spill hotline at ( 253 ) 856 - 5600 . The spill hotline number shall be posted in all street sweepers at all times . All Contractor vehicles shall carry the City spill hotline number in the cabs of the vehicles . All Contractor vehicles shall include a spill kit of new absorbent material to prevent any automotive fluids from entering the City storm sewers . 6 . NON - EMERGENCY RESPONSE TIME Whenever directed to perform non - emergency Special Sweeping , Contractor shall respond and commence that work as directed by the City . 7 . EMERGENCY RESPONSE TIME Whenever directed to perform Emergency Special Sweeping , Contractor shall respond and commence that work within two hours of receiving that direction . Minimum compensation time for that extra work shall be two hours at the established rate for Special Sweeping . CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 7 of 25 8 . EMERGENCY USE OF OTHER CONTRACTOR In an Emergency , the City reserves its absolute right to hire any street sweeping service provider to perform any amount of work for any length of time at such rates as the City determines to be in the City ' s best interests during the time of that Emergency . However, the City will use its best efforts to utilize Contractor for these Emergency services whenever practical . 9 . RESTRICTIONS ON PERFORMANCE The Contractor shall comply with the following route restrictions . 9A Frequency Area A [ Core Area ] - Core Area streets ( refer to schedule ) are designated for NO PARKING , MONDAYS ONLY, from 4 a . m . to 7 a . m . for street sweeping purposes . 9 . 2 Frequency Area B [ Residential Area ] - No sweeping activities shall take place between 8 , 00 p . m . and 7 : 00 a . m . weekdays . Weekend sweeping may be allowed between 10 a . m . and 4 p . m . with the prior written permission of the City . 9 . 3 Frequency Area C [ Major Arterial ] - No sweeping activities shall take place between 6 : 00 am and 9 : 00 am or between 3 : 00 p . m . and 7 : 00 p . m . weekdays . 9 . 4 Premium Service Area D fDesianated Roads To Be Swent Once Dailvl - Premium Service Areas will be designated by the City at the time service is required . This will include but is not limited to the prompt removal of leaves to reduce clogged drain lids and localized flooding . This service may be required once daily for up to 90 days . This Premium Service is further described in Exhibits B and C . 9 . 5 Coordination With Solid Waste Collection . Contractor shall not sweep residential streets the same day solid waste , recycling or yard and food waste is collected by the City 's solid waste collection service provider . The Contractor shall work with City staff and the solid waste service provider to avoid conflicts . The solid waste collection service dates shall take precedence and street sweeping shall be adjusted accordingly . Occasionally , solid waste collection dates may change due to operational efficiencies . In those circumstances Contractor may be required to adjust schedules . 10 , GENERAL SWEEPING REQUIREMENTS 10 . 1 Streets shall be swept clean and no piles of debris shall be left anywhere within any street or right- of- way . 10 . 2 Intersections shall be swept clean and Contractor shall hand sweep areas skipped by the sweeping machines consistent with frequencies identified in this Contract . CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 8 of 25 10 . 3 Water shall be used to control dust as needed and in compliance with state , regional and local air quality regulations . 10 . 4 The Contractor shall be responsible for the cleaning of all debris spilled or tracked on any street, alley or public place by any of its equipment . If the Contractor fails to clean the same within 24 hours of notice by the City , the City may cause such streets to be cleaned and may charge the costs to the Contractor . The City is authorized to deduct such cost from any payments due to the Contractor consistent with Section 3 . 5 of this Contract . 11 . CHANGES The City may issue a written change order for any change in the services to be provided during the performance of this Agreement . If the Contractor determines , for any reason , that a change order is necessary , Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement within fourteen ( 14 ) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change . If the City determines that the change increases or decreases the Contractor's costs or time for performance , the City will make an adjustment according to the terms of this Contract . If the Contractor fails to require a change order within the time allowed , the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work . If the Contractor disagrees with the price adjustment for the change order, the Contractor must complete the change order work and may proceed with the claims process below . The Contractor accepts all requirements of a change order by : ( 1 ) endorsing it , ( 2 ) writing a separate acceptance , or ( 3 ) not protesting in a way this section provides . A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct , indirect and consequential costs , including costs of delays related to any work , either covered or affected by the change . 12 . MISCELLANEOUS PROVISIONS 12 . 1 Affirmation Of Knowing Decision By Contractor . The Contractor acknowledges that it has made its own examination , investigation , and research regarding the proper method of doing the work , all conditions affecting the work to be done , the labor, equipment and materials needed and the quantity of the work to be performed . The Contractor is satisfied with its own investigation and research regarding all of these conditions and the Contractor' s decision to enter into this Contract is based upon such investigation and research . The Contractor further assumes full responsibility for any estimates , statements or interpretations made by any officer or agent of the City whether or not all or part of any of those estimates , statements or interpretations may prove to be in any respect erroneous . 12 . 2 No Implication Of City Ownership . The Contractor shall not use a firm CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 9 of 25 name containing the words " Kent" , " City " , or any words implying municipal ownership . 12 . 3 Cost Of Water And Duty Of Care To Water System . It is the Contractor' s sole responsibility to obtain and pay for any water used in the sweeping operation and to obtain all necessary permits and meters . Contractor may obtain permits and meters for the City of Kent Water District at the City Public Works Operations building at 5821 S . 240t" Street in Kent . In areas where the Soos Creek Water District or Water District 111 have jurisdiction , Contractor shall be responsible for contacting those Districts to obtain permits and meters . Copies of hydrant permits shall be carried on all sweepers at all times . Reasonable care must be taken in order to protect the water systems from damage or contamination , including but not limited to using backflow prevention devices . In the event any damage occurs , or potential contamination is suspected , Contractor shall immediately notify the City at ( 253 ) 85 & 5600 or the appropriate Water District . 13 . CONTACTS 13 . 1 Contractor 's responsible management or supervisory persons shall be accessible at or through Contractor's office during regular business hours ( 8 A . M . to 5 P . M . ) on weekdays to assure the required contractual performance . Contractor shall maintain a telephone message system to receive messages when the office is closed . 13 . 2 In addition , the parties agree that they will establish acceptable procedures for communication of necessary information . Each party agrees to designate a key employee who will be the responsible contact person for that party with respect to implementation of the Contract and communication of information necessary for performance . Each party agrees to follow the procedures established between the parties for regular, effective communication of information between the parties , including Emergency events that may occur outside of regular business hours . 14 , REQUIRED RECORDKEEPING 14 . 1 Contractor shall keep at all times accurate and complete records and accounts in writing and otherwise in accord with accepted accounting practices . Records shall include but not be limited to , route books indicating which streets were swept, such records will be consistent with data generated by the GPS system attached to the Contractor' s sweepers . 14 . 2 Contractor shall allow the City , or it ' s duly authorized representative or agent, reasonable and adequate access to all records , data , copies or duplicates without charge . 14 . 3 Each Monday , Contractor shall deliver to the City a written or electronic report of work performed during the previous week . The City will not process a purchase order for payment if Contractor does not timely and accurately CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 10 of 25 provide these reports . In the event no such written report is received by the City , the City ' s record shall control in any dispute between Contractor and the City and the Contractor waives and releases its right to prove or allege any facts or other data differing from the City ' s record . 14 . 4 Within seven days of the effective date of this Contract, the Contractor shall submit for the City ' s approval , a daily sweeping schedule , together with a planned route outline on maps attached as Exhibit C or as may hereinafter be amended by the City . Contractor shall designate which holidays it will observe and indicate all schedule modifications if the holiday falls on a regular sweeping day . Should the Contractor need to modify the schedule as submitted , the Contractor shall give not less than seven calendar days ' written notice to the City . Contractor shall work with Allied Waste of Kent to ensure residential streets ( Frequency Area B ) are not swept the same day garbage , recycling or yard and food waste is collected . 14 . 5 Contractor shall maintain accurate records of the sites utilized for disposal of the street sweeping spoils . At a minimum , these records shall show dates and times of transportation and disposal , amount of spoils disposed , and the name and location of the disposal site used . This information shall be provided in the Contractor' s weekly reports . Disposal tickets , receipts and/or invoices shall be attached to Contractor's monthly invoices . 14 . 6 Contractor shall maintain all records for a minimum of seven years after the termination date of this Contract or such longer time as is the duration of any litigation arising out of Contractor's performance of the Contract . 15 , RESPONSIBILITY FOR DAMAGE TO UTILITIES OR PROPERTY Contractor shall protect all public and private utilities and property from damages by Contractor's operation . If utilities or property are damaged by reason of the Contractor' s operations , Contractor shall , at its own expense , promptly repair or replace same to the original and/ or better conditions . In the event Contractor fails to promptly make the repairs , the City shall make the repair or replacement, and the cost of doing so shall be billed to Contractor or alternately at the City ' s option , the City may deduct that cost from any payments due the Contractor . The Contractor shall be responsible for all consequences and shall defend , indemnify and hold the City harmless for any losses caused by the damaging or interruption of utility services or damages to property . 16 , HANDLING AND DISPOSAL OF WASTES — GENERALLY 16 . 1 Extra care shall be taken in the loading and transportation of street sweeping spoils and other waste so that none of the material to be collected is left either on private property or on the streets or alleys . Any matter left on private property or on streets or alleys by the Contractor shall immediately be removed upon notice from the City at no extra cost to the City . 16 . 2 Decant as herein defined shall be disposed of at the locations specified by the CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 11 of 25 City in Exhibit E to this Contract or as otherwise approved by the City in writing . 16 . 3 Contractor shall deliver, at its cost , street sweeping spoils to a disposal site operated by King County , or its successors , or such other site or sites as shall be approved by and meets with the disposal requirements of the Washington State Department of Ecology and any other Federal , State or Local Agency or Department with Jurisdictions provided that the Contractor shall not use any dump or solid waste disposal site that the City would be prohibited from using were the City to collect and dispose of street sweeping spoils or waste on its own . The Contractor shall advise the City of the disposal site or disposal sites being used by the Contractor by attaching a copy of the disposal tickets , invoices and/ or receipts for each site used to invoices submitted . CONTRACTOR SHALL NOT TEMPORARILY STORE ANY STREET SWEEPING SPOILS OR WASTE AT ANY SITE OTHER THAN A DISPOSAL SITE THAT HAS BEEN APPROVED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THAT SPECIFIC PURPOSE . 16 . 4 Contractor assumes responsibility for all sweeping material collected and disposed under the terms of this Contract . 17 , HANDLING OF HAZARDOUS MATERIALS 17 . 1 Contractor recognizes that the sweeping material collected by its street sweepers either is or may contain dangerous or hazardous wastes . 17 . 2 Contractor agrees to collect , handle , transport and dispose of the sweeping material specifically in accordance with all applicable standards , rules and regulations now in effect or hereafter amended or enacted by the Washington Department of Ecology and the United States Environmental Protection Agency or their successors . 17 . 3 Contractor further assumes full responsibility and holds the City harmless for complete compliance with all applicable local , state or federal laws , rules or regulations that apply to the services provided in this contract as they affect the collection , handling , transportation or disposal of hazardous or dangerous wastes collected by its street sweepers . 18 . INDEMNIFICATION AND INSURANCE 18 . 1 Hold harmless . The Contractor shall defend , indemnify and hold the City , its officers , officials , employees , agents and volunteers harmless from any and all claims , injuries , damages , losses or suits , including all legal costs and attorney fees , arising out of or in connection with the performance of this Contract, except to the extent that such injuries and damages are caused by the sole or contributory negligence of the City . 18 . 2 Acceptance by City not a waiver . The City ' s inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 12 of 25 any of these covenants of indemnification . 18 . 3 Potential limits to liability . Should a court of competent jurisdiction determine that this Contract is subject to RCW 4 , 24 , 115 , then , in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City , its officers , officials , employees , agents and volunteers , the Contractor' s liability hereunder shall be only to the extent of the Contractor's negligence . 18 . 4 Waiver of immunity under industrial insurance . Solely for purposes of enforcing the indemnification obligations of a party under the terms of this Contract, Contractor expressly waives its immunity under Title 51 RCW and acknowledges that such waiver has been specifically negotiated . 18 . 5 Terms survive expiration of Contract . The provisions of this Contract that address insurance and indemnification shall survive the expiration or termination of this Contract, unless a specific section of this Contract states otherwise . 19 . INSURANCE 19 . 1 _Minimum insurance requirements . Contractor shall procure and maintain for the duration of this Contract insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents , representatives , employees , subconsultants or subcontractors . 19 . 2 Certificate Of Insurance . Before beginning work on the project described in this Contract, the Contractor shall provide a Certificate of Insurance evidencing . a . Automobile Liability insurance with limits no less than $ 5 , 000 , 000 combined single limit per accident for bodily injury and property damage , and b . Commercial General Liability insurance written on an occurrence basis with limits no less than $ 1 , 000 , 000 combined single limit per occurrence and general aggregate for personal injury , bodily injury and property damage . Coverage shall include but not be limited to : blanket contractual ; products/ completed operations/ broad form property damages explosion , collapse and underground ( XCU ) , and employer' s liability. c . Excess Liability insurance with limits not less than $ 4 , 000 , 000 per occurrence and aggregate . d . Insurer . Insurance coverage is to be provided only by an insurer CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 13 of 25 with a current A . M . Best rating of not less than A : VII . 19 . 3 City Insurance Shall Not Contribute . The Contractor's insurance shall be the primary insurance as respects the City . Any insurance or self- insurance maintained by the City shall be in excess of Contractor's insurance and shall not contribute with it . 19 . 4 City Named As Additional Insured . The City , its officers , officials , employees , agents and volunteers shall be named as an additional insured on the insurance policy , 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 , which shall be kept on file with this Contract . The City will not execute the Contract until such documents are provided . 19 . 5 Coverage Shall Apply Separately To Each Insured . Contractor's insurance shall 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 . 19 . 6 Notice Reguired To City Prior To Change In Coverage . Contractor's insurance shall be endorsed to state that coverage shall not be cancelled , suspended or altered in any material way without the City being given 30 calendar days ' prior written notice by certified mail , return receipt requested , of the proposed cancellation or material change in coverage . 19 . 7 Responsibility For Premiums Or Deductibles. Any payment of premiums , deductibles , or self insured retention shall be the sole responsibility of the Contractor . 19 . 8 Proof Of Subcontractor Insurance . Where use of a subcontractor is allowed under this Contract, Contractor shall include all subcontractors as insureds under Contractor's policies OR shall furnish the City separate certificates or endorsements for each subcontractor . All coverages for subcontractors shall meet the same insurance requirements as stated in this Contract for Contractor . 1959 City Not Responsible For Contractor's Tools & Eguigment . The Contractor hereby agrees and acknowledges that the City bears no liability or responsibility for any loss or damage from any cause whatsoever to Contractor's tools , machinery , equipment , or vehicles , including rented tools , machinery , or equipment, or tools , machinery , or equipment owned or rented by Contractor's agents or subcontractors . 20 . FORCE MAJEURE Provided that the requirements of this Section are met , Contractor shall not be deemed to be in default and shall not be liable for failure to perform if Contractor's performance is prevented or delayed by acts of terrorism , landslides , lightning , fire , CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 14 of 25 storms , floods , earthquakes , civil disturbances , governmental restraint or other causes , if not otherwise addressed in this Contract ( e . g. storm debris and sand ) that are not reasonably within the Contractor's control . If Contractor is wholly or partially unable to meet its Contract obligations due to such events , then Contractor shall promptly give notice and explanation to the City in reasonable detail . At the sole discretion of the City , Contractor's obligations shall be suspended with respect to the particular obligations made impossible by the event or events . 21 . LABOR DISPUTES In the event of a strike or labor dispute involving Contractor 's employees , the City and Contractor shall meet to determine the appropriate manner of continuing public service under the Contract . While not relieving the Contractor of obligations under the Contract, the City will cooperate with Contractor in providing for the continuation of services in the best interest of public health , safety and welfare . 