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Home My WebLink AboutCAG2020-318 - Original - JKA Well Drilling & Pumps - Clark Lake Park Well Decommissioning - 10/12/2020ApprovalOriginator: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: rev. 200901 FOR CITY OF KENT OFFICIAL USE ONLY PUBLIC WORKS AGREEMENT - 1 (Over $20K and No Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and JKA Enterprises Inc. dba JKA Well Drilling & Pumps THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JKA Enterprises Inc. dba Well Drilling & Pumps organized under the laws of the State of Washington, located and doing business at 27115 Old Owen Road, Monroe, WA 98272 (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: As described in the attached Exhibit A, incorporated herein, contractor shall decommission four (4) drilled wells and one (1) dug well located on the Lake and Walla properties at Clark Lake Park. Work to be performed is based upon contractor's Estimate No. 38995 incorporated herein as Exhibit A. 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 11/30/2020. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $55,195.80, 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. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu PUBLIC WORKS AGREEMENT - 2 (Over $20K and No Performance Bond) 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 (Over $20K 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, rules 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 (Over $20K 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. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: PUBLIC WORKS AGREEMENT - 5 (Over $20K and No Performance Bond) 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 (Over $20K 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 parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred PUBLIC WORKS AGREEMENT - 7 (Over $20K and No Performance Bond) 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. / / / / / / / / 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. PUBLIC WORKS AGREEMENT - 8 (Over $20K and No Performance Bond) 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: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Pierce Kiltoff JKA Well Drilling & Pumps PO Box 310 Monroe, WA 98272 360-794-7300 (telephone) pierce@jkawelldrilling.com (email) NOTICES TO BE SENT TO: CITY OF KENT: Bryan Higgins City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5113 (telephone) bhiggins@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk P:\Planning\Clark Lake Park\Wells Decommissioned\JKA-Five Wells-CONTRACT PUBLIC WORKS AGREEMENT - 9 (Over $20K and No Performance Bond) 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: ________________________________________ PUBLIC WORKS AGREEMENT - 10 (Over $20K and No Performance Bond) 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. PUBLIC WORKS AGREEMENT - 11 (Over $20K and No Performance Bond) 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: ________________________________________ PUBLIC WORKS AGREEMENT - 12 (Over $20K and No Performance Bond) 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 (06/10/2020), 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. JKA Enterprises Inc. dba JKA Well Drilling & Pumps 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. ESTIMATE NO. 38995Customer No. 6873 JKA W e ll Drilling & Pumps PO Box 310 Monr oe, WA 98272 (360) 794-7300 www.jkawelldrilling.com Follow Us: Mail To:City of Kent220 4th Avenue S outhKent, WA 98032 Contact:Ph: 253-856-5113Alt. Ph: S ite Address:City of Kent220 4th Avenue S outhKent, WA 98032 - Schedule on Rig: Forem ost Dual Rotary Rig, '07 Freightliner Rep: Pierce K Estimator/Tech: Pierce Kiltoff, Dec ommis sion Drilled Well Company shall decommission drilled well(s) per WAC 173-160-381, or per variance from WA S tate Departm ent of Ecology. Minimum footages/charges may apply. See scope of work below. Mobilization includes driving rigs under their own power, setting jack pads and towering up - additional towing/winching/dunnage/blocking is NOT included. Access for drill tender (water/pipe truck) & daily driver must also be allowed for, including ingress/egress during progression of work. ADDITIONAL DOC UMENTS FOR Y OUR REVIEW: Drilling Rig & S upport Vehicle Access & Pad Requirements Notice to Customer, Labor & Industries Required Disclosure JKA shall decom m ission four d rilled wells and one d ug well p er WAC/variance and City requirem ents. Walla Prop erty - Dug Well & Drilled Well LINE 1:included Mobilization includes driving rigs under their own power, setting jack pads, and towering up - additional towing/winching/dunnage/blocking is NOT included. Access for drill tender/support truck and daily driver truck must also be allowed for per provided site plans, including ingress/egress during progression of work. Overages for rig/crew due to inadequate access/site prep will be billed per Rig Time below. INCLU DES PREVAILING WAGE NOI, CERTIFIED PAYROLL, AND AFFIDAVIT OF WAGES PAID, AS NECES S ARY LINE 2:included JKA shall rem ove existing pump, measure well depth & static water level, measure current pump colum n, disassemble pump and dispose of equipment. LINE 3:268.0, foot Decommission Drilled Well by perforating 6-IN x 268-FT Well per WAC 173-160. Cut off at or below grade. LINE 4:included JKA shall use Geo Loop grouter or other high pressure pump to grout well from bottom up, or as specified, with high solids grout, neat cement, or other approved sealing material. LINE 5:included Decommission Dug Well per WAC 173-160 LINE 6:2.0, each Washington S tate Department of Ecology Notice of Intent ("Start Card"), Water Well, Decommissioning Walla Prop erty - Dug Well & Drilled Well Sub total: $23,506.40 Lake Prop erty LINE 7:included Mobilization includes driving rigs under their own power, setting jack pads, and towering up - additional towing/winching/dunnage/blocking is NOT included. Access for drill tender/support truck and daily driver truck must also be allowed for per provided site plans, including ingress/egress during progression of work. Overages for rig/crew due to inadequate access/site prep will be billed per Rig Time below. One well is accessible b y clearing some b rush and using mats to g et rigs to well. Other well is inaccessib le and will req uire variance (ap p lied for and g ranted ). INCLU DES PREVAILING WAGE NOI, CERTIFIED PAYROLL, AND AFFIDAVIT OF WAGES PAID, AS NECES S ARY LINE 8:included JKA shall rem ove existing pump, measure well depth & static water level, measure current pump colum n, disassemble pump and dispose of equipment. Subtotal:$50,178.00 Tax:$5,017.80 Total:$55,195.80 Requires Pum pTrax or other hand pulling equipment. LINE 9:200.0, foot Decommission (2) each 6-IN Wells, one 89-FT, one 97-FT per WAC 173-160, 100-FT minimum charge per well LINE 10:1.0, sack JKA shall use Geo Loop grouter or other high pressure pump to grout well from bottom up, or as specified, with high solids grout, neat cement, or other approved sealing material. LINE 11:1.0, day Equipment and/or Tooling Rental/Use Charge --- Allturna Mats & brush clearing tools Lake Prop erty Sub total: $14,896.20 Drilled Well at 12436 SE 248th LINE 12:included Mobilization includes driving rigs under their own power, setting jack pads, and towering up - additional towing/winching/dunnage/blocking is NOT included. Access for drill tender/support truck and daily driver truck must also be allowed for per provided site plans, including ingress/egress during progression of work. Overages for rig/crew due to inadequate access/site prep will be billed per Rig Time below. INCLU DES PREVAILING WAGE NOI, CERTIFIED PAYROLL, AND AFFIDAVIT OF WAGES PAID, AS NECES S ARY LINE 13:included JKA shall rem ove existing pump, measure well depth & static water level, measure current pump colum n, disassemble pump and dispose of equipment. LINE 14:215.0, foot Decommission 6-IN Well per WAC 173-160, well is assumed to be 215-FT deep, 100-FT minimum charge LINE 15:included JKA shall use Geo Loop grouter or other high pressure pump to grout well from bottom up, or as specified, with high solids grout, neat cement, or other approved sealing material. LINE 16:1.0, each Washington S tate Department of Ecology Notice of Intent ("Start Card"), Water Well, Decommissioning Drilled Well at 12436 SE 248th Sub total: $11,775.40 Pricing is valid for 30 days from the date of estimate transmittal. Changes to the above Total Price will only be made for the following reasons: 1. A change in well depth or scope/description of work described above. 2. In the event that subsurface conditions demand that normal drilling and/or processes tools/techniques/materials be changed, added, or altered. 3. A change in the equipment as dictated by the characteristics of the well and/or applicable design/construction standards (National Electric Code, etc). 4. Available water quality and/or quantity does not meet expected conditions, and/or changes in either or both occur. No changes will be made without first informing the Customer of the change and the cost difference (a Change Order will be issued). The undersigned Customer(s) accepts and agrees to the above and to the Terms & Conditions set forth herein (see attached). By Date ____________ [print name/company if not listed above]: By ________________________________ Date __________ on behalf of JKA Well Drilling & Pumps TERMS & CONDITIONS for Esti m ate No. 38995 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. 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. 2. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 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. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 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. 08/14/2020 C Don Filer Agency 15222 Woods Creek Rd Monroe WA 98272-1511 Angela Gagnon (360) 794-7665 (425) 788-7070 agagnon@filerinsurance.com Jka Enterprises Inc 21703 195th Ave SE Monroe WA 98272 West American Insurance Co 44393 American Fire & Casualty Co 24066 CL19103018682 A Y BKW60529436 10/23/2019 10/23/2020 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 Expense Mod Factor 1 B Y BAA60529436 10/23/2019 10/23/2020 1,000,000 BACEE A BKW60529436 WA STOP GAP 10/23/2019 10/23/2020 1,000,000 1,000,000 2,000,000 City of Kent is included as additional insured if required by written contract or written agreement per form CG 88 10 04 13. Coverage is Primary and Non-Contributory. Products - Completed Operations included per form CG 85 83 04 13. Per Project Aggregate included per form CG 88 70 12 08. Separation of Insureds wording included in form CG 00 01 04 13. Auto Form AC 85 01 06 18. City of Kent 220 Fourth Avenue South Kent WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 109 216of55982417003107230COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Includes copyrighted material of ISOProperties, Inc.,with its permission.CG 88 70 12 08 Page 1 of 1 A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability,and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments,which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2.The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability,and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments,which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D.If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. 