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CAG2020-249 - Original - Konecranes, Inc. - Water Facilities Inspection - 08/05/2020
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. WSST) GOODS & SERVICES AGREEMENTs between the City of Kent and Konecranes, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Konecranes, Inc. organized under the laws of the State of Washington, located and doing business at 8735 S. 212th St., Kent, WA 98031, Phone: (253) 872-9696, Contact: Tyler Hillman (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall complete annual monorail hoist inspections and recertification at three City of Kent Water Department Facilities: 1. Clark Springs - 24875 Kent Kangley Road 2. Kent Springs - 28600 216th Ave. SE 3. Pump Station #5 - 23825 98th Ave. S. For a description, see the Scope of Work and Vendor's Renewal Offer which is attached as Exhibit A and incorporated by this reference. The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by December 31, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Thousand, Sixty One Dollars and Fifty Cents ($1,061.50), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after completion of inspections and recertification. GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) Card Payment Program. The Vendor 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 Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor 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 Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which the Vendor’s services under this Agreement will be performed. C. The Vendor 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 Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor 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. VII. 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 Vendor 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 Vendor 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 Vendor 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 Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor 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 Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor'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 Vendor is asserting a schedule change or disruption. B. Records. The Vendor 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 Vendor'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. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor 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 Vendor 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 Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR 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 VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, 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 Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor 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 Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor’s part, then the Vendor 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 Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor 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 Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. 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 Vendor 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 Vendor'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 Vendor 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 Consultant 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 Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. Konecranes - Inspections 4/Reed GOODS & SERVICES AGREEMENT - 7 ($20,000 or Less, including WSST) VENDOR: By Pri Its nt Name DATE , f\-+-.(title) 'Jrs7 '(\ CITY OF KENT: By Print Name: (signature) David A. Brock, P.E. Its: DATE: Director Operations Manager NOTICES TO BE SENT TO: VENDOR: Tyler Hillman Konecranes, Inc. 8735 S. 212th St Kent, WA 98031 (253) 87 2-9696 (telephone ) (253) 87 2-3458 (facsi m ile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) ATTEST: Kent City Clerk 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: %aNEC(t,�U�s Title: &ANX-14 Q�c2�cotis Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 EEO COMPLIANCE DOCUMENTS - 2 of 3 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 of 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: _________________________________________ Scope of work:Provide the labor and materials to complete annual monorail hoistinspections and recertification at three City of Kent Water DepartmentFacilities; Clark Spring, located at 24875 Kent Kangley Road, Kent Springs,located at 28600 2L6th Ave sE, pump Station #5, located at 231zs g3th AveS. and Pump Station #1, located at 11302 SE 236th pl.EXHIBIT A SKKVICH AffiKffiffiMHNTRHSJHW&t SFFHR$ffiF-{ffifuffiANffiffitr ifuixrg Sr**inesses "'Service Program withKonecranes for 2020lncluding ComplianceI nspections, PreventativeMaintenance I nspectionsr and/or Routine' Maintenance - OSHA1 91 0.1 79August 2020 RenewalRobert ReinheimerOffer number: l-l 59SQYKQ/2Customer:Address:City of Kent i Water QualityMaintenance Operations, 5821 S 240th Kent,, Washington 98032Poge IReference:Konecranes Gontact:5ubject:Ilt-Gontact:Tom Cunninghamlnquiry Date:4123t2020Phone253-856-561 6Offer Date:7t9t2020Emailtcunningham@kentwa.gov Offer Valid Until7t31t2020Dear Tom Cunningham,You are a valued customer of Konecranes and we sincerely appreciate your business. We look forward toworking together moving forward to find additional