HomeMy WebLinkAboutCAG2020-210 - Original - All Around Fence Company - Fence Installation at Kiwanis Tot Lot #3 - 07/02/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
07/01/2020
4
Other33539
Parks, Recreation & Community ServicesJan Applegate
4
07/06/2020
07/08/2020
Other
n/a
15106404.64110.5363 857 W
ContractAll Around Fence Company
N/A
4
09/30/2020
12441.00
N/A
N/A
4
4
GL
BL
07/02/2020
PUBLIC WORKS AGREEMENT - 1
($20K or Less and No Performance Bond)
PUBLIC WORKS AGREEMENT
between City of Kent and
All Around Fence Company
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and All Around Fence Company organized under the laws of the State of
Washington, located and doing business at 14323 16th Street East, Sumner WA 98390-9633, Mailing
Address: P.O. Box 1029, Ravensdale WA 98051-8101. Contact: Ron Dagley, Phone: 253-863-4895. Fax:
253-863-0704 (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I.DESCRIPTION OF WORK.
The Contractor shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Per Contractor's Estimate and Drawing dated 06/11/2020 attached as Exhibit A, supply labor
and materials to replace 371 feet of existing 4 foot chain link fence at Kiwanis Tot Lot #3,
located at Alexander Avenue between East Chicago and East Seattle Streets, Kent WA
98030.
The Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound region in
effect at the time such services are performed.
II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this
Agreement, the Contractor shall complete the work described in Section I by September 30, 2020 .
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed TWELVE
THOUSAND FOUR HUNDRED FORTY ONE DOLLARS AND NO CENTS ($12.441.00), including any applicable
Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall
pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of
the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay
the remaining Contract amount upon fulfillment of the conditions listed below and throughout this
Agreement.
Card Payment Program. The Contractor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates
in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or
credit card companies. The Contractor shall not charge those fees back to the City.
PUBLIC WORKS AGREEMENT - 2
($20K or Less and No Performance Bond)
A.No Payment and Performance Bond. Because this contract, including applicable sales
tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu
of providing the City a payment and performance bond, has elected to have the City
retain the final ten percent (10%) of the Contract amount for a period of thirty (30)
days after the date of final acceptance, or until receipt of all necessary releases from
the State Department of Revenue, the State Department of Labor & Industries, and
the State Employment Security Department, and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
B.Retainage. The City shall also hold back a retainage in the amount of five percent
(5%) of any and all payments made to the Contractor for a period of sixty (60) days
after the date of final acceptance, or until receipt of all necessary releases from the
State Department of Revenue, the State Department of Labor & Industries, and the
State Employment Security Department, and until settlement of any liens filed under
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a
fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by
the Contractor within fourteen (14) calendar days of the Contractor’s signature on
the Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment
from the Contractor for any defective or unauthorized work. Defective or
unauthorized work includes, without limitation: work and materials that do not
conform to the requirements of this Agreement; and extra work and materials
furnished without the City’s written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the
work by contract or otherwise, and the Contractor shall be liable to the City for any
additional costs incurred by the City. “Additional costs” shall mean all reasonable
costs, including legal costs and attorney fees, incurred by the City beyond the
maximum Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional Costs, from
any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A.The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B.The Contractor maintains and pays for its own place of business from which the
Contractor’s services under this Agreement will be performed.
C.The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Contractor’s services and is a service other than that furnished by the
City, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D.The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
PUBLIC WORKS AGREEMENT - 3
($20K or Less and No Performance Bond)
E.The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Contractor’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F.The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G.The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V.TERMINATION. The City may terminate this Agreement for good cause. “Good cause”
shall include, without limitation, any one or more of the following events:
A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B.The Contractor’s failure to complete the work within the time specified in this
Agreement.
C.The Contractor’s failure to make full and prompt payment to subcontractors or for
material or labor.
D.The Contractor’s persistent disregard of federal, state or local laws, ru les or
regulations.
E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
F.The Contractor’s breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further
money due under this Agreement until the Contract work is completed. After termination, the City may
take possession of all records and data within the Contractor’s possession pertaining to this project which
may be used by the City without restriction.
VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing
Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract
work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other
applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the
Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, the Contractor must submit a written change order request to the person listed in the
notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date
the Contractor knew or should have known of the facts and events giving rise to the requested change. If
the City determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree,
the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral order
from the City before actually receiving the written change order. If the Contractor fails to require a
change order within the time specified in this paragraph, the Contractor waives its right to make any claim
or submit subsequent change order requests for that portion of the contract work. If the Contractor
disagrees with the equitable adjustment, the Contractor must complete the change order work; however,
the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX,
Claims, below.
PUBLIC WORKS AGREEMENT - 4
($20K or Less and No Performance Bond)
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that is
accepted by the Contractor as provided in this section shall constitute full payment and final settlement of
all claims for contract time and for direct, indirect and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire,
flood, or other natural disaster or acts of government (“force majeure event”). Performance that is
prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both
parties represent to the other that at the time of signing this Agreement, they are able to perform as
required and their performance will not be prevented, hindered, or delayed by the current COVID-19
pandemic, any existing state or national declarations of emergency, or any current social distancing
restrictions or personal protective equipment requirements that may be required under federal, state, or
local law in response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the
City shall not be liable for, the payment of any part of the contract price during a force majeure event, or
any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure
event. Performance that is more costly due to a force majeure event is not included within the scope of
this Force Majeure provision.
If a force majeure event occurs, the City may direct the Contractor to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Contractor.
IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall
give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the
events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or
should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written
claim is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
PUBLIC WORKS AGREEMENT - 5
($20K or Less and No Performance Bond)
A.Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1.The date of the Contractor's claim;
2.The nature and circumstances that caused the claim;
3.The provisions in this Agreement that support the claim;
4.The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5.An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or disruption.
B.Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C.Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under
this Agreement.
D.Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from
the City any written or oral order (including directions, instructions, interpretations, and
determination).
X.LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE
THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all
work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor
shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should
have known of the defect, or (2) upon the Contractor’s receipt of notification from the City of the
existence or discovery of the defect. In the event any parts are repaired or replaced, only original
replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected,
the warranty for that portion of the work shall extend for an additional year beyond the original warranty
period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish
the corrections within a reasonable time as determined by the City, the City may complete the corrections
and the Contractor shall pay all costs incurred by the City in order to accomplish the correction.
XII.DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
PUBLIC WORKS AGREEMENT - 6
($20K or Less and No Performance Bond)
XIII.INDEMNIFICATION. 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 Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City
harmless, and the Contractor’s liability accruing from that obligation shall be only to the extent of the
Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part,
then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees
and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Contractor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
XV.WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XVI. MISCELLANEOUS PROVISIONS.
A.Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B.Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C.Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
PUBLIC WORKS AGREEMENT - 7
($20K or Less and No Performance Bond)
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XIII of this Agreement.
D.Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E.Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Contractor.
G.Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to the
Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I.Public Records Act. The Contractor acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Contractor in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
PUBLIC WORKS AGREEMENT - 8
($20K or Less and No Performance Bond)
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Brian Levenhagen,
Its: Parks Deputy Director
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Ron Dagley
All Around Fence Company
P.O. Box 1029
Ravensdale, WA 98051-8101
(253) 863-4895 (telephone)
(253) 863-0704 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ben Levenhagen, Support Services Field Supervisor
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253)508-6548 (cell) or
(253) 856-5133 (telephone)
(253)856-6120 (facsimile)
ATTEST:
Kent City Clerk
[
President
07/02/2020
Ron Dagley
Brian Levenhagen
07/02/2020
Kim Komoto (Jul 2, 2020 14:52 PDT)
Kim Komoto
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1.I have read the attached City of Kent administrative policy number 1.2.
2.During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3.During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4.During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5.Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
President
All Around Fence Company, Inc.
07/02/2020
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
BIDDER RESPONSIBILITY CRITERIA - 1
BIDDER RESPONSIBILITY CRITERIA
Certification of Compliance with Wage Payment Statutes
This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City
before the contract can be awarded .
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date (06/11/20), the bidder is not a “willful” violator, as defined in RCW 49.48.082,
of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding
citation and notice of assessment issued by the Department of Labor and Industries or through a
civil judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
All Around Fence Company
By: ___________________________________________
Signature of Authorized Official*
Printed Name: __________________________________
Title: _________________________________________
Date: _________________________________________
City and State: _________________________________
*If a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
Tacoma, Wa.
President
Ron Dagley
Jul 2, 2020
1�
t c> Fo l l u w
V-4 ovt - `' N
All Around Fence Co. (AAFCO)r
r�•�Q•'�\
G l Licensed, bonded, and insured.
Q om'. ��1
e® JI PO Box 1029 Ravensdale, WA 98051
FENCE„C0. , Office: 253-863-4895 Fax: 253-863-0704
Email: allaroundfence@msn.com
On -site estimate date:
r �l`�`
Time of e timate*
Phone/Email quote date:
Es ima is name: /
Revised date:
Revised date:
office use
M/D:
Job name:
PROPOSAL/CONTRACT LIC# ALLARAF839KS
Contact person:
Mgmt Co.:
Phone #1:!� _f, 1,; '� '�
Phone #2:
Job site address: �� l ill n address if diti': y
Email
Billing email If dlff:��
Black
Galv white Grey Orna-
Wood Chain Sp 0 der mental Other
link Vinyl Iron
Footage
4
........{.......
.....
/^
.4Q ...t ...... 1 ... r �.
'hamvJ " +
lee
r,
�!� ...... ;...
I
Height
i
POSTS
.............:........._......
.....
...........t.
----- .....;........................... .............. ............. ~.........:............. .;.............. .......... . ......
Terminal
3 $
bT
Line
BJ�g
1i
Gate
........:..............
L...................
..... ..............i..._......._.............. .....
Material specs
Top rail
Middle rail
-...............
.............. ............... ...................... .......... . , ........
