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HomeMy WebLinkAboutCAG2021-254 - Original - Carey's Small Arms Range Ventilation - Firing Range Ventilation System Upgrade - 05/26/2021KENT Agreement Routing Form For Approvals, Signatures and Records Management This form tombines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper)WaSHTNGToN IE oLee Originator: Jalene King Department: Police Date Sent: 5t24121 Date Required: Authorized to Sign: E Director or Designee E MaYor Date of Council Approval Budget Account Number: 1 00021 00.641 90.31 1 0 Budget? EYes E No Grant? EYes ENo Type: co ibt IE ELorts E +,tro Eq,olrol Vendor Name: Carey's Heating & Air Conditioning lnc. dba Carey's Small Arms Range Ventilation Category: Contract Vendor Number: 2230327 Sub-Category: project 1r1u*". Firing Range ventilation System upgrade project Detaits:D€ffiolition of current system and lnstallation of upgraded system Agreement Amount $36'636.87 Start Date: Basis for Selection of Contractor: Termination Date: 90 Days after approval Local Business? EYes Ef No* *lf meets requirements per KCC 3.70..-00, please complete "Vendor Purchase-Local Exceptions" form on Cityspace. Notice required prior to disclosure? EYes E No Contract Numben org P J\.o EEar=Ei IEtr .9 UI Date Received by City Attorney:Comments: Date Routed to the Mayor's Office: Date Routed to the City Clerk's Office: ad(W22373-1-20 Visit Documents.KentWA.gov to obtain copies of all agreements 5/25/2021 The agreement amount of $36,636.87 includes the amount listed on the scope plus 10.1% sales tax of the entire contract amount; consultant services and design services are not taxable so the total contract cost is likely to be less than $36,636.87. OK to sign, TW, 5/26/2021. CAG2021-254 Original N/A KE TuatHtiotot CONSULTANT SERVICES AGREEMENT between the City of Kent and Carey's Small Arms Range Ventilation THIS AGREEMENT ls made between the City of Kent, a Washington munlcipal corporatlon (hereinafter the "Clty"), and Carey's Heatlng & Air Conditionlng Inc. dba Carey's Small Arms Range Ventilagon organlzed under the laws of the Slate of lllinols, locat-ed and doing buiiness at 8201 W 183'd Si., Untt S, tiitey Park, Illlnois 60487, Phone Number (7OB) 532'2449 (hereinafter the "Consultant"). I, DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specificatlons: The Consultant shall provide all necessary information to upgrade the Clty of Kent firing range ventilation system, located at24523115 Ave SE, Kent Wa' 98030. This information will include demolltlon of the current system and lnstallatlon of the upgraded system, as described ln the attached Exhibit A, incorporated herin. The Consultant further represents that the services furnished under this Agreement wlll be performed in accordance wlth generally accepted professlonal practices within the Puget Sound region in effect at the time those servlces are performed' II, TItrtE OF COMPLETION. The partles agree that work will begin on the tasks described in Secgon I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described ln Sectlon I withingO days of the approved seruices agreement III. COMPENSATIOI{. A. The city shall pay the consultant, based on flme and materials, an amount not to exceed g361036.87, bi the servlces described in this Agreement. Thlt ls the maximum amount to be iald under thls Agreement for the work descrlbed in Section I above, and shall not be exceeded without the prior written authorization of the CiW in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services iontracted for herein shall remain locked at the negotiated rateis; foi a period of one (1) year from the effective date of this Agreement' The consultant's billlng rates shall be as delineated in ExhibitA. B. The Consultant shall submit monthly payment involces to the City for work performed, and a final bllt upon completlon of all services described in this Agreement. The Clty shall provtde payment within forty-flve (45) days of receipt of an invoice. If the City obJects to all or iny fortion of an invoice, It shali notify the Consultant and reserues the option to only pay that iortion of the involce not in dispute. In that event, the pafties wlll immedlately make every effott to settle the disputed pottlon. C. Card payment Program. The Consultant may elect to partlclpate ln automated credlt card paymfils provlOea foFby the City and its financial lnstitutlon. Thls Prog9m is ptovided as an alternative to payment by check and ls available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant wlll be solely CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) responsible for any fees lmposed by financial lnstitutions or credlt card companies. The Consultant shall not charge those fees back to the City' IV. II{DEPENDENT COilTRACTOR. The parties lntend that an Independent Contractor- Employer Relatlonshlp wlll be created by this Agrcement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCll/, the partles make the following representations: A. The Consultant has the ability to control and dlrect the performance and details of its work, the City being interested only in the results obtained under this Agreement. The Consultant malntains and pays for its own place of business from which the Consultant's seruices under this Agreement will be performed. The Consultant has an established and lndependent business that is ellglble for a business deduction for federal Income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged ln an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. The Consultant is responsible for filing as they become due all necessary tax documents wlth approprlate federal and state agencles, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account wlth the state Department of Revenue and other state agencies as may be required by the Consultant! business, and has obtained a Unlfied Business ldentifier (UBI) number from the State of Washington. F. The Consultant malntains a set of books dedicated to the expenses and earnlngs of its business. V. TERIIINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thlrty (30) days written notice at its address set forth on the signature block of tnis Rgreement. Aiter termination, the City may take possession of all records and data wlthin the Consuilant's possesslon pertalnlng to thls proJect, whlch may be used by the City without restrlction. If the Clty,s use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. vI. FORCE MAJEURE. Neither party shall be liable to the other For breach due to delay or fallure in performance resulting from acts of God, acts of war or of the public enemy' riots, pandemlc, flre, flood, or other natural disaster or acts of government f'force majeure event"). Performance that ls 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 signlng thls Agreement, they are able to perform as iequired ind their performance will not be prevented, hlndered, or delayed by the current COVID-19 pandemic, any existing state or natlonal declarations of emergency, or any current social distancing iestrictions or personaf protective equlpment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance ls prevented or delayed by a force maJeure event, the party whose performance is prevented or delayed shall promptly notlfy the other party of the existence and nature of the force ma5euie event causing the preventlon or delay ln performance. Any excuse from liabillty shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provlded, that the party prevented or delayed has not caused such event to occur and continues to use dlllgent, good faith efforts to avoid the effects of such event and to perform the obligatlon. Notwithstandlng other provlslons of this section, the Consultant shall not be entitled to, and the City shall not be liabte for, the payment of any paft of the contract price during a force maJeure event, or CONSULTANT SERVICES AGREEMENT - 2 (0ver $20,000) B. c. D any costs, losses, expenses, damages, or delay costs lncurred by the Consultant due to a force maJeure event. Performance that ls 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 Consultant 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 slte durlng the force majeure event, The cost to restart, change, or secure the work or project site arislng from a directlon by the Clty under thls clause will be dealt with as a change otder, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulflll its obllgations under thls Agreement. Except as expressly contemplated by this sectlon, all other costs wlll be borne by the Consultant. VIf. DISCRIITIINATION. In the hiring of employees for the pefformance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person actlng on behalf of the Consultant or subcontractor shall not, by reason of race, rellglon, color. sex, age, sexual orientation, national origln, or the presence of any sensory, mental, or physical dlsabillty, discriminate agalnst any person who is qualified and available to pedorm the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with Clty Adminlstrative Policy 1.2, and upon completlon of the contract work, file the attached Compliance Statement. VIn. INDEMNIFICATION.The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or sults, including all legal costs and attorney fees, arising out of or in connection