22 . CLAIMS If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction , instruction , interpretation , or determination by the City , the Contractor may file a claim as provided in this section . The Contractor shall give written notice to the City of all claims within 14 calendar days of the occurrence of the events giving rise to the claims , or within 14 calendar days of the date the Contractor knew or should have known of the facts or events giving rise to any claim , whichever occurs first . Any claim for damages , additional payment for any reason , or extension of time , whether under this Agreement or otherwise , shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement . At a minimum , a Contractor's written claim shall include the information set forth in subsections A, items 1 through 4 below . FAILURE TO PROVIDE A COMPLETE , WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY . A . Notice of Claim . Provide a signed written notice of claim that provides the following information : 1 . The date of the Contractor's claims 2 . The nature and circumstances that caused the claims 3 . The provisions in this Agreement that support the claim ; and 4 . The estimated dollar cost, if any , of the claimed work and how that estimate was determined . B . Records . The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim . The City shall have access to any of the Contractor's records needed for evaluating the CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 15 of 25 protest . The City will evaluate all claims , provided the procedures in this section are followed . If the City determines that a claim is valid , the City will adjust payment for work or time by an equitable adjustment . No adjustment will be made for an invalid protest . C . Contractor's Duty to Complete Protested Work . In spite of any claim , the Contractor shall proceed promptly to provide the goods , materials and services required by the City under this Agreement . D . Failure to Protest Constitutes Waiver . By not protesting as this section provides , the Contractor also waives any additional entitlement and accepts from the City any written or oral order ( including directions , instructions , interpretations , and determination ) . E . Failure to Follow Procedures Constitutes Waiver . By failing to follow the procedures of this section , the Contractor completely waives any claims for protested work and accepts from the City any written or oral order ( including directions , instructions , interpretations , and determination ) . 23 . LIMITATION OF ACTIONS CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED . THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD FOR CLAIM 'S FILING BY CONTRACTOR . 24 . NON - DISCRIMINATION 24 . 1 Contractor shall not discriminate against any employee or proponent for employment because of race , color, creed , religion , ancestry , national origin , age , sex , marital status , parental status , sexual orientation , political ideology , the presence of any sensory , mental or physical handicap or the use of a trained guide or service dog by a disabled person , unless based upon bona fide occupational qualification . Contractor shall take affirmative action to ensure that proponents are employed , and that employees are treated during employment, without regard to their race , color, creed , religion , ancestry , national origin , age , sex , marital status , parental status , sexual orientation , political ideology, the presence of any sensory, mental or physical handicap or the use of a trained guide or service dog by a disabled person . Such action shall include , but not be limited to the following : employment, upgrading , demotion , or transfer, recruitment, or recruitment advertising , layoff or termination , rates of pay or other forms of compensation , and selection for training , including apprenticeship . 24 . 2 Contractor agrees to post in conspicuous places , available to employees and applicants for employment, notices setting forth the provisions of this non - CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 16 of 25 discrimination clause . 24 . 3 Failure to comply with any of the terms of this section shall constitute a material breach of this Contract . 25 , MINIMUM WAGE AND SERVICE CONTRACT AFFIRMATIONS 25 . 1 Contractor affirms that it has read and signed the Non - collusion/ Minimum wage combined affidavit & certification form . See, Form 2 of the response to the City 's Request for Proposals . Contractor agrees that this project constitutes " Public Work " for the purpose of complying with the prevailing wage requirements found in RCW 39 . 12 , 020 , but in all other respects is a service contract . Contractor agrees that it shall pay prevailing wages at applicable state rates . 25 . 2 Contractor agrees to post in conspicuous places , available to employees and applicants for employment, notices as required by the Washington State Department of Labor and Industries . 25 . 3 No payment will be made on this Contract until the Contractor and each and every subcontractor has submitted a Statement of Intent to Pay Prevailing Wages as approved by the Industrial Statistician of the Department of Labor and Industries . Payment on the final invoice for the Contract will be withheld until the Contractor and each and every subcontractor has submitted an " Affidavit of Wages Paid " that has been certified by the Industrial Statistician of the Department of Labor and Industries . 26 , OTHER REMEDIES AVAILABLE TO CITY In addition to any other remedy provided herein , the City reserves the right to pursue any remedy available at law including the enforcement of the Contract terms for performance against Contractor and/ or its successors and assigns . The pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein . 27 , TERMS OF THIS CONTRACT ARE CONTROLLING The written provisions and terms of this Contract , its exhibits and attachments , amendments and change orders shall supersede all verbal statements of any officer or other representative of the City , and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Contract . 28 , WAIVER OF TERMS MUST BE IN WRITING No waiver of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City . CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 17 of 25 29 , SEVERABILITY AND REAWARD OF CONTRACT If any section , sentence , clause or phrase of this Contract should be held to be invalid or unconstitutional by a court of competent jurisdiction , such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section , sentence , clause or phrase of this Contract . In the event that any of the provisions of this Contract are held to be invalid by a court of competent jurisdiction , the City reserves the right to reconsider the award of this contract and may amend , repeal , add , replace or modify any other provision of this Contract , or may terminate this Contract . 30 , DISPUTES This Contract shall be governed by and construed in accordance with the laws of the State of Washington . If the parties are unable to settle any dispute , difference , or claim arising from the performance of the Contract, the exclusive means of resolution shall be by filing suit under the venue , rules and jurisdiction of the Superior Court for King County Washington . In any claim or lawsuit for damages arising from the performance of this Contract, each party shall pay its own legal costs and attorneys ' fees . Provided , however, nothing in this paragraph shall be construed to limit the City 's right to indemnification under Sections 14 , 15 , 16 and 17 of this Contract . 31 , NOTICES All notices regarding this Contract shall be sent to the parties at the addresses below . Any written notice shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other address as may hereafter be specified in writing . Provided , however, that daily operational and emergency communications shall be as provided for in Section 13 of this Contract . 32 , ENTIRETY The Contract, Contractor's Response to the RFP and all forms and attachments are incorporated into this Contract by this reference and represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract . To the extent any conflicting terms or conditions exist among this Contract, the Response to the RFP and the attachments , this Contract shall control . No prior written or oral statement or proposal shall alter any term or provision of this Contract . CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 18 of 25 THE PARTIES agree to all terms and conditions of this Contract which shall be effective on the last day executed and warrant that the persons executing have the authority to do so . CITY OF KENT CONTRACTOR n Sony Inc, By : t e to By : _ Its ' Mao Its : C �. � ✓� Da _ Dated r' ADDRESS : ADDRESS . 220 Fourth Avenue South PC Uy Kent, Washington 98032 Kauex y aq 16 ( 253 ) 856 - 5770 ATTEST : IfUONALD F . MOORE , CITY CLERK APPROVED AS TO FORM : 0 TOM BRU BAKE R,4 ATTORNEY CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 19 of 25 I EXHIBIT A PREVAILING WAGE RATES CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 20 of 25 $ O Z . I m S E Y « LIM [2 0 > � mU � O lowwwwo $ o — E e § m (10 3 0 Q ammoomm > £ 2 � £ O ? 022 ( 9 @ § ® Co m = E 0 � 7@0 � m g7C22 ± � VIM c UM) c @ ¢ 0 O = / ¢ 7 % $ 06 C IS 7 > 2 { ƒ % CD § a) VIIII ) m mc wo E O U IIII;m C'L 3 % . ® _ a) § @ 2 a) 7 @ m (A E 0 0 MENOWg O � a) m ECIO41111` a) _ C U) � E / / 0 0) U 4dommP a)� E 2 � ' c JMINIVER INNOMENOW � x . E @ 0 m mc / 2 7 $ o oft (D O q � 2 a) M % n � * CO a) o e > m b � / a) 0 D � 0 m 0 c $ . g c » E f 3 . 0 Z ' � 0 � CL $ LLJ ) E ) ¢ � « � \ � 4mJ � 0 i * �i= � * *i * * `.�i %k * * � � * � * �i %4 * � � * * %e � * � * * %i� * * � * * �'. ii * � * %k * * * %4 * %�. �: i�.".�i' � %k * �: * %k �C * %� * * %k * * * � * %� * * * * * %k * � * fir %� � * * � ii * * fir * * * %k � � .`�i ?''• * * * %k * :l' * * * * * * �i Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects , the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of ftinge benefits actually provided for the worker. 1 . ALL HOURS WORKED IN EXCESS OF EIGHT (8 ) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE . B . All hours worked on Saturdays shall be paid atone and one-half times the hourly rate of wage . All hours , worked on Sundays and holidays shall be paid at double the hourly rate of wage . Co The first two (2) hours after eight ( 8 ) regular hours Monday through Friday and the first ten ( 10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage . All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . D . The first two (2) hours before or after a five-eight (8) hour workweek day or a foul 44en ( 10) hour workweek day and the first eight ( 8 ) hours worked the next day after either workweek shall be paid at one and one -half times the hourly rate of wage . All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage . E . The first two (2) hours after eight ( 8 ) regular hours Monday through Friday and the first eight (8 ) hours on Saturday shall be paid at one and one-half times the hourly rate of wage . All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . F . The first two (2) hours after eight ( 8) regular hours Monday through Friday and the first ten ( 10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage . All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage . All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G, The first ten ( 10) hours worked on Saturdays and the first ten ( 10) hours worked on a fifth calendar weekday in a four-ten hour schedule, shall be paid at one and one -half times the hourly rate of wage . All hours worked in excess of ten ( 10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve ( 12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage . J. The first two (2) hours after eight (8 ) regular hours Monday through Friday and the first ten ( 10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked over ten ( 10 ) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage . K. All hours worked on Saturdays and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage . M . All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage . All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . N . All hours worked on Saturdays (except makeup days) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . Overtime Codes Continued 1 . O . The first ten ( 10) hours worked on Saturday shall be paid at one and one -half times the hourly rate of wage . All hours worked on Sundays , holidays and after twelve ( 12) hours, Monday through Friday and after ten ( 10 ) hours on Saturday shall be paid at double the hourly rate of wage . P . All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage . All hours worked on holidays shall be paid at double the hourly rate of wage . Q . The first two (2) hours after eight (8 ) regular hours Monday through Friday and up to ten ( 10 ) hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage . All hours worked in excess of ten ( 10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one -half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage . S . The first two (2) hours after eight (8 ) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage . All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage . U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage . All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage . All hours worked on Labor Day shall be paid at three times the hourly rate of wage . V . All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage . All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage . W . All hours worked on Saturdays and Sundays (except make -up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage . All hours worked on holidays shall be paid at double the hourly rate of wage . X . The first four (4) hours after eight ( 8 ) regular hours Monday through Friday and the first twelve ( 12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage . All hours worked over twelve ( 12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage . When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5 : 00 am and 5 : 00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day ( 10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one -half times the hourly rate of wage . (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day ( 10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve ( 12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z . All hours worked on Saturdays and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay . Overtime Codes Continued 2 . ALL HOURS WORKED IN EXCESS OF EIGHT ( 8) HOURS PER DAY OR FORTY (40 ) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. Be All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage . C . All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage . All hours worked on holidays shall be paid at two times the hourly rate of wage . F . The first eight ( 8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay . All hours worked in excess of eight ( 8 ) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage . All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage . O . All hours worked on Sundays and holidays shall be paid at one and one -half times the hourly rate of wage . R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U . All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage . All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage . W . The first two (2) hours after eight ( 8 ) regular hours Monday through Friday and the first eight ( 8 ) hours on Saturday shall be paid at one and one-half times the hourly rate of wage . All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . On a four -day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8 ) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage . All other hours worked on the fifth., sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage . 3 . ALL HOURS WORKED IN EXCESS OF EIGHT ( 8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE . A . Work performed in excess of eight ( 8) hours of straight time per day, or ten ( 10) hours of straight time per day when four ten ( 10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours ( 12) in a single shift and all work performed after 6 : 00 pm Saturday to 6 : 00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6 : 00 pm and midnight shall receive an additional one dollar ($ 1 . 00 ) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees . Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations . After an employee has worked eight (8 ) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight ( 8 ) hours or more . C . Work performed in excess of eight ( 8 ) hours of straight time per day, or ten ( 10) horns of straight time per day when four ten ( 10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage . All work performed after 6 : 00 pm Saturday to 5 : 00 am Monday and Holidays shall be paid at double the hourly rate of wage . After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight ( 8 ) hours or more . Overtime Codes Continued 3 . D . All hours worked between the hours of 6 : 00 pm and 6 : 00 am, Monday through Saturday , shall be paid at a premium rate of 15 % over the hourly rate of wage. All other hours worked after 6 : 00 am on Saturdays, shall he paid at one and one-half times the hourly rate of wage . All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E . All hours worked Sundays and holidays shall be paid at double the hourly rate of wage . Each week, once 40 hours of straight time work is achieved , then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate . F . All hours worked on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage . All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half ( 1 - 1 /2 ) times the regular rate of pay . I . All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage . In the event the job is down due to weather conditions during a five day work week (Monday through Friday,) or a four day -ten hour work week (Tuesday through Friday ,) then Saturday may be worked as a voluntary make -up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All hours worked Monday through Saturday over twelve ( 12) hours and all hours worked on. Sundays and holidays shall be paid at double the hourly rate of wage . 4 . ALL HOURS WORKED IN EXCESS OF EIGHT ( 8 ) HOURS PER DAY OR FORTY (40 ) HOURS PER WEED SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A . All hours worked in excess of eight ( 8 ) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage . All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage . B . All hours worked over twelve ( 12) hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage . C . On Monday through Friday, the first four (4) hours of overtime after eight ( 8 ) hours of straight time work shall be paid at one and one half ( 1 - 1 /2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established . On a four (4) day ten ( 10 ) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten ( 10) hours of straight time work shall be paid at one and one half ( 14 /2) times the straight time rate of pay. On Saturday, the first twelve ( 12) hours of work shall be paid at one and one half ( 1 - 1 /2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten ( 10) hours on Saturday may be worked at the straight time rate of pay . All hours worked over twelve ( 12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay . Overtime Codes Continued 4 . D . All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage . All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay . Rates include all members of the assigned crew . EXCEPTION: On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary fimction is to feed a distribution system, will be paid overtime under the following rates : The first two (2) hours after eight (8 ) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage . All hours in excess of ten ( 10 ) hours will be at two (2) times the hourly rate of wage. The first eight ( 8 ) hours worked on Saturday will be paid at one and one -half ( 1 - 1 /2) times the hourly rate of wage . All hours worked in excess of eight (8 ) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage . All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage . E . The first two (2) hours after eight (8 ) regular hours Monday through Friday and the first eight ( 8 ) hours on Saturday shall be paid at one and one-half times the hourly rate of wage . All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage . The Monday or Friday not utilized in the normal four-day, ten hour work week, and Saturday shall be paid at one and one half ( 1 '/2) times the regular shift rate for the first eight ( 8 ) hours . All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . F . All hour worked between the hours of 6 : 00 pm and 6 : 00 am, Monday through Saturday, shall be paid at a premium rate of 20% over the hourly rate of wage . All hours worked on Sundays shall be paid at one and one -half times the hourly rate of wage . All hours worked on holidays shall be paid at double the hourly rate of wage . G . All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage . All hours worked Monday through Saturday over twelve ( 12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage . Holiday Codes 5 . A . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day , and Christmas Day (7) . Be Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day ( 8 ) . C . Holidays : New Year's Day, Presidents ' Day, Nlemorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day ( 8 ) . D . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8 ) . H. Holidays : New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6) . Holiday Codes Continued 5 . I . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6 ) • J. Holidays : New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7) . K . Holidays : New Year' s Day, Presidents ' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9 ) . L . Holidays : New Year ' s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day ( 8) . N. Holidays : New Year's Day, Presidents ' Day, Memorial Day, Independence Day, Labor Day, Veterans ' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9) . P . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas , And Christmas Day (9) . If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday . Q . Paid Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6) , R. Paid Holidays : New Year's Day, Memorial Day , Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One-Half Day Before Christmas Day, And Christmas Day . (7 1 /2) . S . Paid Holidays : New Year' s Day, Presidents ' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). T. Paid Holidays : New Year' s Day, Washington ' s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas Me Z . Holidays : New Year's Day, Memorial Day , Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day ( 8 ) . 6 . A . Paid Holidays : New Year ' s Day, Presidents ' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day ( 8 ) . E . Paid Holidays : New Year' s Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half-Day On Christmas Eve Day. (9 1 /2). G . Paid Holidays : New Year's Day, Martin Luther King Jr. Day, Presidents ' Day, Memorial Day, Independence Day, Labor Day, Veterans ' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day ( 11 ) . H. Paid Holidays : New Year's Day, New Year ' s Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas , And A Floating Holiday ( 10) . I . Paid Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7) . Holiday Codes Continued 6 . T . Paid Holidays : New Year's Day, Presidents ' Day , Memorial Day , Independence Day, Labor Day, Thanksgiving Day , The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9) . Z . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7) . If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday . 7 . A . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day ( 8 ) . Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. Be Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day ( 8) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Co Holidays : New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day ( 8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . D . Paid Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran ' s Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day ( 8 ) . Unpaid Holidays : President ' s Day . Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday . Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday . Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . F . Holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day ( 8 ) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday . Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . G . Holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays : New Year's Day, Martin Luther Icing Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday . Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . I . Holidays : New Year's Day, President' s Day, Independence Day , Memorial Day, Labor Day , Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . J . Holidays : New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . Holiday Codes Continued T K . Holidays : New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day ( 8 ) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays : New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7 ) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday . Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . M . Paid Holidays : New Year's Day, The Day after or before New Year ' s Day, President ' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day ( 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday . Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday . N . Holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7 ) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P . Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day ( 7) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday . Q . Holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8) . Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays : New Year' s Day, the clay after or before New Year ' s Day, President ' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day ( 10) . If any of the listed holidays fall on Saturday , the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly . S . Paid Holidays : New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9) . If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly . T . Paid Holidays : New Year's Day, the Day after or before New Year ' s Day, President ' s Day, Memorial Day , Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and The Day after or before Christmas Day . ( 10 ) . If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly . Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Note Codes 8 . A . In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more : Over 50 ' To 100 ' 42 . 00 per Foot for Each Foot Over 50 Feet Over 100 ' To 150 ' 43 . 00 per Foot for Each Foot Over 100 Feet Over 150 ' To 220 ' 44 . 00 per Foot for Each Foot Over 150 Feet Over 220 ' 45 . 00 per Foot for Each Foot Over 220 Feet Note Codes Continued 8 . C . In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more : Over 50 ' To 100' 41 . 00 per Foot for Each Foot Over 50 Feet Over 100 ' To 150' 41 , 50 per Foot for Each Foot Over 100 Feet Over 150 ' To 200' -$2 .00 per Foot for Each Foot Over 150 Feet Over 200 ' -Divers May Name Their Own Price D . Workers working with supplied air on hazmat projects receive an additional $ 1 . 00 per hour. L . Workers on hazmat projects receive additional hourly premiums as follows -Level A : $0 . 75 , Level B : $ 0 . 50, And Level C : $ 0 . 25 . M. Workers on hazmat projects receive additional hourly premiums as follows : Levels A & B : $ 1 . 00 , Levels C & D : $0 . 50 . N . Workers on hazmat projects receive additional hourly premiums as follows -Level A : $ 1 . 00 , Level B : $ 0 . 75 , Level C : $ 0 . 50, And Level D : $ 0 .25 . P . Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit : $2 . 00 , Class B Suit: $ 1 . 50, Class C Suit: $ 1 . 00, And Class D Suit $ 0 . 50 . Q . The highest pressure registered on the gauge for an accumulated time of more than fifteen ( 15 ) minutes during the shift shall be used in determining the scale paid. R . Effective August 31 , 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized . A Traffic Control Laborer performs the setup , maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle , and pedestrian traffic during construction operations . Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho . These classifications are only effective on or after August 31 , 2012 . S . Effective August 31 , 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized . Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho . This classification is only effective on or after August 31 , 2012 , T . Effective August 31 , 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations . Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon , Montana, or Idaho . This classification is only effective on or after August 31 , 2012 . U . Workers on hazmat projects receive additional hourly premiums as follows — Class A Suit : $ 2 . 00 , Class B Suit : $ 1 . 50, And Class C Suit : $ 1 . 00 . Workers performing underground work receive an additional $ 0 .40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked . Workers who work suspended by a rope or cable receive an additional $0 . 50 per hour. The premium for work suspended shall be paid for the entire shift worked . Workers who do "pioneer" work (break open a out, build road, etc . ) more than one hundred fifty ( 150) feet above grade elevation receive an additional $ 0 . 50 per hour. 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Y 3 d a liA IT o a a z .t { r � E ♦q i CID .j lull IT < ti V_ VV", Tum I I � rIV TV ¢ a a _ 1 � _ � ^, � ! IV III Ile ml ul rrpme t . � 1 3San &fp a r— `a — j � 3 uti I ITT Al tom° , ...) � -IT _ � •'��l �y IT � ""IT 3S 3L t __ I TV C 1IV �� V. r s Tim uVrommummul I.T. E r Y r VI I _ . i_I, _ I �. n . . F ` , . E . . 4 u 1W co � . 1 _ � � / _.._ iall i IVIN Y4Jt �� 1 �1: � } ' III I_ TV S 8IV ILL IT IL Ay 9l6 ` m i w VII ., VIA 12 IT YITT I3IT WVT_ � 1mmiumme t ' 1 E3 t IT e 4J ,ry- IV I IT 3 ITT a ` f q } iv skI, — tS �H' - C a s1�e I rV 11, TV III I ff Ell VIT IT ¢ x . 1 s Il , 41 � � : t > III P2J {oojgB"UI� a - ^ 3 rt, ` AV � IV TIVIVIA � — S e� tiVVLVVVT6 , A.- lull mull 1 19 lull I, IN rVIVII ITT I, VIC V III VA I y 1 I-II ITTg ,. 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TV Y . ei t.. ,,.._ x 7 � { J j (� n tiIII zn a All I Tom p � - ( ( ae 1 i 11 IV �M ° o f � ii� l�3ed F�D R IT IT TV": f �� a E s d z 1= Q- @, � j�i � I . . { q aIw" �,VVq I �-•� i Lull 1 i j Ilima � J � ICID Tul- ti � YVV ITT IT um 1\1 _. i , _... . y w �o. . _ . , i EXHIBIT D INSURANCE SUBMITTALS FROM CONTRACTOR ( To be included in the final contract . ) CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 23 of 25 AI ®® DATE (MM/DDIYYYY) CCOR `✓ CERTIFICATE OF LIABILITY INSURANCE 5 / 27 / 2016 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)2 AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Minami , CPCU , CRIS NAME: Bell Anderson Agency , Inc . PHONE Ext ( 425 ) 291 - 5200 AIX No : ( 425 ) 291 - 5100 600 SW 39th St , Suite 200 E-MAIL li ADDRESS: ndam@bell - anderson . com INSURERS AFFORDING COVERAGE NAIC # Renton WA 98057 INSURERA :Ohio Security Insurance Cc ( A XV) 24082 INSURED INSURER LPanerican Fire & Casualty Co ( A XV) 24066 McDonough & Sons , Inc . INSURER C : 27218 SE Kent - Kangley Road INSURERD : INSURER E : Ravensdale WA 98051 INSURERF : COVERAGES CERTIFICATE NUMBER:CL1592111921 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 110001000 A CLAIMS-MADE X❑ OCCUR PREMISES (Ea ocDAMAGE TO cur ence ED $ 11000 , 000 BKS55667123 9 / 27 / 2015 9 /27 / 2016 MED EXP (Any one person) $ 15 , 000 PERSONAL & ADV INJURY $ 11000 , 000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000 , 000 X EC LOC PRODUCTS - COMP/OPAGG $ 2 , 000 , 000 POLICYIJ OTHER: CND AUTOMOBILE LIABILITY EOaccicdentSINGLE LIMIT $ 11 000 , 000 B X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BAA55667123 9 / 27 /2015 9 / 27 /2016 BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS L $ AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 41000 , 000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 41000 , 000 DED X RETENTION 10 , 000 US055667123 9 / 27 / 2015 9 / 27 / 2016 $ WORKERS COMPENSATION STATUTE EORH AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y N / A E.L. EACH ACCIDENT $ 11000 , 000 LlA OFFICER/MEMBER EXCLUDED?(Mandatory In NH) BKS55667123 9 / 27 / 2015 9 /27 / 2016 E. L. DISEASE - EA EMPLOYE $ 1 , 000 , 000 If yes, describe under DESCRIPTION OF OPERATIONS below I IWA Stop Gap E.L. DISEASE - POLICY LIMIT $ 11 000 , 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE : Street Sweeping Contract . The certificate holder is additional insured for general liability , but only if required by written contract or written agreement per the attached endorsement # CG8810 0413 , for auto liability per form # CA8810 0110 , and for umbrella liability per form CU6002 0697 Waiver of subrogation included per the attached endorsement # CG8810 0413 & CA8810 0110 Coverage is primary & non - contributory per the attached endorsement # CG8810 0413 . * * This certificate cancels & replaces the certificate issued on 04 / 12 / 2016 . * * CERTIFICATE HOLDER CANCELLATION NYoshitake@KentWA . gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent , WA 98032 AUTHORIZED REPRESENTATIVE James Hunt /LKM © 1988-2014 ACORD CORPORATION . All rights reserved . ACORD 25 (2014/01 ) The ACORD name and logo are registered marks of ACORD INS025 (2014nn Coverage is Provided In: Policy Number: I1bCrty Ohio Security Insurance Company BKS (16) 55 66 7123 MU1 Uc� 11 Policy Period : INSURANCE From 0 912712 01 5 To 09/27/2016 Common Policy Declarations 12: 01 am Standard Time at Insured Mailing Location Named Insured Agent MCDONOUGH & SONS INC (425) 291 -5200 BELL-ANDERSON AGENCY INC SUMMARY OF LOCATIONS This policy provides coverage for the following under one or more coverage parts . Please refer to the individual Coverage Declarations Schedules , or, the individual Coverage Forms for locations or territory definition for that specific Coverage Part. 0001 27218 SE Kent Kangley Rd, Ravensdale, WA 98051- 9581 0002 30628 3rd Ave, Black Diamond, WA 98010-2000 POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 00 01 04 13 Commercial General Liability Coverage Form - Occurrence CG 01 81 05 08 Washington Changes CG 01 97 12 07 Washington Changes - Employment-Related Practices Exclusion CG 03 00 01 96 Deductible Liability Insurance CG 04 42 11 03 Stop Gap - Employers Liability Coverage Endorsement - Washington CG 04 50 05 08 Washington Changes - Who Is An Insured CG 21 06 05 14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability - With Limited Bodily Injury Exception CG 2170 01 15 Cap on Losses from Certified Acts of Terrorism CG 2176 01 15 Exclusion of Punitive Damages Related to a Certified Act of Terrorism " CG 21 86 12 04 Exclusion - Exterior Insulation and Finish Systems 0 CG 21 96 03 05 Silica or Silica-Related Dust Exclusion CG 22 79 04 13 Exclusion - Contractors - Professional Liability M CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 26 04 13 Amendment of Insured Contract Definition In witness whereof, we have caused this policy to be signed by our authorized officers . Dexter Legg Paul Condrin Secretary President To report a claim, call your Agent or 1-800462-0000 DS 70 21 01 08 09/24/15 55667123 NDID8465 235 NCAOPPNO INSURED COPY 00276B PAGE 32 OF 216 Coverage Is Provided In: Policy Number: L><berty Ohio Security Insurance Company BKS (16) 55 66 7123 MU11111= Policy Period : INSURANCE From 09/27/2015 To 09/27/2016 Common Policy Declarations 12: 01 am Standard Time at Insured Mailing Location Named Insured Agent MCDONOUGH & SONS INC (425) 291 -5200 BELL-ANDERSON AGENCY INC �o POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists all of the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 26 77 12 04 Washington - Fungi or Bacteria Exclusion CG 84 94 1208 Exclusion - Consolidated Insurance Programs Wrap-Up CG 84 99 08 09 Non-Cumulation Liability Limits Same Occurrence CG 85 83 04 13 Blanket Additional Insured Contractors - Products - Completed Operations CG 88 10 04 13 Commercial General Liability Extension CG 88 70 12 08 Construction Project(s)-General Aggregate Limit (Per Project) CG 88 77 12 08 Medical Expense At Your Request Endorsement N CG 89 27 1009 Washington Exclusion - Asbestos CG 91 98 06 15 Disclosure and Notice Concerning Fully Earned and Minimum Premium Endorsements CL 01 03 03 10 Common Policy Conditions - Washington CL 04 65 01 01 Loss Payable Endorsement - Washington CL 06 00 01 15 Certified Terrorism Loss CL 07 00 10 06 Virus or Bacteria Exclusion CM 76 13 07 13 Waiver of Theft Deductible CP 00 10 10 12 Blinding and Personal Property Coverage Form CP 00 30 10 12 Business Income (And Extra Expense) Coverage Form CP 00 90 07 88 Commercial Property Conditions CP 01 26 10 12 Washington Changes N CP 0140 0706 Exclusion of Loss Due to Virus or Bacteria CP 01 60 12 98 Washington Changes - Domestic Abuse CP 01 79 10 12 Washington Changes - Excluded Causes of Loss CP 1030 10 12 Causes of Loss - Special Form CP 88 04 03 10 Removal Permit CP 88 10 02 15 Property Extension Plus CP 8844 02 15 Equipment Breakdown Coverage Endorsement CP 9055 12 12 Business Income And Extra Expense Changes - Actual Loss Sustained In A Twelve-Month Period IL 01 23 11 13 Washington Changes - Defense Costs IL 01 46 08 10 Washington Common Policy Conditions IL 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL 09 35 07 02 Exclusion of Certain Computer-Related Losses To report a claim, call your Agent or 1-500462-0000 DS 70 21 01 08 OO/24/15 550B7123 N0108465 235 NCADPPNO INSURED COPY 002766 PAGE 33 OF 216 Coverage Is Provided In: Policy Number: Ube Ohio Security Insurance Company BKS (16) 55 66 71 23 M.ZS Policy Period : INSURANCE From 09/27/2015 To 0 912 7/2 01 6 Common Policy Declarations 12: 01 am Standard Time at Insured Mailing Location Named Insured Agent MCDONOUGH & SONS INC (425) 291 -5200 BELL-ANDERSON AGENCY INC POLICY FORMS AND ENDORSEMENTS = CONTINUED This section lists all of the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE IL 09 52 01 15 Cap On Losses From Certifiers Acts Of Terrorism IM 20 97 04 04 Amendatory Endorsement - Washington IM 70 00 04 04 Contractors ' Equipment Coverage IM 78 54 04 04 Loss Payable Options IM 79 02 05 04 Loss Payable Schedule N 9 a To report a claim, call your Agent or 1400462-0000 DS 70 21 01 08 09/24/15 55867123 N0108465 235 NCAOPPNO INSURED COPY D02786 PAGE 34 OF 216 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON -CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR " LIMITS OF INSURANCE " 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE , OFFENSE , CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc. , with its permission . Page 1 of 8 b . The last paragraph of subsection 2. Exclusions is replaced by the following : Exclusions c . through n . do not apply to damage by fire, lightning , explosion , smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance . 2 . Paragraph 6 . under Section 111 — Limits Of Insurance is replaced by the following : 6 . Subject to Paragraph 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 : a. Any one premise : ( 1 ) While rented to you ; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire , lightning , explosion , smoke or leakage from automatic protection systems ; or b . Contents that you rent or lease as part of a premises rental or lease agreement. 3 . As regards coverage provided by this provision D . EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) = Paragraph 9 . a . of Definitions is replaced with the following : 9 . 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 , lightning , explosion , smoke , or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract" . E . MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded , the Medical Payments provided by this policy are amended as follows : Under Paragraph 1 . Insuring Agreement of Section I — Coverage C — Medical Payments , Subparagraph ( b) of Paragraph a. is replaced by the following : ( b) The expenses are incurred and reported within three years of the date of the accident; and F . EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1 . Under Supplementary Payments — Coverages A and B , Paragraph 1 . b. is replaced by the following : b . Up to $3 , 000 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 . 2 . Paragraph 1 .d . is replaced by the following : 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. G . ADDITIONAL INSUREDS - BY CONTRACT , AGREEMENT OR PERMIT 1 . Paragraph 2 . under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for " bodily injury' , " property damage" or "personal and advertising injury" caused in whole or in part by: a . Your acts or omissions , or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the " bodily injury' or " property damage" occurs , or the " personal and advertising injury" is committed , subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc. , with its permission . Page 3 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2 . Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability : This insurance does not apply to: a. " Bodily injury" or " property damage" arising from the sole negligence of the additional insured . b . " Bodily injury" or " property damage" that occurs prior to you commencing operations at the location where such " bodily injury" or " property damage" occurs . c. "Bodily injury" , "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural , engineering or surveying services , including : ( 1 ) The preparing , approving , or failing to prepare or approve , maps , shop drawings , opinions , reports , surveys , field orders , change orders or drawings and specifications ; or (2) Supervisory, inspection , architectural or engineering activities . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision , hiring , employment, training or monitoring of others by that insured , if the " occurrence" which caused the " bodily injury" or " property damage" , or the offense which caused the " personal and advertising injury" , involved the rendering of, or the failure to render, any professional architectural , engineering or surveying services . d . "Bodily injury" or "property damage" occurring after: ( 1 ) All work, including materials , parts or equipment furnished in connection with such work , on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured (s) at the location of the covered operations has been completed ; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS , LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3 . 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 the amount of insurance : a. Required by the contract or agreement ; or b . Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . H . PRIMARY AND NON -CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows : a. The following is added to Paragraph a. Primary Insurance : If an additional insured 's policy has an Other Insurance provision making its policy excess , and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis , this policy shall be primary and we will not seek contribution from the additional insured 's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc. , with its permission . Page 5 of 8 Paragraphs (a) and ( b) above do not apply to " bodily injury" or " personal and advertising injury" caused by an " employee" who is acting in a supervisory capacity for you . Supervisory capacity as used herein means the "employee' s" job responsibilities assigned by you , includes the direct supervision of other "employees" of yours . However, none of these " employees" are insureds for " bodily injury" or " personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause " bodily injury" or " personal and advertising injury or caused in whole or in part by their intoxication by liquor or controlled substances . The coverage provided by provision J . is excess over any other valid and collectable insurance available to your "employee" . K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3 . of Section 11 - Who Is An Insured is replaced by the following : 3 . Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization . However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you ; 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 . d . Records and descriptions of operations must be maintained by the first Named Insured . No person or organization is an insured with respect to the conduct of any current or past partnership , joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision . L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions , the following is added to Condition 6 . Representations : Your failure to disclose all hazards or prior " occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior " occurrences" is not intentional . M . KNOWLEDGE OF OCCURRENCE , OFFENSE , CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions , the following is added to Condition 2 . Duties In The Event of Occurrence, Offense, Claim Or Suit : Knowledge of an "occurrence" , offense , claim or "suit" by an agent, servant or " employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1 . of Section II — Who Is An Insured or a person who has been designated by them to receive reports of " occurrences" , offenses , claims or " suits" shall have received such notice from the agent, servant or "employee" . N . LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state . O . BODILY INJURY REDEFINED Under Section V — Definitions , Definition 3 . is replaced by the following : 3 . " Bodily Injury" means physical injury, sickness or disease sustained by a person . This includes mental anguish , mental injury, shock , fright or death that results from such physical injury, sickness or disease . © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc. , with its permission . Page 7 of 8 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT (S ) - GENERAL AGGREGATE LIMIT ( PER PROJECT) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A . For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A - Bodily Injury And Property Damage Liability , and for all medical expenses caused by accidents under Section I — Coverage C Medical Payments , which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you : 1 . A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2 . The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A , except damages because of " bodily injury" or " property damage" included in the " products-completed operations hazard " , and for medical expenses under Coverage C regardless of the number of: a . Insureds ; b . Claims made or "suits" brought ; or c. Persons or organizations making claims or bringing "suits" . 3 . Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence , Fire Damage and Medical Expense continue to apply . However, instead of being subject to the General Aggregate Limit shown in the Declarations , such limits will be subject to the applicable Construction Project General Aggregate Limit . B . For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A - Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I — Coverage C Medical Payments , which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you : 1 . Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2 . Such payments shall not reduce any Construction Project General Aggregate Limit. C . When coverage for liability arising out of the " products-completed operations hazard" is provided , any payments for damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard " will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D . If the applicable construction project has been abandoned , delayed , or abandoned and then restarted , or if the authorized contracting parties deviate from plans , blueprints , designs , specifications or timetables , the project will still be deemed to be the same construction project . E . The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc. , with its permission . Page 1 of 1 '0 Coverage Is Provided In: Policy Number: =1, American Fire and Casualty Company BAA (16) 55 66 7123 Policy Period : INSURANCE From 09/27/2015 To 09/27/2016 Common Policy Declarations 12: 01 am Standard Time at Insured Mailing Location Named Insured Agent MCDONOUGH & SONS INC (425) 291 -5200 BELL-ANDERSON AGENCY INC POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE AC 00 31 01 14 Changes in Your Policy CA 00 01 03 06 Business Auto Coverage Form CA 01 35 0108 Washington Changes CA 21 34 0108 Washington Underinsured Motorists Coverage CA 23 93 01 06 Washington Exclusion of Terrorism Involving Nuclear, Biological or Chemical Terrorism CA 85 47 12 93 Temporary Substitute Auto - Physical Damage Insurance CA 85 53 12 93 Recreational Trailers and Boat Trailers CA 88 10 01 10 Business Auto Coverage Enhancement Endorsement CA 99 03 03 06 Auto Medical Payments Coverage CA 99 89 05 01 Washington Loss Payable Form Reg-335 IL 01 23 11 13 Washington Changes - Defense Costs IL 01 46 08 10 Washington Common Policy Conditions IL 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) 4 In witness whereof, we have caused this policy to be signed by our authorized officers . Dexter Legg Paul Condrin Secretary President To report a claim, call your Agent or 1-800-3624000 DS 70 21 01 08 09/24/15 55867123 N0108465 235 NCAOPPNO INSURED COPY 002768 PAGE 8 OF 88 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO , VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE — BROADENED COVERAGE 10 GLASS REPAIR — WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE — ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION If — LIABILITY COVERAGE is amended as follows : 1 . BROAD FORM INSURED SECTION II — LIABILITY COVERAGE , paragraph A . I . —WHO IS AN INSURED is amended to include the following as an insured : d . Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, " insured " does not include any organization that: ( 1 ) Is a partnership orjoint venture ; or (2) Is an insured under any other automobile policy; or (3 ) Has exhausted its Limit of Insurance under any other automobile policy . Paragraph d . (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e . Any organization you newly acquire or form , other than a partnership or joint venture, of which you own more than 50 percent of the voting stock . This automatic coverage is afforded only for 180 days from the date of acquisition or formation . However, coverage under this provision does not apply : ( 1 ) If there is similar insurance or a self-insured retention plan available to that organization ; ©2010 Liberty Mutual Insurance Company. All rights reserved . CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission . Pagel of 7 b . Your "employee" hires or rents under a written contract or agreement in that " employee's" name , but only if the damage occurs while the vehicle is being used in the conduct of your business , subject to the following limit and deductible : A . The most we will pay for " loss" in any one " accident" or " loss" is the smallest of: ( 1 ) $50 , 000 ; or (2) The actual cash value of the damaged or stolen property as of the time of the " loss" ; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality , minus a deductible . Be The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage . C . Subject to the limit, deductible and excess provisions described in this provision , we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own . D. Subject to a maximum of $750 per " accident" , we will also cover the actual loss of use of the hired " auto" if it results from an "accident" , you are legally liable and the lessor incurs an actual financial loss . E . This coverage extension does not apply to : ( 1 ) Any " auto" that is hired , rented or borrowed with a driver; or (2) Any " auto" that is hired , rented or borrowed from your " employee" . For the purposes of this provision , SECTION V — DEFINITIONS is amended by adding the following : "Total loss" means a " loss" in which the cost of repairs plus the salvage value exceeds the actual cash value . 7 . TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE , paragraph A.2 . Towing , is amended by the addition of the following : We will pay towing and labor costs incurred , up to the limits shown below, each time a covered " auto" classified and rated as a private passenger type , " light truck" or " medium truck" is disabled : a . For private passenger type vehicles , we will pay up to $50 per disablement. b . For " light trucks" , we will pay up to $ 50 per disablement. " Light trucks" are trucks that have a gross vehicle weight (GVW) of 10 , 000 pounds or less . c. For " medium trucks" , we will pay up to $ 150 per disablement. " Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10 , 001 — 20 , 000 pounds . However, the labor must be performed at the place of disablement. 8 . PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA . a . , Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE , is amended to provide a limit of $ 50 per day and a maximum limit of $ 1 , 500 ©2010 Liberty Mutual Insurance Company. All rights reserved . CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission . Page 3 of 7 Exclusion 4. c . and 4.d . do not apply to : a. Electronic equipment that receives or transmits audio , visual or data signals , whether or not designed solely for the reproduction of sound , if the equipment is permanently installed in the covered " auto" at the time of the " loss" and such equipment is designed to be solely operated by use of the power from the Itauto' s]I electrical system , in or upon the covered " auto" and physical damage coverages are provided for the covered " auto" ; or If the " loss" occurs solely to audio , visual or data electronic equipment or accessories used with this equipment , then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $ 100 deductible. 14. LOAN / LEASE GAP COVERAGE A . Paragraph C . , LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following : The most we will pay for a "total loss" to a covered " auto" owned by or leased to you in any one " accident" is the greater of the : 1 . Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the " loss" less the amount of: a . Overdue payments and financial penalties associated with those payments as of the date of the " loss" , b . Financial penalties imposed under a lease due to high mileage , excessive use or abnormal wear and tear, c . Costs for extended warranties , Credit Life Insurance , Health , Accident or Disability Insurance purchased with the loan or lease , d . Transfer or rollover balances from previous loans or leases , e . Final payment due under a " Balloon Loan " , of. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered " auto" , g . Security deposits not refunded by a lessor, h . All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto" , I . Any amount representing taxes , j . Loan or lease termination fees ; or 2 . The actual cash value of the damage or stolen property as of the time of the " loss" . An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the " loss" . This adjustment is not applicable in Texas . B . ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral , or lease written on the covered " auto" that incurred the loss . Co SECTION V — DEFINTIONS is changed by adding the following : As used in this endorsement provision , the following definitions apply: "Total loss" means a " loss" in which the cost of repairs plus the salvage value exceeds the actual cash value . A " balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan , thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company. All rights reserved . CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission . Page 5 of 7 20 . HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS , paragraph B . 7 . , Policy Period , Coverage Territory , is amended by the addition of the following : f. For " autos" hired 30 days or less , the coverage territory is anywhere in the world , provided that the insured 's responsibility to pay for damages is determined in a " suit" , on the merits , in the United States , the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to . This extension of coverage does not apply to an "auto" hired , leased , rented or borrowed with a driver. SECTION V — DEFINITIONS is amended as follows . 21 . BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS , definition C . is replaced by the following : " Bodily injury" means physical injury , sickness or disease sustained by a person , including mental anguish , mental injury , shock, fright or death resulting from any of these at any time . COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS , paragraph A .— CANCELLATION condition applies except as follows : If we cancel for any reason other than nonpayment of premium , we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation . This provision does not apply in those states which require more than 60 days prior notice of cancellation . ©2010 Liberty Mutual Insurance Company. All rights reserved . CA 88 10 01 10 Includes copyrighted material of Insurance Services Office , with its permission . Page 7 of 7 Coverage Is Provided In : Policy Number: Liberty The Ohio Casualty Insurance Company USD (16) 55 66 7123 MLItLId�,. INSURANCE POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements for your policy. Refer to these documenk as needed for detailed information concerning your coverage. FORM NUMBER TITLE CU 60 02 06 97 Commercial Umbrella Coverage Form CU 60 39 01 15 Cap On Losses From Certified Acts Of Terrorism CU 60 40 01 15 Underlying Coverage Requirement For Certified Acts Of Terrorism N CU 61 06 01 13 Auto Liability - Following Form CU 61 50 07 14 Contractors Limitation Endorsement CU 61 90 08 10 Washington Changes - Cancellation and Nomenewal CU 63 44 06 97 Foreign Liability - Following Form N CU 64 00 12 04 Exterior Insulation and Finish System - Exclusion CU 64 30 12 04 Washington - Fungi or Bacteria Exclusion CU 64 32 03 99 Washington Asbestos Exclusion CU 64 79 05 09 Exclusion - Recording and Distribution of Material or Information in Violation of the Law CU 64 82 07 14 Amendment - Electronic Data CU 64 87 10 05 Economic or Trade Sanctions Condition Endorsement CU 64 92 01 13 Mobile Equipment - Following Form CU 64 95 12 07 Waiver Transfer Rights of Recovery Against Others CU 65 08 01 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism CU 88 01 12 02 War Liability Exclusion CU 88 02 05 09 Non-Cumulation of Liability (Same Occurrence) CU 88 27 12 07 Washington Employment Related Practices Exclusion CU 88 30 07 14 General Amendatory Endorsement CU 88 39 07 14 Amendment of Definition of Insured CU 88 41 02 10 Amendment of Pollution Exclusion CU 89 19 01 13 Amendment of Watercraft Exclusion CU 89 21 01 13 Amendment of Aircraft Exclusion CU 89 45 10 14 Access or Disclosure Of Confidential Or Personal Information And Data-Related - Liability with Limited Bodily Injury Exception Exclusion N In witness whereof, we have caused this policy to be signed by our authorized officers . �� • Dexter Legg Paul Condrin Secretary President To report a claim, call your Agent or 1400-362-0000 DS 70 23 01 08 09/24/15 55667123 N0108465 235 NCAOPPNO INSURED COPY 002767 PAGE 21 OF 68 CU 60 02 06 97 COMMERCIAL UMBRELLA COVERAGE FORM There are provisions in this policy that restrict Insuring Agreement, V. DEFINITIONS . Words and coverage . Read the entire policy carefully to deter- phrases that appear in quotation marks have spew mine rights , duties and what is and is not cov- cial meaning and can be found in the DEFINITION eyed . Section or the specific policy provision where they appear. Throughout this policy, the words "you" and "your" refer to the Named Insured as defined in Insuring Agreement, V. DEFINITIONS . The words In consideration of the payment of the premium we , "us" and "our" refer to the Company pro- and in reliance upon the statements in the Dec- viding this insurance . The word " Insured" means larations we agree with you to provide coverage any person or organization qualifying as such in as follows : INSURING AGREEMENTS N I . COVERAGE B . The General Aggregate Limit is the most We will pay on behalf of the " Insured " those we will pay for all damages covered under sums in excess of the " Retained Limit" that the Insuring Agreement in Section 1 ., ex- N the " Insured " becomes legally obligated to cept: pay by reason of liability imposed by law or 1s damages included in the "products- assumed by the " Insured " under an " insured completed operations hazard"; and contract" because of "bodily injury, " " property damage , " "personal injury , " or "advertising 2s coverages included in the policies list- injury" that takes place during the Policy Pe- ed in the Schedule of Underlying Insur- riod and is caused by an "occurrence" hap- ance to which no underlying aggregate pening anywhere . The amount we will pay for limit applies . damages is limited as described below in the Insuring Agreement Section 11 . LIMITS OF IN - The amount stated on the Declarations as SURANCE . the General Aggregate Limit is the most we will pay for all damages arising out of II . LIMITS OF INSURANCE any "bodily injury, " "property damage , " "personal injury, " or "advertising injury" A. The Limits of Insurance shown in Item 4. subject to an aggregate limit in the "un- 46 of the Declarations and the rules below derlying insurance . " The General Aggre- state the most we will pay regardless of gate Limit applies separately and in the the number of: same manner as the aggregate limits in the "underlying insurance . " " 1 . " Insureds'; C. The Products=Completed Operations Agw 2 . If made or "suits" brought; or gregate Limit is the most we will pay for all damages included in the "products- 3 . persons or organizations making completed operations hazard . " if claims or bringing suits . D . Subject to B . or C . in Section II , LIMITS OF INSURANCE, whichever applies , the Each Occurrence Limit is the most we will pay for " bodily injury, " " property damage , " CU 60 02 06 97 (Page 1 of 15 ) i 3 . We will pay the following as expenses , "claim " or "suit" against the " Insured . " to the extent that they are not included We will , however, have the right and will in the coverage in the underlying poll- be given the opportunity to participate in cies listed in the Schedule of Under- the settlement, defense and trial of any lying Insurance or in any other insu- "claim " or "suit" relative to any "occur- ance providing coverage to the " In- rence" which , in our opinion , may create sured " : liability on our part under the terms of this policy. If we exercise such right, we will a . premiums on bonds to release at- do so at our own expense . tachments , which bond amounts will not exceed our Limits of In - IV. EXCLUSIONS surance, but we are not obligated to apply for or furnish any such This insurance does not apply to : bond ; A. " Bodily injury" or "property damage" ex- b . premiums on appeal bonds , pected or intended from the standpoint of which bond amounts will not ex- the " Insured . " This exclusion does not ap- ceed our policy limits , required by ply to "bodily injury" resulting from the law to appeal any "claim " or use of reasonable force to protect persons "suit" we defend , but we are not or property. obligated to apply for or furnish any such bond ; B . Any obligation of the " Insured " under a Workers Compensation , Unemployment cc all costs taxed against the " In- Compensation or Disability Benefits Law, sured " in any "claim" or "suit" or under any similar law, regulation or we defend ; ordinance . do prejudgment interest awarded C . Any obligation of the " Insured" under the against the " Insured " on that part Employee Retirement Income Security Act of the judgment we pay that is of 1974 or any amendments to that act, or within our applicable Limits of In- under any similar law, regulation or ordk surance . If we make an offer to nance . pay the applicable Limits of Insur- ance , we will not pay any pre- D . Any obligation of the " Insured " under a judgment interest based on the No Fault, Uninsured Motorist or Underin- period of time after the offer; sured Motorist law, or under any similar law , regulation or ordinance . ex all interest that accrues after entry of judgment and before we have E. " Property damage " to "impaired property" paid , offered to pay or deposited or property that has not been physically in court the part of the judgment injured , arising out of: that is within our applicable Limit of Insurance ; 1n a defect, deficiency, inadequacy or 46 dangerous condition in "your product" f. the " Insured 's" actual and reason- or "your work'; or able expenses incurred at our re- quest. 