Bottom rail
Tension wire
GSA
-
W styles:
Wood yes:
�5 e z
Notes: � � � � ��� �—�— i3' � -tS See t/ :fC) Price: p2)
` 1 J3 1 0
Tax to be added upon job completion.
Standard Estate ❑
Full Panel ❑
Picture Frame ❑
*We do not stain or paint fences.
*This contract in printed or electronic form is subject to the terms and conditions of which are made a part hereof by this
reference.
*We propose hereby to furnish materials and labor -complete in accordance with the above specifications.
*We do not warranty wood gates over 10' wide, no exceptions.
*We have a $600.00 minimum plus materials. If you change your job and the price falls below that cost, you may be required to
pay the $600.00 minimum plus materials price.
*Most of our correspondence is done by email.
*This proposal may be withdrawn by AAFCO if not accepted within 30 days.
*Payment is due upon receipt of invoice (of which we email). We accept checks & money orders. For a fee, we also accept debit
and credit cards.
*The customer is responsible for mar4utilitypi cations and fence lines.
*ALL, AROUND FENCE. COMPANONSI FOR SPRINT LERLINES.
*One year warranty on workmanshiplied b CO.
Estimator's Authorization:
Kirkland ❑
Rambler ❑
Horizontal ❑
Shadow Board ❑
Lattice Top ❑
Custom ❑
Gates:
Single walk ❑
Single drive ❑
Double drive ❑
Roll ❑
Hillside ❑
The prices, specifications, and co 'ditions are satisfacto , understood, and are hereby accepted by my
signature below:
Customersignature, Date
''s . . .
Clearing (included if
checked)
Tear out & Haul away
(included if checked)�
6t26t2020County TradeKing Fence ErectorsKing Fence Erectorsabout:blankJob ClassificationFence ErectorFence LaborerW"ge Holiday Overtime Note543.11 7A 4V 8Ys43.11 7A 4V gYState of WashingtonDepartment of Labor & lndustriesPrevaiting Wage Section - Tetephone 360-902-5335PO Box 44540, Otympia, WA 98504-4540Washington State Prevailing WageThe PREVAILING WAGES listed here inctude both the hourty wage rate and the hourty rate of fringebenefits. On pubtic works projects, worker's wage and benefit rates must add to noi tess than thistotat. A brief description of overtime catcutation requirements are provided on the Benefit CodeKey.Journey Level Prevailing Wage Rates for the Effective Date: 612612020*RiskClassViewViewabout:blank111
E)(HIBITBINSURANCE REQUIREMENTS FORCONSTRUCTION PROJECTSfnsgltrnggThe Contactor shail procr.ue and maintain for the d.r:ration of the Ageemen! insuranceagainst claims -fol injiries to persons-or damage to property which f,ay atis.ho* o. i"connection.with the performance of the workhereunder bi the Contaltor, their agents,representatives, employees or subcontractors.A. ffiilisrrm Scope of fnsuranceContractor shali obtain insurance ofthe types described below:1, Au.tg+obile Liabiliw insurance covering allowned, non-owue{ hired and leasedvehicles. Coverage shall be written on Insnrance Services Offtce (ISO) form CA 0001 or a substitute form providing equivalent liability coverage. Iinecessary, thepolicy shall be endorsed to provide contractual liability coverage.CGCommercial General Liability insurance for liability arising from explosion, collapseor undergrormd property damage. The City shall be naned 45 a1 insusgd under theContactor's ComrnErcial General Liability insr:raoce policy withrespect to the work perform*rd for the City using iSO additional insrired endorsementCG2010 11 85 or a substitute endorsement providing equivaleot coverage.2. Workers' Compensation coverage as required by the Industrial Insruance laws of theState of Washington.B" Mininrrm Amounts of InsuranceContractor shail maintain the following insurance limits:)Automobile Liabilitv insurance with a minimun combined single limitfor bodily injuy aod property damage of $1,000,000 per accident-Commercial General Liabilitv insrrance shall bb writtenwith limits noCss tffiS1,000,000 each occurreoce, $2,000,000 general aggregateand a $2,000,000 products- completed operations aggregate limit.I
EXHIBIT B (Conrinued)C. Other fnsurance provisionsThe insurance policies are to s6sfain, or be endorsed to contain- the follorffino,.,i';fffrfi1Jiffi ir#,"d#;ffi 1'GenerarLiab'ity*[ffi l]:,:"*"#ffi x,ffi i*'1' The Contractor's insuranceclverage shail be primary-insr:rance as respect the.crtyr4r:ins:qance,seH-insurancE,otiosu*iFpo6lco;ili;il jrotuio.aby th-e- city s!-a{ be excess of the cdnt'actJrl**"" and shall notcontibute with it2' The Contactot's insurance shall be endorsedto state that coverage shall notbe cancelled byeither parry,.except "fr;ibjry (t0) a.y+;;r-;H#" noticeby certified mail, retum reieipt requested, GiUlrri g#.;;A;'CidD. Contractorrs Insurance For Other LossesThe Contactor shall as$.rme full reqponsibility for all loss or damage from any cause$&atsoev€r !o *y tools, contractoris employlao"^"46G -Gffi*;frt-*,, o,motor vehicles owned or rented by the Contactor, or the C-ontactor'r Jgr"iifuJpfil* o,lontractors as well as to any temporary sfterctr:res, scaffolding and pr;G;d;6,o".r.E. Acceptability of InsurersInswance is to be nlaced with iasruers with a currentA-lW. Best rating ofnot less thanA:VII. IF. Verification of CoverageContractor shall fi:r:rish t City with original certificates anp-.a.copy.of the ameadatoryendorsements, including but not necessarily limited to the additiofai i"r*;d -.endorseme'nl evidenciag the Automobile Liability and Commercial A*irA 1,iufiUtyinsr.Eaoce ofthe Confractor before coulmeocement of the work. Before any exDosure toloss may occur, the Contractor shall file with the City a copy of the grila;s Ri'stinsr:rance policy.tha! includes oll applicable conditiois, exliusions, arnoitio*, ternrs andendorsemetrts related to this project.G. SubcontractorsContractor shall include all zubcontractors as insureds under its policies or shallftrnish separate certificates and endorsements for each subcontractor. Allcoverages for subcontactors shall be subject to all ofthe same insurancerequirements as stated herein for the Contractor.
cERTIFIcATE oF LIABILITY INSUReTceCERTIFICATE NUMBER: CL19111837919NUMBER:NAIC25844DATE (MM/DDTYYYY}11t18t2019(425) 291-5100L Padilla.comkarenp@bell-anderson(425) 291-5200Western lnsurance Company. ContinentalB:INSURER C :o:E:ONLYTHISPOLTCIESHOLDER.AUTHORIZEDTHEBYrNsuRER(S),CERTIFICATEAFFORDEDTHEISSUINGPONuTHECOVERAGERIGHTSTI{ENOBETI'UEENRSALTERFEORcoNCONTRACTAANEXTENDHOLDER.AMEND,CONSTITUTERMATIONNOTFOINNEGATIVELYCERTIFICATEDOESOFEORTHDMATTERANAINSURANCEASOFEDAFFIRMATIVELYRODUCER,PrssuNOTtsORRTIFICATECEDOESTHISCERTIFICATERTIFICATELOW.PRESET{TATIVEBERETHISCEonbestatementorADendorsementanrequiremaypoliciescertainpolicy,suchtheoftheoflieulnitionscondholderandtermscertificatethetheantototssubjectconferWAIVED,notISdoesTIONcertificateSUBROGAlfthisPRODUCERBell Anderson Agency, lnc.600 SW 39th St, Suite 2OOwA 98057RentonwA 98051RavensdaleINSUREDAll Around Fence CompanyPO Box 102S1,000,000300,00010,0001,000,000s 2,000,000$ 2,000,000$$ 1,000,000$s$2,000,0002,000,000s 1,000,0001,000,0001,000,000LIMITSonePRODUCTS.BODILY INJURY (Per peEon)BODILY INJURY (Per accident)E.L. EACHEIVIPLOYEEE.LPOLICY LIMIT12101t202012t01t202012101t202012,01t20201201t2019121011201912,011201912/01t2019POLICY NUMBERcPA602961224cPA602961224cPA602961224CPA6O2961 224- WA Stop capN'AOCCUR10,000UMBRELLA LIABEXCESS UABTYPE OF INSURANCECOMMERCIAL GENERAL LIABILITY.LA,M$MADE lX o""r*LOCPER:ANYAUTOO!\NEDAUTOS ONLYHIREDAUTOS ONLYSCHEDULEDAUTOSNON.OV\NEDAUTOS ONLYAUTOMOBILE LIABILITYAND EMPLOYERS' LIABILITYANY PROPRIETOR./PARTNER/EXECUTIVEOFFICERYI\i!EMBER EXCLU DED?(Mandatory in NHIY/NbelowtfWORKERSREQUIREMENT,THISPERIODTERMS,ffircHPOLICYTHETOALLTHETOFORRESPECTWTHSUBJECTABOVEISNAMEDHEREINDOCUMENTCLAIMS.INSUREDOTHERPAIDTHEORBYDESCRIBEDTOEDPOLICIESREDUCEDISSUCONTRACTTHEANYBEENBEENBYOFHAVEHAVEONMAYAFFORDEDBELOWCONDITIORSHO\A/NILISTEDTERMINSURANCELIMITSTHEINSURANCEPOLICIES.OFPERTAIN,SUCHMAYANYOFPOLICIESORTHEITIONSISSUEDTHATBECONDMAYANDNOTWTHSTANDINGCERTIFYTOtsICATED.SINDEXCLUSIONSTHICERTIFICATEAAAAThecertificateholderisadditional insuredpertheattachedendorsementclccso2g1018,c1cc2071 0916andcLcA01490617. \hiverofsubrogationpertheattachedendorsementclcc04g2 1018andcLcAO1490617. Primary&non-coniributorycoveragepertheattachedendorsementclccso2g1018and CLCG2071 0916.1 01, Additional Remarks Schedute, may be attached if moe space is required)DESCRtpTtON OF OPERATIONS / LOCATTONS / VEHTCLES (ACORDCERTIFICATELLATION@1988-2015 ACORD CORPORATION. Alt rights reseryed.SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE W|LL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.(\\*- GJ.uAUTHORIZED REPRESENTATIVEwA 98032KentCity of Kent Parks Maintenance220 Fourth Avenue SouthACORD 2s (2016/03)The ACORD name and logo are registered marks of ACORD
coM M E Rcr AL G E N E RA.r!'ir"ltJI;THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENTCOVERAGESThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE FORMCONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENTGENERAL LIABILITY ULTRA PLUS ENDORSEMENTA. General Liability Ultra Plus Endorsement CL GG 04 92, Provision A. Miscellaneous Additional lnsureds,is revised as follows:1. The following is added to (1) Persons or Organizations For Whom Operations Are performed, c.(l):a. lf the written go.ntrrylspgcifica]ly requires you to provide additional insured coverage via the 10/01 editionof cG 20 10 (aka cG 20 10 10 01) or via ihe t tles eoition of GG 20 10 (aka ccio to tl gii tnen inparagraph 1.c.(1)(c)., the words caused in whole or in paft by, are replaced by the words arisiiig iut ot.b. For purposes of this additional insured coverage, the terms "you" and "your" refer to the Namedlnsured shown in the Declarations.B. CONTRACTUAL LIABILITY. RAILROADSThe following coverage is added:1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of"insured contract" in section V - Definitions is replaced by thefollowing:9. "lnsured Contract" means:a. A contra_ct for a lease of premises. However, that portion of the contract for a lease of premises thatindemnifies any person or organization for damage by fire to premises while renied to you ortemporarily occupied by you with permission of the owner is not an "insured contract";b. A sidetrack agreement;c. Any easement or license agreement;d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with workfor a municipality;e. An elevator maintenance agreement;f. That part of any other contract or agreement pertaining to your business (including an indemnificationof a municipality in connection with work performed for a municipality) underwhich you assume the tort liability of another party to pay for "bodily injury" or property damage" to athird perso_n or organization. Tort liability means a liability that would be imposed by law- in theabsence of any contract or agreement.Paragraph f. does not include that part of any contract or agreement:(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions,reports, surveys, field orders, change orders or drawings and specifications;oi(b) Giving directions or instructions, or failing to give them, if that is the primary cause of theinjury ordamage;(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury ordamage arising out of the insured's rendering or failure to render professional services, initudinglncludes copyrighted material of lnsurance ServicesOffice, lnc,, with its permissioncL cG 05 29 10 18Page 1 of2