65 82of58490499002605230COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance CG 88 10 04 13 Page 1 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 66 82of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 2 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1.It is not owned by any insured; 2.It is hired, chartered or loaned with a trained paid crew; 3.The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4.It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2)A watercraft you do not own that is: (a)Less than 52 feet long; and (b)Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity,Subparagraphs (3), (4)and (6)of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2.The following is added to Section IV - Commercial General Liability Conditions,Condition 4. Other Insurance,Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a.The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i)Premises rented to you for a period of 7 or fewer consecutive days; or (ii)Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 67 82of584904990026052302013Liberty Mutual Insurance CG 88 10 04 13 Page 3 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2.Paragraph 6.under Section III - Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a.Any one premise: (1)While rented to you; or (2)While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b.Contents that you rent or lease as part of a premises rental or lease agreement. 3.As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) -Paragraph 9.a.of Definitions is replaced with the following: 9.a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments,Subparagraph (b)of Paragraph a.is replaced by the following: (b)The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1.Under Supplementary Payments - Coverages A and B, Paragraph 1.b.is replaced by the following: b.Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2.Paragraph 1.d.is replaced by the following: d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1.Paragraph 2.under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a.Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 68 82of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 4 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.Premises or facilities rented by you or used by you; or c.The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d.Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1)This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2)This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3)Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a)The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b)The construction, erection, or removal of elevators; or (c)The ownership, maintenance, or use of any elevators covered by this insurance. 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 insur- ance 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. With respect to Paragraph 1.a.above, a person’s or organization’s status as an additional insured under this endorsement ends when: (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. With respect to Paragraph 1.b.above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 69 82of584904990026052302013Liberty Mutual Insurance CG 88 10 04 13 Page 5 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2.With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a."Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b."Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c."Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d."Bodily injury" or "property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e.Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement; or b.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a.The following is added to Paragraph a. Primary Insurance: If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover. 70 82of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 6 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1.The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a.Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b.Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d.We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2.The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II - Who Is An Insured is replaced with the following: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a)above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a)or (b)above; or (d)Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a)and (b)above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 71 82of584904990026052302013Liberty Mutual Insurance CG 88 10 04 13 Page 7 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II - Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d.Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions,the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions,Definition 3.is replaced by the following: 3."Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 72 82of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 8 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions,the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1.You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2.The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 95 216of55982417003107230COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance CG 85 83 04 13 Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc.,with its permission . A.Paragraph 2.under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1.Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2.Included in the "products-completed operations hazard". However: a)The insurance afforded to such additional insured only applies to the extent permitted by law; and b)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 The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. B.With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1."Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2."Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a.The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b.Supervisory, inspection, architectural or engineering activities. 96 216of2013Liberty Mutual Insurance CG 85 83 04 13 Page 2 of 2Includes copyrighted material of Insurance Services Office, Inc.,with its permission . C.With respect to the insurance afforded by this endorsement, exclusion l. Damage To Your Work of Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". D.With respect to the insurance afforded to these additional insureds, the following is added to Section II - 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 contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. E.With respect to the insurance afforded by this endorsement,Section IV - Commercial General Liability Conditions is amended as follows: 1.The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a.Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b.Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d.We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2.Paragraph 4.of Section IV - Commercial General Liability Conditions is amended as follows: a.The following is added to Paragraph a. Primary Insurance: If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover. b.The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. 29 168of58475236006703230COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 17 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organiza- tion qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organi- zation qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury" or "prop- erty damage" to which this insurance ap- plies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2)Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under Coverages A or B or medical ex- penses under Coverage C. No other obligation or liability to pay sums or perform acts or services is cov- ered unless explicitly provided for under Supplementary Payments - Coverages A and B. b.This insurance applies to "bodily injury" and "property damage" only if: (1)The "bodily injury" or "property damage" is caused by an "occur- rence" that takes place in the "cov- erage territory"; (2)The "bodily injury" or "property damage" occurs during the policy period; and (3)Prior to the policy period, no insured listed under Paragraph 1.of Section II -Who Is An Insured and no "em- ployee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property dam- age" occurred, then any continu- ation, change or resumption of such "bodily injury" or "property dam- age" during or after the policy period will be deemed to have been known prior to the policy period. c."Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1.of Section II - Who Is An Insured or any "employee" au- thorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property dam- age" after the end of the policy period. d."Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.of Section II -Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1)Reports all, or any part, of the "bod- ily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property dam- age"; or 30 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 2 of 17 (3)Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e.Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not ap- ply to "bodily injury" resulting from the use of reasonable force to protect per- sons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agree- ment; or (2)Assumed in a contract or agreement that is an "insured contract", pro- vided the "bodily injury" or "proper- ty damage" occurs subsequent to the execution of the contract or agree- ment. Solely for the purposes of li- ability assumed in an "insured con- tract", reasonable attorneys’ fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "prop- erty damage", provided: (a)Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same "insured contract"; and (b)Such attorneys’ fees and litiga- tion expenses are for defense of that party against a civil or alter- native dispute resolution pro- ceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxi- cation of any person; (2)The furnishing of alcoholic bever- ages to a person under the legal drinking age or under the influence of alcohol; or (3)Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a)The supervision, hiring, employ- ment, training or monitoring of others by that insured; or (b)Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", in- volved that which is described in Para- graph (1), (2)or (3)above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your prem- ises, for consumption on your premises, whether or not a fee is charged or a li- cense is required for such activity, is not by itself considered the business of sell- ing, serving or furnishing alcoholic bev- erages. d. Workers’ Compensation And Similar Laws Any obligation of the insured under a workers’ compensation, disability bene- fits or unemployment compensation law or any similar law. e. Employer’s Liability "Bodily injury" to: (1)An "employee" of the insured aris- ing out of and in the course of: (a)Employment by the insured; or (b)Performing duties related to the conduct of the insured’s busi- ness; or 31 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 3 of 17 (2)The spouse, child, parent, brother or sister of that "employee" as a con- sequence of Paragraph (1)above. This exclusion applies whether the in- sured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f. Pollution (1)"Bodily injury" or "property dam- age" arising out of the actual, al- leged or threatened discharge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a)At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i)"Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or origi- nating from equipment that is used to heat, cool or de- humidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests; (ii)"Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an addi- tional insured with respect to your ongoing operations performed for that addition- al insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b)At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, stor- age, disposal, processing or treatment of waste; (c)Which are or were at any time transported, handled, stored, treated, disposed of, or pro- cessed as waste by or for: (i)Any insured; or (ii)Any person or organization for whom you may be legal- ly responsible; or (d)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirect- ly on any insured’s behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i)"Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This excep- tion does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other op- erating fluids, or if such fu- els, lubricants or other oper- ating fluids are brought on or to the premises, site or lo- cation with the intent that they be discharged, dis- persed or released as part of 32 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 4 of 17 the operations being per- formed by such insured, contractor or subcontractor; (ii)"Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contrac- tor or subcontractor; or (iii)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e)At or from any premises, site or location on which any insured or any contractors or subcontrac- tors working directly or indirect- ly on any insured’s behalf are performing operations if the op- erations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". (2)Any loss, cost or expense arising out of any: (a)Request, demand, order or statu- tory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neu- tralize, or in any way respond to, or assess the effects of, "pollu- tants"; or (b)Claim or suit by or on behalf of a governmental authority for dam- ages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detox- ifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages be- cause of "property damage" that the insured would have in the absence of such request, demand, order or stat- utory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, mainten- ance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage" involved the own- ership, maintenance, use or entrustment to others of any aircraft, "auto" or water- craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on prem- ises you own or rent; (2)A watercraft you do not own that is: (a)Less than 26 feet long; and (b)Not being used to carry persons or property for a charge; (3)Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the in- sured; (4)Liability assumed under any "in- sured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5)"Bodily injury" or "property dam- age" arising out of: (a)The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or princi- pally garaged; or (b)The operation of any of the ma- chinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of "mobile equip- ment". 33 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 5 of 17 h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1)The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any insured; or (2)The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indi- rectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1)Property you own, rent, or occupy, including any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property; (2)Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3)Property loaned to you; (4)Personal property in the care, custo- dy or control of the insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per- forming operations, if the "property damage" arises out of those oper- ations; or (6)That particular part of any property that must be restored, repaired or re- placed because "your work" was in- correctly performed on it. Paragraphs (1), (3)and (4)of this exclu- sion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Sec- tion III - Limits Of Insurance. Paragraph (2)of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5)and (6)of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to "property damage" included in the "products-completed operations haz- ard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage To Your Work "Property damage" to "your work" aris- ing out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Prop- erty Not Physically Injured "Property damage" to "impaired proper- ty" or property that has not been phys- ically injured, arising out of: (1)A defect, deficiency, inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 34 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 6 of 17 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspec- tion, repair, replacement, adjustment, re- moval or disposal of: (1)"Your product"; (2)"Your work"; or (3)"Impaired property"; if such product, work, or property is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, in- ability to access, or inability to manipu- late electronic data. However, this exclusion does not apply to liability for damages because of "bod- ily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer soft- ware, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing de- vices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any ac- tion or omission that violates or is al- leged to violate: (1)The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; (2)The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; (3)The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Ac- curate Credit Transactions Act (FACTA); or (4)Any federal, state or local statute, or- dinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and ad- ditions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, send- ing, transmitting, communicating or distribution of material or informa- tion. Exclusions c.through n.do not apply to dam- age by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Sec- tion III - Limits Of Insurance. COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance ap- plies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any of- fense and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2)Our right and duty to defend end when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under Coverages A or B or medical ex- penses under Coverage C. No other obligation or liability to pay sums or perform acts or services is cov- ered unless explicitly provided for under Supplementary Payments - Coverages A and B. b.This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "cov- erage territory" during the policy period. 35 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 7 of 17 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publica- tion took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclu- sion does not apply to liability for dam- ages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another’s advertis- ing idea in your "advertisement". g. Quality Or Performance Of Goods - Fail- ure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other in- tellectual property rights. Under this ex- clusion, such other intellectual property rights do not include the use of another’s advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" com- mitted by an insured whose business is: (1)Advertising, broadcasting, publish- ing or telecasting; (2)Designing or determining content of web sites for others; or (3)An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b.and c.of "person- al and advertising injury" under the Defi- nitions section. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcast- ing, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. l. Unauthorized Use Of Another’s Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another’s name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another’s po- tential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. 36 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 8 of 17 n. Pollution-related Any loss, cost or expense arising out of any: (1)Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants"; or (2)Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants". o. War "Personal and advertising injury", how- ever caused, arising, directly or indirect- ly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: (1)The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; (2)The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; (3)The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Ac- curate Credit Transactions Act (FACTA); or (4)Any federal, state or local statute, or- dinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and ad- ditions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, send- ing, transmitting, communicating or distribution of material or informa- tion. COVERAGE C - MEDICAL PAYMENTS 1. Insuring Agreement a.We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent; or (3)Because of your operations; provided that: (a)The accident takes place in the "coverage territory" and during the policy period; (b)The expenses are incurred and reported to us within one year of the date of the accident; and (c)The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b.We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical, surgical, X-ray and dental services, including pros- thetic devices; and (3)Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. 37 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 9 of 17 c. Injury On Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. d. Workers’ Compensation And Similar Laws To a person, whether or not an "employ- ee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers’ compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, in- structing or participating in any physical exercises or games, sports, or athletics contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1.We will pay, with respect to any claim we in- vestigate or settle, or any "suit" against an insured we defend: a.All expenses we incur. b.Up to $250 for cost of bail bonds required because of accidents or traffic law viola- tions arising out of the use of any vehicle to which the Bodily Injury Liability Cov- erage applies. We do not have to furnish these bonds. c.The cost of bonds to release attachments, but only for bond amounts within the ap- plicable limit of insurance. We do not have to furnish these bonds. d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e.All court costs taxed against the insured in the "suit". However, these payments do not include attorneys’ fees or attor- neys’ expenses taxed against the in- sured. f.Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, of- fered to pay, or deposited in court the part of the judgment that is within the ap- plicable limit of insurance. These payments will not reduce the limits of insurance. 