2z a delay or failure by you or anyone acting on your behalf to perform a con- C . We will not investigate any "claim" or de- tract or agreement in accordance with fend any "suit" after our applicable Limits its terms . of Insurance have been exhausted by pay- ment of judgments or settlements . This exclusion does not apply to the loss of use of other property arising out of D . In all other instances except Subsection A. sudden and accidental physical injury to in Section 111 . DEFENSE , we will not be "your product" or "your work" after it has obligated to assume charge of the inves- been put to its intended use . tigation , settlement or defense of any CU 60 02 06 97 3 of 15 (Page ) As used in this exclusion " pollutants" 3 , coercion , demotion , evaluation , reas- means any solid , liquid , gaseous , or ther. signment, discipline , defamation , ha- mal irritant or contaminant, including , but rassment, molestation , humiliation , not limited to smoke , vapor, soot, fumes , discrimination or other employment re- acids , alkalis , chemicals and waste ma- lated practices , policies , acts or omis- terial . Waste material includes materials sions ; or which are intended to be or have been recycled , reconditioned or reclaimed . 4. consequential " bodily injury, " "proper- ty damage , " " personal injury" or "ad- M . " Bodily injury" or " property damage" due vertising injury" as a result of 0 . 1 . to war, whether or not declared , or any act through 0 .3 . or condition incident to war. War includes civil war, insurrection , rebellion or revolu- This exclusion applies whether the oil n- tion . This exclusion applies only to liability sured" may be held liable as an employer wwwwwwwww assumed under a contract or agreement. or in any other capacity and to any obliga- tion to share damages with or to repay N . Any liability, including , but not limited to someone else who must pay damages be- settlements , judgments , costs , charges , ex- cause of " bodily injury, " " property dam- penses , costs of investigations , or the fees age , " " personal injury" or "advertising in- mmmmwwwwww wwwwwwwwwof attorneys , experts , or consultants aris- jurywwwwwwwwwo . " nwwwwwwwww ing out of or related in any way, either directly or indirectly, to : P . " Bodily injury, " "property damage , " " per- sonal injury" or "advertising injury" ex- 1 . asbestos , asbestos products , asbestos- cluded by the Nuclear Energy Liability Ex- containing materials or products , as- clusion attached to this Policy, bestos fibers or asbestos dust, includ - ing , but not limited to , manufacture , Q. The following Items 1 . through 4 . , except mining , use , sale , installation , removal , to the extent that such insurance is pro- or distribution activities ; vided by a policy listed in the Schedule of Underlying Insurance , and for no broader 2s exposure to testing for, monitoring of, coverage than is provided by such policy: cleaning up , removing , containing or treating of asbestos , asbestos pro- In Liability of any employee with respect ducts , asbestos-containing materials or to "bodily injury, " "property damage , " products , asbestos fibers or asbestos "personal injury" or "advertising In - dust; or jury" to you or to another employee of the same employer injured in the 3x any obligation to investigate , settle or course of such employment. defend , or indemnify any person against any "claim " or "suit" arising 2 . " Bodily injury" or "property damage" out of, or related in any way, either arising out of the ownership , mainten- directly or indirectly, to asbestos, as- ance , operation , use, "loading" or "un - bestos products, asbestos-containing loading" of any watercraft, if such ° materials or products , asbestos fibers watercraft is owned , or chartered with- or asbestos dust. out crew, by or on behalf of any " In - sured . " This exclusion will not apply to 0. " Bodily injury , " " property damage, " "per- watercraft while ashore on any prem- sonal injury" or "advertising injury" aris- ises owned by, rented to , or controlled ing out of any: by you . 1 . refusal to employ or promote ; 3 . " Bodily injury" or "property damage" arising out of the ownership , mainten- 2 . termination of employment; ance , operation , use, "loading" or "un - loading" of any aircraft, if such aircraft is owned , or hired without pilot or crew, by or on behalf of any " Insured . " CU 60 02 06 97 ( Page 5 of 15 ) ( 1 ) coverage under this provk " unloading" of any "autos , " aircraft or sion is afforded only until the watercraft unless such coverage is in- 90th day after you acquire or cluded under the policies listed in the form the organization or the Schedule of Underlying Insurance and end of the policy period , for no broader coverage than is pro- whichever is earlier; vided under such underlying policies . (2) coverage does not apply to Employees include "leased workers" " bodily injury, " "property but not "temporary workers . " " Leased damage, " " personal injury" workers" are leased to you by a labor or "advertising injury" that leasing firm under an agreement be- occurred before you acquired tween you and the labor leasing firm or formed the organization ; to perform related duties to the con- and duct of your business . " Leased work- "temporary workers. " (3) coverage applies only if the ers" are not Temporary workers are persons fur- organization is included un - nished to you to substitute for perma- der the coverage provided by nent employees on leave or to meet the policies listed in the seasonal or short-term workload condi- Schedule of Underlying In - tions . surance and then for no broaden coverage than is 7. Any person , other than one of your provided under such under- employees , or organization while act- lying policies . ing as your real estate manager. 2 . If you are an individual , you and your 8 . Any person (other than your partners, spouse , but only with respect to the executive officers , directors , stockhok conduct of a business of which you are ders or employees) or organizations the sole owner as of the effective date with respect to any "auto" owned by of this policy. you , loaned to you or hired by you or on your behalf and used with your per 3 . If you are a partnership or joint ven- mission . ture , the partners or members and their spouses but only as respects the However, the coverage granted by this conduct of your business . Provision 8 . does not apply to any per- son using an "auto" while working in a 4. If you are a limited liability company, business that sells , services , repairs or the members or managers but only as parks "autos" unless you are in that respects the conduct of your business . business . 5 . Any person or organization , other than 9 . No person or organization is an " In- the Named Insured , included as an ad- sured" with respect to the conduct of ditional " Insured " by virtue of an "in- any current or past partnership or joint 45 sured contract, " and to which coverage venture that is not shown as a Named is provided by the " underlying is Insured in the Declarations . ance , " and for no broader coverage than is provided by the " underlying G . " Insured contract" means any oral or writ- N insurance" to such additional " In- ten contract or agreement entered into by sured . " you and pertaining to your business under 6i- which you assume the "tort liability" of . Any of your partners , executive off another party to pay for bodily injury or cers , directors , or employees but only "property damage" to a third person or while acting within the scope of their organization , provided that the "bodily in- duties . jury" or " property damage" occurs subse- However, the coverage granted by this quent to the execution of the contract or Provision 6 . does not apply to the own- ership , maintenance , use , "loading" or CU 60 02 06 97 (Page 7 of 15 ) frequency or repetition thereof, the b. work that has not yet been comm number and kind of media used and pleted or abandoned . the number of claimants ; 2 . "Your work" will be deemed complet- 3 . as respects "advertising injury, " an of- ed at the earliest of the following fense committed in the course of ad- times : vertising your goods , products and ser- vices that results in "advertising in- a . When all of the work called for in jury. " All damages that arise from the your contract has been complet- same or related injurious material or ed . acts will be considered as arising out b. When all of the work to be done of one "occurrence, " regardless of the at the site has been completed if frequency or repetition thereof, the your contract calls for work at number and kind of media used and the number of claimants . more than one site . K. " Personal injury" means injury other than c. When that part of the work done "bodily injury" or "advertising injury" aris- at a job site has been put to its ing out of one or more of the following intended use by any person or or- offenses during the policy period : ganization other than another con- tractor or subcontractor working 1 . false arrest, detention or imprison- on the same project. ment; Work that may need service , mainten- 2 . malicious prosecution ; ance , correction , repair or replacement, but which is otherwise complete , will 3m the wrongful eviction from , wrongful be treated as completed . entry into , or invasion of the right of private occupancy of a room , dwelling 3 . This of prod operations or premises that a person occupies by hazard " does not include "bodily in- or on behalf of its owner, landlord or jury" or " property damage" arising out lessor; of: 4w oral , written , televised , videotaped , or az the transportation of property, un- electronic publication of material that less the injury or damage arises slanders or libels a person or organiza- out of a condition in or on a ve- tion or disparages a person 's or or- unloading " created by the " loading" or l ganization 's goods, products or ser- "unloading " of it; vices ; bw the existence of tools , uninstalled 5a oral , written , televised , videotaped , or equipment or abandoned or un- electronic publication of material that used materials . violates a person's right of privacy; or M . " Property damage" means : 6w mental injury, mental anguish , humili- 1 . physical injury to tangible property, in- ation , or shock, if directly resulting cluding all resulting loss of use of that M from Items K. I . through 5. property. All such loss of use will be L . 1 . " Products-completed operations haz- deemed to occur at the time of the ard " means all " bodily injury" and physical injury that caused it; or " property damage" from an "occur- 2 . loss of use of tangible property that is rence" taking place away from prem- not physically injured . All such loss ises you own or rent and arising out of will be deemed to occur at the time of your product" or "your work" except: the "occurrence" that caused it. a. products that are still in your N . "Suit" means a civil proceeding which physical possession ; or seeks monetary damages because of " bod- ily injury , " " property damage , " " perm CU 60 02 06 97 ( Page 9 of 15 ) D . Cancellation cellation and the receipt of any refund 1 . You may cancel this policy . You must that may become payable under thispolicy. mail or deliver advance written notice to us stating when the cancellation is 8 . Any of these provisions that conflict to take effect. with a law that controls the cancella- tion of the insurance in this policy is 2 . We may cancel this policy. If we cancel changed by this statement to comply because of nonpayment of premium , with the law. we must mail or deliver to you not less than ten ( 10 ) days advance written no- E . Changes tice stating when the cancellation is to take effect. If we cancel for any other Notice to any agent or knowledge pos- reason , we must mail or deliver to you sessed by any agent or any other person not less than thirty (30) days advance will not effect a waiver or a change in any written notice stating when the can- part of this policy. This policy can only be cellation is to take effect. Mailing that changed by a written endorsement that notice to you at your mailing address becomes a part of this policy and that is shown in Item 1 . of the Declarations signed by one of our authorized repre- will be sufficient to prove notice . sentatives . 3 . The policy period will end on the day F . Duties in The Event of An Occurrence, and hour stated in the cancellation no- Claim Or Suit tice . 1 . You must see to it that we are notified 4. If we cancel , final premium will be cal- as soon as practicable of an "occur- culated pro rata based on the time this rence" which may result in a "claim" policy was in force . Final premium will or "suit" under this policy. To the ex- not be less than the Minimum Pre- tent possible , notice will include : mium as shown in Item 3 . of the Dec- larations . a. how, when and where the "occur- rence" took place ; 5 . If you cancel , final premium will be more than pro rata ; it will be based on ba the names and addresses of any the time this policy was in force and injured person and witnesses ; increased by our short rate cancellation table and procedure . Final premium c. the nature and location of any in- will not be less than the Minimum Pre- jury or damage arising out of the mium as shown in Item 3 . of the Dec- "occurrence . " larations. 2 . If a "claim " or "suit" against any " In- 6 . Premium adjustment may be made at sured" is reasonably likely to involve the time of cancellation or as soon as this policy you must notify us in writ- practicable thereafter but the cancella- Ing as soon as practicable . tion will be effective even if we have 3 . You and any other involved " Insured " not made or offered any refund due must: M you . Our check or our representative's check, mailed or delivered , will be suf- a. immediately send us copies of ficient tender of any refund due you . any demands , notices , summons- 7. The first Named Insured in Item 1 . of es or legal papers received in con- necti the Declarations will act on behalf of ; n with the "claim" or suiv all other " Insured 's" with respect to "suit" ; the giving and receiving of notice of bm authorize us to obtain records and can- other information ; CU 60 02 06 97 (Page 11 of 15 ) ment, the actual exposure basis will be Expenses incurred in the exercise of rights used to compute the earned premium . If of recovery will be apportioned between the earned premium is greater than the the interests , including the " Insured , " in Advance Premium , you will promptly pay the ratio of their respective recoveries as us the difference . If the earned premium is finally settled . less than the Advance Premium , we will return the difference to you . But in any N . Terms Conformed to Statute event we will retain the Minimum Pre- The terms of this Policy which are in con- mium as shown in Item 3 . of the Declara - flirt with the statutes of the state where tions for each twelve months of our policy this Policy is issued are amended to con- period . form to such statutes . L . Separation of Insureds If we are prevented by law or statute from Except with respect to our Limits of Insur- paying on behalf of an " Insured , " then we ance and any rights or duties specifically will , where permitted by law or statute , assigned to the first Named Insured des- indemnify the " Insured " for those sums in ignated in Item 1 . of the Declarations , this excess of the "retained limit. " insurance applies : O . Transfer of Your Rights And Duties s 1 . as if each Named Insured were the Your rights and duties under this policy only Named Insured ; and may not be transferred without our written 2w separately to each " Insured " against consent. whom "claim" is made or "suit" If you die or are legally declared bankrupt, brought. your rights and duties will be transferred M . Transfer of Rights of Recovery Against to your legal representative but only while Others to Us acting within the scope of duties as your legal representative. However, notice of If any " Insured " has rights to recover all or cancellation sent to the first Named In - part of any payment we have made under sured designated in Item 1 . of the Declara- this policy, those rights are transferred to tions and mailed to the address shown in us . The " Insured" must do nothing after this policy will be sufficient notice to effect loss to impair those rights and must help cancellation of this policy. us enforce them . P. When Loss Is Payable Any recoveries will be applied as follows : Coverage under this policy will not apply 1m any interests , including the " Insured , " unless and until any " Insured " or an " In- that have paid an amount in excess of sured's" underlying insurer is obligated to our payment under this policy will be pay the "retained limit. " reimbursed first;46 When the amount of loss has finally been 2a we then will be reimbursed up to the determined , we will promptly pay on be- amount we have paid ; and half of the " Insured " the amount of loss falling within the terms of this policy. m 3a lastly, any interests , including the " In- sured , " over which our insurance is You will promptly reimburse us for any excess, are entitled to claim the resk amount within the Self- Insured Retention due . advanced by us at our discretion on behalf of any " Insured . " i CU 60 02 06 97 (Page 13 of 15) e . " Nuclear reactor" means any apparatus g . "Source material , " "special nuclear mate- designed or used to sustain nuclear fission rial , " and " by- product material " have the in a self-supporting chain reaction or to meanings given them in the Atomic En - contain a critical mass of fissionable ma- ergy Act of 1954 or in any law amendatory terial . thereof. f. " Nuclear waste" means any nuclear waste h . "Spent fuel " means any fuel element or material (a) containing "by-product mate- fuel component, solid or liquid , which has rial " other than the tailings of nuclear been used or exposed to radiation in a waste produced by the extraction or con- "nuclear reactor. " centration of uranium or thorium from any ore processed primarily for its "source ma- This endorsement does not change any other pro- terial " content, and ( b) resulting from the vision of the policyff operation by any person or organization of any " nuclear facility" included within the definition of "nuclear facility" under Para- graph 3 .b .i . or 3 .b . ii . In Witness Whereof, we have caused this policy to be executed and attested , but this policy will not be valid unless countersigned by one of our duly authorized representatives , where required by law. 0 r CU 60 02 06 97 (Page 15 of 15) EXHIBIT E MAP OF DECANT SITES CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 24 of 25 Its I . Inn I � tr j stillIts y J c z d o - - ��• { �,1 a IN ea u w ❑ m mar � .. � .