ways that we can support your business by improvingthe safety and productivity of your operations.We have implemented a new and improved Lifecycle Care in Real Time approach to our services andhave refreshed and updated the services we are delivering for you. I apologize for the length of thedocument, but I wanted to ensure you had the latest improved scope we are providing. At the core of ourquick and easy access to your crane maintenance information. Maintenance data and asset details fromMAINMAN are linked, giving you a transparent view of events and activities over any selected timeinterval, including all applicable reports and documentation.To make it easier for you to navigate the pages that follow, here is a quick reference guide for you.Page 4 - PricingPage 5 - Signature page where you can sign and assign a Purchase Order number to referencePage 6 - Explanation of the full scope of services providedPage 8 - Calendar detailing each month's services performedI am here to answer any questions you might have so please don't hesitate to reach out to me anytime at253-620-7063 or by email at , : , ': lBest regards,Robert ReinheimerBusiness Development RepresentativeThis cover page is not part of the offer and is not legally binding in any manner. The offer begins from the following page. Nostatement of this cover letter shall be construed as condition or warranty of the offer.Konecranes, lnc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921.Fax: (253) 872-3458, Email: robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339.http:/AA/ww. konecranesusa. com/aaoa $HKVIfrH AffiKHtrMKNTKffiNffiffiruANMS'n ifting' susimesses""RNNHWAL OFFHROtfer number: I -l69SQYKQ/2Poge 2Based on our discussion and your inputs, we are offering the following maintenance program withthe products as described. The scope of this offer includes the following Programs or Products:ffiAffiffiThe CARE Preventive Maintenance Program is the foundation of lifecycle care. lt has been designed toimprove equipment safety and productivity through the systematic application of preventive maintenanceinspections, routine maintenance, the risk and recommendation method, and remote monitoring whereavailable.CARE is tailored based on equipment specifics, duty classification, usage, environment, statutoryrequirements, manufacturers' recommendations and service history.MAINMANTM Assessment, or MAINMAN Planned Maintenance, is the core Service Product of the CAREPreventive Maintenance Program and provides a baseline for maintenance planning, tracking, reporlingand Customer consultation.tlm{twmrmhtws. Service Reports. Safety Notification delivered before crane is put back into operation, when applicable. Access to Customer PodalMAI N Nf,Ah$s' SKSNffi SSN[ffi S{YDescriptionThe MAINMAN Assessment is a preventive maintenance inspection that provides a baseline formaintenance planning, tracking, reporting and consultation. lt is designed to provide an in-depth picture ofthe condition of the equipment while also fulfilling the requirements of the periodic compliance inspectionin the US and Canada. Certified inspectors use Konecranes proprietary maintenance software,MAINMAN, to perform detailed preventive maintenance assessments.Findings identified at the time of the inspection are systematically interpreted, categorized and reportedusing our proprietary Risk and Recommendation Method. The report not only assists in the planning ofneeded actions to keep equipment safe to use and compliant with statutory regulations, but it alsoprovides prioritized recommendations to further improve the reliability and performance of the equipment.Benefits. Helps fulfill periodic compliance inspection requirements. Helps identify safety and production risks. Consultative approach helps guide decision making. Records inspection findings in such detail that preventive maintenance and other actionscan be planned and executed. Safety Notification delivered before equipment is returned to operation, when applicable. MAINMAN Report. lnspection label attached to the craneKonecranes, lnc., 8735 S 2'12th Street, Kent, Washington, USA, 98031-1921.Fax: (253) 872-3458, Email: robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339.http://www. konecranesusa. com/Deliverables KffiNMfuRANHSSERVICE AGREEMHNTLifting' Eusinesses'"RENHWAL OFFEROtler number: l -l 69SQYKQ/2Poge 3RSUTINffi MAINTHNANffiffiDescriptionRoutine Maintenance has been designed to perform maintenance work such as adjusting and lubricatingwith the intent of satisfying manufacturer maintenance instructions.Benefits. Can help reduce component wear and unplanned downtime. Helps maintain equipment performance and availabilityDeliverables. Safety Notification delivered before the equipment is returned to operation, when applicable. Service reportScope for Programs or Products is determined in more detail in the description(s) attached heretoKonecranes, lnc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921.Fax: (253) 872-3458, Email: robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339.http://www. konecranesusa. com/ I{ONHfuruANHSSERVICH AGRHHMHNTLiftingi Susinesses""RENEWAL OFFHROffer number: I -l 69SQYKQ/2Poge 4Pricing SummaryTotal price is $965.00Pricing summary details are attached.Prices quoted herein are exclusive ofall taxes, charges and duties (including but not limited to value added tax and bank charges),and any such items shall be paid by you or reimbursed by you in case paid by us.Delivery timeAt the