2.If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a.The "suit" against the indemnitee seeks damages for which the insured has as- sumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b.This insurance applies to such liability assumed by the insured; c.The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d.The allegations in the "suit" and the in- formation we know about the "occur- rence" are such that no conflict appears to exist between the interests of the in- sured and the interests of the indemnitee; e.The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f.The indemnitee: (1)Agrees in writing to: (a)Cooperate with us in the inves- tigation, settlement or defense of the "suit"; (b)Immediately send us copies of any demands, notices, sum- monses or legal papers received in connection with the "suit"; (c)Notify any other insurer whose coverage is available to the indemnitee; and (d)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and 38 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 10 of 17 (2)Provides us with written authoriza- tion to: (a)Obtain records and other infor- mation related to the "suit"; and (b)Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, at- torneys’ fees incurred by us in the defense of that indemnitee, necessary litigation ex- penses incurred by us and necessary litiga- tion expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2)of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of in- surance. Our obligation to defend an insured’s indemnitee and to pay for attorneys’ fees and necessary litigation expenses as Supplemen- tary Payments ends when we have used up the applicable limit of insurance in the pay- ment of judgments or settlements or the con- ditions set forth above, or the terms of the agreement described in Paragraph f.above, are no longer met. SECTION II - WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an insured. Your members are also in- sureds, but only with respect to the con- duct of your business. Your managers are insureds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive of- ficers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees", oth- er than either your "executive officers" (if you are an organization other than a part- nership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employ- ment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1)"Bodily injury" or "personal and ad- vertising injury": (a)To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability company), to a co-"em- ployee" while in the course of his or her employment or per- forming duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co- "em- ployee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a)or (b)above; or (d)Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2)"Property damage" to property: (a)Owned, occupied or used by; (b)Rented to, in the care, custody or control of, or over which phys- ical control is being exercised for any purpose by; you, any of your "employees", "vol- unteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). 39 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 11 of 17 b.Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c.Any person or organization having prop- er temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that prop- erty; and (2)Until your legal representative has been appointed. d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no oth- er similar insurance available to that organi- zation. However: a.Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.Coverage A does not apply to "bodily in- jury" or "property damage" that occurred before you acquired or formed the orga- nization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with re- spect to the conduct of any current or past part- nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. SECTION III - LIMITS OF INSURANCE 1.The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2.The General Aggregate Limit is the most we will pay for the sum of: a.Medical expenses under Coverage C; b.Damages under Coverage A,except dam- ages because of "bodily injury" or "prop- erty damage" included in the "products- completed operations hazard"; and c.Damages under Coverage B. 3.The Products-Completed Operations Aggre- gate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4.Subject to Paragraph 2.above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and adver- tising injury" sustained by any one person or organization. 5.Subject to Paragraph 2.or 3.above, which- ever applies, the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under Coverage A;and b.Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occur- rence". 6.Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or tem- porarily occupied by you with permission of the owner. 7.Subject to Paragraph 5.above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one per- son. The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the poli- cy period is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured’s estate will not relieve us of our obligations under this Coverage Part. 40 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 12 of 17 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a.You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should in- clude: (1)How, when and where the "occur- rence" or offense took place; (2)The names and addresses of any in- jured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occur- rence" or offense. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date re- ceived; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of in- jury or damage to which this insur- ance may also apply. d.No insured will, except at that insured’s own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable un- der the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the in- sured and the claimant or the claimant’s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b.below applies. If this insur- ance is primary, our obligations are not affected unless any of the other insur- ance is also primary. Then, we will share with all that other insurance by the meth- od described in Paragraph c.below. b. Excess Insurance (1)This insurance is excess over: (a)Any of the other insurance, whether primary, excess, contin- gent or on any other basis: (i)That is Fire, Extended Cov- erage, Builder’s Risk, Instal- lation Risk or similar coverage for "your work"; (ii)That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the own- er; (iii)That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv)If the loss arises out of the maintenance or use of air- craft, "autos" or watercraft to the extent not subject to Exclusion g.of Section I - Coverage A - Bodily Injury And Property Damage Li- ability. 41 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 13 of 17 (b)Any other primary insurance available to you covering liabil- ity for damages arising out of the premises or operations, or the products and completed oper- ations, for which you have been added as an additional insured. (2)When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insur- ers. (3)When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this in- surance; and (b)The total of all deductible and self-insured amounts under all that other insurance. (4)We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a.The statements in the Declarations are accurate and complete; b.Those statements are based upon repre- sentations you made to us; and c.We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insur- ance, and any rights or duties specifically as- signed in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written no- tice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 42 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 14 of 17 SECTION V - DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a.Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b.Regarding web sites, only that part of a web site that is about your goods, pro- ducts or services for the purposes of at- tracting customers or supporters is con- sidered an advertisement. 2."Auto" means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. However "auto" does not include "mobile equipment". 3."Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation be- tween any places included in Paragraph a.above; or c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in Para- graph a.above; (2)The activities of a person whose home is in the territory described in Paragraph a.above, but is away for a short time on your business; or (3)"Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured’s responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a.above or in a settlement we agree to. 5."Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6."Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7."Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 8."Impaired property" means tangible proper- ty, other than "your product" or "your work", that cannot be used or is less useful because: a.It incorporates "your product" or "your work" that is known or thought to be de- fective, deficient, inadequate or danger- ous; or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your ful- filling the terms of the contract or agreement. 9."Insured contract" means: a.A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or tem- porarily occupied by you with permission of the owner is not an "insured contract"; b.A sidetrack agreement; c.Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; d.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e.An elevator maintenance agreement; 43 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 15 of 17 f.That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort li- ability means a liability that would be im- posed by law in the absence of any con- tract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies a railroad for "bod- ily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2)That indemnifies an architect, engi- neer or surveyor for injury or dam- age arising out of: (a)Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3)Under which the insured, if an archi- tect, engineer or surveyor, assumes liability for an injury or damage aris- ing out of the insured’s rendering or failure to render professional ser- vices, including those listed in (2) above and supervisory, inspection, architectural or engineering activi- ties. 10."Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not in- clude a "temporary worker". 11."Loading or unloading" means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b.While it is in or on an aircraft, watercraft or "auto"; or c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a me- chanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the fol- lowing types of land vehicles, including any attached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principal- ly off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1)Power cranes, shovels, loaders, dig- gers or drills; or (2)Road construction or resurfacing equipment such as graders, scrapers or rollers; e.Vehicles not described in Paragraph a., b., c.or d.above that are not self- propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors, pumps and gener- ators, including spraying, welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment; or (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in Paragraph a., b., c.or d.above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance, but not con- struction or resurfacing; or (c)Street cleaning; 44 168ofCG 00 01 04 13Insurance Services Office, Inc., 2012Page 16 of 17 (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and gener- ators, including spraying, welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 14."Personal and advertising injury" means in- jury, including consequential "bodily injury", arising out of one or more of the following offenses: a.False arrest, detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from, wrongful en- try into, or invasion of the right of private occupancy of a room, dwelling or prem- ises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral or written publication, in any man- ner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, pro- ducts or services; e.Oral or written publication, in any man- ner, of material that violates a person’s right of privacy; f.The use of another’s advertising idea in your "advertisement"; or g.Infringing upon another’s copyright, trade dress or slogan in your "advertise- ment". 