those.listed in Paragraph (1) above and supervisory, inspection, architectural or engineeringactivities.2. Other lnsuranceFor purposes of this endorsement, the following is added to the section lv - commercial General LiabilityConditions, 4 Other lnsurance condition and supersedes any provision to the contrary.This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for"your work" performed for a Railroad ?yl, if required by a written contract or written agreement to be pr-imaryand noncontributory, this insurance will be primary to and will not seek contributionirom any insurdnie onwhich the Railroad is a Named lnsured.No other coverage or limit in the policy applies to loss or damage insured by this coverage.C. AGGREGATE LIMITS OF INSURANCEThe following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 0i, GeneratAggregate Limit under SECTION llt- LIM|TS OF TNSURANCE:The General Aggregate Limit under SECTION lll - LIMITS OF INSURANCE applies separatety to each of your1. Projects away from premises owned by or rented to you.2. "Locations" owned by or rented to you."Location" means premises involving the same or connecting lots, or premises whose connection isinterrupted only by a street, roadway, waterway or right-of-way of a railroad.When paragraph B. Construction Proiect General Aggregate Limit on form CL CG 00 20 is a part of thispolicy, then this endorsement CL CG 05 29 paragraph C. Aggregate Limits Of lnsurance does not apply.D. BODILY INJURY REDEFINEDThe definition of "Bodily injury' in the Definitions section of the COMMERCIAL GENERAL LlABtLtTyCOVERAGE FORM CG 00 01 is replaced by the following:"Bodily iniury" means bodily injury, disability, sickness or disease sustained by a person, including deathresulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resultingfrom "bodily injury''.lncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permissionPage 2 ot 2cL cG 05 29 10 18
COMM ERCIAL GEN ERAL LIABILITYcL cc 20 71 09 16THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.ADDITIONAL INSURED . OWNERS, LESSEES,CONTRACTORS OR OTHERS - COMPLETED OPERATIONS. AUTOMATIC STATUS, INCLUDING PRIMARYNONCONTRIBUTORYThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTA. SECTION ll - WHO lS AN TNSURED is amendedto include as an additional insured any person(s)or organization(s) when you are obligated byvirtue of a written contract or agreement thatsuch person or organization(s) be added as anadditional insured to your policy.Such person(s) or organization(s) is an additionalinsured only with respect to liabitity for "bodilyinjury" or "property damage" or "personal andadvertising injury" caused, in whole or in part by:(1) Acts or omissions of the Named lnsured;or(2) The acts or omissions of those acting onbehalf of the Named lnsured;and included in the "products-completedoperations hazard"This insurance applies only when you are requiredto add the additional insured by virtue of a writtencontract or agreement, provided the contract oragreement is:1. Currently in effect or becomes effective duringthe term of this policy; and2. Was executed prior to the "bodily injury" or"property damage" or "personal andadvertising injury".However:a. The insurance afforded to such additionalinsured only applies to the extent permitted bylaw;andb. If coverage provided to the additional insuredis required by a contract or agreement, theinsurance afforded to such additional insuredwill not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured.For purposes of this endorsement, throughoutthe policy, the terms "you" and "your" refer tothe Named lnsured shown in the Declarations.B. ExclusionsWith respect to the insurance afforded to theseadditional insureds, the following additionalexclusions apply to "bodily injury" and "propertydamage" arising out of:1. The rendering of or failure to render anyprofessional services by you or on your behalf,but only with respect to either or both of thefollowing operations:a. Providing engineering, architectural orsurveying services to others in yourcapacity as an engineer, architect orsurveyor; andb. Providing, or hiring independentprofessionals to provide, engineering,architectural or surveying services inconnection with construction work youperform.This exclusion applies even if the claims againstany insured allege negligence or otherwrongdoing in the supervision, hiring,employment, training or monitoring of others bythat insured, if the "occurrence" which caused the"bodily injury" or "property damage", orthe offensewhich caused the "personal and advertisinginjury", involved the rendering of, or the failure torender, any professional architectural, engineeringor surveying services.2. Subject to Paragraph 3. below, professionalservices include:a, Preparing, approving, or failing to prepareor approve, maps, shop drawings,opinions, reports, surveys, field orders,change orders, or drawings andspecifications; andlncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permissioncL cG 20 71 09 16Page 1 of 2
b. Supervisory or inspection activitiesperformed as part of any relatedarchitectural or engineering activities.3. Professional services do not include serviceswithin construction means, methods,techniques, sequences and proceduresemployed by you or performed by or for theconstruction manager, its employees or itssubcontractors in connection with yourongoing operations.C. Limits of lnsuranceWith respect to the insurance afforded to theseadditional insureds, the following is added toSection lll - Limits Of lnsurance:lf coverage provided to the additional insured isrequired by a contract or agreement, the most wewill pay on behalf of the additionat insured is theamount of insurance:1. Required by the contract or agreement; or2. Available under the applicable Limits oflnsurance shown in the Declarations;whichever is less.This endorsement shall not increase theapplicable Limits of lnsurance shown in theDeclarations.D. Other lnsuranceFor purposes of this endorsement, the following isadded to the Section lV - Commercial GeneratLiability Conditions, 4. Other lnsurancecondition and supersedes any provision to thecontrary:This insurance is excess of all other insuranceavailable to an additional insured whether on aprimary, excess, contingent or any other basis.But, if required by a written contract or writtenagreement to be primary and noncontributory, thisinsurance will be primary to and will not seekcontribution from any insurance on which theadditional insured is a Named lnsured.No other coverage or limit in the policy applies toloss or damage insured by this coverage.lncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permissionPage 2 of 2cL cG 20 71 09 16
THIS ENDORSEilIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.GENERAL LIABILITY ULTRA PLUS ENDORSEMENTThis endorsement modifies insurance provided under the following:COMMERCIAL GENERAL LIABILIry COVERAGE PARTSUMTIARY OF COVERAGE EXTENSIONSThe above is a summary only. Please consult the specific provisions that follow for complete information on theextensions provided.The provisions of the Commercial General LiabilityCoverage Part apply except as otherwise provided inthis endorsement. This endorsement applies only ifsuch Coverage Part is included in this policy.A. MISCELLANEOUS ADDITIONAL INSUREDS1. Section ll - Who ls An lnsurcd is amendedto include as an insured any person ororganization (referred to as an additionalinsured below) described in ParagraphsA.{.c.({) through A.{.c.(9) below when youand such person or organization have agreedlncludes copyrighted materialof lnsurance Services Office, lnc.,with its permissionCOMMERCIAL GENERAL LIABILITYcL cc 04 92 10 {8in writing in a contract or agreement that suchperson or organization be added as anadditional insured on your policy, providedthat:a. The written contract or written agreementis:(1) Currently in effect or becomingeffective during the term of this policy;and(2) Fully executed by you and theadditional insured prior to the "bodilylncluded or Limit oflnsurancelncludedlncludedlncluded$300,000See Declarationslncludedlncludedlncludedlncluded$ 3,000$ 1,000lncludedlncludedlncludedlncludedName Of Goverage ExtensionMiscellaneous Additional I nsuredsExpected Or lntended lnjury Or DamageKnowledgeOccurrenceLegaILiabilityDamageToPremisesRentedToYou(FireLightningSmorFromAutomaticFireProtectiveMedicalPaymentsMobile Equipment RedefinedNewlyFormedOrAcquiredorganization,PartnershiporLimitedLiabiitvComAndExtendedPeriodofWho ls An lnsured - AmendmentNon-OwnedWatercraft (lncreased to maximum length of less than 51fee0Supplementary Payments - lncreased Limitsl. Bail Bonds2. Loss Of EarningsUnintentionalOmission Or Unintentional Error ln DisclosureWaiver Of Transfer Of Rights Of Recovery Against OthersLiberalization ClauseI ncidental Medical MalpracticeProvisionA.B.c.D.EFG.H.l.J.K.L.M.N.cL cG 04 92 l0 18Page t of8