� — —ii ( nini � } I � •J CO nyl I if filllin { - , ' rn� if in � ; . t � If rlift — I I � C, tC, ¢k fill nil nflf[f lllnno5 K n I on Al tillfill � " 1 _ - .. _. . . "4 . 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IF IN — — — 2 I VI i ) i ' 4 �� I `f IT I � , . , . _ I . . AN NI" FAA 1 a A AN I 1 t ,aa##} I I 2 3 �VIA . 1_ dA `I tSJ. 1 ,.� ..I At L,_.. IFILIAL I $ IN ¢ I FAA FFA VAN AC I � - � I I , I : - � , It - w { il , 1 1 I i 11 IF A f . _ . - f a� @ 1 4 Al AtI � IN it K'All r.._lj '� A AN VAN . 1 _ I ._ 1 • 17 1 1 NAFF, INI^ I I } t w ti , . _ I. A At _ .� � .. ., I ' i F �,� 1 f 1 itt All All w I �` � ' ,At l All j � I Y � � i s . 1 I � _ I f ATrFVAF -III ...AL I I _ t _�3 t 4.k , tIF A FAA 1 AN It I %V III IAN Fall 0 l Air VAN j ! i ( ]III AN VAN IN IF VAN ` lANN P d f ,_. { N Air I VAN EXHIBIT F BOND FORM CONTRACT FOR STREET SWEEPING 2016 April 28 , 2016 Page 25 of 25 PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KENTT WAS Nl N GTON Bond No . 382177P Street Sweeping Service Contract 2016 KNOW ALL MEN BY THESE PRESENTS . That we , the undersigned , McDonough & Sons , Inc. as Principal , and Developers Surety and Indemnity CompanyIowa a Corporation organized and existing under the laws of the State of V&XkXYg= , as a Surety Corporation , and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations , as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ 501000 . 00--- , for the payment of which sum on demand we bind ourselves and our successors , heirs , administrators or personal representatives , as the case may be . This obligation is entered into in pursuance of the statutes of the State of Washington , and the Codes and Ordinances of the CITY OF KENT . Nevertheless , the conditions of the above obligation are such that . WHEREAS , under and pursuant to a motion , duly made , seconded and passed by the City Council of the City of Kent, King County, Washington , the Mayor of the City of Kent has let or is about to let to the above bounden Principal , a certain contract, the said contract providing for street sweeping ( which contract is referred to herein and is made a part hereof as though attached hereto ) , and WHEREAS , the Principal has accepted , or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth . NOW , THEREFORE , if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth , or within such extensions of time as may be granted under the said contract, and shall pay all laborers , mechanics , subcontractors and material men , and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract, ` then and in that event this obligation shall be void ; but otherwise it shall be and remain in full force and effect . IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals . The name and corporate seal ( if required by law ) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body . POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Kristin Jackson, Kelly Stiling , Jennifer D . Lutz, Kori White, Josh Wright, Ramona Scott, Andrew R . Hoven, James G . Hunt, Carmen Meyers , Karen L . Padilla , jointly or severally*** as their true and lawful Attorney(s)win-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008, RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015, 1 „. V AND /N � � ............. ..... 4AN Y By: O'L� 0 v OF , GOM PO �F J Pp � Daniel Young, Senior Vice-President 5 „ a� R9�F -?�2 =; �y VOP � ' OCT. w - 10 = c� ' g OCT. 5 TO o - ' 0 1 9 3 6 ; 0 = W 1967 By: � = o z Mark Lansdon , Vice-President , � �•............................. � .. '- FOP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy, or validity of that document. State of California County of Orange On January 29, 2015 before me, Lucille Raymond Notary Public Date Here Insert Name and Tilie of the Officer personally appeared Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. .50 Commission # 2001945 Z . ti Notary Public • California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is z Orange County true and correct. M Comm. Lxplres Oct 13s 2018 WITNESS my hand and official seal. Place Notary Seal Above Signature gcv;A Lucill Vybond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 18th day of May 2016 . By: Cassie J. rrisford, Assistant Se tary 1 ID-1380(Rev01 /15) PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 KEN T Fax: 253-856-6500 WASH ING TO N Phone: 253-856-5500 LETTER OF TRANSMITTAL DATE: June 6, 2019 TO: Pam Meitmann McDonough and Sons, Inc. PO Box 461 Ravensdale, WA 98051-0461 RE: Street Sweeping Services Copies Description 1 original First Amendment Enclosed is your executed copy of the first amendment for the above referenced project. Please note that invoices should be emailed to accountspayable@kentwa.gov. If you should have any questions, please contact me. Copies to: Nancy Yoshitake Bill Thomas Public Works Engineering 220 4t" Ave. S. Kent, Washington 98032 Phone: 253-856-5508 Fax: 253-856-6500 Email: NYoshitake@KentWa.gov I a Please Complete all of the information below and attach a copy of your scope of work and/or bids, If a field is not applicable, please indicate. Call Nancy at 5508 with any questions. REQUEST FOR: J ❑ CONTRACT ® AMENDMENT ❑ CHANGE ORDER II NO. 1 NO. ❑ Consultant Services Agreement(provide specialized expertise or advice) ❑ Professional Services Agreement(attorney,real property appraiser,surveyor) ®Goods&Services Agreement* (provide goods,goods&service,or a service other than consulting or professional nature) ❑ Public Works Agreement(if contract is less than$65,000,select an option below)* (provide work,construction,alteration,repair,or improvement to public facilities,other than ordinary maintenance) ❑Public Works Agreement(Bond) ❑ Public Works Agreement(15% Holdback) * For Goods&Services and Public Works Agreements, you will need to solicit at least three(3) bids. Once obtained, prepare a merno outlining Ole selection process and attach a copy of the rnerno and bids to the I request. Contract Manager: Bill Thomas Project: Street Sweeping Services-Option Year One Project Number: Project Account Number: 44005590.6410,7420 Vendor Number(Paul Scott will Pill-in #): 4013 Name of Consultant/Contractor/Vendor: McDonough and Sons, Inc. Contact Person: Pam Meltmann Complete Address: PO Box 461 I' (Including City,State,Zip Code)) Ravensdale,WA 98051-0461 EE S Phone: 425-432-1054 SSS! Fa x: Email: Pam@msisweep.com Contract Completion Date: June 30, 2020 Contract Amount(Including sales tax): i Amendment/Change Order Amount: $141sclo per "`-I ` Amount Remaining: $ I I E Total (Contract+Amendment/Change Order): $ Time extension only: It i `i For time extensions, provide an explanation why the extension is necessary. I i SOQ on file(only for engineering services): Yes ❑ No ❑ N/A Selection Herno attached: Yes ❑ No ❑ N/A ® (amendment/change order) PW Committee ((ryes,answer questions below) Yes ❑ Information Only ❑ No Anticipated Meeting Date: Notified Nancy&prepared Action Page Yes ❑ No Are you preparing a presentation? Yes ❑ No Scan a copy of documents to Nancy for contract preparation (originals are not necessary). Circulate for approval: Contract Manager: Dave Brock: / f� Initial&date Initial&date Supervisor; Paul Scott: *In-h vl �� Initial&date date Manager: �. It �� � Tim LaPorte: /Z�/'� lni will a date. Initial&date P:\Puql;c\Administeatlln\Clgl'cCS\RequesL for C-trod(Operat—s$10k+)-d,, May 16,2M i { The City of Kent would like to exercise its option to renew the street sweeping agreement for an additional one-year term covering the time of July 1, 2019 through June 30, 2020, I We recognize that McDonough &Sons has performed well this past year and has met all the terms and conditions outlined in the 2016-2019 'I Street Sweeping Service Agreement. Based on their performance of this service, we would like to exercise the first option year allowable in this agreement. Attached you will find the"First Amendment to the Street Sweeping Service Contract"written by our Legal group. We are looking forward to another successful year working with McDonough &Sons, Inc. in the future. f FIRST AMENDMENT TO STREET SWEEPING SERVICE CONTRACT 2016 BETWEEN THE CITY OF KENT AND MCDONOUGH AND SONS, INC. THIS FIRST AMENDMENT is entered into on the date fully executed below by and between the CITY OF KENT, a Washington municipal corporation ("CITY") and MCDONOUGH AND SONS, INC., a Washington corporation ("CONTRACTOR"). RECITALS A. The CONTRACTOR and CITY entered into the Street Sweeping Service Contract 2016 ("Contract"), commencing on July 1, 2016 and expiring on June 30, 2019. B. Section 3.1 of the Contract provides for up to two one-year service contract extensions. The City and Contractor desire to extend the term of the contract for the first extension term of one year, commencing on July 1, 2019 and expiring on June 30, 2020. NOW THEREFORE, the City and Contractor agree as follows: 1. The Contract is extended for one year, commencing on July 1, 2019 and expiring on June 30, 2020. 2. Except as specifically modified by this First Amendment, all other terms, conditions or provisions set forth in the Contract shall remain in full force and effect. I IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CITY: CONTRACTOR: CITY OF KENT MCDONOUGH AND SONS, INC. Name: Dana Ralph Name: �n Title: Mayor Title: t� _ Date: Date: I r APPROVED AS TO FORM: Kent City Attorney's Office AVES --Crk CERTIFICATE OF LIABILITY INSURANCE 76/3/2019 (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIN CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pokicy(ics)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsers llt(s). PRODUCER COUTACT NAME:- Linda Minami, CPCU, ARM Bell Anderson Agency, Inc. Pi IONN. (425)291-5200 E�AXC Na: E9asI2vL-s1o0 600 SW 39th St, Suite 200 -SS, lindam@bell-anderson.com INSURERS A1=FQROING COVERAGE NAIC# Renton WA 98057 INSURERA:Crum & Forster Indemnity Company 31348 INSURED INSURER is!United States Fire Insurance Company 21113 McDonough & Sons, Inc INSURER C: 27218 SE Kent-Kangley Road INSURER D: INSURER E: Ravensdale WA 98051 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1892631446 REVISION NUMBER: THIS 15 TO CERTIFY THATT14E POLICIES.OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERf01) INDICATED. NOTWITHSTANI].ING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR O'rHER DOCUMENT WITH RESPECT TO WHICH TI11S CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 1-0ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS. INSN A]) URR POLICY EFF POLICY Ex; r TYPE OF INSURANCEwqn wvn P01.1cY NUMSER MfODIYYYY MMIf11115'YYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A CLAIMS-MADE OCCUR P 1NAL _ E,r NTE� $ 1,000,000 X Y 5068949967 9/27/2018 9/27/2019 MED EXP(Ally one persail) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 4- J PRO ❑LOC PRODUCTS-COMP/OPAGG $ 2,000,000 FIER- AUTOMOBILE 41ABILITY COMBINED SINGLE LIAMI aeoinnil $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS X y 506B949967 9/2'1/2018 9/27/2019 BODILY INJURY(Per accident) S X HIREDAUTOS X NON-OWNED AUTOS PROPERTY DAMAGE PAr ace lent S UMBR X EXCESS I A 13 X OCCUR EACH OCC:URRENC-E 5 _ 4,OOO,Q00 B EXCESS L.IAB CLAIMS•MAIDF AGGREGATE S 4,000�. 0_.00 OEfl� X FtETEN'rION S 10,000 X y 5238091391 9/27/2018 9/27/2019 S WORKERS COMPENSATION PLR ❑TH AND EMPLOYERS'LIABILITY Y/N 7sIATUBE E ANY PROPRIETOR/PARTNER/EXECUTIVE EI_.EACH AGCIOEiN'f $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N I A A (Mandatory in NH) 5068999967 9/27/2018 9/27/2019 If y0s,describe under E.I_DISEASE-F:A EMPLOYEE $ 1,000.000 !][SCfiiPTIONOFOPERAT• below WA Stop Gap E.k..C1!$CASP-POLIGYLIMIT 1, 00,000 DESCRIP I ION OF 0131-RATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Street Sweeping Contract The City, its officers, officials, employees agents and volunteers are additional insured per the attached endorsement 4FM10102615 0411 & #FM11401378 1013. Waiver of subrogation per the attached endorsement #FM10102615 0411 & #FM11401378 1013. Primary & non-contributory coverage per the attached endorsement #FM10102615 0411. CERTIFICATE HOLDER CANCELLATION NYoshitake@KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent, WA 98032 AUTHORIZED REPRESENTATIVE" George Kupets/LKM --.- - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Policy Number 5068949967 SCHEDULE OF FORMS AND ENDORSEMENTS CRUM & FORSTER INDEMNITY COMPANY Named Insured MCDONOUGH & SONS, INC . Effective Date: 09-2?-2018 12 01 A.M., Standard Tlme Agent Name BELL-ANDERSON AGENCY, INC. Agent No. 06034 COMMON POLICY FORMS AND ENDORSEMENTS IL P 001 01-04 US TREASURY DEPT ' S OFAC ADVISORY NOTICE IL 09 85 01-15 DISCLOSURE PURSUANT/TERROR RISK INS ACT FM 600 . 0 . 959 01-14 COMPAC III - DEC FM 206 . 0 . 2 04-94 SCHEDULE OF FORMS AND ENDORSEMENTS FM 206 . 0 . 3 04-94 SCHEDULE OF LOCATIONS MI 07 003 01-15 SIGNATURE PAGE - CFIC IL 01 23 11-13 WASHINGTON CHANGES - DEFENSE COSTS IL 01 46 08-10 WASHINGTON COMMON POLICY CONDITIONS IL 01 57 07-02 WASHINGTON CHANGES-ACTUAL CASH VALUE IL 01 98 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION IL 09 35 07-02 EXCL OF COMPUTER- ED LOSSES IL 09 52 01-115 CAP/LOSSESRTAIN FROM CERTIFIED ACTSTOF TERROR PROPERTY FORMS AND ENDORSEMENTS FM 600 . 0 . 960 04-94 COMM PROPERTY COV PART DEC FM 600 . 0 . 1278 01-11 GOLD CHOICE PROPERTY COV ENHANCEMENT END CP 00 10 10-12 BUILDING & PERSONAL PROPERTY COVERAGE CP 00 30 10-12 BUSINESS INCOME COVERAGE (&/EX EXP) CP 00 90 07-88 COMMERCIAL PROPERTY CONDI TIONS MF 04 017 03-18 GOLD E UIPMENT BREAKDOWN COV ENH END-WA MF 06 003 04-16 GOLD E UIPMENT BRKDWN COV ENH END SCH CP 01 60 12-98 WASHINGTON CHANGES - DOMESTIC ABUSE CP 01 26 10-12 WASHINGTON CHANGES CP 01 44 10-12 WA CHANGES - CONDO ASSOCIATION COVERAGE CP 01 40 07-06 EXCL OF LOSS DUE TO VIRUS OR BACTERIA CP 01 79 10-12 WA CHANGES-EXCLUDED CAUSES OF LOSS CP 10 30 09-17 CAUSES OF LOSS - SPECIAL FORM CP 15 10 10-12 PAYROLL LIMITATION OR EXCLUSION GENERAL LIABILITY FORMS AND ENDORSEMENTS FM 101 . 0 . 2615 04-11 CONTRACTORS GL ENHANCEMENT ENDORSEMENT FM 101 . 0 . 2620 04-11 PROJECTS COVERED UNDER CONSOLIDATED INS FM 101 . 0 . 1404 07-01 COMM GL COV PART SUPP DECLARATION FM 101. 0 . 1405 04-94 COMM GL COV PART SUPP DECLARATION CG 04 42 11-03 STOP GAP - EMPLOYERS LIABILITY COV -- WA' CG 04 50 05-08 WASHINGTON CHANGES- WHO IS AN INSURED CG 26 77 12-04 WA - FUNGI OR BACTERIA EXCLUSION CG 01 81 05-08 WASHINGTON CHANGES MG 21 025 09-17 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG 00 01 04-13 COMMERCIAL GENERAL LIABILITY COV FORM CG 03 00 01-96 DEDUCTIBLE LIABILITY INSURANCE CG 21 55 09-99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE CG 21 76 01-15 EXCL OF PUNITIVE DAM REL TO CERTIF ACT CG 21 84 01-15 EXCL NUC/BIO/CHEM CERT ACTS---TERR;CAP LS CG 21 86 12-04 EXCL-EXTERIOR INSULATION & FINISH SYSTEM CG 22 79 04-13 EXCL-CONTRACTORS-PROF LIAB FM 101 . 0 . 1252 10-05 ABSOLUTE ASBESTOS EXCLUSION FM 101. 0 . 1839 04-00 SUBSIDENCE/EARTH MOVEMENT/PRESSURE EXCL FM 101 . 0 . 2066 09-02 CROSS LIABILITY EXCLUSION FM 101 . 0 . 2167 05-04 ABSOLUTE SILICA EXCLUSION FM 101 . 0 . 2618 04-11 CONTRACTORS SCHEDULED & BLANKET ADD INS FM 600 . 0 . 955 03-08 LEAD EXCLUSION MG 04 140 09-17 EMPL-RELATED PRACTICES LIABILITY COVG-W,I�CG 21 06 05-14 EXCL-ACC/DISCL OF CONFI OR PERSONAL INFO FM 206.0.2(A 94 Policy Number 5068949967 rRkIPA8,R)057 r i SCHEDULE OF FORMS AND ENDORSEMENTS 1 CRUM & FORSTER INDEMNITY COMPANY Named Insured MCDONOUGH & SONS, INC . Effective Date: 09-27-2018 12:01 A.M., Standard Time Agent Name BELL-ANDERSON AGENCY, TNC. Agent No. 06034 INLAND MARINE FORMS AND ENDORSEMENTS FM 300 . 0 . 907 04-94 INLAND MARINE SUPP COV PART DEC FM 300 . 0 . 816 12-95 CONTRACTORS EQUIP COV FORM DEC CM 00 01 09-04 COMMERCIAL IM CONDITIONS CM 01 07 03-09 WASHINGTON CHANGES FM 300 . 0 . 811 12-95 MISC COV FORM DEC AUTOMOBILE FORMS AND ENDORSEMENTS FM 114 . 0 . 1375 11-10 2010 CA MULTISTATE FORMS REVISION CA 03 02 10-13 DEDUCTIBLE LIABILITY COVERAGE CA 23 92 10-13 WASHINGTON EXCLUSION OF TERRORISM FM 114 . 0 , 1116 10-13 BUSINESS AUTO POLICY--DEC FM 114 . 0 . 1116 (A) 10-13 SCHEDULE OF HIRED/BORROWED COVERED AUTOS FM 114 . 0 , 1116 B 10-13 SCHEDULE OF COVERED AUTOS YOU OWN FM 204 . 0 . 1 04-94 SCHEDULE OF LOSS PAYEES (AUTO) CA 00 01 10-13 BUSINESS AUTO COVERAGE FORM FM 114 . 0 . 1378 10-13 COMM AUTO BROAD FORM ENDT j CA 01 35 10-13 WASHINGTON CHANGES CA 21 34 10-13 WA UNDERINSURED MOTORISTS COVERAGE CA 99 03 10-13 AUTO MEDICAL PAYMENTS COVERAGE CA 99 28 10-13 STATED AMOUNT INSURANCE CA 99 48 10-13 POLLUTION LIAB BROAD COV FOR COV AUTO CA 99 89 05-01 WASHINGTON LOSS PAYABLE FORM REG---335 FM 114 . 0 . 1351 06-09 UNSCHEDULED TRAILERS OR SEMI-TRAILERS i FM 206.0.2 04 94 �I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT I This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE 1. Broadened Insured Status 14. Audio, Visual, And Data Electronic I Equipment i 2. Blanket Additional Insured When Required Under Written Contract 15. Loan/Lease Payoff Coverage f 3. Employee Hired Autos Liability Coverage 16. Airbag Coverage 4. Employees As Insureds 17. Multiple Deductible Protection — Covered "Auto"And Trailer 5. Coverage Extensions— Supplementary Payments 18. Duties In The Event Of An Accident, Claim, Suit, Or Loss 6. Limited Fellow Employee Coverage 7. Limited Hired Auto - Physical Damage 19. Non-Owned Auto Waiver Of Subrogation Coverage— Private Passenger (Includes 20. Blanket Waiver Of Subrogation When Employee Hired Autos Physical Damage Required Under Written Contract Coverage) 21. Coverage Territory—Short Term Hired 8. Custom Signs And Decoration Commercial "Autos" 9. Extended Towing Coverage 22. Limited Mexico Coverage 10. Glass Breakage 23. Unintentional Failure To Disclose Hazards 11. Reimbursement For Increased Temporary Transportation Expense For 24. M ntal Anguish Resulting From "Bodily Private Passenger And Commercial Injury' Vehicles 12. Extra Expense —Stolen Vehicles 25. Waiver Of Sovereign Immunity 26. Application Of This Endorsement 13. Personal Effects Coverage FM 114.0.1378 10 13 Page 1 of 10 Includes copyrighted material of Insurance Service Office, Inc with its permission I 1. Broadened Insured Status SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who Is An Insured is amended to include as an insured: A. Any subsidiary which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form, while using with your permission a covered "auto." However, the insurance afforded by this provision 1.A. does not apply to any subsidiary that is an insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. B. Any organization you newly acquire or form, and over which you maintain majority interest, while using with your permission a covered "auto". The insurance afforded by this provision 1.B.: ' 1. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. 2. Does not apply to "bodily injury" or "property damn e" resulting from an "accident" pp Y Y � 1 rY� 9 9 that occurred before you acquired or formed the organization. 3. Does not include any newly acquired or formed organization that is: a. A joint venture or partnership; or b. An insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. ?. Blanket Additional Insured When Required Under Written Contract Paragraph A.I.Who Is An Insured under SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Any person, organization or governmental entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entity to this policy as an additional "insured" in order to comply with the terms of a written contract or written agreement. This Additional Insured status is not conferred when such written contract or written agreement: j (1) Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or (2) Is executed after the date of"accident" or"loss"; Paragraph d.