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materi- als to be recycled, reconditioned or re- claimed. 16."Products-completed operations hazard": a.Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1)Products that are still in your phys- ical possession; or (2)Work that has not yet been complet- ed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a)When all of the work called for in your contract has been complet- ed. (b)When all of the work to be done at the job site has been complet- ed if your contract calls for work at more than one job site. (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, main- tenance, correction, repair or re- placement, but which is otherwise complete, will be treated as complet- ed. b.Does not include "bodily injury" or "property damage" arising out of: (1)The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "load- ing or unloading" of that vehicle by any insured; (2)The existence of tools, uninstalled equipment or abandoned or unused materials; or (3)Products or operations for which the classification, listed in the Declara- tions or in a policy Schedule, states that products-completed operations are subject to the General Aggregate Limit. 17."Property damage" means: a.Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the phys- ical injury that caused it; or 45 168of58475236006703230CG 00 01 04 13 Insurance Services Office, Inc., 2012 Page 17 of 17 b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including sys- tems and applications software, hard or flop- py disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equip- ment. 18."Suit" means a civil proceeding in which damages because of "bodily injury", "prop- erty damage", or "personal and advertising injury" to which this insurance applies are al- leged. "Suit" includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured sub- mits with our consent. 19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and with- in the scope of duties determined by you, and is not paid a fee, salary or other compensa- tion by you or anyone else for their work per- formed for you. 21."Your product": a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have ac- quired; and (2)Containers (other than vehicles), ma- terials, parts or equipment furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness, quality, durability, perfor- mance or use of "your product"; and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 22."Your work": a.Means: (1)Work or operations performed by you or on your behalf; and (2)Materials, parts or equipment fur- nished in connection with such work or operations. b.Includes: (1)Warranties or representations made at any time with respect to the fit- ness, quality, durability, perfor- mance or use of "your work"; and (2)The providing of or failure to provide warnings or instructions. 25 72of58490499002571230COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT 2017Liberty Mutual Insurance AC 85 01 06 18 Page 1 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGEFORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto)3 EXTRA EXPENSE - BROADENED COVERAGE 11 GLASS REPAIR - WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York)16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTSCOVERAGE 12 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I - COVERED AUTOS is amended as follows: 1. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. 26 72of 2017Liberty Mutual Insurance AC 85 01 06 18 Page 2 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. SECTION II - LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE,Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d.Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1)Is a partnership or joint venture; or (2)Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3)Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d.does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE,Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e.Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f.Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE,Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g.Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1)Only with respect to the operation, maintenance or use of a covered "auto"; (2)Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3)Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments,Paragraphs (2)and (4)are replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 27 72of584904990025712302017Liberty Mutual Insurance AC 85 01 06 18 Page 3 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a.You hire, rent or borrow; or b.Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a.The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1)$50,000; or (2)The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c.Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d.Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e.This coverage extension does not apply to: (1)Any "auto" that is hired, rented or borrowed with a driver; or (2)Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee’s" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE,Paragraph A.2. Towing,is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a.For private passenger type vehicles, we will pay up to $75 per disablement. b.For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c.For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 28 72of 2017Liberty Mutual Insurance AC 85 01 06 18 Page 4 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 9. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage,is amended by adding the following: a.We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b.Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c.We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d.This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e.If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f.No deductible applies to this coverage. g.The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTSCOVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage,is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 29 72of584904990025712302017Liberty Mutual Insurance AC 85 01 06 18 Page 5 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 14. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible,is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions,Paragraph a.of the exception to exclu- sions 4.c.and 4.d.is deleted and replaced with the following: Exclusions 4.c.and 4.d.do not apply to: a.Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1)Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2)Designed to be solely operated by use from the power from the "auto’s" electrical system; and (3)Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 16. LOAN / LEASEGAP COVERAGE (Not Applicable In New York) A.Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1.Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a.Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b.Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d.Transfer or rollover balances from previous loans or leases; e.Final payment due under a "Balloon Loan"; f.The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g.Security deposits not refunded by a lessor; h.All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i.Any amount representing taxes; j.Loan or lease termination fees; or 2.The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". 30 72of 2017Liberty Mutual Insurance AC 85 01 06 18 Page 6 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKEDAUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a.In the charge of an "insured"; b.Legally parked; and c.Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE,if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a.If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b.If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c.If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS,Paragraph B.2.is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 31 72of584904990025712302017Liberty Mutual Insurance AC 85 01 06 18 Page 7 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS,Paragraph A.2.a.is replaced in its entirety by the follow- ing: a.In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)Member, if you are a limited liability company; (4)An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a)How, when and where the "accident" or "loss" took place; (b)The "insureds" name and address; and (c)The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS,Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us,is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS,Paragraph B.7. Policy Period, Coverage Territory,is amended by the addition of the following: f.For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS,Definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 9/29/2020 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Asbestos Abatement Workers Journey Level $52.39 5D 1H View King Boilermakers Journey Level $69.29 5N 1C View King Brick Mason Journey Level $60.57 7E 1N View King Brick Mason Pointer-Caulker-Cleaner $60.57 7E 1N View King Building Service Employees Janitor $26.28 5S 2F View King Building Service Employees Traveling Waxer/Shampooer $26.63 5S 2F View King Building Service Employees Window Cleaner (Non-Scaffold)$29.33 5S 2F View King Building Service Employees Window Cleaner (Scaffold)$30.33 5S 2F View King Cabinet Makers (In Shop)Journey Level $22.74 1 View King Carpenters Acoustical Worker $64.94 7A 4C View King Carpenters Carpenter $64.94 7A 4C View King Carpenters Carpenters on Stationary Tools $65.07 7A 4C View King Carpenters Creosoted Material $65.07 7A 4C View King Carpenters Floor Finisher $64.94 7A 4C View King Carpenters Floor Layer $64.94 7A 4C View King Carpenters Scaffold Erector $64.94 7A 4C View King Cement Masons Application of all Composition Mastic $64.84 7A 4U View King Cement Masons Application of all Epoxy Material $64.34 7A 4U View King Cement Masons Application of all Plastic Material $64.84 7A 4U View King Cement Masons Application of Sealing Compound $64.34 7A 4U View King Cement Masons Application of Underlayment $64.84 7A 4U View King Cement Masons Building General $64.34 7A 4U View King Cement Masons Composition or Kalman Floors $64.84 7A 4U View King Cement Masons Concrete Paving $64.34 7A 4U View King Cement Masons Curb & Gutter Machine $64.84 7A 4U View King Cement Masons Curb & Gutter, Sidewalks $64.34 7A 4U View King Cement Masons Curing Concrete $64.34 7A 4U View King Cement Masons Finish Colored Concrete $64.84 7A 4U View King Cement Masons Floor Grinding $64.84 7A 4U View King Cement Masons Floor Grinding/Polisher $64.34 7A 4U View King Cement Masons Green Concrete Saw, self-powered $64.84 7A 4U View King Cement Masons Grouting of all Plates $64.34 7A 4U View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Cement Masons Grouting of all Tilt-up Panels $64.34 7A 4U View King Cement Masons Gunite Nozzleman $64.84 7A 4U View King Cement Masons Hand Powered Grinder $64.84 7A 4U View King Cement Masons Journey Level $64.34 7A 4U View King Cement Masons Patching Concrete $64.34 7A 4U View King Cement Masons Pneumatic Power Tools $64.84 7A 4U View King Cement Masons Power Chipping & Brushing $64.84 7A 4U View King Cement Masons Sand Blasting Architectural Finish $64.84 7A 4U View King Cement Masons Screed & Rodding Machine $64.84 7A 4U View King Cement Masons Spackling or Skim