injury", "property damage" or"personal and advertising injury,,.b. The insurance afforded by this provisiondoes not apply to any person ororganization included as an additionalinsured by a separate endorsementissued by us and made a part of this policyor coverage part.c. Only the following persons ororganizations are additional insuredsunder this provision, with coverage forsuch additional insureds limited asprovided herein:({) Percons or Organizations ForWhom Operations Are performed(a) Any person or organization forwhom you are performingoperations when you and suchperson or organization haveagreed in writing in a contract oragreement that such person ororganization be added as anadditional insured to your policy,and(b) Any other person or organizationyou are required to add as anadditional insured under thecontract or agreement describedin paragraph (a) above.(c) Such person(s) or organization(s)is an additional insured only withrespect to liability for "bodilyinjury", "property damage" or"personal and advertising injury"caused, in whole or in part, by:(i) Your acts or omissions; or(ii) The acts or omissions ofthose acting on your behalf;in the performance of your ongoingoperations for the additional insured.(d) With respect to the insuranceafforded to these additionalinsureds, the following additionalexclusions apply:This insurance does not apply to:(U "Bodily injury", "propertydamage" or "personal andadvertising injury" arising outof the rendering of, or thefailure to render, anyprofessional architectural,engineering or surveyingservices, including:lncludes copyrighted material of lnsurance Services Office, lnc.,with its permission(1.{) The preparing, approving,or failing to prepare orapprove, maps, shopdrawings, opinions, reports,surveys, field orders,change orders or drawingsand specifications; or(1.2) Supervisory, inspection,architectural or engineeringactivities.This exclusion applies even if theclaims against any insured allegenegligence or other wrongdoing in thesupervision, hiring, employment,training or monitoring of others by thatinsured, if the "occurrence" whichcaused the "bodily injury" or "propertydamage", or the offense whichcaused the "personal and advertisinginjury", involved the rendering of, orthe failure to render, any professionalarchitectural, engineering orsurveying services.(ii) "Bodily injury" or "propertydamage" occurring after:({.1) All work, inctudingmaterials, parts orequipment furnished inconnection with suchwork, on the project(other than service,maintenance or repairs)to be performed by or onbehalf of the additionalinsured(s) at the locationof the covered operationshas been completed; or(1.21 That portion of "yourwork" out of which theinjury or damage ariseshas been put to itsintended use by anyperson or organizationother than anothercontractor orsubcontractor engaged inperforming operations fora principal as a part of thesame project.(2) Managers Or Lessors Of PremisesA manager or lessor of premises butonly with respect to liability arising outof the ownership, maintenance or useof that part of the premises leased tocL cG 04 92 10 18Page 2 of 8
you and subject to the followingadditional exclusions:This insurance does not apply to:(a) Any "occurrence" which takesplace after you cease to be atenant in that premises.(b) Structural alterations, newconstruction or demolitionoperations performed by or onbehalf of such additional insured.(3) Mortgagee, Assignee Or ReceiverA mortgagee, assignee, or receiverbut only with respect to their liabilityas mortgagee, assignee, or receiverand arising out of the ownership,maintenance, or use of a coveredpremises by you.This insurance does not apply tostructural alterations, newconstruction or demolition operationsperformed by or on behalf of suchadditional insured.(4) Owners Or Other lnterests FromWhom Land Has Been LeasedAn owner or other interest from whomland has been leased to you but onlywith respect to liability arising out ofthe ownership, maintenance or use ofthat part of the land leased to you andsubject to the following additionalexclusions:This insurance does not apply to:(a) Any "occurrence" which takesplace after you cease to leasethat land.(b) Structural alterations, newconstruction or demolitionoperations performed by or onbehalf of such additional insured.(5) Lessor Of Leased EquipmentAny person(s) or organization(s) fromwhom you lease equipment but onlywith respect to liability for "bodilyinjury", "property damage" or"personal and advertising injury"caused, in whole or in part, by yourmaintenance, operation or use ofequipment leased to you by suchperson(s) or organization(s).A person's or organization's status asan additional insured under thisendorsement ends when their writtencontract or written agreement withyou for such leased equipment ends.This insurance does not apply to any"occurrence" which takes place afterthe equipment lease expires.(6) State, Municipality, GovemmentalAgency Or Subdivision Or OtherPolitical Subdivision - Permits OrAuthorizations Relating ToPremisesAny state, m u nicipality, governmentalagency or subdivision or otherpolitical subdivision subject to thefollowing additional provisions:(a) This insurance applies only withrespect to:(i) The following hazards forwhich the state, municipality,governmental agency orsubdivision or other politicalsubdivision has issued apermit or authorization inconnection with premises youown, rent or control and towhich this insurance applies:(1.1) The existence,maintenance, repair,construction,'erectionor removal ofadvertising signs,awnings, canopies,cellar entrances, coalholes, driveways,manholes, marquees,hoist away openings,sidewalk vaults, streetbanners or decorationsand similar exposures;or(1.2) The construction,erection or removal ofelevators; or(1.3) The ownership,maintenance or use ofany elevators coveredby this insurance.(ii) Operations performed by youor on your behalf for whichthe state, municipality,governmental agency orsubdivision or other politicalsubdivision has issued apermit or authorization.lncludes copyrighted materialof lnsurance Services Office, lnc.,with its permissioncL cG 04 92 t0 18Page 3 of 8
(b) This insurance does not apply to"bodily injury", "property damage',or "personal and advertisinginjury" arising out of operationsperformed for the state,municipality, governmentalagency or subdivision or otherpolitical subdivision.(7) Gontrolling lnterestAny person(s) or organization(s) witha controlling interest in the Namedlnsured but only with respect to theirliability arising out of:(a) Their financial control of you; or(b) Premises they own, maintain orcontrol while you lease or occupythese premises.This insurance does not apply tostructural alterations, newconstruction or demolition operationsperformed by or for such person(s) ororganization(s).(8) Go-Ourner Of lnsured PremisesA co-owner of a premises co-ownedby you and covered under thisinsurance but only with respect to theco-owneds liability as co-owner ofsuch premises.(9) Vendors(a) Any person(s) or organization(s)(referred to as vendor), but onlywith respect to "bodily injury" or"property damage" arising out of"your products" which aredistributed or sold in the regularcourse of the vendor's business.The insurance afforded thevendor does not apply to:(i) "Bodily injury" or "propertydamage" for which thevendor is obligated to paydamages by reason of theassumption of liability in awritten contract or writtenagreement. This exclusiondoes not apply to liability fordamages that the vendorwould have in the absence ofthe written contract or writtenagreement;(ii) Any express warrantyunauthorized by you;lncludes copyrighted material of lnsurance Services Office, lnc.,with its permission(iii) Any physicat or chemicatchange in the product madeintentionally by thevendor;(iv) Repackaging, except whenunpacked solely for thepurpose of inspection,demonstration, testing, or thesubstitution of parts underinstructions from themanufacturer, and thenrepackaged in the originalcontainer;(v) Any failure to make suchinspections, adjustments,tests or servicing as thevendor has agreed to makeor normally undertakes tomake in the usual course ofbusiness, in connection withthe distribution or sale of theproducts;(vi) Demonstration, installation,servicing or repairoperations, except suchoperations performed at thevendo/s premises inconnection with the sale ofthe product;(vii) Products which, afterdistribution or sale by you,have been labeled orrelabeled or used as acontainer, part or ingredientof any other thing orsubstance by or for thevendor; or(viii) "Bodily injury" or "propertydamage" arising out of thesole negligence of the vendorfor its own acts or omissionsor those of its employees oranyone else acting on itsbehalf. However, thisexclusion does not apply to:(f .f ) The exceptionscontained in Sub-paragraphs (iv) or(vi);or11.21 Such inspections,adjustments, tests orservicing as thevendor has agreed tomake or normallyundertakes to makecL cG 04 92 10 18Page 4 of 8
in the usual course ofbusiness, inconnection with thedistribution or sale ofthe products.(b) This insurance does notapply to any insured personor organization, from whomyou have acquired products,or any ingredient, part orcontainer, entering into,accompanying or containingsuch products.2. With respect to coverage provided by thisProvision A. Miscellaneous Additionallnsurcds, the following additionat provisionsapply:a. Any insurance provided to an additionalinsured designated under ParagraphsA.l.c.(l) through A.1.c.(8) above doesnot apply:({) To "bodily injury" or "propertydamage" included within the"products-completed operationshazard"; or(2) To "bodily injury", "property damage"or "personal and advertising injury"arising out of the sole negligence ofsuch additional insured.b. The insurance afforded to such additionalinsured only applies to the extentpermitted by law.c. The insurance afforded to such additionalinsured will not be broader than that whichyou are required to provide by the writtencontract or written agreement.3. With respect to the insurance afforded to theadditional insureds within this Provision A.Miscellaneous Additional lnsureds, thefollowing is added to Section lll - Limits Oflnsurance:The most we will pay on behalf of theadditional insured is the amount of insurance:a. Required by the written contract or writtenagreement; orb. Available under the applicable Limits Oflnsurance shown in the Declarations'whichever is less.This endorsement shall not increase theapplicable Limits Of lnsurance shown in theDeclarations.B. EXPECTED ORDAMAGEINTENDED INJURY ORExclusion 2.a. Expected Or lntended Injury ofSection I - Goverage A - Bodity Injury AndProperty Damage Liability is deteted andreplaced by the following:a. Expected Or lntended lnjury Or Damage"Bodily injury" or "property damage" expectedor intended from the standpoint of the insured.This exclusion does not applyto "bodily injury"or "property damage" resulting from the use ofreasonable force to protect persons orproperty.C. KNOWLEDGE OF OCCURRENCEParagraph 2.a. Duties ln The Event OfOccurrence, Offense, Claim Or Suit of SectionlV - Commercial General Liability Conditionsis deleted and replaced by the fotlowing:a. You must see to it that we are notified as soonas practicable of an "occurrence" or anoffense which may result in a claim only whenthe "occurrence" or offense is known to:(1) You, if you are an individual;(2) A partner, if you are a partnership;(3) A manager, if you are a limited tiabititycompany; or(4) An "executive officer" or the "employee"designated by you to give such notice, ifyou are an organization other than apartnership or a limited liability company.To the extent possible, notice should include:(i) How, when and where the "occurrence" oroffense took place;(ii) The names and addresses of any injuredpersons and witnesses; and(iii) The nature and location of any injury ordamage arising out of the "occurrence" oroffense.D. LEGAL LIABILITY - DAMAGE TO PREMISESRENTED TO YOU (Fire, Lightning, Explosion,Smoke, Or Leakage From Automatic FireProtective Systems)lf damage to premises rented to you is nototherwise excluded from this policy or coveragepart, then the following provisions apply:1. Under Section I - Goverage A - Bodilylnjury And Property Damage Liability, thelast paragraph (afterthe exclusions) is deletedand replaced by the following:lncludes copyrighted materialof lnsurance Services Office, lnc.,with its permissioncL cG 04 92 10 18Page 5 of 8