(2) above does not apply if: i (a) the terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or"loss"; and (b) you can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". Paragraph a. of Condition 5. Other Insurance of Part B. General Conditions under Section IV— Business Auto Conditions is amended by the addition of the following: Regardless of whether other insurance is maintained by an additional insured on a primary basis, the coverage provided by Provision 2. of the Commercial Auto Broad Form Endorsement will be primary to and noncontributing with other insurance maintained by the additional insured if the written contract or written agreement between FM 114.0.1378 10 13 Page 2 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. i 'f I� f you and the additional insured specifically requires that this insurance be primary, 1 3. Employee Hired Autos Liability Coverage I The following is added to the Who Is An Insured Provision of SECTION II — COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a I written contract or written agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. f 4. Employees As Insureds I The following is added to the Section II —COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours while using with your permission a covered "auto" you don't own, hire or borrow if such "auto" is being used in your business or your personal affairs. 5. Coverage Extensions - Supplementary Payments ! Paragraphs a.(2) and a.(4) under SECTION II — COVERED AUTOS LIABILITY ! COVERAGE, Paragraph 2.a. Supplementary Payments are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased to $5,000; and 2. In a.(4), the limit for the actual loss of earnings is increased to $1,000 per day. 6. Limited Fellow Employee Coverage The following is added to Subparagraph 5. Fellow Employee under Paragraph B. Exclusions in SECTION II —COVERED AUTOS LIABILITY COVERAGE: But this exclusion does not apply if: a. the "bodily injury" results from the use of a covered "auto" you own or hire and b. you have Workers Compensation insurance in force covering all of your "employees." Such coverage as is afforded by this provision is excess over any other collectible insurance. 7. Limited Hired Auto - Physical Damage Coverage - Private Passenger (Includes Employee Hired Autos Physical Damage Coverage) The following is added to Subparagraph 1. under Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE: d. Limited Hired Auto — Physical Damage — Private Passenger If hired "autos" are covered "autos" for Covered Autos Liability Coverage, and if Physical Damage Coverage of Comprehensive or Collision is provided under this Coverage Form for any "auto" you own, then Comprehensive and Collision Physical Damage Coverages as provided under SECTION III — PHYSICAL DAMAGE COVERAGE of this Coverage Part are extended to "autos" of the private passenger type you or your employee hires under a written contract or written agreement without a driver, at your direction, for the purpose of conducting your business, subject to the following: (1) The most we will pay for "loss" to any hired "auto" is $35,000 or the actual cash value or cost to repair or replace, whichever is the least, minus a deductible. FM 114.0.1378 10 13 Page 3 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission (2) The deductible will be equal to the largest deductible applicable to any owned "auto" of the private passenger type for that coverage, or $1,000, whichever is less. (3) Limited Hired Auto — Physical Damage — Private Passenger coverage is excess over any other collectible insurance. (4) Subject to the above limit, deductible, and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger type insured under this policy. Coverage includes loss of use of that hired auto, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $20 per day subject to a maximum of$1,000. If a limit for Hired Auto — Physical Damage is shown in the Schedule, then that limit replaces, and is not added to, the $35,000 limit indicated above. This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 13. Custom Signs And Decoration The following is added to Paragraph A. Coverage 1. under SECTION III — PHYSICAL DAMAGE COVERAGE: In the event of a total loss to an "auto" insured for auto physical damage coverage on this policy, in addition to the actual cash value of the "auto", we will pay the actual cost to repair or replace signage or custom paint details up to $5,000. Extended Towing Coverage If the named insured carries Comprehensive and Collision Coverage for the damaged covered commercial "auto", then this coverage extension 9. applies to that covered "auto." If the damaged covered "auto" is of the private passenger type, then in addition to Comprehensive and Collision Coverage, the damaged covered "auto" must also carry Towing Coverage in order for this coverage extension 9. to apply. The following is added to Paragraph A.2. Towing under SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the "auto" is not a private passenger type, a $250 deductible will apply to this coverage but it will not reduce the available limit of insurance. For all types of"autos", the most we will pay under this coverage is $1 ,000 per disablement. "Autos" which are disabled do not include stolen vehicles. 10. Glass Breakage If you carry Comprehensive Coverage for the damaged covered "auto", then this coverage extension applies to that covered "auto": The following is added to Paragraph A.3. Glass Breakage - Hitting A Bird Or Animal — Falling Objects Or Missiles under SECTION III — PHYSICAL DAMAGE COVERAGE: Any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other damage associated with the "loss", the deductible will be $100 unless FM 114.0.1378 10 13 Page 4 of 10 Includes copyrighted material of Insurance Service Office, Inc, with its permission �I a lower deductible is shown on the declarations page for this coverage. 11. Reimbursement For Increased Temporary Transportation Expense For Private Passenger And Commercial Vehicles A. If The Covered "Auto" Has Comprehensive Or Specified Causes Of Loss Physical i, Damage Coverage: Paragraph a. Transportation Expenses under SECTION III — PHYSICAL DAMAGE y COVERAGE, A. Coverage, 4. Coverage Extensions is replaced by the following: If your covered "auto" is damaged or stolen and the damage or theft is covered by Comprehensive or Specified Causes of Loss coverage provided by this policy, we will pay up to $50 per day subject to a maximum limit of$1,500 for the necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the theft or damage and ending, regardless of the policy's expiration, a. when the covered "auto" is returned to use or we pay for its "loss" in the event of a total theft of the covered "auto", or b. when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier in the event of a "loss" due to a cause other than the total theft of the covered "auto." Except with respect to losses pertaining to the total theft of covered "autos" of the private { passenger type, this coverage does not apply while there are spare or reserve "autos" available to you. I No deductible applies to this coverage. B. If The Covered "Auto" Has Collision Physical Damage Coverage: If your covered "auto" is damaged and the damage is covered by Collision coverage E provided by this policy, we will pay up to $50 per day subject to a maximum limit of $1,500 for necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier. This coverage does not apply while there are spare or reserve "autos" available to you, No deductible applies to this coverage. 12. Extra Expense - Stolen Vehicles The following is added under Paragraph AA.a. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay for all reasonable and necessary oxpenses to return a stolen covered "auto" to the namod insured if Such covered "auto" canies Comprehensive coverage. FM 114.0.1378 10 13 Page 5 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. i I '13. Personal Effects Coverage Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following coverage: Personal Effects Coverage 4 1. We will pay for "loss" to personal property or effects which are owned by an insured and in or on your covered "auto" at the time of"loss" in the event of a total theft of that covered "auto." 2. Subject to Paragraph C. Limit Of Insurance under SECTION III — PHYSICAL DAMAGE COVERAGE, we will pay up to $500 for"loss" of personal property or effects in any one "accident" involving total theft of a covered "auto". This insurance will not apply if, at the time of"loss", the covered "auto" is unattended, unless the "loss" is the result of forced entry into the covered "auto"while all doors, windows or other openings are closed and locked and there is evidence of forced entry. Under this extension, we will not pay for"loss" to the following: accounts, bills, currency, deeds, evidences of debt, money, notes or securities; electronic equipment or tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment;jewelry, watches, necklaces, bracelets, gems, gold, platinum, silver, furs; animals, birds, or fish or any motorized vehicle. This coverage will be excess over any other collectable insurance. No deductible applies to this coverage. '14. Audio, Visual, And Data Electronic Equipment The sub-limit in Paragraph C.2. of the Limit of Insurance Provision of SECTION III- PHYSICAL DAMAGE COVERAGE is increased to $1,500. '15. Loan/Lease Payoff Coverage The following is added to Limit of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less; 1. The amount paid under the Physical Damage Coverage Section of the policy, and 2. Any; a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage: c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. FM 114.0.1378 10 13 Page 6 of 10 Includes copyrighted material of Insurance Service Office, Inc with its permission f I This coverage is limited to a maximum of$1,500 for each covered "auto". 1 ! 16. Airbag Coverage I i ,j If the named "insured" carries Comprehensive and Collision Coverage for the damaged f covered "auto", then this coverage extension 16. applies to that covered "auto". t The following is added to Subparagraph 3.a. under Paragraph B. Exclusions in SECTION III - PHYSICAL DAMAGE COVERAGE: The accidental discharge of an airbag shall not be considered mechanical or electrical breakdown and therefore shall not be excluded. This provision does not apply to "autos" you hire with a driver and it is excess over any warranty specifically designed to provide this coverage. 17. Multiple Deductible Protection —Covered "Auto" And Trailer j If you carry Comprehensive and Collision coverages for the damaged covered "autos", then this coverage extension 17. applies to those covered "autos": The following is added to Paragraph D. Deductible under SECTION III - PHYSICAL DAMAGE COVERAGE: Whenever a covered "auto" and trailer are each damaged in the same "loss" while operating as a combined truck and trailer unit, only one deductible shall apply to the "accident". The larger of the two deductibles shall apply. If another policy or coverage form issued by us, that Is not an automobile policy or coverage form, applies to the same "loss" or"accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is not the largest deductible, it will be waived. 2. If the deductible under this Business Auto Coverage Form is the largest deductible, it will be reduced by the amount of the smaller(or smallest) deductible. 18. Duties In The Event Of An Accident, Claim, Suit, Or Loss A. Subparagraph 2.a. under Paragraph A. Loss Conditions in SECTION IV— BUSINESS AUTO CONDITIONS is amended so that your obligations relative to notification requirements apply only when the "accident" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An executive officer, insurance manager or any other person designated by you to send notices of"accidents"or "loss" to insurers, if you are a corporation; or 5. A member, if you are a limited liability company. B. Subparagraph 2.b.(2) under Paragraph A. Loss Conditions in SECTION IV— BUSINESS AUTO CONDITIONS is amended so that your obligations relative to providing us with documents concerning a claim or"suit" will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4, An executive officer, insurance: manager or any other person designated by you to send notices of claims or"suits" to insurers, if you are a corporation; or FM 114.0.1378 10 13 Page 7 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission 5. A member, if you are a limited liability company. '19. Non-Owned Auto Waiver Of Subrogation The following is added to Subparagraph 5. Transfer Of Rights Of Recovery Against Others To Us, under Paragraph A. Loss Conditions in SECTION IV— BUSINESS AUTO CONDITIONS: We hereby waive any right of subrogation against any of your officers, directors, or "employees"which might arise by reason of any payment under the insurance afforded by this policy for the operation, maintenance, use, loading, or unloading of non-owned "autos". This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director, or "employee". 20. Blanket Waiver Of Subrogation When Required Under Written Contract The following is added to Subparagraph 5. Transfer Of Rights Of Recovery Against Others To Us, under Paragraph A. Loss Conditions in SECTION IV - BUSINESS AUTO CON DITIONS: However, we waive any right of recovery we may have against a person, organization or governmental entity when you have waived such right of recovery under a written contract or written agreement provided such written contract or agreement is: 1. currently in effect or becoming effective during the term of this policy; and 2. executed prior to the "accident" or "loss"; or 3. executed after the "accident" or "loss" if: a. the terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or"loss"; and b. you can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or"loss". 21. Coverage Territory -Short Term Hired Commercial "Autos" Paragraph 7. Policy Period, Coverage Territory under Paragraph B. General Conditions in SECTION IV— BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to anywhere in the world if: 1. A covered "auto" of the commercial van, pick-up, or truck type is leased, hired, rented or borrowed for a period of 30 days or less; and 2. The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We will also cover "loss" to, or "accidents" involving, a covered "auto"while being transported between any of these places. FM 114.0.1378 10 13 Page 8 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission F �I 22. Limited Mexico Coverage WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. # THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage } 1. Paragraph 7. Policy Period, Coverage Territory of the General Conditions is amended by the addition of the following: The coverage territory is extended to include Mexico but only for: a. "Accidents" or "losses" occurring within 25 miles of the United States border; and b. Trips into Mexico of 10 days or less. 2. Condition 5. Other Insurance of Part B. General Conditions under Section IV - Business Auto Conditions is replaced by the following: The insurance provided by this Provision 22 will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. 23. Unintentional Failure To Disclose Hazards The following is added to Paragraph B. General Conditions in SECTION IV— BUSINESS AUTO CONDITIONS: If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not deny Coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans. FM 114.0.1378 10 13 Page 9 of 10 Includes copyrighted material of Insurance Service Office, Inc with its permission 24. Mental Anguish Resulting From"Bodily Injury" The definition of"bodily injury" in SECTION V- DEFINITIONS is replaced by the following. "Bodily injury" means physical injury, physical sickness or physical disease sustained by any person, including "mental anguish" or death resulting from any of these. It does not include mental anguish to any person which occurs in the absence of physical injury, physical sickness or physical disease to that person. For the purpose of this provision, the term"mental anguish" shall mean any type of mental or emotional illness or distress. 5. Waiver Of Sovereign Immunity The following provision applies if you are a "governmental entity" or we have added a "governmental entity"to your policy as an additional insured, and the "governmental entity" requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the "governmental entity": We shall not raise any defense involving, in any way, the jurisdiction of the tribunal over the "governmental entity", the immunity of the "governmental entity" or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the "governmental entity" without first obtaining express advance permission from the designated representative of the "governmental entity." Application of this provision shall not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. For the purposes of this provision, "governmental entity" means a state, county, district, municipality, town, township, borough, parish, village, or other political subdivision or governmental agency or subdivision. 26. Application Of This Endorsement The coverage enhancements provided by this endorsement apply to the Business Auto Coverage Form. If your policy includes other endorsements in addition to this Commercial Automobile Broad Form Endorsement, and there is a conflict between any of the terms of such endorsement(s) and this Commercial Automobile Broad Form Endorsement, the terms of the other endorsement(s) shall be given priority and control over the terms set forth in this Commercial Automobile Broad Form Endorsement, even if the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this Commercial Automobile Broad Form Endorsement. All other terms and conditions remain unchanged. I=M 114.0.1378 10 13 Page 10 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission } Policy#5068949967 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENHANCEMENT ENDORSEMENT I 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i I SCHEDULE 1. Expected Or Intended Injury 16 Additional Insured ---Engineers, Architects Or � Surveyors 2. Amended Defense Coverage For Indemnitees 17. Additional Insured --Managers Or Lessors Of Premises i Additional Insured --State Or Governmental ( 3. Non-Owned Watercraft 18. Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations 4. Non-Owned Aircraft 19. Broad Knowledge / Notice Of Occurrence 5 Property Damage Liability —Borrowed Waiver Of Transfer Of Rights Of Recovery Equipment 20' Against Others To Us i 6. Property Damage Liability —Elevators 21. Unintentional Failure To Disclose Hazards 7. Damage To Premises Rented To You 22. Mental Anguish, Mental Injury Or Humiliation 8 Contractual Liability For Personal And Advertising Injury 23• Mobile Equipment 9. Medical Payments 24. Waiver Of Sovereign Immunity 10. Supplementary Payments 25. Aggregate Limits Of Insurance Per Project 11. Broad Form Named Insured 26 Contractual Liability —Work Within 50 Feet Of Railroads 12, Fellow Employee Coverage 27 Primary Insurance --Additional Insureds By Written Contract 13. Incidental Medical Malpractice Liability 28. Liberalization Clause 14. Newly Acquired Organizations 29. Application Of This Endorsement 15 Additional Insured —Lessors Of Leased Equipment FM 101.0.2615 04 11 Page 1of11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 1. Expected Or Intended Injury Exclusion a. Expected Or Intended Injury under Section I - Coverage A- Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. 2. Amended Defense Coverage For Indemnitees j Supplementary Payments- Coverages A And B is amended as follows: Paragraph 2.d. under Section I - Supplementary Payments- Coverages A And B is hereby deleted. Paragraph 2.e. under Section I - Supplementary Payments- Coverages A And B is hereby deleted and replaced by the following: The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit". In the event we agree a conflict exists between the interests of the insured and the interests of the indemnitee, we will select and assign separate defense counsel for the indemnitee and pay reasonable attorney fees and necessary litigation expenses; and 3. Non-Owned Watercraft Paragraph (2)(a) of Exclusion g. Aircraft, Auto Or Watercraft under Section I - Coverage A- Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (a) Less than 55feet in overall length; and 4. Non-Owned Aircraft Exclusion g. Aircraft, Auto Or Watercraft under Section I - Coverage A- Bodily Injury And Property Damage Liability does not apply to an aircraft, in which you have no ownership interest, provided: a. It is: (1) Loaned to; (2) Rented by; or (3) Hired or chartered by the insured with a paid and licensed crew; b. It is not being used to carry persons or property for a charge; and c. The pilot in command holds a currently effective license, issued by the duly constituted FM 101.0.2615 04 11 Page 2 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. authority of the United States of America or Canada, designating him or her as a commercial airline pilot for the particular aircraft being flown. 