Coat Concrete $64.34 7A 4U View King Cement Masons Troweling Machine Operator $64.84 7A 4U View King Cement Masons Troweling Machine Operator on Colored Slabs $64.84 7A 4U View King Cement Masons Tunnel Workers $64.84 7A 4U View King Divers & Tenders Bell/Vehicle or Submersible Operator (Not Under Pressure) $116.80 7A 4C View King Divers & Tenders Dive Supervisor/Master $81.98 7A 4C View King Divers & Tenders Diver $118.80 7A 4C 8V View King Divers & Tenders Diver On Standby $76.98 7A 4C View King Divers & Tenders Diver Tender $69.91 7A 4C View King Divers & Tenders Manifold Operator $69.91 7A 4C View King Divers & Tenders Manifold Operator Mixed Gas $74.91 7A 4C View King Divers & Tenders Remote Operated Vehicle Operator/Technician $69.91 7A 4C View King Divers & Tenders Remote Operated Vehicle Tender $65.19 7A 4C View King Dredge Workers Assistant Engineer $70.62 5D 3F View King Dredge Workers Assistant Mate (Deckhand)$70.07 5D 3F View King Dredge Workers Boatmen $70.62 5D 3F View King Dredge Workers Engineer Welder $71.97 5D 3F View King Dredge Workers Leverman, Hydraulic $73.41 5D 3F View King Dredge Workers Mates $70.62 5D 3F View King Dredge Workers Oiler $70.07 5D 3F View King Drywall Applicator Journey Level $64.94 5D 1H View King Drywall Tapers Journey Level $65.31 5P 1E View King Electrical Fixture Maintenance Workers Journey Level $31.99 5L 1E View King Electricians - Inside Cable Splicer $89.11 7C 4E View King Electricians - Inside Cable Splicer (tunnel)$95.77 7C 4E View King Electricians - Inside Certified Welder $86.08 7C 4E View King Electricians - Inside Certified Welder (tunnel)$92.44 7C 4E View King Electricians - Inside Construction Stock Person $43.18 7C 4E View King Electricians - Inside Journey Level $83.05 7C 4E View King Electricians - Inside Journey Level (tunnel)$89.11 7C 4E View King Electricians - Motor Shop Journey Level $47.53 5A 1B View King Electricians - Powerline Construction Cable Splicer $82.39 5A 4D View King Electricians - Powerline Construction Certified Line Welder $75.64 5A 4D View King Electricians - Powerline Construction Groundperson $49.17 5A 4D View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Electricians - Powerline Construction Heavy Line Equipment Operator $75.64 5A 4D View King Electricians - Powerline Construction Journey Level Lineperson $75.64 5A 4D View King Electricians - Powerline Construction Line Equipment Operator $64.54 5A 4D View King Electricians - Powerline Construction Meter Installer $49.17 5A 4D 8W View King Electricians - Powerline Construction Pole Sprayer $75.64 5A 4D View King Electricians - Powerline Construction Powderperson $56.49 5A 4D View King Electronic Technicians Journey Level $53.57 7E 1E View King Elevator Constructors Mechanic $97.31 7D 4A View King Elevator Constructors Mechanic In Charge $105.06 7D 4A View King Fabricated Precast Concrete Products All Classifications - In-Factory Work Only $18.25 5B 1R View King Fence Erectors Fence Erector $44.40 7A 4V 8Y View King Fence Erectors Fence Laborer $44.40 7A 4V 8Y View King Flaggers Journey Level $44.40 7A 4V 8Y View King Glaziers Journey Level $69.26 7L 1Y View King Heat & Frost Insulators And Asbestos Workers Journeyman $79.43 5J 4H View King Heating Equipment Mechanics Journey Level $89.61 7F 1E View King Hod Carriers & Mason Tenders Journey Level $54.01 7A 4V 8Y View King Industrial Power Vacuum Cleaner Journey Level $13.50 1 View King Inland Boatmen Boat Operator $61.41 5B 1K View King Inland Boatmen Cook $56.48 5B 1K View King Inland Boatmen Deckhand $57.48 5B 1K View King Inland Boatmen Deckhand Engineer $58.81 5B 1K View King Inland Boatmen Launch Operator $58.89 5B 1K View King Inland Boatmen Mate $57.31 5B 1K View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Cleaner Operator, Foamer Operator $31.49 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Grout Truck Operator $13.50 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Head Operator $24.91 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Technician $19.33 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Tv Truck Operator $20.45 1 View King Insulation Applicators Journey Level $64.94 7A 4C View King Ironworkers Journeyman $75.23 7N 1O View King Laborers Air, Gas Or Electric Vibrating Screed $52.39 7A 4V 8Y View King Laborers Airtrac Drill Operator $54.01 7A 4V 8Y View King Laborers Ballast Regular Machine $52.39 7A 4V 8Y View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Laborers Batch Weighman $44.40 7A 4V 8Y View King Laborers Brick Pavers $52.39 7A 4V 8Y View King Laborers Brush Cutter $52.39 7A 4V 8Y View King Laborers Brush Hog Feeder $52.39 7A 4V 8Y View King Laborers Burner $52.39 7A 4V 8Y View King Laborers Caisson Worker $54.01 7A 4V 8Y View King Laborers Carpenter Tender $52.39 7A 4V 8Y View King Laborers Cement Dumper-paving $53.35 7A 4V 8Y View King Laborers Cement Finisher Tender $52.39 7A 4V 8Y View King Laborers Change House Or Dry Shack $52.39 7A 4V 8Y View King Laborers Chipping Gun (30 Lbs. And Over)$53.35 7A 4V 8Y View King Laborers Chipping Gun (Under 30 Lbs.)$52.39 7A 4V 8Y View King Laborers Choker Setter $52.39 7A 4V 8Y View King Laborers Chuck Tender $52.39 7A 4V 8Y View King Laborers Clary Power Spreader $53.35 7A 4V 8Y View King Laborers Clean-up Laborer $52.39 7A 4V 8Y View King Laborers Concrete Dumper/Chute Operator $53.35 7A 4V 8Y View King Laborers Concrete Form Stripper $52.39 7A 4V 8Y View King Laborers Concrete Placement Crew $53.35 7A 4V 8Y View King Laborers Concrete Saw Operator/Core Driller $53.35 7A 4V 8Y View King Laborers Crusher Feeder $44.40 7A 4V 8Y View King Laborers Curing Laborer $52.39 7A 4V 8Y View King Laborers Demolition: Wrecking & Moving (Incl. Charred Material) $52.39 7A 4V 8Y View King Laborers Ditch Digger $52.39 7A 4V 8Y View King Laborers Diver $54.01 7A 4V 8Y View King Laborers Drill Operator (Hydraulic, Diamond) $53.35 7A 4V 8Y View King Laborers Dry Stack Walls $52.39 7A 4V 8Y View King Laborers Dump Person $52.39 7A 4V 8Y View King Laborers Epoxy Technician $52.39 7A 4V 8Y View King Laborers Erosion Control Worker $52.39 7A 4V 8Y View King Laborers Faller & Bucker Chain Saw $53.35 7A 4V 8Y View King Laborers Fine Graders $52.39 7A 4V 8Y View King Laborers Firewatch $44.40 7A 4V 8Y View King Laborers Form Setter $52.39 7A 4V 8Y View King Laborers Gabian Basket Builders $52.39 7A 4V 8Y View King Laborers General Laborer $52.39 7A 4V 8Y View King Laborers Grade Checker & Transit Person $54.01 7A 4V 8Y View King Laborers Grinders $52.39 7A 4V 8Y View King Laborers Grout Machine Tender $52.39 7A 4V 8Y View King Laborers Groutmen (Pressure) Including Post Tension Beams $53.35 7A 4V 8Y View King Laborers Guardrail Erector $52.39 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level A)$54.01 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level B)$53.35 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level C)$52.39 7A 4V 8Y View King Laborers High Scaler $54.01 7A 4V 8Y View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Laborers Jackhammer $53.35 7A 4V 8Y View King Laborers Laserbeam Operator $53.35 7A 4V 8Y View King Laborers Maintenance Person $52.39 7A 4V 8Y View King Laborers Manhole Builder-Mudman $53.35 7A 4V 8Y View King Laborers Material Yard Person $52.39 7A 4V 8Y View King Laborers Motorman-Dinky Locomotive $53.35 7A 4V 8Y View King Laborers Nozzleman (Concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Blaster, Vacuum Blaster) $53.35 7A 4V 8Y View King Laborers Pavement Breaker $53.35 7A 4V 8Y View King Laborers Pilot Car $44.40 7A 4V 8Y View King Laborers Pipe Layer Lead $54.01 7A 4V 8Y View King Laborers Pipe Layer/Tailor $53.35 7A 4V 8Y View King Laborers Pipe Pot Tender $53.35 7A 4V 8Y View King Laborers Pipe Reliner $53.35 7A 4V 8Y View King Laborers Pipe Wrapper $53.35 7A 4V 8Y View King Laborers Pot Tender $52.39 7A 4V 8Y View King Laborers Powderman $54.01 7A 4V 8Y View King Laborers Powderman's Helper $52.39 7A 4V 8Y View King Laborers Power Jacks $53.35 7A 4V 8Y View King Laborers Railroad Spike Puller - Power $53.35 7A 4V 8Y View King Laborers Raker - Asphalt $54.01 7A 4V 8Y View King Laborers Re-timberman $54.01 7A 4V 8Y View King Laborers Remote Equipment Operator $53.35 7A 4V 8Y View King Laborers Rigger/Signal Person $53.35 7A 4V 8Y View King Laborers Rip Rap Person $52.39 7A 4V 8Y View King Laborers Rivet Buster $53.35 7A 4V 8Y View King Laborers Rodder $53.35 7A 4V 8Y View King Laborers Scaffold Erector $52.39 7A 4V 8Y View King Laborers Scale Person $52.39 7A 4V 8Y View King Laborers Sloper (Over 20")$53.35 7A 4V 8Y View King Laborers Sloper Sprayer $52.39 7A 4V 8Y View King Laborers Spreader (Concrete)$53.35 7A 4V 8Y View King Laborers Stake Hopper $52.39 7A 4V 8Y View King Laborers Stock Piler $52.39 7A 4V 8Y View King Laborers Swinging Stage/Boatswain Chair $44.40 7A 4V 8Y View King Laborers Tamper & Similar Electric, Air & Gas Operated Tools $53.35 7A 4V 8Y View King Laborers Tamper (Multiple & Self-propelled)$53.35 7A 4V 8Y View King Laborers Timber Person - Sewer (Lagger, Shorer & Cribber) $53.35 7A 4V 8Y View King Laborers Toolroom Person (at Jobsite)$52.39 7A 4V 8Y View King Laborers Topper $52.39 7A 4V 8Y View King Laborers Track Laborer $52.39 7A 4V 8Y View King Laborers Track Liner (Power)$53.35 7A 4V 8Y View King Laborers Traffic Control Laborer $47.48 7A 4V 9C View King Laborers Traffic Control Supervisor $50.31 7A 4V 9C View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Laborers Truck Spotter $52.39 7A 4V 8Y View King Laborers Tugger Operator $53.35 7A 4V 8Y View King Laborers Tunnel Work-Compressed Air Worker 0-30 psi $129.67 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 30.01-44.00 psi $134.70 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 44.01-54.00 psi $138.38 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 54.01-60.00 psi $144.08 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 60.01-64.00 psi $146.20 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 64.01-68.00 psi $151.30 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 68.01-70.00 psi $153.20 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 70.01-72.00 psi $155.20 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 72.01-74.00 psi $157.20 7A 4V 9B View King Laborers Tunnel Work-Guage and Lock Tender $54.11 7A 4V 8Y View King Laborers Tunnel Work-Miner $54.11 7A 4V 8Y View King Laborers Vibrator $53.35 7A 4V 8Y View King Laborers Vinyl Seamer $52.39 7A 4V 8Y View King Laborers Watchman $40.36 7A 4V 8Y View King Laborers Welder $53.35 7A 4V 8Y View King Laborers Well Point Laborer $53.35 7A 4V 8Y View King Laborers Window Washer/Cleaner $40.36 7A 4V 8Y View King Laborers - Underground Sewer & Water General Laborer & Topman $52.39 7A 4V 8Y View King Laborers - Underground Sewer & Water Pipe Layer $53.35 7A 4V 8Y View King Landscape Construction Landscape Construction/Landscaping Or Planting Laborers $40.36 7A 4V 8Y View King Landscape Construction Landscape Operator $72.28 7A 3K 8X View King Landscape Maintenance Groundskeeper $17.87 1 View King Lathers Journey Level $64.94 5D 1H View King Marble Setters Journey Level $60.57 7E 1N View King Metal Fabrication (In Shop)Journey Level $40.08 1 View King Millwright Journey Level $66.44 7A 4C View King Modular Buildings Cabinet Assembly $13.50 1 View King Modular Buildings Electrician $13.50 1 View King Modular Buildings Equipment Maintenance $13.50 1 View King Modular Buildings Plumber $13.50 1 View King Modular Buildings Production Worker $13.50 1 View King Modular Buildings Tool Maintenance $13.50 1 View King Modular Buildings Utility Person $13.50 1 View King Modular Buildings Welder $13.50 1 View King Painters Journey Level $43.40 6Z 2B View King Pile Driver Crew Tender $69.91 7A 4C View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Pile Driver Crew Tender/Technician $69.91 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 0-30.00 PSI $80.76 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 30.01 - 44.00 PSI $85.76 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 44.01 - 54.00 PSI $89.76 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 54.01 - 60.00 PSI $94.76 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 60.01 - 64.00 PSI $97.26 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 64.01 - 68.00 PSI $102.26 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 68.01 - 70.00 PSI $104.26 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 70.01 - 72.00 PSI $106.26 7A 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 72.01 - 74.00 PSI $108.26 7A 4C View King Pile Driver Journey Level $65.19 7A 4C View King Plasterers Journey Level $61.67 7Q 1R View King Playground & Park Equipment Installers Journey Level $13.50 1 View King Plumbers & Pipefitters Journey Level $90.69 6Z 1G View King Power Equipment Operators Asphalt Plant Operators $73.49 7A 3K 8X View King Power Equipment Operators Assistant Engineer $69.12 7A 3K 8X View King Power Equipment Operators Barrier Machine (zipper)$72.84 7A 3K 8X View King Power Equipment Operators Batch Plant Operator: concrete $72.84 7A 3K 8X View King Power Equipment Operators Bobcat $69.12 7A 3K 8X View King Power Equipment Operators Brokk - Remote Demolition Equipment $69.12 7A 3K 8X View King Power Equipment Operators Brooms $69.12 7A 3K 8X View King Power Equipment Operators Bump Cutter $72.84 7A 3K 8X View King Power Equipment Operators Cableways $73.49 7A 3K 8X View King Power Equipment Operators Chipper $72.84 7A 3K 8X View King Power Equipment Operators Compressor $69.12 7A 3K 8X View King Power Equipment Operators Concrete Finish Machine - Laser Screed $69.12 7A 3K 8X View King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure $72.28 7A 3K 8X View King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $73.49 7A 3K 8X View King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $72.84 7A 3K 8X View King Power Equipment Operators Conveyors $72.28 7A 3K 8X View King Power Equipment Operators Cranes friction: 200 tons and over $75.72 7A 3K 8X View King Power Equipment Operators Cranes: 100 tons through 199 tons, or 150' of boom (including jib with attachments) $74.22 7A 3K 8X View King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $72.84 7A 3K 8X View King Power Equipment Operators Cranes: 200 tons- 299 tons, or 250'$74.99 7A 3K 8X View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] of boom including jib with attachments King Power Equipment Operators Cranes: 300 tons and over or 300' of boom including jib with attachments $75.72 7A 3K 8X View King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $73.49 7A 3K 8X View King Power Equipment Operators Cranes: A-frame - 10 Tons And Under $69.12 7A 3K 8X View King Power Equipment Operators Cranes: Friction cranes through 199 tons $74.99 7A 3K 8X View King Power Equipment Operators Cranes: through 19 tons with attachments, A-frame over 10 tons $72.28 7A 3K 8X View King Power Equipment Operators Crusher $72.84 7A 3K 8X View King Power Equipment Operators Deck Engineer/Deck Winches (power) $72.84 7A 3K 8X View King Power Equipment Operators Derricks, On Building Work $73.49 7A 3K 8X View King Power Equipment Operators Dozers D-9 & Under $72.28 7A 3K 8X View King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $72.28 7A 3K 8X View King Power Equipment Operators Drilling Machine $74.22 7A 3K 8X View King Power Equipment Operators Elevator And Man-lift: Permanent And Shaft Type $69.12 7A 3K 8X View King Power Equipment Operators Finishing Machine, Bidwell And Gamaco & Similar Equipment $72.84 7A 3K 8X View King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $72.28 7A 3K 8X View King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $69.12 7A 3K 8X View King Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $72.84 7A 3K 8X View King Power Equipment Operators Gradechecker/Stakeman $69.12 7A 3K 8X View King Power Equipment Operators Guardrail Punch $72.84 7A 3K 8X View King Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over $73.49 7A 3K 8X View King Power Equipment Operators Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $72.84 7A 3K 8X View King Power Equipment Operators Horizontal/Directional Drill Locator $72.28 7A 3K 8X View King Power Equipment Operators Horizontal/Directional Drill Operator $72.84 7A 3K 8X View King Power Equipment Operators Hydralifts/Boom Trucks Over 10 Tons $72.28 7A 3K 8X View King Power Equipment Operators Hydralifts/Boom Trucks, 10 Tons And Under $69.12 7A 3K 8X View King Power Equipment Operators Loader, Overhead 8 Yards. & Over $74.22 7A 3K 8X View King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $73.49 7A 3K 8X View King Power Equipment Operators Loaders, Overhead Under 6 Yards $72.84 7A 3K 8X View King Power Equipment Operators Loaders, Plant Feed $72.84 7A 3K 8X View King Power Equipment Operators Loaders: Elevating Type Belt $72.28 7A 3K 8X View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Power Equipment Operators Locomotives, All $72.84 7A 3K 8X View King Power Equipment Operators Material Transfer Device $72.84 7A 3K 8X View King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $74.22 7A 3K 8X View King Power Equipment Operators Motor Patrol Graders $73.49 7A 3K 8X View King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $73.49 7A 3K 8X View King Power Equipment Operators Oil Distributors, Blower Distribution & Mulch Seeding Operator $69.12 7A 3K 8X View King Power Equipment Operators Outside Hoists (Elevators And Manlifts), Air Tuggers, Strato $72.28 7A 3K 8X View King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $72.84 7A 3K 8X View King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $74.22 7A 3K 8X View King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $73.49 7A 3K 8X View King Power Equipment Operators Pavement Breaker $69.12 7A 3K 8X View King Power Equipment Operators Pile Driver (other Than Crane Mount) $72.84 7A 3K 8X View King Power Equipment Operators Plant Oiler - Asphalt, Crusher $72.28 7A 3K 8X View King Power Equipment Operators Posthole Digger, Mechanical $69.12 7A 3K 8X View King Power Equipment Operators Power Plant $69.12 7A 3K 8X View King Power Equipment Operators Pumps - Water $69.12 7A 3K 8X View King Power Equipment Operators Quad 9, Hd 41, D10 And Over $73.49 7A 3K 8X View King Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $69.12 7A 3K 8X View King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $73.49 7A 3K 8X View King Power Equipment Operators Rigger and Bellman $69.12 7A 3K 8X View King Power Equipment Operators Rigger/Signal Person, Bellman (Certified) $72.28 7A 3K 8X View King Power Equipment Operators Rollagon $73.49 7A 3K 8X View King Power Equipment Operators Roller, Other Than Plant Mix $69.12 7A 3K 8X View King Power Equipment Operators Roller, Plant Mix Or Multi-lift Materials $72.28 7A 3K 8X View King Power Equipment Operators Roto-mill, Roto-grinder $72.84 7A 3K 8X View King Power Equipment Operators Saws - Concrete $72.28 7A 3K 8X View King Power Equipment Operators Scraper, Self Propelled Under 45 Yards $72.84 7A 3K 8X View King Power Equipment Operators Scrapers - Concrete & Carry All $72.28 7A 3K 8X View King Power Equipment Operators Scrapers, Self-propelled: 45 Yards And Over $73.49 7A 3K 8X View King Power Equipment Operators Service Engineers - Equipment $72.28 7A 3K 8X View King Power Equipment Operators Shotcrete/Gunite Equipment $69.12 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoe, Tractors Under 15 Metric Tons $72.28 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $73.49 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoes,$72.84 7A 3K 8X View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $74.22 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $74.99 7A 3K 8X View King Power Equipment Operators Slipform Pavers $73.49 7A 3K 8X View King Power Equipment Operators Spreader, Topsider & Screedman $73.49 7A 3K 8X View King Power Equipment Operators Subgrader Trimmer $72.84 7A 3K 8X View King Power Equipment Operators Tower Bucket Elevators $72.28 7A 3K 8X View King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $74.22 7A 3K 8X View King Power Equipment Operators Tower Crane: over 175’ through 250’ in height, base to boom $74.99 7A 3K 8X View King Power Equipment Operators Tower Cranes: over 250' in height from base to boom $75.72 7A 3K 8X View King Power Equipment Operators Transporters, All Track Or Truck Type $73.49 7A 3K 8X View King Power Equipment Operators Trenching Machines $72.28 7A 3K 8X View King Power Equipment Operators Truck Crane Oiler/driver - 100 Tons And Over $72.84 7A 3K 8X View King Power Equipment Operators Truck Crane Oiler/Driver Under 100 Tons $72.28 7A 3K 8X View King Power Equipment Operators Truck Mount Portable Conveyor $72.84 7A 3K 8X View King Power Equipment Operators Welder $73.49 7A 3K 8X View King Power Equipment Operators Wheel Tractors, Farmall Type $69.12 7A 3K 8X View King Power Equipment Operators Yo Yo Pay Dozer $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Asphalt Plant Operators $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Assistant Engineer $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Barrier Machine (zipper)$72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Batch Plant Operator, Concrete $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Bobcat $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Brokk - Remote Demolition Equipment $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Brooms $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Bump Cutter $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cableways $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Chipper $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Compressor $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Concrete Finish Machine - Laser Screed $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure $72.28 7A 3K 8X View King Power Equipment Operators-Concrete Pump: Truck Mount With $73.49 7A 3K 8X View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] Underground Sewer & Water Boom Attachment Over 42 M King Power Equipment Operators- Underground Sewer & Water Concrete Pump: Truck Mount With Boom Attachment Up To 42m $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Conveyors $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes friction: 200 tons and over $75.72 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 100 tons through 199 tons, or 150' of boom (including jib with attachments) $74.22 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 20 Tons Through 44 Tons With Attachments $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments $74.99 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 300 tons and over or 300' of boom including jib with attachments $75.72 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: A-frame - 10 Tons And Under $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: Friction cranes through 199 tons $74.99 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: through 19 tons with attachments, A-frame over 10 tons $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Crusher $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Deck