present time, the estimated start date of this program is 611912020 and the planned end date is713112021. Subsequent service visits shall be carried out in accordance with the schedule set forth insection "Life Cycle Maintenance Plan Summary" of this offer. The specific timing of service is subject toconfirmation by our office at the time of your acceptance.Term of PaymentAll payments in 15 Days net from date of invoiceInvoicing Frequencylnvoicing occurs every service visit month.Konecranes, Inc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921.Fax: (253) 872-3458, Email: robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339.http://www. konecranesusa. com/ ilffiNffifuffiANMffi'$ffiRVICffi AffiRffiHMffiNTLiftlms Susiyrsssss*RENHK\JAt SFFHROtfer number: l -l 69SQYKQ/2Poge 5Validity of offerThis offer is valid unttlT/3112020. Please accept this offer by placing your signature at the end of thisdocument and returning it to us.This quotation, proposal or offer is subject to and incorporates as if fully rewritten herein the Seller'sStandard Terms and Conditions of Sale (Service) (Revision 08.01.2016), a copy of which is attachedhefgtO Of iS available at li.,:,.'!'rrr.r_:::L:|i..t:iir...,,;::. ,.,*,,.,, of upon fequeSt Of Buyef.Any of the following actions will also constitute your unqualified acceptance of this offer: we receive a verbal or written purchaseorder, work order, or other simllar order for the services contemplated herein from you; you remain silent and we perform theservices under this offer and you are aware of such performance; we receive full or partial payment for the services contemplatedherein; or any other conduct by you that recognizes the existence of a contract with respect to the subject matter of this offer.We will confirm scheduling of your first service visit immediately upon receipt of your authorization.Should you have any questions, please contact us at any time. We sincerely appreciate the opportunity tobe of service.Yours truly,Konecranes. lnc.Robert ReinheimerTel:937/525-5533" i. i:t-., i :i,l.,, r.. :-i : l.liii,,, ii.i.lii; ::. r,.r.tr.r..,.t1,,r,i,r.,,,..rAccepted:City of Kent / Water Quality Maintenance OperationsPO number:Konecranes, lnc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921.Fax: (253) 872-3458, Email: robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339.http://www. konecranesusa. com/ [dMNffifuRANffiffiSHRVICH AffiRHHMffiNTRHhIEWAL OTFHRtr-iftirls Su sirmssss "'"Otler number: I -l 69SQYKQ/2ATTACHMENTSProduct Scope:The following are included in the CARE ProgramPoge 6One of the following preventive maintenance products:o MAINMAN Assessment combined with Routine Maintenanceo MAINMAN Planned Maintenance,o Periodic Compliance lnspection combined with Routine MaintenanceApplication of Risk and Recommendation MethodVisit/Safety ReviewService ReviewaaaaBusiness ReviewMAil N MANS ASffi ffi SSIV}ffi h{TThe MAINMAN Assessment includes a visual inspection, as well as operational and functional test of theequipment.Konecranes will typically inspect mechanical components for maladjustment, excessive wear, cracks,corrosion, improper attachment, improper function, deformations and oil leakages; and electricalcomponents for improper function, corrosion, deterioration and improper attachment.lnspected items typically include:. Limit switches, overload protection and other safety devices. Safety and operational labels, capacity markings. Hoist brake, motor, coupling and gear. Rope drum, rope/chain, rope sheaves/chain wheels, hook block, hook, hook latches. Covers and guards. Traveling, traversing and rotating machineries. Mainline disconnect, crane main switch, power supply, electric panels, control devices. Crane and trolley structures, end trucks, walkways and stairs. Bumpers, end stops. Pneumatic or hydraulic systems. Lubrication points. Lighting. Previous inspection documentsNOTE: lnspected components depend on the equipment structure.The following is not included:. Measurements, except when the inspector verifies visual observation. Lubrications, adjustments, load test, oil analysis, repairs or replacement of any parts. lnspection of internal components that require disassembly, such as gear cases, couplingand internal hook blockKonecranes, lnc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921.Fax: (253) 872-3458, Email. robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339.http://www. konecranesusa. com/ IdffiNffifrRANffiffi$NRVICH AGRHHMHNTI"ifting Susimesses""RENHWAL OFFIROffer number: l -l 69SQYKQ/2Poge 7R#ilTilNM NilAINTffiNANffiffiRoutine Maintenance typically includes:o Checking for proper equipment lubrication. Lubrication of mechanical components, such as wire ropes, rope sheaves, hook-block, crane andtrolley wheel assemblies, when necessary. Supply of the basic lubricants used for the above mentioned objects. Checking for correct oil level or quantity and, when necessary, top-off of hoist and travel gearsand other machinery components. Brake adjustments. Limit switch adjustments. Cleaning individual items as required for service.The following is not included:. Service of internal components that require disassembly, such as gear cases, coupling andinternal hook block. lnspections, replacements or repairs of components. Special adjustment procedures such as motor or coupling alignment. Oil change procedures and lubricants needed for itKonecranes, lnc., 8735 S 212th Street, Kent, Washington, USA, 98031-192'1.Fax: (253) 872-3458, Email: robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339.http://www. konecranesusa. com/ IffiNffifuruANffiSSHRVICH AffiRHffiMffiNTRHNHWAL OFFHROffer number: I -l 69SQYKQ/2I"i{timg' Swsinesses "Poge l0Pricing DetailsAsset #1-00004 Pump923044764 Station57iCirstr:mer AssetNan"leOOOO1 KENT. SPRINGSi ,&sset TypeMonorail system - 1trolley electric chainhoistl*ncmti*m i $snw$cu Fra:dulatNWD72441Monorailsystem -'1trolley electric chainhoist11302 SE236th Pr28600 216thave SE. KENT,wA.9804224875 SEKent-Kangleyrd. MapleValley, WA.9803823819 98thave s Kent,wA.98031, Routine MaintenanceiMAINMANAssessmentRoutine MaintenanceMAINMANAssessmentRoutine MaintenanceMAINMANAssessmentRoutine MaintenanceMAINMANAssessmentNWD72442OOOO2 CLARKMonorail system - 1I SPRINGSi trolley electric chainhoistNWD8O2250OOOO3 PUMPSTATION #5Monorail system - 1trolley manual chainhoistTotal$965.00Konecranes, lnc., 8735 S 212th Street, Kent, Washington, USA, 98031-1921.Fax: (253) 872-3458, Email: robert.reinheimer@konecranes.com Business lD . Springfield Ohio 45502-9339http://www. konecranesusa. com/ EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Holder Identifier : 7777777707070700077763616065553330772617446304557707442027772507300073640577146321120776041513067411207166055736630112075626731720327700754005315423675607144017572274130077727252025773110777777707000707007 6666666606060600062606466204446200622220624224022006202006262242220060220040622620200620020426204000206200004060062202060222062422622200620002624226220206000226260200622066646062240664440666666606000606006Certificate No : 570078510646 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/27/2019 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. Columbus OH Office 445 Hutchinson Avenue Suite 900 Columbus OH 43235 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 33600LM Insurance CorporationINSURER A: 42404Liberty Insurance CorporationINSURER B: 23035Liberty Mutual Fire Ins CoINSURER C: 41343HDI Global Insurance CompanyINSURER D: 36420Allianz Underwriters Insurance CompanyINSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Konecranes, Inc 4401 Gateway Blvd Springfield OH 45502-9339 USA COVERAGES CERTIFICATE NUMBER:570078510646 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $5,000,000 $100,000 $5,000 $5,000,000 $5,000,000 $5,000,000 $500,000SIR/Deductible D 10/01/2019 10/01/2020Y SIR applies per policy terms & conditions GLD5607000 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000C10/01/2019 10/01/2020 COMBINED SINGLE LIMIT (Ea accident) AS2-641-004434-119 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $5,000,000 $5,000,000 $500,000 10/01/2019UMBRELLA LIABD 10/01/2020CUD5607100 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- PER STATUTEA10/01/2019 10/01/2020 AOS WC7641004434109B 10/01/2019 10/01/2020 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI MA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WA564D004434099 AggregateU5L0009541910/01/2019 10/01/2021 $1,000,000Each claim Env Contr PollE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) List of Named Insureds in attached Addendum. City of Kent is included as Additional Insured in accordance with the policy provisions of the General Liability policy as required by written contract. Umbrella Liability policy is follow form to the General Liability, Automobile Liability and Employers' Liability policies. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Kent Water Quality Maintenance Operations (1-7TOYHL) 220 Fourth Ave. S. Kent WA 98032 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Named Insured AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Services Northeast, Inc. 570000061737 570078510646 570078510646 Page _ of _ Konecranes, Inc KCI Holding USA, Inc. Konecranes, Inc. MMH Holdings, Inc. MMH Americas, Inc. PHMH Holding Company Konecranes Nuclear Equipment & Services, LLC Konecranes Plc Konecranes Finland Oy Konecranes GmbH Konecranes, Inc. dba Crane Pro Services Konecranes, Inc. dba Crane Pro Parts Konecranes, Inc. dba Shepard Niles Konecranes, Inc. dba Crane Manufacturing and Service Konecranes, Inc. dba Ohio Hi-Speed Machine (eff 8/12/10) Konecranes, Inc. dba Terex Utilities, Inc. dba Terex Services R&M Materials Handling, Inc. Morris Material Handling, Inc. Demag Cranes & Components Corp. Morris Material Handling, Inc. dba Konecranes America R&M Materials Handling, Inc. dba Drivecon Morris Material Handling, Inc. dba Drivecon ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ANY OWNER, LESSEE OR AS REQUIRED BY WRITTEN CONTRACTOR YOU HAVE INCLUDED CONTRACT AS AN ADDITIONAL INSURED UNDER A WRITTEN CONTRACT COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS --- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II ---- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III ---- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Policy Number GLD 5607000 Policy Period: 10/01/2019 - 10/01/2020 AS REQUIRED BY WRITTEN AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT CONTRACT OR AGREEMENT COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS --- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II ---- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Policy Number: GLD 5607000 Policy Period: 10/01/2019 - 10/01/2020 Page 2 of 2 Insurance Services Office, Inc., 2012 CG 20 10 04 13 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III ---- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Policy Number: GLD 5607000 Policy Period: 10/01/2019 - 10/01/2020