wlth the Consultant's performance of thls Agreement, except for that portion of the injurles and damages caused by the Clty's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of lndemnlflcation. Should a court of competent Jurlsdiction determlne that this Agreement is subject to RCW 4,24.L15t then, in the event of liabllity for damages arising out of bodily iniury to persons or damages to property caused by or resultlng from the concurrent negligence of the Consultant and the City, lts officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemniff, and hold the City harmless, and the Consultantt liabiliW accruing from that obllgatlon shall be only to the extent of the Consulta nt's negllgence. IT IS FURTHER SPECTFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANTS WAIVER OF IMMUNIry UNDER INDUSTRJAL INSUMNCE, 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 Consultant refuses tender of defense in any sult or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determlned by a coutt havlng jurisdlction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, lncluding 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 Consultant's Part. The provisions of this section shall suwive the expiratlon or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintaln for the duration of the Agreement, insurance of the types and in the amounts descrlbed ln Exhlblt B attached and incorporated by thls reference. X. EXCHAI{GE OF INFORMATION. The Clty wlll provide its best efrorts to provide reasonable accuracy of any informatlon supplled by lt to the Consultant for the purpose of completion of the work under thls Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) xI. owNERtSHIp AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under thls Agreement shall belong to and becolne thi property of the City. All records submltted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon tlie City,s request. The Consultant acknowledges that the Clty is a public agency subject to the Public Records Act codified ln Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the CiW in satisfying the City's duties and obligations under the Public Records Act. The City,s use oi reuse of any of the documents, data, and files created by the Consultant for this proiect by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. xil. clw's RIGHT OF INSPECTION, Even though the consultant is an independent contractor wlth the authorlty to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the Clty and shall be subject to the City's general right of inspection to secure satisfactory completion, xilI. woRK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of lts employees, agents, and subcontractors in the berformance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other artlcles used or held fior use in connection with the work. XIV. HISCELLAI{EOUS PROVISIONS. A. Recyclable Materials, Puruant to Chapter 3.80 of the Kent City Cocle, the City requires lts contractors and cons.ritants to use recycled and recyclable products whenever practicable, A price preference may be avallable for any designated recycled product. B. Non-WAiyer of Breach. The failure of the City to insist upon strict performance of any of the covenants anO agreernents contained in thls Agreement, or to exercise any option conferred by this Agreement in oni or more instances shall not be construed to be a walver or rellnqulshment of those covenants, agreements or options, and the same shall be and remaln ln full force and effect. C. Resolutlon of Dlsputes and Governing Lew, Thls Agreement shall be governed by and construed ln accoraance wlttr the laws of the State of Washlngton. If the parties are unable to settle any dlspute, dlfference or claim arising from the parties' performance of this Agreement, the exclusive means of iesoiving that dispute, dtfferencl or clalm, shall only be by filing suit exclusively under the venue, rules and jurisdlition of the King County Superlor Court, KIng County, Washington_, unless the parties agree in wrltiig to an alternagve tlispute resolution process. In any claim or lawsuit for damages arising from the partie6' performance of this Agreement, each party shall pay all its.legal costs_and attorney's fees incurred in defending or bringlng such clalm or lawsuit, including all appeals, in addition to any other recovery or award provided by lJwf provtded, however, nothinE in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of thls Agreement. D. Written Notice, All communications regarding this Agreement shall be sent to the parties at the addrcsses tisted on the slgnature page of the Agreernent, unless notified to the contrary. Any wrltten notice hereunder shall become effectlve lhree (3) business days after the date of mailing by reglstered or cerlfied mail, and shall be deemed sufficiently given lf sent to the addressee at the address stated in thls Agreement or such other address as may be hereafter specifted in wrltlng. E. Asslgnment. Any asslgnment of this Agreement by either party wlthout the written consent of the non-assigning party shail be vold, If the non-assignlng party gives lts consent to any asslgnment' the terms of thls ngieement shall continue ln full force and effect and no further assignment shall be made without addltlonal written consent. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,00O) F. Modiflcation, No walver, alteratlon, or modification of any of the provisions of this Agreement shall be blndlng unless in writing and slgned by a duly authorized representative of the City and the Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together wlth any Exhiblts attached hereto, shall supersede all prlor verbal statements of any ofrlcer or other representative of the Clty, and such statements shall not be effective or be construed as entering into or forming a part of or alterlng ln any manner this Agreement, All of the above documents are hereby made a part of this Agreement. However, should any language ln any of the Exhibits to thls Agreement conflict wlth any language contained in this AEreement, the terms of this Agreement shall prevail. H. Compllance wlth Laws. The Consultant agrees to comply wlth all federal, state, and municlpal laws, rules, and regulations that are now effective or ln the future become applicable to the Consultant's business, equlpment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Publlc Records Act. The Consultant acknowledges that the Clty ls a public agency subJect to the Public Records Act codlffed in Chapter 42.56 of the Revised Code of Washington and documents, notes, emalls, and other records prepared or gathered by the Consultant in lts pedormance of this Agreement may be subJect to publlc revlew and disclosure, even lf those records are not produced to or possessed by the Clty of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Publlc Records Act. J. City Business License Requlred. Prior to commenclng the tasks descrlbed ln Section I, Contractor agrees to provlde proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent Clty Code. CITY OF KENTr Prlnt Name: DATE: By lla Mrwnr (signature) Dana R.alohPrlnt Name: (tftte) K. Counteroarts and Signatures bv Fax or Emall. number of counterparts, each of which shall constitute an origl Agreement may be executed in any and all of which will together constitute thls one Agreement. Further, upon executing thls party may deliver the signature page to the other by fax or email and that signature shall have same force and effect as if the Agreement bearing the orlglnal signaturc was received ln person IN WITNESS, thc paftles below €xecute AgrcGmGnt, which chall becomc cffcctlve on the last date entered below.All acts co wlth the authority of this Agreement and prior to lts effectlve date are ratifiad and to havc appfled, and the terms of the Agrccmcnt shall be deemcd CONSULTANT SERVICES AGREEMENT - 5 (Qver $20,000) NOTICES TO BE SENT TO: GONSULTANT: Brlan wright Carey's Heating &Air Conditloning Inc. dba Carey's Small Arms Range Ventllation 8201 W. 183 St Unit B NOTICES TO BE SENT TO: CITY OF KENT: Christopher Sprague City of Kent 220 Fourth Avenue South Kent, WA 98032 05/26/2021 Tinley Park, Il 60487 (7 o8)s32-2449 (te le pho ne ) o 081429-21 50 (facsl m i le) (253) 856-5857 (telephone) (253) 856-6805 (facsimlle) APPROVED AS TO FOR}-I: Kent Law Department ATTEST: Kent Cle lln thb ftld. !6n trrNt, €nt:r th3 rlcctlulE tll€e*h whlc th. onbrct has lrcn 3x.di CONSULTANT SERVICES AGREEMENT . 6 (Over $20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal oppoftunity. 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 oppoftunity policies. The following questions specifically identlfy the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is reguired on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or suppller willfully misrepresents themselves with regard to the direcllves outllnes, lt wlll be consldered a breach of contract and lt wlll be at the City's sole determination regardlng suspension or termination for all or part of the Agreement; The questlons are as follows: 1. I have read the attached City of Kent administratlve pollcy number 1'2' 2. During the time of this Agreement I wlll not discrlmlnate ln employment on the basis of sex, race, color, national-origin, age, or the presence of all sensory, mental or physical disabillty. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indlcating commitment as an equal opportunity employer. 4. Durlng the time of the Agreement I, the prlme contractor, wlll actively consider hiring and promotion of women and minorities. 5. Before acceptance of thls Agreement, an adherence statement will be signed by me, the prime Contractor, that the Prime Contractor complied with the requirements as set fotth above. By signing below, I agree to fulfill ments referenced a Date {*l J\ By: For Tltle: EEO COMPLIANCE DOCUMENTS - 1 CXTY OF KENT ADUINISTRATIVE POLICY NUMBER: t.2 EFFECTIVE DATE: JanuarY 1, 1998 SUBJECT: POLICY: Equal employment opportunlty requlrements for the City of Kent will conform to federal and stite 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 t6 $rO,Otid or more withln any given year, must take the following afflrmatlve steps: 1. provide a wrltten statement to all new employees and subcontractors indicatlng commitment as an equal oppoftunity employer. Z. Acgvely consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully dlsregards t!" City's nondiscrimination and equal opportunlty requirements shall be considered ln breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Dlrectors of Plannlng, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensurlng that contractors, subcontractols, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity pollcY. Z. Monitoring to assure adherence to federal, state and local laws, policies and guldelines. MINORITY AND WOMEN CONTRACTORS SUPERSEDES: APril 1' 1996 APPROVED BY JimWhite, MaYor EEO COMPLIANCE DOCUMENTS . 2 CITY OF KENT EQUAL EM PLOYM ENT OPPORTU NITY COM PLIANCE STATEM ENT 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 intoonthe(date),betweenthefirmIrepresentandtheCityof 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: EEO COMPLIANCE DOCUMENTS - 3 Carey’s Heating & Air Conditioning, Inc. 8201 West 183rd St., Unit B, Tinley Park, IL 60487 8201 W 183rd St; Suite B Tinley Park, IL 60487 Phone: 708-532-2449 Fax: 708-429-2150 Website: careyscentral.com March 8, 2021 Kent Police Department – Police and Fire Training Center 24523 116th Avenue Southeast Kent, WA 98030 Attn.: Christopher Sprague RE: Proposal for Consultant Services for the upgrade of the Indoor Small Arms Range Ventilation System Proposal We propose to furnish all necessary engineering to provide all the information necessary for the Kent Police Department to get proposals to upgrade the Indoor Small Arms Range Ventilation System indoor gun range training building. This proposal will address all of the information required for providing a complete bid for the demolition of the existing system as well as the new equipment and installation of the upgraded system. Specifically, the design services will include the following: • Provide a demolition plan(s) showing: o Mechanical demolition o Electrical demolition o General demolition • Provide mechanical plans for the new range ventilation system specifying: o Duct layout o Equipment Makeup Air Unit Exhaust Fan Filter Rack Direct Digital Control System o Gas piping o Diffusers o Experience Requirements o Direct Digital Control Sequence • Provide Electrical plan showing new power plan for the new Makeup Air Unit, Exhaust Fan and Control panel power • Provide Electrical plan for lighting changes or relocation in the “Get Ready Area” • Provide General Trades Drawing showing any necessary general trades work including equipment pads, ceiling work, etc. • Provide any required general conditions required for the project • Do any necessary site visits to gather information for the design and drawings. TOTAL PRICE: $33,276.00 Please let me know if there are any questions. Respectfully, Brian Wright Carey’s Small Arms Range Ventilation EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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 Iiability coverage. Commercial General Liability insurance shall be written on iSO occurrence form CG 00 01' The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington' B. Minimum Amounts of Insurance Consultant 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 $2,000,000 each occurrence, $4,000,000 general aggregate, 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant 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 Consultant'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 ArVIL E. Verification of Coverage Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. --ACORD" CAREY.l GERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDTYYYY) 04t05t2021 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 COVEMGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(9)l $Plll+cr Alice Sullivan 708-361 -531 6lJ8.\Eo. E,$, 708-36 1 -5300 up.comuas NAIC #INSURERIS} AFFORDING COVERAGE '10677rNsuRFp a. Gincinnati lnsurance Companv PRODUCER Hunt lnsurance Agency, lnc. 12000 S. Harlem Avenue Palos Heights, lL 60463-1153 Matthew J. Hunt 708-361 -5300 36940TNSTJRER ".lndian Harbor lnsurance Go, INSIIRFR C, INSURER D : INSI IRFR F ' INSURER F : carev's Heatino & Air Conditionlno, lnc.Carei's Small Arms Ranqe Ventilafion82olvv. i83rd Street. Unit B Tinley Park, lL 60487 INSURED THIS S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU E D TO THE INS UR E D NAM E D ABOVE FOR THE POLICY PER loD N DICATED N OTWTHSTANDIN ANY R EQ UIR EMENT TERM OR o ND tTro N OF ANY CONTRACT OR OTHER DOCUMEN T W TH RESPECT TO WHICH TH S CERTIFICATE MAY BE ISSU ED R MA PERTAI N,TH E INSU RANC E AFFORDED BY THE POLIC ES DESCRIBED HEREI N IS S U BJ ECT TO ALL TH E TERM 5 EXCL USION S AN D CONDITIONS OF SU CH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM S INSRITR TYPE OF INSURANCE Annl SUBR POLICY NUMBER POLICY EFFtitir/nhNwl POLICY EXPrMM/NNEVYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X OCCUR POLICY LIMIT APPLIES PRO-JECT I I PER: LOC X X EPP 0067640 04t01t2021 0410112022 FACH OCCIJRRENCE $1,000,000 DAMAGE TO RENTED PRFMISFS lFa occurrence)500, MFD EXP lAnv one Derson)10,0 PFRSONAI & ANV IN.IIIRY $1,000,000 GFNERAL AGGREGATE $2,000,000 PRONI ICTS - COMP/OP AGG $2,000,000 s 1,000,000Emp Ben, A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY X X EBA 0067640 04t01t2021 0410112022 s 1,000,000 BoDILY INJURY (Per person)$ Ronll Y lN.ll iRY lPer accidentl g PROPERTY DAI\4AGE lPer accident)$ g A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIIVlS-MADE EPP 0067640 ofit01t2021 0410112022 EACH OCCURRENCE ,000 AGGRFGATE DED X RETENTION $0 C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE O FF I CER/l\ilEl\,,l BER EXCLU DED? (Mandatory in NH) ll yes, describe undernFqcRlPTlnN nF nPFRATInNS helnw N N/A X EWC 0481698 04t0112021 04t01t2022 X PERSTATI ITF OTH-FD F I FACH ACCIDFNT s 1,000,000 FI DISEASE-EAEMPLOYEE 1,000,000 tr r ntsFAsF - Pot lcY I lMlT ,| B B Pollution Professional PEC00325551 1 PEC00325551 1 04t01t2021 04t01t2021 04t01t2022 04to'|.12022 Pollution Prof 3,000, DESCR|PTIONOFOPERAT|ONS/LOCATTONS/VEHICLES (ACORDl0l,AdditionalRemarksschedule,maybeaftachedifmorespaceisrequired) City of Kent is an additional insureds with respects to generyl and auto tiat5ilitv coveraqe on a Primarv and Non-contributorv ba'sis if so agreed in a writtei contrac-t executed pri<ir to the loss with the ihsured' A waiVer of subroqation applies in favbr of the additional insureds on the general liabilit!, auto lidbility and workers compensation policies if so agreed in KENTN-1 City of Kent 220 Fourth Ave S 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. AUTHORIZED REPRESENTATIVE ffar-r*Yn"# @ 1988-2015 ACORD CORPORATION. All rights reserved' The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) HOLDER CODE INSURED'S NAME CAREY.l OP lD:AS prce 2 Date 0410512021 KENTN.lNOTEPAD: a wll-tten contract executed pr{or to the loss with the insured. Umbrellaf,olLowg form. A 30. day written notice of cancellaEion applies il accordance with policyprovisions. 10 day cancellation for non-paymenE of premium. Forms Attached GA233 AA4 AA4 wc0 GA4 L77 L72 00313 72TT' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED . AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION - ILLINOIS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A Additional lnsured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required ln Written Contract Or Agreement With You 1. Section ll - Who ls An lnsured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only witr respect to liability for: a. "Bodily injury'', "propedy damage' or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty 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 loca- tion of the covered operations has been completed; or (2) That portion of '!our work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury'' or "property damage" caused, in whole or in part, by '!our work" performed under that written contract or written agreement and in- cluded in the "products-completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached Pro- vides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard"; and (2) The written contract or written agreement requires you to Pro- vide additional insured coverage included within the "products- completed operations hazard" for that person or organization. lf the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "propefi damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. lf the written contract or written agreement requires you to Provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without sPeciffing an edition date, and without specifi- cally requiring additional insured coverage included within ihe "prod- ucts-completed operations hazard", this Paragraph b. does not apply to that person or organization. lf the written contract or written agree- ment described in Paragraph 1, above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of '!our work"; or 2 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.GA472lL 09 18 Page 1 of3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of '!our work"; then the phrase caused, in whole or in part, by in Paragraph A"1.a. and/or Para- graph A1.b. above, whichever applies, is replaced by the phrase arising out of. 3, With respect to the insurance afforded to the additional insureds described in Para- graph A"1., the following additional exclu- sion applies: This insurance does not apply to "bodily injun/', "propedy damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specificaiions; or b. Supervisory, inspection, architectural or engineering activities. 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 "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and adverlising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4, This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional lnsured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required ln Written Permits Or Authorizations 1. Section ll - Who ls An lnsured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph 8.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury'', "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injun/' or "propefty damage" included within the "Products- completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A" and B.: 1. Only applies to the extent permifted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- alinsured; 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part; and 4. Does not apply to the City of Chicago, its officers, employees and agents with re- spect to liability caused by or arising ftom: a. The building or disassembly of scaf- folding by or for you; or b. The use of such scaffolding. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and 8., the following is added to Section lll - Limits Of lnsurance: The most we will pay on behalf of the addi- tional insured is tre amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.;or 2. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of lnsurance shown in the Decla* rations. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.GA472lL 0918 Page 2 of 3 E. Section lV - Commercial General Liability Gonditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury'' offense is com- mitted: 1, During the policy period; and 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section lV - Gommercial General Liability Gonditions, 5. Other lnsurance, and supersedes any provision to the contrary: When Other Additional lnsured Goverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1, As otherwise provided in Section lV - Commercial General Liability Condi- tions, 5. Other lnsurance, b. Excess ln- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. ln such case, this insurance is also excess. G. The following is added to Section lV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrapup insurance applies to the claim or "suif' on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named ln- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrapup insur- anre means any insurance provided by a con- solidated (wrapup) insurance program. Primary And Noncontributory lnsurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrapup insurance applies to the claim or "suit' on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named ln- sured under such other insurance; and 2, You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A" or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrapup insur- ance means any insurance provided by a con- solidated (wrapup) insurance program. H. Section lV - Commerclal General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payrents we make for injury or damage arising out of your ongoing operations or '!our work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "orcur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suif' or transfer those rights to us and help us enforce those rights. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.GA472lL 09 18 Page 3 of 3 8PP0067640 THIS ENDORSEIVIENT SHANGE$ THE POLICY. PLEASE READ IT CAREFULLY. GONTRAGTORS' COMMERGIAL GENERAL LIABILITY BROADENED ENDOR$EMENT This endorsement modifies insurance provided under ihe following: COMMERCIAL GENERAL LIABILIry COVERAGE PART A. Endorsement. Table of Contents: Cq:yerpget Ernployee Benefl t Llabll ity DiUnintentional Failure to rds Damage lo Premisss Rented to You,,.,..,,... Control Beg!.ns on Page: 1. 2. 3, 4. 5, o, 7, 8. 9. 2 7I sI 10 ::::,::::::::.:::,:.:::::.:,:: ::::::,: I 3 10. . Monagers or Lessors of Premises;. Lessot of Leased Equipment; ' Vendors; ' Stato or Political Subdivisions . Permits Relating to Premises;. State or PoliticalSubdivisions - Permits;and ' Contractors'Operations Property 11. 12. . Emergency Medical Technicians; and ' Paramedics 13. Broadened Notice of Occurrence.,...,..,,..,,...,. ............,...,...14 B. Limits of lnsurance: The Cornmercial Generel Liabillly Limits of lnsurance apply to the insurance provided by this endorse ment, except as provided below: 1, Employee Benefit Liability Coverage 14 14 14 3, Damage to Premises Rented to You The lesser ot a. Tne Each Occurrence Lirnit shown in the Declarations; or b, $500,000 unless otherwlse stated $ 4. SupplementaryPayments a. Bail bonds: $ 1,000 b. Loss ofearnlngs: $ 350 5. Medical Payments MedicalExpenso Limit: $ 10,000 Each Employso Limii: $ Aggregate Llmlt: $Deductible: $ 1,000,000 3,000,000 1,000 lncludos copyrighted rnaterial of lnsurance Seruices Offioe, lnc., with its pormission,GA233 02 07 Page 1 of15 6.V^oluntary Property Damage (Coverage a.) and Care, Custody or Control Liabillty Coverage(Coverage b.) Limits of lnsurance (Each Occurrence) Govorage a. $1,000' Coverage b, $5,000 unless othenvise stated $ - Deductibles (Each Occurrence) Coverage a. $250 Coverage b, $250 unless othenvise stated $ - 11. Property Damage to Borrowed Equiprnent Each Occurronce Limit $ 10,000Deduotibls: $ 250 COVERAGE PREMIUM BASIS Area Payroll Gross Sales Units Olher RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TO',ALANNUAL PREMIUM $ C. Coverages: 1. Employee Benefit Liability Coverago a. The following js addod to SECTION I - GOVERAGES: Employee Beneflt Liability Coverage, (1) lnsuring Agreement (a) We willpay those sums ihat the insured becomes legally obligaied to pay as darn' ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable, to which this lnsurance ap- plies. We willhave the right and duty to defend the ln- sured against any "suit" seeking those darnages. However, we will have no duty to defend against any "suit" seeking damages lo whlch lhis insurance does not apply. We may, at our discretion, investigate any report of an act, orr0r or omtsslon and settle any clairn or "suit" that may re- sult, But: 1) The arnount we will pay for damages is limited as described in $EC- TtoN ilt " LlMtTs oF lN$URANCE;and 2) Our right and duty to defend ends when wo lncludes copyrighted material of lnsurance Servicos Office, lnc., with its permission. have used up the aP- plicable lirnit of insur- ance in the payment ofjudgments or settle- ments. No other obligation or liabil- Ity to pay sums or perlorm acts or services is covered unless explicltly provided for under Supplernentary Pay, menis, (b) This insurance applies to damages only if ihe act, er- ror or ornission, is negli" gently committed in the "administration" of your "ernployee benefit pro- gram"; and 1) Occurs during the pol' icy pedod; or 2') Occurrsd prior to the effective date of thls endorsement provided: a) You dld not have knowledge of a claim or "suit" on or befqre the ef- fective date of this endorsernent. You wlll bs deemed to have knowledge of a clalrn or "suit"when anv "authorized repre'- sentativo"i GA 233 02 07 Page 2 of '!5 i) Reports all, or any part, of theact, effor or omisslon lo usoi 6ny other Insurer; ii) Receives a wriilen or ver- bal demand or claim for darn- ages because of the aot, er-ror or omis' sion; and There is no othor applicable insur- ance. Workers' Cornpensation and Slmilar Laws Any claim arising out of your failure to comply with the mandatory provis!ons of any workers' compensatlon, unemployment compensa- tion insurance, social secu' riiy or disability benefits law or any similar law. (g) ERI$A Damages for which any in" sured is liable becauss of liabilitylmposed on a fiduci- ary by the Employee Re- tirement lncorne $ecurity Act of 1974, as now or hereafler amended, or by any similar federal, state or locallaws, (h) Available Benefits Any claim for benefits to the axtent that suoh benefits are available, wlth reason- able effort and cooperatlon of the lnsured, from the ap- plicable funds accrued or other collectible insurance, {i) Taxes, Fines or Ponalties Taxes, finos or penallies, including lhose imposed under the lnternal Rovenue Code or any slmilar stale or local law. 0) Employment-Related Practices Any liability arising out of any: (1) Relusalto employ; (2) Termination of em- PloYment; (3) Coercion, demotion, evaluation, reassign- ment, discipline, defa-maiion, haraesmont, humiliation, discrimina- tion or other ernploy- 3) formance of inveslment vehicles; or Advice glven to any person with respect to thal person's decision to padicipate or not to participate in any plan includad in the "em.ployee benefit pro- gramt'. (f, b) (2) Excluslons Thls insurarrce does not apply to; (a) Bodily lnJury, Property Damage or Personal and Adverlislng lnjury "Bodily lnjury", "property damage" or "personal and advertising injury", (b) Dishonest, Fraudulent, Griminal or Maliclous Act Damages arlslng out of anyintentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any lnsured, lncluding the will{ul or reck- Iess violation of any statute, (c) Failure to Perforrn a Con. tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) lnsufficiency of Funds Darnages arising out of an insufficiency of funds io meet any obligations under any plan included in the"employee benefit pro. gram,'. (e) lnadequacy of Perform' ance of lnvestment / Ad. vice Given With Respect to Pa*icipation Any claim based upon: 1) Failure of any invest- mant to perform; 2l Errors in provlding in. formation on past per- tncludes copyrighied material of lnsurance Services Office, lnc., with its permission.GA 233 02 07 Page 3 of 15 b. ment-related practicos,. acts or ornisslons; of {4) Consequential liablliiy as a resull of (1), (2) or (3) above. This exclusion applies whether the insured rnay be held liable as an emplbyer or in any olher capaclty and to any obligation to share damages with or 16pay someone else who mustpay damages because of lhe injury. (3) $upplementary Payments SECTION I , COVERAGES,SUPPLEMENTARY PAY. MENTS.COVERAGESAAND B also apply to this Coverage. Who ls an Insured As respects Employee Benefit Liabil. Ity Coverage, SECTION ll . WHO tS AN INSURED is doleted in its en- tire$ and replaced by the following: (1) lf you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduci of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured, Your members, your part. ners, 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 insureds, but only with rospect to the conduct of vour business.Your managers are in- sureds, but only wilh re. spect to thelr duties a6 your managers. (d) An organization other than a partnership, joint venture or llmited liability company, you are an lnsured, Your "executive officers" and di. rectors are insureds, but only with rospect to their duiies as your officers or di- rectors. Your stockholders are also insureds, but only with rospoot to their liability as stockholders. {e) A lrust, you ar6 an insured, Your trustees are also ln. sureds, but only with re- spect to their duties as trustees. (2J Each of the lollowing is also an insured: (a) Each of your "employee$" who is or was authorized to admlnister your "employae benefit program". (b) Any persons, organlzationsor "employees" having proper temporary authori- zation to adrninister your "ernployee benefit program" if you die, but only until your legal represenlative ls ap- pointed. (c) Your legal representative il' you die, but only with re- spect to dutles as such.That representalive will have all your rights and du- ties under this Coverage Pafi. (3) Any organization you newly ac- quire or forn, other than a part- nership, joint venturo or limiled liability company, and over whlch you malntain ownership or majority interest, will qualify as a Named lnsured if no other similar insurance applies to thai organization. However, oovgr- age under this provision; (a) ls afforded only until the 1801h day afler you acquire or form the organiza{ion or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was commltted before you ac- quired or formed the or, ganizalion, Limits of lnsurancec, As respects Employee Benellt Llabll- ity Coverage, SECTION lll - LIMITS OF INSURANCE is deleted in its en' tirety and replacod by the following: (1) The Limits of lnsurance shown in Section B, Limits of lnsur- ance, 1. Employee Benefit Li' ability Coverage and the rules below fix the moet wo will pay regardless of the number of: (a) lnsurods; lncludes copyrighted material of lnsurance Services Of'fice, lnc., wiih its permission.GA 233 02 07 Page4of15 (b) Claims made or ,'suits" broughtl (c) Persons or organizations making claims or bringing "suitst'; (d) Acts, errors or omissions; or (e) Benefits included in your "ernploy€e benefit pro, 916mrr, (2) The Aggregate Llmit shown ln $ection B. Limits of lnsurance, 1, Employee Beneflt Llablltty Coverage of this endorsement is the most we will oav for ali damages because of acts, er-rors or omisslons negligently committed in the "administra' tion" of your "employee benefit program", (3) Subject to the limit described in {2) above, the Each Emp]oyee Limit shovun in Seotion B, Limitsof lnsurance, 1, Employee Benefit Liability Coverage of this endorsement is the most we will pay for all darnages ous- talned by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; or (bJ A series of related acls, er- rors or omieeions, regard- less of the amount of lime that lapses between such acts, errors or omissions, negligently cornmitted in the "administration" of your "em- ployee benefit program". However, the amount paid un- der this ondorsement shall not exceed, and will be subject tothe limits and restrictions' that apply to the payment of benefits in any plan included in the "em- ployee benefil program". (4) Deductibte.Amount (a) Our obligation lo pay dam- ages on behalf of ihe in- sured applios only to the amount of damages in ex.cess of the deductible amount stated ln the Decla. rations as applicable lo Each Employee. The limits of insurancs shall noi be reduced by tho amounl of thls deductlble. (b)The deductible amount stated in the Declarations applies to all damages sustained by any one "em-ployee", including such "employee's" dependents and beneficiaries. because of all acts, errors or omis- sions to which this insur- anco applies. (c) The terms of this insurance, including lhose wiih respect to: 1) Our rlght and defend the against any seeklng those ages; and duty to insured "suitst' dam- 2. lncludes copyrighted material of lnsurance Services Olfice, lnc,, with iis permission. Your duties, and the duties of any other in- voived insured, in the event of an act, error or ornission, or claim, apply irrespective of the aPPllcation of ihe deductible arnount. (d) We may pay any part or all of the deductible amouni to effeot setllement of any claim or "suit" and, upQn noiification of the action taken, you shall promptly relmburse us for such part of the deductible amount as we have paid. d. AddltlonalConditions As respects Employee Benefit Li. ability Coverage, SECTION lV COMMERCIAL GENEML LIABIL. tTY C0NDITIONS is amended as follows: {1) ltem 2, Duties in the Event of Occurrence, Offense, Clalm or Suit is deleted in its entirety and repleced by the following: Duties [n the Event of an Act, Error or Omission, or Claim or Suit a. You must see to it that we are noti- fied as soon as practlcable of an act, error or omlssion which rnay result in a claim, To the extent possible, no- tice should include: t1) What the act, error or omlsslon was and when il occurred; and (2) The names and addresses of anyone who rnay suffer dam- ages as a resull of lhe act, enor or omission, 2l GAz33 02 A7 Page5of15 b, lf a clalm is made or "sult" is brouoht against any irrsured, you must: (1) lmmedialely record the specifics of ihe claim or "suit" and the date recelved; and (2) Notifu us as soon as prac{icable, You must see to it that we receive written notice of the claim or "suit" as s00n as precticable. c, You and any other involved insured must: {1) lmmediately send us copies of any demands, nolices, surn* monses or legal papers re- ceived in connection with lhe claim or "suit"; (2) Authorize us lo obtain records and other information; (3) Cooperate with us in lhe investi- gation or settlemsnt of the clairn or defense against the "suit";, and (4) Assist us, upon our request, in the enforcement of any rlght against any person or organiza- tion whlch may be liable io the insured because of an act, error or ornission to which this insur- ance may also apply, d. No insured will, oxcept at that ln- sured'$ own cost, voluntarily make a payment, assume any. obligation, or incur any expense wiihoul our con- s€nt, (2) ltern 5, Other lnsurance is de- leted in its entirety and replaced by ihe following: 5. Other lnsurance lf other valld and collectible insurance is avallable lo the insured for a loss we cover under this Coverage Part, our obligations are lirnited as follows: a, Prlmary lnsurance This insurance is prl- mary except when c. below applies. lf this insurance is primary, our obligalions are not affecled unless any of the other insurance is also primary, Then, we will share with all that other insurance by the method described in b. below, e. lncludss c0pyilghted material of lnsurance $ervicos Office, lnc., with lts perrnission. b, Method of Sharing lf all of the other insur- ance permiis contribu- tion by equal shares,we wlll follow thls method also. Under this approach each in, surer contributes equal amounts until it has paid lts appllcable limil of insurance or none ofthe loss remalns, whichever comes first. lf any of the olher ln- surance does not per-mit contribution bY equal shares, we wlll contribute by limits. Under this method, each insurer's share is based on the ratio of its appticable limit of in- surance to the totai ap- plicable limits of insur- bnce of all insurers. c, No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der anv olher insur- ance in'force previous to the effeclive date of lhis Coverage Pad. Additional Definitlons As respects Ernployee Benefit Li- abitity Coverags, SECTION V - DEFINITION$ is amended as fol- lows: (1) The following definitions are added: l, "Administralion"means: a. Providing informaiion to "ernployees", including their dependents and beneficiaries, wiih re- spect to eligibility for or scope ol "ernployee benefit programs"; b, lnterpreting ihe "em'ployee benefit pro- grams"; c, Handling records in connection wilh the "employeo benefit pro- grams"; or d. Effectlng, continuing or termlnatlng any "em- ployoe's" participallon GA 233 02 07 Page 6 of 15 2."Cafeteria plans" means plan auihoriied by applica- ble law to allow "employ- ees" to elect to pay for cer-taln benefits with pre.tax dollars. "Employee benefit pro- grams" means a program providing some or all of the following benefils to "em. ployeos", whether provided through a "cafgteria plan" or othenvise: in any benefit included in tho "ernployee bene- fit program". However, "administlation" does not include; a. Handling payroll de- 0ucuons; or b. The failure to effect or maintain any insurancoor adequato llrnits of covera96 of lnsurance, lncluding but not llmitedto unomployment in- surance, social security bonefits, workers' com- pensation and disability benefits. benefits, workers' com- pensallon and dtsabillty ben8lits; and d. Vacalion plans, includ, lng. buy and sotl pro- grarns; leave of ab,senco programs, in- cluding mllitary, mater- nity, farnily, and civilleave; tuitlon assls- tance plans; transpor. tatlon and health club subsidies. (2) The following definitions are deleted in their enlirety and re- placed by the following; 21. "Suit" means a civil pro- ceeding in which money damages because of an acl, error or ornission to which ihis insurance applies are allegBd. "Suit'' includes: a. An arbitration pro- ceeding in which such damages are claimed and to which the ln- sured must submit 0r does subrnit with our consenti b. Any other alternativo dispute resolution pro- ceedlng ln which such damages are claimod and to which the in- sured submils wlth our consent; or c. An appeal of a clvil proceeding, 8, "Employee'' rneans a per- son aclively omployed, for. merly empioyed, on leave of absence or disabled, orreiired, "Employee" in- cludes a "leased worker". ''Employee" does not in' clude a "temporary worker", Unlntentlonal Failure to Disclose Haz. ards SECTION IV. COMMERCIAL GENERAL Lt.A.BlLlTY GONDITION$, 7. Represen. tations is hereby arnended by the addl. tion of the followihg: Based on our dependence upon your representaiions as to exisiing hazards, if unintentionally you should fail to disolose all such hazards at the inception dato ol your policy, we will not rejrict coverage under this Coverage Part bassd solely on such failure. 3 a, Group life insurance;group accident or heaith insurance; den- tal, vlslon and hearlngplans; and flexlbiespending accounts; provided that no oneother than an "em-ployee" may subscribeto such benefits and such beneflts are made generally available to lhose "employees" who satisfy the plan's eligi- bilily requirements; b. Profll sharlng plans,ernployee savings plans, employee stock ownership plans, pen- sion plans and stocksubscription plans, provided that no oneother lhan an "etfl- ployee" may subscribeto such beneflts and such benefits are rnade generally available toall "employees" who aro eligible under the plan for such benefits; c. Unemployrnent insur-€nse, social security 2. lncludes copyrighted material of lnsurance Services Office, lnc., wlth its permission.GA 233 02 07 Page 7 of 15 3. Damage to Premlses Rented to you a. The last Subparagraph of paragraphZ. SECTION I . COVERAGES, COVERAGE A. " BODILY INJURY AND PROPERTY DAMAGE, ?. LI. ABILITY Exclusions is herebv de- leted and reptaced by the foilowing: Exclusions c, throuoh a. do not aonlvlo damage by firel ex'ptosion, tigjtr[- nin-g, smoke or soot to premlses while rented to vou or tehroorarilv occuplod by you'with permis'sion oi rne owner. b, The insurance provided under SEC- TION I . COVERAGES, COVERAGEA. BODILY INJURY AND PROP. ERTY DAMAGE LIABILITY appliesto "proporty damage" arising out of water damage to premlses that are both rented to and occupied by you. (1) As respects Water Damage Le.gat Liability, as providdd in Paragraph 3.b. above: The exclusions under SECTIONI. COVERAGES, COVERAGEA. BODILY INJURY AND PROPERTY DAMAGE LIABIL" lTY, 2. Excluslons, other lhan i, War and the Nuclear EnerEv Liability Exclusion, are delet6d and the followlng are added; This insurance does not apply to: (a) "Property damage"; 1) Assumed in any con- tract; or 2l Loss caused by or re- sulting from any of the. 'tollowlng: a) Wear and tear; b) Rust, corrosion,fungus, decay, deterloratlonf hld- den or latent de- fect or any qualityin properly that causes it to dam- age or destroy it- self; Smog; Mechanicalbreakdown in- cluding ruplure orbursting causedby centrilugal force; e) Seitling, cracking, shrlnking or ex- pansion; or 0 Nesting or infesta. tion, or dischargeor release of wasle products or secretions, by in- secls, birds, ro-dents or other animals, (b) Loss caused directly or indi- rectly by any of the follow- tng: 1) Earthquake, volcsnic eruption, landslide or any other earth move- ment; 2l Water that backs up or overflows from a sswer, drain or sump; Water under the ground surface press- ing on, or flowing or seeping through: a) Foundatlons, walls, floors or paved surfaces; b)Basements, whether paved or noi; or c) Doors, windows or other openings. (c) Loss causod by or resulting from water that leaks or flows from plumbing, heat- ing, air conditioning, or fire protectlon systems caused by or resulting from freez- ing, unless: 1) You did your best to maintain heal in the building or structure; or 2l You drained the equipment and shut off the waler supply if the heat was not rnain- tahed, (d) Loss lo or damage tol ll Plumbing, heating, air conditioning, fire pro- tection systems, ot other equipmenl or ap. pliances; or 2l The lnterior of any building or structure, or [o personal properly in ihe building or slructure 3) c) d) lncludos copyrighted material of lnsurance Services Office, lnc,, with its permission,GA 233 02 07 Page I of 15 4. ceused by or resuliing frorn raln, snow, sledtor ice, whether driven by wind or not, c. Llmit of lnsurance The Damage to Premises Renied to You Llmit as shown in the Declara- tions is amended as follows: (2) Paragraph 0. of SECTION llt . LIMITS oF INSURANCE is herqb.y deleted and replaced by lhe fbllowing: 6. Subject to 5. above, theDamage to Premises Rented lo You Linrit is the rnost we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, foTdamages because of"property damage" to premises whlle rented to you or temporarily occupied by you with permlsslon ofthe owner, arising out ofany one "occurenc€" to wh jch lhis insurance ap- Plies, (3) The amount we will pay is lim- ited as described in Sectlon B. Limits of lnsurance, 3. Dam' age to Premises Rented to You of this endorsement, $upplementary Fayments UNder SECTION I - COVERAGE, SUP. PLEMENTARY PAYMENTS . COVER. AGES A AND B: a, Paragraph 2, is replaced by the fol- lowing: Up to lhe limit shown in Seclion B, Limits of lnsurance, 4.a. Bail Bonds of this endorsement for cost of bait bonds required because of accidents or traffic law violalions arisinq out of the use of any vehlcle to wh'ich the Bodily lnjury Liability Coverage ap-plies, We do not have to furnish lhese bonds. b. Paragraph 4. is replaced by lhe fol. lowing: All reasonable expenses incurred by the lnsured al odr request to assis't us in the investiqalion or defense ofthe claim or "suit", lncluding actual loss of earnings up to tho limil shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this sn- dorsement per day because of time off from work. 5, Medical Payments The Medical Expense Limlt of Any One Person as stated in the Declarali'ons is amended to the limit $hown in Section B. Lirnits of lnsurance, 5. Medical Pay. ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We willpay for "property damage" to property of others arising out of op' erations incidental to lhe lnsured's business when: (1) Damage is caused by the in- suredi or (2) Damage occurs while in the in. sured's possession, With your consent, we will make these payments regardless of fault. b. Gare, Custody or Control Liablllty Coverage SECTION I . COVERAGES, COV. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described lherein With respect to the insurance provlded by this section of the endor$emenl, the fol- lowing additional provisions apply: a, The Limits of lnsurance shown ln the Declarations are replaced by the lim. its designated in Section B. Limits of lnsurance, 6. Vo,luntary Property Damage and Care, Custody or Control Liabiliiy Coverage of this endorssment with respect to cover. age provided by thls endorsement. These limits are inclusive of and notin addition lo the limits being re-placed. The Limits of lnsurance shown in Section B, Limlts of lnsur- ance, 6. Voluntary Property Dam- age and Care, Custody or Gontrol Liability Coverage of this endorse. ment fix ihe most we will pay in any one "occurrencg" regardless of the number of: (1) lnsureds; {2) Claims made or "suiis" brought; ot (3) Persons or organizalions mak- ing claims or bringlng "sults''. GA 233 02 07 lncludes copyrighted material of lnsurance Services Offico, lnc., wiih its permisslon,Page I of15 b, Deductible Clause (1) Our obligation to pay damageson your behalf applies onlV to lhe amount of damaoes for riach "occurrence" whlch-are ln ex" cess of the deduotible amouni stated in Seotion B. Limits of lnsurance, 6. Voluntary Prop. erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insuranoe will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occunence, Offen$e, Claim or Sult, applles to each claim or "suit" irrespeclive of the amount. (3) We may bay any part or all of ths deductible amount to etfect sotilemenl of sny clairn or "suit" and, upon notification of the ac. tion taken, you shall prompily reimburse us for such pari of the deductible amouni as has been paid by us. 180 Day Coverage for Newly Formed or Acquired Organizationo $ECTION II . WHO IS AN IN$URED is amended as follows: Subparagraph a. of Paragraph 4. is hereby delsted and replaced by the fol. lowing: a, Insurance under this provision is af. forded only untll the 180th day after you acquire or forrn the organizationor the end of the policy period, whichever ls earlier; Waiver of Subrogation SECT]ON IV. COMMERCIAL GENERAL LIABILITY CONDITIONS, L Transfer of Rlghts of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for lnjury or darnage arising oul of your on. going operations or "your work" done un-der a writton con(ract requiring such waiver with that person or organization and included in the "products-dompleted operalians hazard". However, our rights may only be waived prior to the "occur- rence'' giving dse to the injury or damage for which we make payment under this Coverage Part, The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforco those rights. Automatic Addltlonal Insured - Speci- fled Relatlonshlps a. The following is hereby added lo SECTION II. WHO IS AN INSURED: (1) Any person or organization de- scribed ln Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreomont;or {b) An oral aureement or con-' ' iract wheie a certificate of insurance showing that per- son or organizatlon as on additional insured has been issued, is an insured, provlded: (a) The wriiten or oral oontract or agreernent is: 1) Currently in effect orbecomes effective during the policy pe- riod;and 2l Executed prior to an "ogcurrence" or offense to which this lnsurance would apply; and {b) They are nol specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizalions are additional ln- $ursd$ under this ondorsement, and insuranco coverage pro" vided to such additional in- sureds is limited a$ provided hereinr (a) The rnanager or le$sor of a premises leased to you with whom you have agreed per Paragraph 9.a,(1) above to provido insurance, but only with respect to liability aris- ing out of lhe ownership, maintenance or use of that part CIt a premlses leased to you, subject to the following additional exclusions; This lnsurance does not apply to: 1) Anv "occurrence"' which takes place after 9. 7 I lncludes copyrighted rnaterial of lnsurance $ervices Offico, lnc., with its permission.GA 233 02 07 Page 10 of15 you ceaso to be a ten- ant ln that premlses, 2l StructUral alterations,new construction or demolition operations performed by or on be- half of such additional insured. (b) Any person or organizdtionfrom which you lease equiprnenl with whom you have agreed per Paragraph 9,a.(1) above to provide in- surance, $uch person(s) or organization(s) are insureds solely with respect to their liability arlsing out of the maintenanca, operation oruse by you of equipment leased to you by such per- son(s) or organlzations(s). Howevor, this insurance does not apply to any "oc- currsnce" whlch takes place after the equipment lease exprres, (c) Any person or organization (referred to below as ven- dor) with whom you haveagreed per Paragraph 9.a.(1) above to provide in- surance, but only with re. spact to "bodily injury" or "property darnage" arising out of "your products" which are dlstrlbuted or sold ln the regular course of ths ven- dor's business, subJect to the following additional ex. clusions: 1) The insurance affordedthe vendor does not aPply to: a) "Bodily inJury" or "property damage" for which the ven" dor is obligated topay damages by reason of the as- sumption of liabll- ity ln a contract or agreernent. This exclusion does not apply to liability for damages that ihevendor would have in the ab- sence of the con,tract or agree- ment; b) Any express war- ranty unauthorized by you; c) Any physical or chemlcal changein the product made intentionally by lhe vendor; d) Repackaging, un-less unpacked solely for the pur- pose of inspection, dernonslrailon, testing, or thesubstitutlon ofparts under in' structions from the manufacturer, andlhen repackagedin the original conlainer; e) Any fallure tomake such in- spectiono, adjust" menig, iests or seruiclng as thevendor has agreed to make or normally under- takes to make in the usual coursoof business, in connection with the distribution or sale of the prod- ucts; f) s) Dernonslrallon, in- stallation, servic- lng or repair op- erations, exceptsuch operatlons performed at the vendor's premises in connection with the sale of the produot; Products which, after dlstribulion or sale by you, have been labeted or relabeled or usedas a container, paft or lngredient of any other thing or substance by or for tho vendor. This insurance does not apply to any in. sured person or or. ganizalion: a) From whom younave acqulreo such producls, orany lngredienl, part or container, entering into, ac- 2t lncludes copyrlghted maierial of lnsurance $ervices Office, lnc,, with its permission,GA233 02 07 Page 11 of 15 companying otcontalning such products; or b) When liabitity in- cluded within the "products- completed opera. tions hazard" hasboen excluded under this Cover. age Part with re.spect to such products. (d) Any state or polltical subdi. vision with which you haveagreed per Paragraph 9.a.(1) above to provlde ln' surance, subject to the fol. lowing additional provision: Thls insurance applies only with respect to the following hazards for which the state or political subdivision has lssued a permit in connec- tion with premises you ownr rent or control and io which lhis insu rance appl ies; 1) The existence, mainte- nance, repair, con- struction, erectloR, or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveway$, manholes, marquees, holst away openings, sidewalk vaults, street bannero, or decora- tlons and similar expo. sures; 0r 2) The construction, erec- tlon, or removal of ele- vators; or 3) The ownership, main- tenance, or use of any elevators covered by this insurance, (e) Any state or politlcal subdi. vision with which you haveagreod per Paragraph S.a-(1) above to provide in- surance, subiect to the fol- lowing provisions: 1) This insuranco applies only with respect to op- eratlons performed by you or on your bohalf for which the state or political subdivision has issuod a permit. 2, This insurance doos not apply to I'bodlty ln-jury", "property dam- age" or "personal and advertislng injury" aris-ing out of operalions performed for the state or political subdivision, (A Any person or organization with which you have agreodper Paragraph 9.a.(1) above to provide insurance, but only with respect to li- ability arising out of "your work" performed for that additional insured by you or on your behalf. A person or oroanizalion's slatus as an iniured under this provision of this endorsement contin- ues for only the period of tirne required bY the written contract or agreement, bul in no event beyond the ex- piration date of this Cover- age Part, lf there is no written contract or agree- rnent, or if no period of lime ls required bY the written coniract or agreemont, a pBrson 0r organization's status as an insured underthis endorsernent ends when your operatlons for that insured are completed, {3} Anv insurance nrovided to an' ' additional insuied designated under Paragraph 9.a.{2): (a) Subparagraphs (e) and (f) does not apply to "bodily Injury" or "property damage" inbluded withln lhe "prod. ucts-cornplotad oPerations hazard"; tb) additional insured or their agents, "employees" or any olher represeniative of the additionalinsured; or (c) Subparagraph (f) does not apply to "bodily injury", "property damage" ot- "per- sonal and advertising injury" arislng out of: 1) Defects ln deslgn fur- nlshed by or on behalf raphs (a), (b), (d), does not 6pply to , "ploperty ersonal anddam out of or willful GA 233 02 07 lncludes copyrighted material of lnsurance Services Offlce, lnc., wlth its permlsslon,Page 12 of 15 3) of the additional ln- sured; or The rendering of, or failure to render, any professl0nal architec. lural, engineering or surveylng services, ln. cluding: a) The preparing, approving or fail- ing to prepare orapprove maps,shop drawings, opinions, reports, surveys, field or- ders, change or- ders or drawings and specifications; and b) Supervlsory, in- speclion, archi- teclural or engi- neerlng actlvities. "Your work" for which a consolidated (wrap-up) insurance program has been provldsd by the p rimecon lra cto r-project rnanager or owner of the construction project in which you are in- volved. Only with regard to insurance pro- vided to an addilional insured desig- nated under Paragraph 9.a,(2) Sub- peragraph (f) above, SEGTION lll " LIMITS OF INSURANCE is amended to include: The limits applicable to the addiiional insured are those specified in the written contract or asreement or in lhe Declarations of -this Coverage Part, whichever are less. lf no limlts are specified in the written contract or agreement, or if there is no written contracl or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inolusive of and not in addliion to the llmits of lnsurance shown in the Declarations. SECTION IV. COMMERCIAL GEN. ERAL LIA,BILITY coNDlTloN$ is hereby amend€d as follows: (1) Condition 5. Other lnsurance is amended to include: (a) Where required by a written contract or. agreement, this. insurance is primary and /or nonconlributory as re- spects any olher insurance pollcy lssued to the addl. iional insured, and such other insurance policy shall be excess and I or noncon- tribuling, whichever applies, with this insurance, (b) Any insurance provided by this endorsemeni shall be prlmary to other insurance available to the additional insured except: 1) As otherwise providodiN SECTION IV COMMERCIAL GEN.ERAL LIABILITY coNDlTloNs, S.Other lnsurance, b, Excess lnsurance; or 2) For any other valid and collectible insurance availahle lo the addi- tional insured as an additionat lnsured bY atlaohment of an en- dorsemeni to another insurance policy that is wriften on an excess basls, [n such case, the coverage provided under lhls endorse' ment shall also be ex- ces5. (2) Condition 11. Conformance to Soeciflc Writtsn Contract or A'greement ls hereby added: 1f . Conformance to SpecificWritten Contract or Agreement With respect to additional insureds described in Para- graph 9.a,{2)(f) above only: lf a written contract or agreement bel.ween You and the additional insured specifles that coverage for the additional insured: a. Be provided by ihe ln- surance $ervices Ot fice additional lnsured form number CG 20 10 or CG 20 37 (where odition specified); or b, lnclude coverage for completed operalions; 0r c. lnclude ooverage for "your work"; and where the limits or cov- erage provided to the addi- 2') b. c GA233 02 07 lncludes copyrighted materlal of lnsurance $orvlces Office, lnc., wlth its permission.Page 13 of15 tional insured is more re- strlctlve than was specifi- cally required in that wriften contract or agreemeni, theterms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or e.b. above, or any cornbination thereof, shall be lnterpretedas providing the limits or coverage required by the terrns of the written contract or aqreement, but only to the eltsnt thit suitr fmiis oi coverage is lncluded within ihe terms of the Coveraoe Part to which this endors"e- rnent is attached. li, how- ever, the writton contract or agreement specifies the ln-surance Servlces Offlce additional insured form number CG 20 10 but does not specify which edition, or specifles an edition that does not exist, Paragraphs 9.a.(3)(a) and e.a.(3)(b) of this ondorsement shall not apply and Paragraph I.b. of thls endorsement shall ap. plv, 10. Broadened Contractual Liabitity' Work Within 50' of Railroad Proporty It is hereby agreed that Paragraph f.(1) ol Definltion 12. "lnsured contract" ($EC- TION V. DEFINITIONS) is deleted. ' 11. Property Darnage to Borrowed Equip- ment a. The foilowlng is hereby added to Ex. clusion j, Damage to Property of Paragraph 2., Exclusions of SEC. TION I . GOVERAGES, COVERAGE 4,. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY; Paragraphs (3) and (4) of lhis exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera. tions at the time of loss. b, With respect to the insurance pro" vlded by thls sectlon of the en- dorsement, ihe followlng additlonal provislons apply: {1} Tho Limits of insurance shown in the Declarations are replaced by the limits designated in Sec, tion B. Limits of lnsurance, 11. of this endorsement with respectto coverago provlded by this endorsement, These limits are inclusive of and not in addition to the limits being replaced, The Limits of lnsurance shown ln Section B. Limits of lnsurance, 11. of this endorsomont fix the most we wlll pay ln any one "oo.curence" regardless of the number of; (a) lnsureds; (b) Glaims made or "suits" brought; or {") Persons or organizations making clairns or bring "suils". (2) Deductible Clause (a) Our obligation tq pqy dq.m- ages on your behalf applies only to the amount of dam" ages for each "occurrence" which are lrr excess of the Deductible amount stated in $eotion B. Limits of lnsur- ance, 11. of this endorse- ment. The limits of insur- ance willnot be reduced bY the application of such ge. ductible amount. (b) Condition 2. Duties ln the Event of Occurrencs, Of' fense, Claim or Suit, aP' plies to each clalm o[ "suit" irrespoctive ol the amounl, (c) We may pay anY Part or all of the deductible amount to effect seitl6ment of any claim or "suit" and, uPon nolificalion of tlro action taken, you shall promPtlY reimburse us for such Part of the deductible arnount as has been Pald bY us. 12. Employ€ss as lnsureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a,(1)(d) ol SECTION ll - WHo tS AN INSUREB, does not apply to your "em- ,ployees" who provide professlonal heallh care services on your behalf as duiy li- censed: a. Nurses; b. EmergencyMedicaiTechnicians: or c. Pararnedics, in the jurisdiction where an "occurrence" or offonse to which this insurance appiies lakes place. 13. Broadened Notice of Occurrence Paragraph a. ol Condition 2. Duties in the Event ol Occurrence, Offense, Clatm or Suit (SECTION lV. COMMER. CIAL GENERAL LIABILITY CONDI. lncludes copyrighted rnaterial of lnsuranco Servicos Office, lnc., with its permisslon,GA 233 02 07 Pago 14 ot 15 Ilg.NS) is hereby deteted and reptaced by the followingl ' a. You must see lo it that we are notl-fied as soon as practicable of an "occurrence" or an offonse which may result in a claim. To the extenl possible, notice should include: (1) How, when and where the ,bc. cunenc€" or ofFense took place; (2) The narnes and addresses ofany injured persons and wit- nesses: and (3) The nature and location of any injury or damage arlsing out of the "occunence" or offense. This requirement applies only when the "occurrence" or offensg is known to an "authorized representative". GA233 0? 07 lncludes copyrtghted material of lnsurance Services Office, lnc,, with its permission,Fage 15 of '15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION . AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. epresentative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV . BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make lor "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", pro- vided the "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract". Policy Number: EBA 006 76 40 E ndorsement Effective: 04-0L-2021 Named lnsured CAREYS HEATING & AIR CONDITIONING INC -Z*/A."*of ZE ,z Countersigned by AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. o presen With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION ll - LIABILITY COVERAGE, A. Cover- age, l. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". Endorsement Effective 0410u2021 PolicyNumber: E8A0067640 Named lnsured Carey's Heating & Air Conditioning, Inc. Countersigned by t//,',rz/*,*o/: 7€*2 444171 1105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Noncontributory lnsurance SECTION IV . BUSINESS AUTO CONDI- TIONS, B. General Gonditions, 5. Other ln- surance is replaced by the following: c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Li- ability Coverage is primary and we will not seek contribuiion from any other in- surance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncon- tributory basis. e 1 Endorsement Effective: 04 - 0L -21 Policy Number: EBA 006 76 40 Named lnsured CAREYS HEATING & AIR CONDITIONING INC Countersigned by .,/o////.,o, J: //*.,2 A441741105 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURAI.ICE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anlone not named in the Schedule. Schedule Blanket Waiver of Subrogation If you are reguired by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of righ for whom the Namedto furnish this wai waiver with respectInsured has no cont ts applies to any person or organization Insured has agreed by written contractver, but shall- not be construed to be a to any other operations in which the ractual interest, This endorsement changes the policy to which it is attached and is effective on the date issued unless other- wise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04-0L-202L Policy No.EWc 048 16 98-01 Endorsement No. InsuTed CAREY's HEATING & AIR CONDITIONING INC lnsurance Company TUE crNcrNNATr cASUALTY coMPANY Countersigned by Premium $rwcr, wc 00 03 13 @ tgSS National Council on Compensation lnsurance. . //rr.y',1'/,'or";%1.,.r