Engineer/Deck Winches (power) $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Derricks, On Building Work $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Dozers D-9 & Under $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Drill Oilers: Auger Type, Truck Or Crane Mount $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Drilling Machine $74.22 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Elevator And Man-lift: Permanent And Shaft Type $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Finishing Machine, Bidwell And Gamaco & Similar Equipment $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Forklift: 3000 Lbs And Over With Attachments $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Forklifts: Under 3000 Lbs. With Attachments $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Grade Engineer: Using Blue Prints, Cut Sheets, Etc $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Gradechecker/Stakeman $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Guardrail Punch $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over $73.49 7A 3K 8X View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Power Equipment Operators- Underground Sewer & Water Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Horizontal/Directional Drill Locator $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Horizontal/Directional Drill Operator $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Hydralifts/Boom Trucks Over 10 Tons $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Hydralifts/Boom Trucks, 10 Tons And Under $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loader, Overhead 8 Yards. & Over $74.22 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loader, Overhead, 6 Yards. But Not Including 8 Yards $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loaders, Overhead Under 6 Yards $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loaders, Plant Feed $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loaders: Elevating Type Belt $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Locomotives, All $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Material Transfer Device $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $74.22 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Motor Patrol Graders $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Oil Distributors, Blower Distribution & Mulch Seeding Operator $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Outside Hoists (Elevators And Manlifts), Air Tuggers, Strato $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type: 100 Tons And Over $74.22 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type: 45 Tons Through 99 Tons $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Pavement Breaker $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Pile Driver (other Than Crane Mount) $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Plant Oiler - Asphalt, Crusher $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Posthole Digger, Mechanical $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Power Plant $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Pumps - Water $69.12 7A 3K 8X View King Power Equipment Operators-Quad 9, Hd 41, D10 And Over $73.49 7A 3K 8X View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] Underground Sewer & Water King Power Equipment Operators- Underground Sewer & Water Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Remote Control Operator On Rubber Tired Earth Moving Equipment $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Rigger and Bellman $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Rigger/Signal Person, Bellman (Certified) $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Rollagon $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Roller, Other Than Plant Mix $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Roller, Plant Mix Or Multi-lift Materials $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Roto-mill, Roto-grinder $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Saws - Concrete $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Scraper, Self Propelled Under 45 Yards $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Scrapers - Concrete & Carry All $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Scrapers, Self-propelled: 45 Yards And Over $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Service Engineers - Equipment $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shotcrete/Gunite Equipment $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoe, Tractors Under 15 Metric Tons $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $74.22 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes: Over 90 Metric Tons $74.99 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Slipform Pavers $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Spreader, Topsider & Screedman $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Subgrader Trimmer $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Bucket Elevators $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Crane Up To 175' In Height Base To Boom $74.22 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Crane: over 175’ through 250’ in height, base to boom $74.99 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Cranes: over 250' in height from base to boom $75.72 7A 3K 8X View King Power Equipment Operators-Transporters, All Track Or Truck $73.49 7A 3K 8X View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] Underground Sewer & Water Type King Power Equipment Operators- Underground Sewer & Water Trenching Machines $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Truck Crane Oiler/driver - 100 Tons And Over $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Truck Crane Oiler/Driver Under 100 Tons $72.28 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Truck Mount Portable Conveyor $72.84 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Welder $73.49 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Wheel Tractors, Farmall Type $69.12 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Yo Yo Pay Dozer $72.84 7A 3K 8X View King Power Line Clearance Tree Trimmers Journey Level In Charge $53.10 5A 4A View King Power Line Clearance Tree Trimmers Spray Person $50.40 5A 4A View King Power Line Clearance Tree Trimmers Tree Equipment Operator $53.10 5A 4A View King Power Line Clearance Tree Trimmers Tree Trimmer $47.48 5A 4A View King Power Line Clearance Tree Trimmers Tree Trimmer Groundperson $36.10 5A 4A View King Refrigeration & Air Conditioning Mechanics Journey Level $85.51 6Z 1G View King Roofers Journey Level $55.55 5A 3H View King Roofers Using Irritable Bituminous Materials $58.55 5A 3H View King Sheet Metal Workers Journey Level (Field or Shop)$89.61 7F 1E View King Shipbuilding & Ship Repair New Construction Boilermaker $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Carpenter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Crane Operator $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Electrician $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Heat & Frost Insulator $79.43 5J 4H View King Shipbuilding & Ship Repair New Construction Laborer $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Machinist $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Operating Engineer $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Painter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Pipefitter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Rigger $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Sheet Metal $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Shipfitter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Warehouse/Teamster $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Welder / Burner $36.36 7V 1 View King Shipbuilding & Ship Repair Ship Repair Boilermaker $46.15 7X 4J View King Shipbuilding & Ship Repair Ship Repair Carpenter $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Crane Operator $45.06 7Y 4K View King Shipbuilding & Ship Repair Ship Repair Electrician $47.42 7X 4J View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Shipbuilding & Ship Repair Ship Repair Heat & Frost Insulator $79.43 5J 4H View King Shipbuilding & Ship Repair Ship Repair Laborer $46.15 7X 4J View King Shipbuilding & Ship Repair Ship Repair Machinist $46.15 7X 4J View King Shipbuilding & Ship Repair Ship Repair Operating Engineer $45.06 7Y 4K View King Shipbuilding & Ship Repair Ship Repair Painter $46.15 7X 4J View King Shipbuilding & Ship Repair Ship Repair Pipefitter $46.15 7X 4J View King Shipbuilding & Ship Repair Ship Repair Rigger $46.15 7X 4J View King Shipbuilding & Ship Repair Ship Repair Sheet Metal $46.15 7X 4J View King Shipbuilding & Ship Repair Ship Repair Shipwright $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Warehouse / Teamster $45.06 7Y 4K View King Sign Makers & Installers (Electrical)Journey Level $49.44 0 1 View King Sign Makers & Installers (Non- Electrical) Journey Level $31.96 0 1 View King Soft Floor Layers Journey Level $51.07 5A 3J View King Solar Controls For Windows Journey Level $13.50 1 View King Sprinkler Fitters (Fire Protection)Journey Level $84.39 5C 1X View King Stage Rigging Mechanics (Non Structural) Journey Level $13.50 1 View King Stone Masons Journey Level $60.57 7E 1N View King Street And Parking Lot Sweeper Workers Journey Level $19.09 1 View King Surveyors Assistant Construction Site Surveyor $72.28 7A 3K 8X View King Surveyors Chainman $69.12 7A 3K 8X View King Surveyors Construction Site Surveyor $73.49 7A 3K 8X View King Telecommunication Technicians Journey Level $53.57 7E 1E View King Telephone Line Construction - Outside Cable Splicer $41.81 5A 2B View King Telephone Line Construction - Outside Hole Digger/Ground Person $23.53 5A 2B View King Telephone Line Construction - Outside Installer (Repairer)$40.09 5A 2B View King Telephone Line Construction - Outside Special Aparatus Installer I $41.81 5A 2B View King Telephone Line Construction - Outside Special Apparatus Installer II $40.99 5A 2B View King Telephone Line Construction - Outside Telephone Equipment Operator (Heavy) $41.81 5A 2B View King Telephone Line Construction - Outside Telephone Equipment Operator (Light) $38.92 5A 2B View King Telephone Line Construction - Outside Telephone Lineperson $38.92 5A 2B View King Telephone Line Construction - Outside Television Groundperson $22.32 5A 2B View King Telephone Line Construction - Outside Television Lineperson/Installer $29.60 5A 2B View King Telephone Line Construction - Outside Television System Technician $35.20 5A 2B View King Telephone Line Construction - Outside Television Technician $31.67 5A 2B View King Telephone Line Construction - Outside Tree Trimmer $38.92 5A 2B View https://secure.lni.wa.gov/wagelookup/[9/29/2020 4:37:47 PM] King Tile Setters Journey Level $55.71 7E 1N View King Tile, Marble & Terrazzo Finishers Finisher $46.54 7E 1N View King Traffic Control Stripers Journey Level $49.13 7A 1K View King Truck Drivers Asphalt Mix Over 16 Yards $63.85 5D 4Y 8L View King Truck Drivers Asphalt Mix To 16 Yards $63.71 5D 4Y 8L View King Truck Drivers Dump Truck $63.71 5D 4Y 8L View King Truck Drivers Dump Truck & Trailer $63.85 5D 4Y 8L View King Truck Drivers Other Trucks $63.85 5D 4Y 8L View King Truck Drivers - Ready Mix Transit Mix $63.85 5D 4Y 8L View King Well Drillers & Irrigation Pump Installers Irrigation Pump Installer $17.71 1 View King Well Drillers & Irrigation Pump Installers Oiler $13.50 1 View King Well Drillers & Irrigation Pump Installers Well Driller $18.00 1 View