Exclusions c. through n. do not apply todamage by fire, lightning, explosion, "smoke",or leakage from automatic fire protectivesystems to premises while rented to you ortemporarily occupied by you with thepermission of the owner. A separate limit ofinsurance applies to this coverage asdescribed in Section llt Limits Oflnsurance.2. The paragraph immediately after Sub-paragraph j.(6) of Paragraph 2. Exclusions ofSection I - Goverage A - Bodity lnjury AndProperty Damage Liability is deteted andreplaced by the following:Paragraphs ({), (3) and (4) of this exctusiondo not apply to "property damage" (other thandamage byfire, lightning, explosion, "smoke",or leakage from automatic fire protectivesystems) to premises, including the contentsof such premises, rented to you for a period ofseven or fewer consecutive days. A separatelimit of insurance applies to Damage ToPremises Rented To You as described inSection lll - Limits Of lnsurance.3. Paragraph 6. of Section lll - Limits Oflnsurance is deleted and replaced by thefollowing:6. Subject to Paragraph 5. above, thegreater of:a. $300,000; orb. The Damage To Premises Rented ToYou Limit shown in the Declarations,is the most we will pay under Coverage Afor damages because of "propertydamage" to premises while rented to you,or in the case of damage by fire, lightning,explosion, "smoke", or leakage fromautomatic fire protective systems, whilerented to you or temporarily occupied byyou with permission of the owner.This limit will apply to all damageproximately caused by the same event,whether such damage results from fire,lightning, explosion, "smoke", leakagefrom automatic fire protective systems, orother covered causes of loss or anycombination thereof.4. Subparagraph b.(l)(a)(ii) of Paragraph 4.Other lnsurance of Section lVGommercial General Liability Gonditions isdeleted and replaced by the following:(ii) That is fire, lightning, explosion, "smoke"or leakage from automatic fire protectivesystems insurance for premises rented toyou or temporarily occupied by you withpermission of the owner;5. Subparagraph a. of Definition 9. ,'lnsuredcontract" of Section V - Definitions isdeleted and replaced by the following:a. A contract for a lease of premises.However, that portion of the contract for alease of premises that indemnifies anyperson or organization for damage by fire,lightning, explosion, ',smoke" or leakagefrom automatic fire protective systems topremises while rented to you ortemporarily occupied by you withpermission of the owner is not an "insuredcontract".6. As used in this Provision D. Legal Liability -Damage To Premiss Rented To you:"Smoke" does not include smoke fromagricultural smudging, industrial operations or"hostile fire"-E. MEDICAL PAYMENTSThe Medical Expense Limit is changed, subject tothe terms of Section lll - Limits Of Insurance, tothe Medical Expense Limit shown in theDeclarations.F. MOBILE EQUIPMENT REDEFINEDSubparagraph f.(f) of Definition 12. "Mobiteequipmenf' of Section V - Definitions is deletedand replaced by the following:(l) Equipment with a gross vehicte weight of1,000 pounds or more and designed primarilyfor:(a) Snow removal;(b) Road maintenance, but not constructionor resurfacing; or(c) Street cleaning;G. NEWLY FORMED OR ACQUIREDORGANIZATION, PARTNERSHIP OR LIiIITEDLIABILITY COTPANY AND EXTENDEDPERIOD OF COVERAGEParagraph 3. of Section ll - Who ls An lnsuredis deleted and replaced by the following:3. Any organization you newly acquire or form,other than a joint venture, and over which youmaintain ownership or:a. Majority interest of more than 50% if youare a corporation;b. Majority interest of more than 50% as ageneral partner of a newly acquired orformed partnership; and/orlncludes copyrighted material of lnsurance Services Office, lnc.,with its permissioncL cG 04 92 t0 {8Page 6 of 8
c. Majority interest of more than 50% as anowner of a newly acquired or formedlim ited tiabitity company;will qualify as a Named lnsured if there is noother similar insurance available to thatorganization. However, for theseorganizations:(i) Coverage under this provision is affordedonly until the next anniversary date of thispolicy's effective date after you acquire orform the organization, partnership orlimited liability company, or the end of thepolicy period, whichever is earlier;(ii) Section l - Coverage A - Bodity InjuryAnd Property Damage Liability does notapply to "bodity injury" or "propertydamage" that occurred before youacquired or formed the organization,partnership or limited liability company;(iii) Section I - Coverage B - personal AndAdvertising lnjury Liability does notapply to "personal and advertising injury"arising out of an offense committed beforeyou acquired or formed the organization,partnership or limited liability company;(iv) Coverage applies only when operations ofthe newly acquired organization,partnership or limited liability company arethe same or similar to the operations ofinsureds already covered under thisinsurance;(v) Coverage only applies for those timitedliability companies who have establisheda date of formation as recorded within thefiled state articles of organization,certificates of formation or certificates oforganization; and(vi) Coverage only applies for thosepartnerships who have established a dateof formation as recorded within a writtenpartnership agreement or partnershipcertificate.H. WHO IS AN INSURED -AilIENDTIIENTThe last paragraph of Section ll - Who ls Anlnsured is deleted and replaced by the following:No person or organization is an insured withrespect to the conduct of any:a. Current partnership or limited liabilitycompany, unless otherwise provided for underParagraph 3. of Section ll - Who ls Anlnsured;b. Current joint venture; orc. Past partnership, joint venture or limitedliability company;that is not shown as a Named lnsured in theDeclarations.I. NONOWNED WATERCRAFTSubparagraph (2) of Exclusion 2.g. Aircraft,Auto OrWatercraft of Section I - Coverage A -Bodily lnjury And Property Damage tiaOitity isdeleted and replaced by the foltowing:(2) A watercraft you do not own that is:(a) Less than 51 feet long; and(b) Not being used to carry persons orproperty for a charge.J. SUPPLEilIENTARY PAYMENTS - INCREASEDLITITSSection I - Supplementary paymentsGoverages A And B is changed as follows:1. The limit shown in Paragraph i.b. for the costof bail bonds is changed from $250 to 93,000;and2. The limit shown in Paragraph l.d. for loss ofearnings because of time off from work ischanged from $250 a dayto $1,000 a day.K. UNINTENTIONAL OMISSION ORUNINTENTIONAL ERROR IN DISCLOSUREThe following provision is added to Paragraph 6.Representations of Section lV - GommercialGeneral Liability Conditions:However, the unintentional omission of, orunintentional error in, any information given orprovided by you shall not prejudice your rightsunder this insurance.This provision does not affect our right to collectadditional premium or to exercise our right ofcancellation or non-renewal.L. WAIVER OF TRANSFER OF RIGHTS OFRECOVERY AGAINST OTHERSThe following is added to Paragraph 8. TransferOf Rights Of Recovery Against Othes To Us ofSection lV - Gommercial General LiabilityGonditions:We waive any right of recovery we may haveagainst any person or organization because ofpayments we make for injury or damage arisingout of your ongoing operations or "your work" andincluded in the "products-completed operationshazard" when you have agreed in a writtencontract or written agreement that any right ofrecovery is waived for such person ororganization. This waiver applies only to thelncludes copyrighted materialof lnsurance Services Office, lnc.,with its permissioncLcGM9210l8Page 7 of 8
person(s) or organization(s) agreed to in thewritten contract or written agreement and issubject to those provisions.This waiver does not apply unless the writtencontract or written agreement has been executedprior to the "bodily injury" or',property damage".However, if any person or organization isseparately scheduled on a separate waiver oftransfer of rights of recovery which is attached tothis policy, then this waiver does not apply.M. LIBERALIZATION CLAUSEThe following is added to Section lVGommercial General Liability Conditions:lf we adopt a mandatory attachment form changewhich broadens coverage under this edition of theCommercial General Liability CG0001 for noadditional charge, and those changes areintended to apply to all insureds under this editionof CG0001, that change wiil automaticaily appty toyour insurance as of the date we implement thechange in your state. This liberalization clausedoes not apply to changes implemented throughintroduction of a subsequent edition of theCommercial General Liability form CG0001.N. INCIDENTAL MEDICAL MALPRACTICE1. Paragraph 2.a.(f )(d) of Section ll - Who tsAn Insured does not apply to a physician,nurse practitioner, physician assistant, nurse,emergency medical technician or paramedicemployed by you if you are not in the businessor occupation of providing medical,paramedical, surgical, dental, x-ray or nursingservices.2. This provision is excess over any other validand collectible insurance whether suchinsurance is primary, excess, contingent or onany other basis. Any payments by us willfollow Paragraph 4.b. of Section lV -Commercial General Liability Conditions.lncludes copyrighted material of lnsurance Services Office, lnc.,with its permissioncL cG 04 92 l0 t8Page 8 of 8
COMMERCIAL G ENERAL LIABILITYcL cc 00 20 10 18THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.CONTRACTOR GENERAL LIABILITY PLATINUMENDORSEMENTThis endorsement modifies insurance provided under the followingCOMMERCIAL GENERAL LIABILITY COVERAGE PARTA. PROPERTY DAMAGE TO BORROWED EQUIPMENT1- lqtqqqp! 2.i. ol sEcrloN I - covERAGEs, covERAGE A BODtLy tNJURy AND pROpERTyDAMAGE LIABILITY is amended as foltows:Paragraphs (3) and (4) of this exclusion do n9t apply to tools or equipment loaned to you, provided they arenot being used to perform operations at the time of loss.2. SECTION lll - LIMITS OF INSURANCE is deleted and replaced by the fottowing:The most we will pay in any one "occurrence" for "property damage" to borrowed equipment is $15,000.This limit of insurance is the most we will pay regardless of the number of:a. lnsureds;b. Claims made or "suits" brought; orc. Persons or organizations making claims or bringing ,'suits".3. Deductiblea. Our obligation-to pay _damages on behalf of the insured applies only to the amount of damages inexcess of $250 as applicable to "property damage" as the result of any one "occurrence", regardl-ess ofthe number of persons or organizations who sustain damages because of that "occurrence". -b. The terms of this insurance, including those with respect to our right and duty to defend the insuredagainst any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or"suit" apply irrespective of the application of the deductible amount.c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, uponnotification of the action taken; you shall promptly reimburse us for such part 6f the deductible amountas we have paid.B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under COVERAGE A (SECTION l), and for all medical expenses caused by bccidents under COVERAGEC (SECTION l), which can be attributed only to ongoing operations at a single construction project awayfrom premises owned by or rented to the insured:a. A Single Construclion Project GeneralAggregate Limit applies to each construction project away frompremises owned by or rented to the insured, and that limit is equal to the amount dt tne G-eneralAggregate Limit shown in the Declarations.b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of alldamages under COVERAGE A, except damages because of "bodily injury" or "property damage"included in the "products-completed operations hazard", and for medical expenses under COVERAGEC regardless of the number of:(1) Insureds;(2) Claims made or "suits" brought; or(3) Persons or organizations making claims or bringing "suits".lncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permissioncL cG 00 20 10 18Page 1 of4
c' Any payments made under covERAGE A for damages or under covERAGE G for medical expensesshall reduce the single construction Prolgct ceneratlgg;jate t-imit for thai ionstiuction project awayfrom premises owned by or rented to the insuieo. "5u"i-p"vrents shall not reduce the GeneralAggregate Limit shown in the Declarations nor shall they redJte.any other Single Construction projectGeneral Aggregate Limit for any other separate construttion project away from premises owned by orrented to the insured.d' The limits shown in the Declarations for Each occurrence, Fire Damage and Medical Expense continueto apply. However, instead of being.subject to the Generat.Aggregati Limiishown in th'e D;6r"tion",such limits will be subject to the applicabie Single Constructioi-projeii C"n"Lr RggregJtelirii -- -2' For all sums which the insured becomes leg.ally obligated to pay as damages caused by ,,occurrences,,under coVELGF.4 (sEcTloN l), qnd for Jl medical expens6s'caused byiccidents under CoVERAGEc (sEcTloN l), which cannot be dttributed only to ongoing operation" "i i'.ing" designated constructionproject away from premises owned by or rentedto the i-nsured:a' Any payments made under GOVEFAGE A for damages or under COVERAGE C for medical expensesshall reduce the amount available under the GenSral Aggregate r-imii oi the produCts-corf,pieteoOperations Aggregate Limit, whichever is applicabte; andb. Such payments shall not reduce any Single Construction Project GeneralAggregate Limit.3. When coverage for liability arisin_g out of the "products-completed operations hazard" is provided, anypayments for damages because of "bodily injury" or "property d'amage" included in the "prodult"-"orlf"t"Uoperations hazard" will reduce the Products-Completed Oferationi Aggregate Limit, and not reduce theGeneral Aggregate Limit or the Single Construction Project beneratngd;g;t- t-imit.4- lf the applicable construclion project away from premises owned by or rented to the insured has beenabandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate fromplans, blueprints, designs, specifications or timetables, the project will still Oe Oeeir'eO to be the sameconstruction project.5. The provisions of Limits Of lnsurance (SECTION lll) not otherwise modified by this endorsement shallcontinue to apply as stipulated.C. LIMITED JOB SITE POLLUTION1. Exclusion f. under section I - coverage A is replaced by the following:2. ExclusionsThis insurance does not apply to:f. Pollution(1) "Bodily iljury" or "property damage" arising out of the actual, alleged or threatened discharge,dispersal, seepage, migration, release or escape of ',pollutants":(a) At or from any premises, site or location on which any insured or any contractors orsubcontractors working directly or indirectly on any insuredjs behalf are performing operationsif the operations are to test for, monitor, clean up, remove, 6ontain, treat, detoxify o-r n'eutralize,or in any way respond to, or assess the effects of, "pollutants',; or(b) At or from a storage tank or other container, ducts or piping which is below or partially belowthe surface of the ground or water or which, at any time, hai been buried under the surface ofthe ground or water and then subsequently exposed by erosion, excavation or any othermeans if the actual, alleged or threatened discharge, dispersal, seepage, migration, rel6ase orescape of "pollutants" arises at or from any premises, site or location wnicn any insured or anycontractors or subcontractors working directly or indirectly on any insured's behalf areperforming operations if the "pollutants" are brought on or to the premises, site or location inconnection with such operations by such insured, contractor or subcontractor.Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat,smoke or fumes from a "hostile fire".(2) Any loss, cost or expense arising out of any:(a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to anyenvironmental protection or environmental liability statutes or regulations that any insured testfor, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to,or assess the effects of, "pollutants"; orI ncludes copyrig hted material of I ns urance ServicesOffice, lnc., with its permissionPage2of 4cL cG 00 20 10 t8
(b) Claim or suit by or on behalf of.a governmental.authorityfor damages because of testing for,monitoring, cleaning up, removing, c-ontaining, treating,'detoiiivinl] or neutralizing or in anyway responding to or assessing the effects of,-,,pollutaritsHowever, this paragraph does not apply_to liability for those sums the insured becomes legalyobligated to pay as damages because 6t "property damage" that thelnsured would have in theabsence of such request, demand, order or statuiory or iegulatory requirement, or such claimor "suit" by or on behalf of a governmental authority.2' With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threateneddischarge, dispersal, seepage, migration, relbase or6scape of-"pollutants';- -- --a. The "Each occurrence Limit" shown in the Declarations does not apply.b. Paragraph 7. of Limits of rnsurance (section ilr) does not appry.c. Paragraph 1. of Section lll - Limits Of lnsurance is replaced by the following:The Limits Of lnsurance shown in this endorsement, or in the Declarations and the rules below fix themost we will pay regardless of the number of:(1) lnsureds;(2) Claims made or "suits" brought; or(3) Persons or organizations making claims or bringing "suits".d. The following are added to Section lll - Limits Of lnsurance:8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of.a. Damages under Coverage A; andb. Medical expenses under Coverage Cbecause of "bodily injury" or "property damage" arising out of the actual, alleged or threateneddischarge, dispersal, seepage, migration, release or escape of "pollutants" is $t0b,000 aggregate.9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for allmedical expenses because of "bodily injury" sustained by any one person arising out of the actual,alleged or threatened discharge, dispersal, seepage, migration, release or escap6 of "pollutants".D. VOLUNTARY PROPERTY DAMAGE1. The following is added to Section 1 - GOVERAGES:We will pay, at your request for "property damage" to that part of any property:a. Which you or any subcontractors working directly or indirectly on your behalf are performingoperations; orb. That must be restored, repaired or replaced because "your work" was incorrectly performed on it.This insurance applies only to "property damage" to property of others while in your care, custody, orcontrol, and arising out of operations away from your insured premises and incidental to your business.Exclusions j.(3),(4),(5) and (6) do not appty to this coverage.This insurance does not apply to "property damage" included within the "explosion hazard", the"collapse hazard" or the "underground property damage hazard".2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTTON lil -LIMITS OF INSURANCE is replaced by the foilowing:A. Limits of lnsurance1. Unless a higher limit is shown in the Declarations, the most we will pay in any one "occurrence" for"property damage" under this endorsement is $15,000.2. Unless a higher limit is shown in the Declarations, the most we will pay for all covered"occurrences" during any one policy period is $15,000 Aggregate Limit of lnsurance.The Limits of lnsurance of this endorsement apply separately to each consecutive annual period and toanyremaining period of less than 12 months, starting with the beginning of the policy period shown inthe Declarations, unless the policy period is extended after issuance for an additional period of lesslhan 12 months. ln that case, the additional period will be deemed part of the last preceding period forlncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permissioncL cG 00 20 10 18Page 3 of 4
3purposes of determining the Limits of lnsurance.Deductiblea' our obligation-lo pay damages on behalf of..the insured applies only to the amount of damages inexcess of $250 as the result of any one "occurrence", iegardless of the nrrb", of persons ororganizations who sustain damages because of that "occuirende',.b' The terms of this insurance,. including those with respect to our right and duty to defend the insuredagainst any "suits" seeking. those damages; and your duties in thelvent of an "occurrence,,, claim, or"suit" apply irrespective of the apprication of the d6ductible amount.c' W9.-T"y pay-a|Y part or all of the deductible amount to effect settlement of any claim or suit and, uponnotification of the action taken; you shall promptly reimburse us for such part otine Ceductible amountas we have paid.lq_llg,pufooses of t[e- goygllge provided by D. voLUNTARy pRopERTy DAMAGE, SECTTON tV -coMMERcIAL GENERAL LtABtLtry coNDtftoNS is amended as foilows:a. The following is added to paragraph 2. Duties ln The Event Of Occurrence, Offense, Claim or Suit:ln the event of loss covered by this endorsement, the insured shall, if requested by us, replace theproperty or furnish the labor and materials necessary for repairs at actual cost to the insured, bxcluOingprospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at ou-roption, become our property. Any payment made oy us 6n'att hot Lonsiitute an admission or rra6iriiv-ovan insured, or by us.b. Paragraph 4. Other lnsurance is amended as follows:(1) Paragraph 4.a. Primary lnsurance is deleted.(2) Subparagraphs (1) and (2) of paragraph 4.b. Excess lnsurance are deleted and replaced with thefollowing:This insurance is excess over any of the other insurance, whether primary, excess, contingent or on anyother basis.All other provisions that apply to paragraph 4. Other lnsurance contained in the Commercial GeneralLiability Coverage Form are applicable.fo1 the purposes of the_covelqge provide{ by D. VOLUNTARY PROPERTY DAMAGE, the foilowingdefinitions are added to SEGTION V - DEF|NtTtONS:a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to anyother property at any time.b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosionhazard" does not include "property damage" arising out of the explosion of air or steam vessels, pipingunder pressure, prime movers, machinery or power transmitting equipment.c. "Structural property damage" means the collapse of or structural injury to any building or structure dueto:(l) Grading of land, excavating, burrowing, filling, back-filling, tunneling, pile driving, cofferdam work orcaisson work; or(2) Moving, shoring, underpinning, raising or demolition of any building or structure or removal orrebuilding of any structural support of that building or structure.d. "Underground property damage hazard" includes "underground property damage" and any resulting"property damage" to any other property at any time.e. "Underground property damage" means "property damage" to wires, conduits, pipes, mains, sewers,tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of theground or water, caused by and occurring during the use of mechanical equipment for the purpose ofgrading land, paving, excavating, drilling, burrowing, filling, back-filling or pile driving.lncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permission4.5.Page 4 of 4cL cG 00 20 t0 18
COMMERCIAL AUTOcL cA 01 49 06 t7THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COMMERGIAL AUTOMOBILE EXPANSIONENDORSEMENT - PLATINUMThis endorsement modifies insurance provided under the following:BUSINESS AUTO COVERAGE FORMWith respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Formapply unless modified by this endorsement.A. NEWLY ACQUIRED OR FORMEDORGANIZATIONSThe following is added to Paragraph A.1. Who lsAn lnsured of Section ll - Covered Autos LiabilityCoverage:Any organization you newly acquire or form, otherthan a partnership, joint venture or limited liabilitycompany or any organization excluded either bythis Coverage Part or by endorsement, and overwhich you maintain ownership or majority interestof more than 50 percent will qualify as a Namedlnsured. However:'|-. This insurance does not apply to any newlyacquired or formed organization that is an"insured" under any other automobile policy orwould be an "insured" under such policy butfor its termination or the exhaustion of its Limitof lnsurance.2. Coverage does not apply to "bodily injury" or"property damage" that occurred before youacquired or formed the organization.3. Coverage under this provision is afforded onlyuntil the 180th day after you acquire or formthe organization or the end of the policyperiod, whichever is earlier.B. ADDITIONAL INSURED BY CONTRACT ORAGREEMENTThe following is added to Paragraph A.1., Who tsAn lnsured of Section ll - Covered Autos LiabilityCoverage:When you have agreed in a written contract oragreement to include a person or organization asan additional "insured", such person ororganization is included as an "insured" subject tothe following:1. Such person or organization is an additional"insured" only to the extent such person ororganization is liable for "bodily injury" orlncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permission"property damage": because of the conduct ofan "insured" under Paragraphs a. or b. underParagraph A.1. Who ls An lnsured of Sectionll - Covered Autos Liability Coverage, causedby an "accident" and resulting from theownership, maintenance or use of a covered"auto";2. The written contract or agreement describedabove must have been executed prior to the"accident" that caused the "bodily injury" or"property damage" and be in effect at the timeof such "accident";3. The insurance afforded to any such additional"insured" does not apply to any "accident"beyond the period of time required by thewritten contract or agreement describedabove;4. The most we will pay on behalf of suchadditional "insured(s)" is the lesser of:a. The Limits of lnsurance specified in thewritten contract or agreement describedabove; orb. The Limits of lnsurance shown in theDeclarations.This provision shall not increase the Limit oflnsurance shown in the Declarations in thispolicy or coverage part; and5. The following changes are made to Paragraph5. Other lnsurance of B. General Conditionsunder Section lV - Business Auto Conditions:a. The following is added to Paragraph S.a.:lf required by the written contract oragreement described above, theinsurance afforded to the additionalinsured under this provision will beprimary to, and will not seek contributionfrom, the additional insured's owninsurance.cL cA 0{ 49 06 17Page 1 of5
b. Paragraph 5.c. is deleted in its entirety.6. Paragraph A.1.c. under Section ll - CoveredAutos Liability Coverage is deleted in itsentirety.7. The definition of "insured contract', underSection V - Definitions is amended to add thefollowing:An "insured contract" does not include thatpart of any contract or agreement:That pertains to the ownership, maintenanceor use of an "auto" and which indemnifies aperson or organization for other than thevicarious liability of such person ororganization for "bodily injury" or "propertydamage" caused by your operation or use ofa covered "auto".However, a person or organization is anadditional "insured" under this provision onlyto the extent such person or organization isnot named as an "insured" by separateendorsement to this policy.C. EMPLOYEES AS INSUREDSThe following is added to Paragraph A.1. Who tsAn lnsured Section ll - Covered Autos LiabitityCoverage:Any "employee" of yours is an "insured" whileusing a covered "auto" you don't own, hire orborrow in your business or your personal affairs.D. INCREASED COVERAGE - BAIL BONDSThe Supplementdry Payments CoverageExtension of Section ll - Covered Autos LiabilityCoverage is amended as follows:The Limit of lnsurance in paragraph A.2.a.(2) isincreased to $5,000.E. INCREASED COVERAGE - LOSS OFEARNINGSThe Supplementary Payments CoverageExtension of Section ll - Covered Autos LiabilityCoverage is amended as follows:The Limit of lnsurance in paragraph A.2.a.() isincreased to $1,000.F. FELLOW EMPLOYEE COVERAGEThe Fellow Employee Exclusion contained inSection ll - Covered Autos Liability Coverage doesnot apply. This coverage is excess over any othercollectable insurance.G. COVERAGE EXTENSION . TRANSPORTATIONEXPENSESParagraph A.4.a. Transportation Expenses ofSection lll - Physical Damage Coverage isamended as follows:1. The Limits of lnsurance are increased to $75per day to a maximum of $2,500.2. We wili atsoexpenses to"auto" to you-pay reasonable and necessaryfacilitate the return of the stolen3. lt is agreed and understood and it is our statedintent that expenses incurred by you undertheTransportation Expenses CoverageExtension will not also be covered or pa-idunder the Rental Reimbursement Coveiageprwided by this endorsement or any renfalreimbursement coverage added by separateendorsement to this policy.H. EXTENDED GOVERAGE.AIRBAGSThe following is added to Exclusion 8.3.a. ofSection lll- Physical Damage Coverage:However, this exclusion does not apply to theunintended discharge of an airbag.This coverage is excess over any other collectiblernsurance or warranty providing such airbagcoverage.I. AUTO LOAN/LEASE GAP COVERAGEThe following is added to Section ill - physicatDamage Coverage, Paragraph C. Limits oflnsurance.4. ln the event of a total "loss" to a covered"auto", we will pay the lesser of:a. Any unpaid amount due on the lease orloan for a covered "auto", less:(1) The amount under the physicalDamage Coverage section of thepolicy; and(2) Any:(a) Overdue lease/loan payments atthe time of the "loss";(b) Financial penalties imposedunder a lease for excessive use,abnormal wear and tear or highmileage;(c) Security deposits not returned bythe lessor,(d) Costs for extended warranties,Credit Life lnsurance, Health,Accident or Disability lnsurancepurchased with the loan or lease;and(e) Carry-over balances fromprevious loans or leases; orb. $5,000.However, this provision does not apply to theextent loan/lease gap coverage has beenprovided by separate endorsement to thispolicy.lncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permissionPage 2 of 5cL cA 01 49 06 17
J. GLASS REPAIR. NO DEDUCTIBLEThe following is added to paragraph D. Deductibleof Section lll - Physical Damage Coverage:Any Comprehensive Coverage deductible shownin the Declarations does not apply to ',loss', toglass when you elect to patch or repiir rather thanreplace the glass.K. INCREASED COVERAGE . ELECTRONICEQUIPMENTThe $1,000 limit indicated in paragraph C.1.b.under Section lll - Physical Damage Coverage isincreased to $2,500.When fire extinguishers are kept in your covered"auto" and any are dischargeci in an attempt toextinguish a fire, we will pay the lesser oi tneactual cost of recharging or replacing such fireextinguisher(s).No deductible applies to this coverage.O. HIRED AUTO PHYSICAL DAMAGECOVERAGEIh" following is added to paragraph A.4.Coverage_ Extensions of Section lll - physicalDamage Coverage:lf hired "autos" are covered "autos,' for CoveredAutos Liability Coverage and if physical DamageCoverage is provided for any "auto,; you own, th6nthe Physical Damage coverages 'provided areextended to "autos" you lease, rent, hire or borrowfrom someone other than your "employees',,partners or members of their households subjectto the following:1. The most we will pay in any one ',loss,' is thelesser of.a. The actual cash value of the "auto";b. The cost to repair or replace the "auto"; orc. $100,000.2. Paragraph 1. above is subject to a deductible.The deductible shall be equalto the amount ofthe highest deductible shown for any owned"auto" of the same classification for thatcoverage. ln the event there is no owned"auto" of the same classification, the highestdeductible for any owned "auto" will apply forthat coverage.No deductible will apply to "loss" caused byfire or lightning.3. Hired Auto Physical Damage Coverage issubject to the following:a. lf symbol 8 is shown in the Covered Autosection of the Declarations page for any ofthe Physical Damage coverages, then theHired Auto Physical Damage coveragedescribed in this endorsement does notapply.b. Other than indicated in Paragraphs a.directly above, coverage provided underthis provision will be excess over anyother collectible insurance or coverage.4. ln addition to the limit set forth in Paragraph 1.above we will pay up to $500 per day, to amaximum of $3,500 per "loss" for:a. Any costs or fees associated with the"loss" to a hired "auto"; andb. Loss of use of the hired "auto", provided itis the consequence of an "accident" forwhich you are legally liable, and as afh" following is added to paragraph A.4.Coverage Extensions of Section lll-- physicalDamage Coverage:Physical Damage Coverage on a covered "auto"may be extended to "loss" to your personalproperty or, if you are an individual, the personalproperty of a family member, that is in the covered"auto" at the time of "loss" and caused by an"accident" and resulting from the ownerihip,maintenance or use of a covered "auto".The insurance provided by this coverageextension is excess over any other collectibleinsurance. The mostwe will payforany one "loss',under this coverage extension is $500. However,our payment for "loss" to personal property willonly be for the account of the owner of theproperty.Under this provision, personal property does notinclude and we will not pay for "loss" of currency,coins, securities or contraband.No deductible applies to this coverage extension.M. TOWINGParagraph A.2. Towing of Section lll - PhysicalDamage Coverage, is replaced by the following:lf a private passenger type "auto" or light truck"auto" (0-10,000 Lbs. GVW) is provided bothComprehensive and Collision Coverage, we willpay up to $150 for towing and labor costs incurredeach time such "auto" is disabled. lf a medium,heavy or extra-heavy truck or extra-heavy Truck-tractor "auto" (greater than 10,000 Lbs. GMA/) isprovided both , Comprehensive and CollisionCoverage, we will pay up to $250 for towing andlabor costs incurred each time such "auto" isdisabled. However, the labor must be performedat the place of disablement.N. FIRE EXTINGUISHER RECHARGEThe following is added to Paragraph A.4.Coverage Extensions of Section lV - PhysicalDamage Coverage:L. EXTENDED COVERAGEPROPERTYPERSONALI ncludes copyrig hted material of I nsurance ServicesOffice, lnc., with its permissioncL cA 01 49 06 17Page 3 of 5
result of which a monetary loss issustained by the leasing or rentalconcern.However, Paragraph A.4.b. Loss of UseExpenses under Section lll - physical DamageCoverage of the Business Auto ioverage Foindoes not apply.P. RENTAL REIMBURSEMENT COVERAGEWe will pay for rental reimbursement expensesincurred by you for the rental of an "auto" becauseof "loss" to a covered "auto".1. Payment applies in addition to the otherwiseapplicable amount of each coverage you haveon the covered "auto".2. No deductible applies to this coverage.3. We will pay only for those expenses incurredduring the policy period beginning 24 hoursafter the "loss" and ending, regardless of theexpiration date of the policy, with the lesser ofthe following number of days:a. The number of days when the covered"auto" has been repaired or replaced, orb. 45 days.4. Our payment is limited to the lesser of thefollowing amounts:a. Necessary and actual expenses incurred;orb. Not more than $75 for any one day;5. We will pay up to an additional $300 for thereasonable and necessary expenses youincur to remove your materials and equipmentfrom the covered "auto" and replace suchmaterials and equipment on the rental "auto".6. This coverage does not apply while there arespare or reserve "autos" available to you foryour operations.7. lf "loss" results from the total theft of a covered"auto" of the "private passenger type", we willpay under this coverage only that amount ofyour rental reimbursement expenses which isnot already provided for under the PhysicalDamage Coverage Extension of the BusinessAuto Coverage Form or any endorsementsthereto.However, this provision does not apply to theextent that rental reimbursement is providedby separate endorsement to this policy.Q. DRIVE OTHER CAR COVERAGE1. The following is added to Section ll - CoveredAutos Liability Coverage:a. Any "auto" you don't own, hire or borrowis a covered "auto" for Liability Coveragewhile being used by:lncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permission(1) You, if you are designated in theDeclarations as an individual;(2) Your partners or members, if you aredesignated in the Declarations as apartnership or joint venture;(3) Your members or managers, if youare designated in the Declarations asa limited tiabitity company;(4) Your executive officers if you aredesignated in the Declarations as anorganization other than an individual,partnership, joint venture or limitedliability company; and(5) The spouse of any person named inParagraphs 1.a.(i). through 1.a.(4)while a resident of the samehousehold'Except.(a) Any "auto" owned by thatindividual or by any member of hisor her household.(b) Any "auto" used by that individualor his or her spouse while workingin a business of selling, servicing,repairing or parking "autos".2. Changes In Auto Medical Payments AndUninsured And Underinsured MotoristsCoveragesThe following is added to Who ls An lnsured:Any individual named in 1.a above and his orher "fami! members" are "insured" while"occupying" or while a pedestrian when beingstruck by any "auto" you don't own except:Any "auto" owned by that individual or by any"family membed'.3. Ghanges ln Physical Damage CoverageAny private passenger type "auto" you don'town, hire or borrow is a covered "auto" whilein the care, custody or control of any individualnamed in Q.l.a. above or his or her spousewhile a resident of the same house-holdexcept:a. Any "auto" owned by that individual or byany member of his or her household; orb. Any "auto" used by that individual or his orher spouse while working in a business ofselling, servicing, repairing or parking"autos".4. The most we will pay for the total of alldamages under Covered Autos LiabilityUninsured Motorists Coverage andUnderinsured Motorists Coverage is the LimitOf lnsurance shown in the Declarations asapplicable to owned "autos".Page 4 of 5cL cA 01 49 06 17
5. Our obligation to pay for, repair, return orreplace damaged or stolen property underPhysical Damage Coverage, will be ieducedby a deductible equal to the amount of thehighest deductible shown for any ownedprivate passenger type ,'auto,' appiicable tothat coverage. lf there are no owned privatepassenger type "autos", the deductible shallbe $250 for Comprehensive Coverage and$500 for Cotlision Coverage. No deductiblewill apply to "loss" caused by fire or lightning.6. Additional DefinitionAs used in this DRIVE OTHER CARProvision:"Fami$ member" means a person related tothe individual named in 1.a. by blood,marriage or adoption who is a resident of theindividual's household, including a ward orfoster child.R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIToR LOSSThe following is added to Paragraph A.2. ofSection lV - Business Auto Conditions:Your obligation to provide prompt notice of an"accident", claim, "suit" or "loss" is satisfied if youor a person designated by you to be responsiblefor insurance matters is notified of, or in anymanner made aware of an "accident", claim, "suit,'or "loss" and provides us such notice as soon aspracticableS. WAIVER OF SUBROGATION BY GONTRACTOR AGREEMENTThe following is added to Faragraph A.5 ofSection lV - Business Auto Conditions:We waive any right of recovery we may haveagainst a person or organization because ofpayments we make for "bodily injury" or "propertydamage" when you and such person ororganization have agreed in writing in a contractor agreement to waive such right of recovery,provided:1. Such written contract or agreement was:a. Made prior to the "accident" or "loss"resulting in the covered "bodily injury" or"property damage"; andb. Was in effect at the time of the covered"bodily injury" or "property damage".2. The covered "bodily injury" or "propertydamage" must arise out of the operationsspecified in such written contract oragreement.3. At our request you must provide us with acopy of the aforementioned written contract oragreement.T. UNINTENTIONALOMISSIONSThe following is added paragraph 8.2. of SectionlV - Business Auto Condition!:lf you fail to disclose any hazards existing at theinception date of this policy, such failure will notprejudice the coverage provided to you. However,this provision does not affect our iight to collectadditional premium or exercise our right ofcancellation or nonrenewal.U. LIBERALIZATIONlf we revise this endorsement to provide greatercoverage without additional premium charge, wewill automatically provide the additional coverageto all endorsement holders as of the day therevision is effective in your state.lncludes copyrighted material of lnsurance ServicesOffice, lnc., with its permissioncL cA 01 49 06 17Page 5 of 5
NAME ANDADDRESS OF BUSIhTESSBLOC.?I7n28ALL AROUND FENCE COMPANY14323 i6TH ST ESUMNER, WA 9839020e0{)o,^-?*8^MAygR t1.:The City of KentAl 220 411I AVE SOKBNr, ltASHlNdfON 9803XTex'RegisffationEndorqementBUSII{ESS LTCENSELICENSEMUST BE PAID ANNUAILY BYJANUARY lsf TOAVOID PENALTY, hzuancc of Liccnse Docs Not lmply Licensee'sCompliance with gtate and Local LawsPer.RCW 82,14 krcel satesaod Use tix must be codedNo. 1715 for all qualifiedsales within the city ofKent.Signature:Email:Signature:Email:Signature:Email:Signature:Email:Janice Applegate (Jul 2, 2020 09:37 PDT)Janice Applegatejapplegate@kentwa.govGarin Lee (Jul 2, 2020 10:11 PDT)glee@kentwa.govrlashley@kentwa.govBrian Levenhagen (Jul 2, 2020 12:58 PDT)bjlevenhagen@kentwa.gov
Combined.Contract
Final Audit Report 2020-07-02
Created:2020-07-01
By:Janice Applegate (japplegate@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA83ARJVwolbBf4eKbhRPB4WAvHVvsEbPW
"Combined.Contract" History
Document created by Janice Applegate (japplegate@kentwa.gov)
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Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature
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Signed document emailed to Garin Lee (glee@kentwa.gov), Brian Levenhagen (bjlevenhagen@kentwa.gov),
cityclerk@kentwa.gov, Kim Komoto (kkomoto@kentwa.gov), and 3 more
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