5. Property Damage Liability- Borrowed Equipment Paragraph (4) of Exclusion j. Damage To Property under Section I - Coverage A- Bodily Injury And Property Damage Liability is amended to include the following. This exclusion does not apply to equipment which you borrow from a person or entity, other than an insured, unless the "property damage"occurs while such equipment is being used b an insured at a job site. Subject to all terms of Section III--Limits Of Insurance, the maximum limit in any one occurrence is $25,000 subject to an annual aggregate of$50,000 for all 'occurrences". The insurance provided by this exception to Exclusion j.(4)as set forth in Paragraph 5. of this Contractors General Liability Enhancement Endorsement is excess over any other valid and collectible insurance available to the insured whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or any other basis, that would also apply to the loss covered under this provision. 6. Property Damage Liability- Elevators Exclusion j. Damage To Property under Section I - Coverage A- Bodily Injury And Property Damage Liability is amended to include the following: Paragraphs (3)and (4) of this exclusion do not apply to liability arising out of the use of elevators. The insurance provided by this exception to Exclusions j.(3)and j.(4)as set forth in Paragrap 6.of this Contractors General Liability Enhancement Endorsement is excess over any other I valid and collectible insurance available to the insured whether{primary,excess (other khan insurance written to apply specifically in excess of this policy), contingent or any other basis, that would also apply to the loss covered under this provision. 7. Damage To Premises Rented To You a. The last paragraph of 2. Exclusions under Section I - Coverage A- Bodily Injury And Property Damage Liability is hereby deleted and replaced by the following: (1) With respect to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c. through n.,do not apply. (2) With respect to damage.,by other than fire to premises while rented to you or temporarily occupied by you with permission of the owner, Exclusions c.through n., except for Exclusion f., do not apply unless the damage arises out of'your work". A separate limit of insurance applies to the coverage set forth in (1)and (2)above as described in Section III - Limits Of Insurance. FM 101.0.2615 04 11 Page 3 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. i b. Section III -Limits Of Insurance is amended by deleting Paragraph 6. and replacing it with the following: 6. Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of"property damage"to any one premises while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the amount set forth in the Declarations or $300,000, whichever is greater. 8. Contractual Liability For Personal And Advertising Injury Exclusion e. Contractual Liability under Section I - Coverage B- Personal And Advertising I Injury Liability is amended to add the following after the last sentence: This exclusion also does not apply to that part of any contract or agreement pertaining to your business under which you assume the "tort liability"of another party to pay for "personal and advertising injury"to a third party or organization, provided the "personal and advertising injury" offense occurs subsequent to the execution of the contract or agreement. For the purposes of this provision, "tort liability"means a liability that would be imposed by law in the absence of any contract or agreement. 9. Medical Payments Section I - Coverage C - Medical Payments is amended to include the following only if Coverage C - Medical Payments is not otherwise excluded from this coverage part: The Medical Payments Limit is changed to the greater of a. $15,000; or b. The Medical Expense Limit shown in the Declarations of this coverage part. Paragraph 1.a.(3)(b) under Section I - Coverage C - Medical Payments is hereby deleted and replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 10. Supplementary Payments Supplementary Payments- Coverages A And B under Section I - Coverages is amended as follows: a. The bail bonds limit shown in Paragraph 1.b. is increased from $250 to $2,500. b. The actual loss of earnings limit shown in Paragraph 1.d. is increased from $250 to $1,000. FM 101.0.2615 04 11 Page 4 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 11. Broad Form Named Insured Paragraph 1.d. under Section II -Who Is An Insured is amended to include the following: If you are an organization other than a partnership, limited liability company or joint venture, any of your subsidiary companies or any company over which you exercise control and actively manage will qualify as an insured only if other valid and collectible insurance does not apply. 12. Fellow Employee Coverage Paragraph 2.a. (1)(a) under Section II -Who Is An Insured is hereby deleted. I i 13. Incidental Medical Malpractice Liability i Paragraph 2.a. (1)(d)under Section II -Who Is An Insured does not apply to "employees"wh are employed as nurses or other"employees", excluding physicians and medical doctors, who provide incidental health care services within the scope of their employment by you. 14. Newly Acquired Organizations t Paragraph 3.a. under Section II -Who Is An Insured is hereby deleted and replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. 15. Additional Insured -Lessors Of Leased Equipment Section 11 -Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment and with whom you have agreed to add as an additional insured to this policy by written contract or written agreement but only with respect to "bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of the equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any "occurrence"which takes place after the equipment lease expires or is terminated. 16. Additional Insured -- Engineers, Architects Or Surveyors Section II -Who Is An Insured is amended to include as an additional insured any architect, engineer o,- surveyor engaged by you and with whom you have agreed by written contract to add as an additional insured to this policy, but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: FM 101.0.2615 04 11 Page 5 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. This insurance does not apply to "bodily injury","property damage"or"personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: a. The preparing,approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or b. Supervisory, inspection,architectural or engineering activities. 17. Additional Insured -- Manager Or Lessors Of Premises Section II -Who Is An Insured is amended to include as an additional insured any manager or lessor of premises leased to you and with whom you have agreed by written contract to add as an additional insured to this policy, but only with respect to liability arising out of the nwriership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by, or on behalf of, the manager or lessor of the premises. 1 ft. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Section II -Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision which has issued a permit or authorization to you. a. This applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) 'Bodily injury", "property damage"or"personal and advertising injury"arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or (2) 'Bodily injury"or "property damage"included within the "products-completed operations hazard". 19. Broad Knowledge 1 Notice Of Occurrence Section IV- Commercial General Liability Conditions is amended to include the following: The requirement in Condition 2.a., which states that you must see to it that we are notified of any "occurrence"or offense,applies only when the "occurrence"or offense is known to: FM 101.0.2615 04 11 Page 6 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. jf i f: r= 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor if you are a corporation; or i 5. A member, if you are a limited liability company. The requirement in Condition 2.b., which states that you must see to it that we receive notice of a claim or"suit", will not be considered breached unless the breach occurs after such claim or "suit"is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "executive officer", manager or supervisor if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers Compensation insurance carrier which later develops into a claim or "suit"for a liability 'occurrence"for coverage which is provided by this policy, failure to report such 'occurrence"to us at the time of the accident shall not be a violation of th notification of loss condition (Condition 2. Duties In The Event Of Occurrence,Offense, Claim Or Suit under Section IV— Commercial General Liability Conditions)contained in this policy- R is agreed, however,that you shall give notification of such claim or"suit"to us as soon as you are made aware of the fact that the particular accident has developed into a claim or"suit". 20. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV-- Commercial General Liability Conditions is amended to include the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products- completed operations hazard"when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage"or"personal and advertising injury". Alternatively,the written contract may be executed after the "bodily injury", "property damage"or "personal and advertising injury"but only if: (i) The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage"or"personal and advertising injury"; and (ii) The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had FM 101.0.2615 04 11 Page 7 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission- been agreed upon prior to the"bodily injury", "property damage"or"personal and advertising injury". 211. Unintentional Failure To Disclose Hazards ' Section IV— Commercial General Uability Conditions is amended to include the following: 9. Unintentional Failure To Disclose Hazards Your unintentional failure to disclose all hazards or prior"occurrences"existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy. 22. Mental Anguish, Mental Injury Or Humiliation The definition of"bodily injury"in Paragraph 3. under Section V-- Definitions is hereby deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury, humiliation or death resulting from any of these at any time. 23. Mobile Equipment Paragraph 12. under Section V— Definitions is amended to include the following: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. 24. Waiver Of Sovereign Immunity The following provision applies if you are a "governmental entity"or we have added a "governmental entity"to your policy as an additional insured, and the"governmental entity" requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the"governmental entity": We shall not raise any defense involving, in any way, the jurisdiction of the tribunal over the "governmental entity", the immunity of the "governmental entity"or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the "governmental entity"without first obtaining express advance permission from the designated representative of the "governmental entity". Application of this provision shall not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. For the purposes of this provision, "governmental entity"means a state, county, district, municipality,town,township, borough, parish,village, or other political subdivision or governmental agency or subdivision. FM 101.0.2615 04 11 Page 8 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. f fj 25. Aggregate Limits Of Insurance Per Project Section III - Limits Of Insurance is amended to include the following: 8. The General Aggregate Limit described in 2.above is subject to the following: a. For all sums which the insured becomes legally obligated to pay as damages caused by I "occurrences"under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a "single construction project"away from premises owned by or rented to the insured: (1) A separate Single Construction Project General Aggregate Limit applies to each j construction project,and that limit is equal to the amount of the General Aggregate t Limit shown in the Declarations. (2) The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury"or"property damage"included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". � b. Any payments made under Coverage Afor damages or under Coverage C for medicall expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other construction project. c. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. d. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A,and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a "single construction project"away from premises owned by or rented to the insured: (1) Any payments made under Coverage Afor damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and (2) Such payments shall not reduce any Single Construction Project General Aggregate Limit. FM 101.0.2615 04 11 Page 9 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. e. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard"will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. f. If a "single construction project"away from premises owned by or rented to the insured has been abandoned or delayed and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. g. "Single construction project" means each single designated construction project for which you are obligated by written agreement to maintain general liability insurance with a separate per project general aggregate limit that applies only to that construction project. The agreement must be executed prior to the "occurrence"of the "bodily injury" or"property damage". The provisions of Section III- Limits Of Insurance, not otherwise modified by this provision, shall continue to apply as stipulated. 26. Contractual Liability-Work Within 54 Feet Of Railroads The definition of"insured contract"in Paragraph 9. under Section V- Definitions is amended as follows: Paragraph 9.c. is hereby deleted and replaced by the following: c. Any easement or license agreement; Paragraph 9.f.(1)is hereby deleted. 27. Primary Insurance - Additional Insureds By Written Contract Paragraph a. Primary Insurance of Condition 4. Other Insurance under Section IV-- Commercial General Liability Conditions is deleted and replaced by the following: a. Primary Insurance (1) This insurance is prirnary except when Paragraph a.(2)or Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below- (2) This insurance is excess over and shall not contribute with any other valid and collectible insurance available to any person or entity added as an additional insured to this policy under the terms of the Contractors General Liability Enhancement Endorsement or by attachment of any other endorsement, regardless of whether such other insurance is provided on a primary, excess, contingent or on any other basis, unless the written contract between you and the additional insured requires that this insurance apply on a primary and/or non-contributory basis, in which case this insurance will apply in the manner required by such contract. FM 101.0.2615 04 11 Page 10 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. I ' f i 28. Liberalization Clause If we adopt a change in the coverage form, CG 00 01, which broadens coverage without an additional premium charge,the broader coverage will apply to this policy on the effective date of approval in the state shown in the Named Insured's address in the Declarations of this policy, 29. Application Of This Endorsement The coverage enhancements provided by this endorsement apply to the Commercial General Liability Coverage Part. If your policy includes other endorsements in addition to this Contractors General Liability Enhancement Endorsement, and there is a conflict between any of the terms of such endorsement(s)and this Contractors General Liability Enhancement Endorsement,the terms of the other endorsement(s)shall be given priority and control over t terms set forth in this Contractors General Liability Enhancement Endorsement,even if the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this Contractors General Liability Enhancement Endorsement. All other terms and conditions remain unchanged. FM 101.0.2615 04 11 Page 11 of 11 Includes copyrighted material of Insurance Service Office, Inc. with its permission. Policy#5068949967 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART j SCHEDULE Name ofAddiional Persons orOrgan¢ations:_ Designated Projects or Locations: i i I I i i A- Section II —Who Is An Insured is amended to include as an additional insured 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this policy; or 2. The particular person or organization, if any, scheduled above. I 13. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to a. Liability for "bodily injury", 'property damage" or `personal and advertising injury" caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured as specified in the "written contract"; or b. "Bodily injury' or"property damage' included within the"products-completed operations hazard" and caused in whole or in part by 'your work" specified in the "written contract", but only if: (1) The "written contract" requires you to provide the additional insured such coverage; (2) This policy provides such coverage; and (3) The loss occurs within the period of time required by the "written contract" and prior to the expiration date of the policy. 2. This policy will not provide the additional insured with any broader coverage or any higher limit of insurance than the lesser of: a. Coverage afforded under this policy; or FM 101.0.2618 04 11 Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. I I b. Coverage required by the "written contract". 3. Coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, unless the "written contract" requires that: this insurance apply on a primary and non-contributory basis. 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage' or "personal and advertising injury" arising out of: a. An architect's, engineer's or surveyor's rendering of, or the failure to render any professional services, including: (1) The preparing, approving, or failure to prepare or approve maps, shop drawings, i opinions, reports, surveys, field orders, change orders or drawings and specifications; and I (2) Supervision or inspection performed as part of any related architectural or i engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this policy. C. Section IV— Commercial General Liability Conditions is amended as follows: 1. The Duties In The Event Of Occurrence, Offense, Claim Or Suit condition is amended to add the following: I An additional insured under this endorsement will as soon as practicable: (1) Give us prompt written notice of any "occurrence' or offense which may result in a claim or "suit' under this insurance, and of any actual claim or"suit"; (2) Except as provided in Paragraph B.3. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this policy; 3 Immediately forward all legal ( ) y papers to us cooperate with I 9 P P p t�► us m the investigation, g defense, or settlement of the claim or"suit', and otherwise comply with the policy conditions; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer whose policy may provide coverage for a loss covered under this endorsement including, but not limited to, any insurer that has issued a policy under which the additional insured qualifies as an insured; however, if the "written contract" requires this insurance to be primary and non-contributory, this provision does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit' frorn the additional insured. FM 101.0.2618 04 11 Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. I). Only for the purpose of the insurance provided by this endorsement, Section V-- Definitions is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy; and b. Was signed and executed prior to the"bodily injury" or`property damage" or 'personal and advertising injury" for which coverage under this policy is sought by the additional insured. All other terms and conditions remain unchanged. { i I I-M 101.0.2618 04 11 Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission.