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HomeMy WebLinkAboutCAG2023-507 - Original - Tacoma Pump and Drilling Co. Inc. - 3.5 Test Well Decommissioning - 09/29/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Dani Hodgins for Ryan Carroll Public Works Date Sent: Date Required: c 09/22/2023 9/29/2023 Q Mayor or Designee to Sign. Date of Council Approval: Q Q Interlocal Agreement Uploaded to Website n/a Budget Account Number Grant? Yes❑ NoF71 41005550.64110.7410 Budget? Yes❑No Type: Local Vendor Name: Category Tacoma Pump and Drilling Co. Inc. Contract Vendor Number: Sub-Category: —M Original 0 Project Name: 3.5 Test Well Decommissioning cProject Details: The Contractor shall decommission a test well at the 3.5 Million C Gallon Tank site located at 12523 SE 286th PI. c Basis for Selection of Contractor: E Agreement Amount 1 747 Bid � r � *Memo to Mayor must bri i Start Date: Date of Mayor's Signature Termination Date: 7/r300/2023 Q Local Business?❑Yes❑No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes❑In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number: ❑Yes❑No CAG2023-507 Comments: vt W 3 f0 a1 C C N 0 3 � ff a, a, cc Date Received:City Attorney: 9/22/23 Date Routed:Mayor's Office 9/28/23 City Clerk's Office 10/2/23 Li adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WASHINGTON PUBLIC WORKS AGREEMENT between City of Kent and Tacoma Pump and Drilling Co. Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tacoma Pump and Drilling Co. Inc. organized under the laws of the State of Washington, located and doing business at 30316 Mountain Highway East, Graham, WA 98338, Phone: (888) 374-5744, Contact: Eric Hansen (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall decommission a test well at the 3.5 Million Gallon Tank site located at 12523 SE 2861" PI. For a description and Contractor's proposal, see Exhibit A which is attached and incorporated by this reference. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 7 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by November 30, 2023. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Fifty One Thousand, Seven Hundred Forty Seven dollars ($51,747), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty- five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 1 (Over$20K and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaae. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 (Over$20K and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause"shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable PUBLIC WORKS AGREEMENT - 3 (Over$20K and No Performance Bond) adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. PUBLIC WORKS AGREEMENT - 4 (Over$20K and No Performance Bond) A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. PUBLIC WORKS AGREEMENT - 5 (Over$20K and No Performance Bond) XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred PUBLIC WORKS AGREEMENT - 6 (Over$20K and No Performance Bond) in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. PUBLIC WORKS AGREEMENT - 7 (Over$20K and No Performance Bond) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: By. i. By.-Da _ Print Name: Print Name: Dana Ralnh Its Its Mayor DATE: I DATE: 09/29/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Eric Hansen Chad Bieren, P.E. Tacoma Pump and Drilling Co. Inc. City of Kent 30316 Mountain Highway East 220 Fourth Avenue South Graham, WA 98338 Kent, WA 98032 (888) 374-5744 (telephone) (253) 856-5500 (telephone) Eric@tacomadrilling.com (email) PublicWorks@KentWA.gov (email) APPROVED AS TO FORM: f. Kent L, Department ATTEST: Kent City Clerk P:\Adm n\Con L—t,\Dar PUBLIC WORKS AGREEMENT - 8 (Over$20K and No Performance Bond) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: PUBLIC WORKS AGREEMENT - 9 (Over$20K and No Performance Bond) A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including PUBLIC WORKS AGREEMENT - 10 (Over$20K and No Performance Bond) sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; PUBLIC WORKS AGREEMENT - 11 (Over $20K and No Performance Bond) xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: ,Q•'��'� Title: Date: PUBLIC WORKS AGREEMENT - 12 (Over$20K and No Performance Bond) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. PUBLIC WORKS AGREEMENT - 13 (Over$20K and No Performance Bond) BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (September 12, 2023), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Tacoma Pump and Drilling Co. Inc. By., Signature of Authorized Offi ial* Printed Name: el,J Title: Date: �� 3 City and State: m *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. PUBLIC WORKS AGREEMENT - 14 (Over$20K and No Performance Bond) Exhibit A PROPOSAL The undersigned hereby certifies that Tacoma Pump & Drilling Co Inc has examined the job site(s) and details of the work as described in the specifications for the project named Well Decommissioning: ID# 89687, Project Number 41005550.64110.7410 for the City of Kent, Washington, and has read and thoroughly understands the specifications and contract governing the work embraced in this improvement and the method by which payment will be made for that work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with the bid and contract, and at the following schedule of rates and prices: Item Descril2tion Est. Oty Units Unit Price Total Amount Mobilization 1 and 1 Lump Sum $ Per Lump Sum $ 25000.00 Demobilization 2 Well Decommissioning 1 Lump Sum $ Per Lump Sum $ 14500.00 3 SPCC Plan 1 Lump Sum $ Per Lump Sum $ 5000.00 4 Minor Change 1 Calc $2,500 $2,500 (common to all bidders) Subtotal $ 47000.00 Tax 10.1% $ 4747.00 Total Bid $ 51747.00 NOTE TO BIDDERS: 1. Unit prices for all items, all extensions, and total amount of bid must be shown. 2. Any bids not filled out properly may be considered non-responsive. 3. The agreement is to be executed by the successful bidder after the Contract is awarded. Both the Contract and Insurance documents must be accepted as written and no modifications will be allowed. 4. No letter, stipulation, or exception submitted with a bid shall be accepted. 5. The City of Kent reserves the right to reject any and all bids on any or all schedules-or alternatives or to waive any informalities in the bidding and shall determine which bid or bidders is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof. By signing below, the undersigned bidder agrees to accept all contract forms and insurance requirements in the bid documents and to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. The undersigned bidder also hereby proposes and agrees to start construction work on the Contract, if awarded to him/her, on or before ten (10) calendar days from the date of the Notice to Proceed and agrees to complete the Contract within five (5) working days. DATE: Tacoma Pump & Drilling Co Inc Signature of Authorized Representative COMPANY NAME OF BIDDER Eric Hansen Pres. 30316 MOUNTAIN HWY E (Print Name and Title) Address Graham WA 98338 1 of 1 Exhibit B Insurance Requirements Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, and $2,000,000 products- completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of any Contractor doing work on behalf of the City, in the City's right-of-way. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per occurrence, with an aggregate of at least $2,000,000. Coverage may be written on a claims-made basis. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stacey Gerry NAME: Bell Anderson Agency,Inc. a0Nr o Exf: (425)291-5200 A No: (425)291-5100 600 SW 39th St.,Suite 200 E-MAIL staceyg@bell-anderson.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Renton WA 98057 INSURERA: The Continental Insurance Company 35289 INSURED INSURER B: Continental Casualty Company 20443 Tacoma Pump And Drilling Co.Inc,DBA:King Brothers Drilling INSURER C: 30316 Mountain Hwy E INSURER D: INSURER E: Graham WA 98338 1INSURER F: COVERAGES CERTIFICATE NUMBER: CL2352557636 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM DD YYYY MM DD YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE ToCLAIMS-MADE OCCUR PREM SES Ea oRENTED cE ante $ 100,000 X Pollution Liability MED EXP(Any one person) $ 15,000 A X GL Ded: $5,000 BI/PD 7015005814 06/01/2023 06/01/2024 PERSONAL&ADV INJURY $ 1,000,000 P.LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx_]JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- OTHER: Pollution Liability $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 7015005828 06/01/2023 06/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A X EXCESS LIAB CLAIMS-MADE 7015088693 06/01/2023 06/01/2024 AGGREGATE $ 10,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- WA Stop Gap YIN AND EMPLOYERS'LIABILITY STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A ❑OFFICER/MEMBER EXCLUDED? NIA 7015005814 WA Stop Gap 06/01/2023 06/01/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Installation Coverage Each Occurrence: $250,000 B 7015005814 06/01/2023 06/01/2024 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#:Decommission Test Well 12523 SE 286th PI Job Type:] City Of Kent is additional insured with respect to work performed by or on behalf of the contractor per the attached endorsement#CNA75079XX 1016. Waiver of subrogation per the attached endorsement#CNA74705XX 0115. Primary&non-contributory coverage per the attached endorsement #CNA75079XX 1016.Per project aggregate per the attached endorsement#CNA74705XX 0115. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S AUTHORIZED REPRESENTATIVE Kent WA 98032 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA Paramount Excess and Umbrella Liability Policy PARAMOUNTPOLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The "Insurer" refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A - Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies: 1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and 2. if the applicable underlying insurance is on a claims made basis, then only if: a. that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and b. the claim is first made during the policy period. B. Coverage B - Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount: 1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or 2. because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; and provided that: a. the bodily injury or property damage occurs during the policy period; b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 1 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 12 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy c. the personal and advertising injury is caused by an offense arising out of the Named Insured's business; and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory; Provided, however, that Coverage B - Umbrella Liability: i. does not apply to: (a) any part of damages to which underlying insurance applies; or (b) any part of damages to which underlying insurance would have applied regardless of: (1) the availability of underlying insurance; or (2) the exhaustion of the applicable underlying limits; (c) any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period, no authorized insured: (a) knew that such bodily injury or property damage had occurred, in whole or in part. If any authorized insured knew, prior to the policy period, that any such bodily injury or property damage had occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period; or (b) knew that any offense giving rise to personal and advertising injury had occurred, in whole or in part. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any authorized insured, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know: 1. that such bodily injury or property damage occurred, at the earliest time when such authorized insured: a. reports the bodily injury or property damage to the Insurer or any other insurer; b. receives a claim arising out of the bodily injury or property damage; or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur; 2. that such offense giving rise to personal and advertising injury occurred, on the date of the first utterance or dissemination or, if there is no utterance or dissemination, then on the first date of the activity giving rise to a claim. C. Coverage C - Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period, provided: 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event, or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage; Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 2 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 13 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable; and, 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D — Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured's permanent loss of the services of a key employee provided that: 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee; 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable; 3. such loss of service is caused by a covered accident; 4. the covered accident occurs during the policy period; and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. II. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit, and the right to assume control of the investigation and settlement of any claim, against the Insured, as follows: 1. with respect to the Coverage A - Excess Follow Form Liability, upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B - Umbrella Liability, upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so, the Insured will undertake such defense and investigation, and the Insurer will reimburse the Insured for the defense costs. The Insurer's obligation to defend any suit, investigate any claim, or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further, any obligation to defend any suit, investigate any claim, or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may, at the Insurer's sole discretion and at the Insurer's own cost, elect to participate in the investigation, settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows: 1 with respect to the Coverage A - Excess Follow Form Liability, defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B - Umbrella Liability, defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit, the Insurer will do so even if the allegations of a claim are groundless, false, or fraudulent. If Insurer investigates a claim or defends a suit, Insurer will Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 3 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 14 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer: 1. makes payment of; or 2. offers to pay; or 3. deposits in court that part of a judgment up to but not exceeding the Insurer's applicable limits of insurance. E. No Insured shall admit liability, consent to any judgment, agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer's prior written consent, such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer's exposure for damages or defense costs under this Policy. III. EXCLUSIONS A. Coverage A - Excess Follow Form Liability and Coverage B - Umbrella Liability Exclusions With respect to both the Coverage A- Excess Follow Form Liability and Coverage B -Umbrella Liability, this Insurance does not apply to: 1. Access to or Disclosure of Confidential or Personal Information and Data-Related Liability any actual or alleged damages arising out of: a. any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or b. the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However, unless paragraph a. above applies, this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual, alleged or threatened exposure at any time to asbestos; or b. any actual or alleged loss, cost or expense that may be awarded or incurred: i. by reason of a claim for any such injury or damage; or ii. in complying with a governmental direction or request to test for, monitor, clean up, remove, contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured, arising out of: a. a defect, deficiency, inadequacy or dangerous condition in your product or your work; or b. a delay or failure by the Named Insured or anyone acting on the Named Insured's behalf to perform a contract or agreement in accordance with its terms. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 4 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 15 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire, while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged: a. violation of: i. the Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; ii. the CAN-SPAM Act of 2003, including any amendment of or addition to such law; ill. the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or iv. any statute, ordinance, regulation or law other than the TCPA, CAN-SPAM Act of 2003, or FCRA, including FACTA, and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information; or b. conversion or consumption of another's tangible property or electronic assets. For the purpose of this provision, electronic assets include but are not limited to minute allowances, text message allowances, and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advertising injury to: a. a person arising out of any actual or alleged: i. refusal to employ that person; ii. termination of that person's employment; ill employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b the spouse, child, parent, brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment-related practices described in paragraphs a. L, ii., or ill. above is directed. This exclusion applies: a. whether the injury-causing event described in paragraphs a. L, ii., or ill. above occurs before employment, during employment or after employment of that person; b. whether the Insured may be liable as an employer or in any other capacity; and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 5 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 16 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury, property damage or personal and advertising injury: a. with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; b. resulting from the hazardous properties of nuclear material and with respect to which: i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or ii. the Insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or c. resulting from hazardous properties of nuclear material, if: i. the nuclear material: (a) is at any nuclear facility owned by, or operated by or on behalf of, an Insured or (b) has been discharged or dispersed therefrom; ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an Insured; or iii the bodily injury, property damage or personal and advertising injury arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage, to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion: (a) property damage includes all forms of radioactive contamination of property; (b) hazardous properties includes but is not limited to radioactive, toxic or explosive properties; (c) source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; (d) spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 6 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 17 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 9. Recall of Products, Work or Impaired Property any actual or alleged loss, cost or expense incurred by the Named Insured or any person or entity, for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of your product, your work or impaired property, if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 10. Unfair Competition/Antitrust Claims/RICO Claims any actual or alleged liability arising out of any: a. unfair competition, dilution, deceptive trade practices, or civil actions for consumer fraud; b. charges of price fixing, monopolization or restraint of trade; or c. any violation of: i. the Federal Trade Commission Act; ii. the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade; iii. the Racketeer Influenced and Corrupt Organizations Act; iv. any rules or regulations promulgated under or in connection with the above statutes; or v. any state, federal or local statute or other law which similarly regulates business practices. 11. Uninsured/Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured/underinsured motorist law, a personal injury protection law, a reparations benefit law or other similar law. 12. War any actual or alleged liability arising, directly or indirectly out of any: a. war, including undeclared or civil war; b. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 13. Workers' Compensation and Similar Laws /Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured: a. under a workers' compensation, disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non-subscription on file with any applicable Worker's Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A - Excess Follow Form Liability Exclusions With respect to Coverage A - Excess Follow Form Liability, this Insurance does not apply to: 1. Coverages Subject to a Sub Limit any actual or alleged liability, loss, cost or expense covered under any underlying insurance which is Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 7 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 18 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: i. at or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any Insured except that this subparagraph does not apply to: (a) bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire; or (b) bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; ii. at or from any premises, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste; iii. which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible; or iv. at or from any premises, site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations: (a) If the pollutants are brought on or to the premises, site or location in connection with such operations by such Insured, contractor or subcontractor; except that this subparagraph does not apply to bodily injury or property damage arising out of: (1) the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for operation of mobile equipment or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such Insured, contractor or subcontractor; or (2) heat, smoke or fumes from a hostile fire; or (b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; v. that are, or that are contained in property that is: (a) being transported or towed by, or handled for movement into, onto or from a covered auto; (b) otherwise in the course of transit; or Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 8 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 19 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy (c) being stored, disposed of, treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels, lubricants, fluids, exhaust, gases or other similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged, dispersed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto; or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto and the discharge, dispersal, release or escape of the pollutants is caused directly by such upset, overturn or damage. b. any actual or alleged personal and advertising injury arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. c. any actual or alleged loss, cost or expense arising out of any: i. request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or ii. claim by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. However, if liability for damages because of property damage is not excluded by paragraph a. of this exclusion, then neither will paragraph c. above serve to exclude such damages. C. Coverage B - Umbrella Liability Exclusions With respect to the Coverage B - Umbrella Liability, this Insurance does not apply to: 1. Aircraft, Auto, Watercraft or Mobile Equipment any actual or alleged bodily injury, property damage, personal and advertising injury arising out of the ownership, maintenance, operation, use, loading or unloading or entrustment to others of any: a. aircraft owned by any Insured or rented, loaned or chartered by or on behalf of any Insured without crew; or b. autos, watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured. This exclusion does not apply to: i. watercraft while ashore on premises the Named Insured owns or rents; ii. watercraft the Named Insured does not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge; or Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 9 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 20 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy iii. liability assumed under any insured contract for the ownership, maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury, property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to: a. property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by the Named Insured, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; c. property loaned to the Named Insured; d. personal property in the care, custody or control of the Insured; e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations, if the property damage arises out of those operations; or f. that particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by the Named Insured. Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products-completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products-completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured's behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to: a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured's business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of a. above. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 10 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 21 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies: i. whether an Insured may be liable as an employer or in any other capacity; and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission: a. intended by an Insured; or b. that would be expected from the standpoint of a reasonable person in the circumstances of the Insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury, property damage or personal and advertising injury arising out of any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens; b. any actual or alleged loss, cost or expense arising out of or relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating,or disposing of, or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else; or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to, in whole or in part, the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage, loss, cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of: a. causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured's premises, for consumption on the Insured's premises; b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in: i. the supervision, hiring, employment, training or monitoring of others by that Insured; or Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 11 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 22 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy ii. providing or failing to provide transportation with respect to any person that may be under the influence of alcohol, if the occurrence which caused the bodily injury or property damage involved that which is described in paragraph a., b. or c. above. 10. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. 11. Personal and Advertising Injury any actual or alleged personal and advertising injury: a. Breach of Contract arising out of breach of contract, except an implied contract to use another's advertising idea in the Named Insured's advertisement. b. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. c. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts, owns, or over which the Insured exercises control. d. Infringement of Copyright, Patent, Trademark or Trade Secret arising out of infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in the Named Insured's advertisement. However, this exclusion does not apply to infringement of copyright, trade dress or slogan in the Named Insured's advertisement. e. Insureds in Media and Internet Type Businesses committed by an Insured whose business is: i. advertising, broadcasting, publishing or telecasting; ii. designing or determining content or web-sites for others; or iii. an Internet search, access, content or service provider. However, this exclusion does not apply to paragraph A., B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for the Named Insured or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. f. Knowing Violation of Rights of Another caused by an actual or alleged offense, act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense, act or omission would cause such personal and advertising injury. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 12 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 23 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material, if the Insured knew or should have known the material was false. i. Quality or Performance of Goods — Failure to Conform to Statements arising out of any failure of goods, products or services to conform to any statement of quality or performance made in the Named Insured's advertisement. j. Unauthorized Use of Another's Name or Product arising out of unauthorized use of another's name or product in the Named Insured's e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods, products or services stated in the Named Insured's advertisement. 12. Pollution a any actual or alleged bodily injury, property damage or personal and advertising injury arisingout of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. b. any actual or alleged loss, cost or expense arising out of any: i. request, demand, order, or statutory or regulatory requirement that anyone test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or ii. claim by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of pollutants. 13. Silica a. any actual or alleged bodily injury arising, in whole or in part, out of the actual, alleged or threatened respiration or ingestion at any time of silica; or b. any actual or alleged property damage arising in whole or in part out of the actual, alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising, in whole or in part, out of the actual, alleged or threatened: i. exposure at any time to; or ii. presence at any time of; silica. 14. Terrorism any actual or alleged bodily Injury, property damage or personal and advertising injury arising out of any act of terrorism. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 13 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 24 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D - Key Employee Exclusions With respect to Coverage D — Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or mental injury; c. pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee's intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including undeclared or civil war; g. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured's permanent loss of the services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured's loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured's loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A - Excess Follow Form Liability, the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of insurance, afforded under such underlying insurance. B. With respect to the Coverage B - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policy as: a. an individual, the Named Insured and the Named Insured's spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured's members, the Named Insured's partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured's business. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 14 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 25 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company, the Named Insured is an Insured. The Named Insured's members are also Insureds, but only with respect to the conduct of the Named Insured's business. The Named Insured's managers are Insureds, but only with respect to their duties as the Named Insured's managers. d. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured's executive officers and directors are Insureds, but only with respect to their duties as the Named Insured's officers or directors. The Named Insured's stockholders are also Insureds, but only with respect to their liability as stockholders. e. a trust, the Named Insured is an Insured. The Named Insured's trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following are also Insureds: a. The Named Insured's volunteer workers but only while performing duties related to the conduct of the Named Insured's business. b. The Named Insured's employees, other than either the Named Insured's executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured's managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business. However, none of these employees or volunteer workers are Insureds for: i. bodily injury or personal and advertising injury: (a) to the Named Insured, to the Named Insured's partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured's members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured's business, or to the Named Insured's other volunteer workers while performing duties related to the conduct of the Named Insured's business; (b) to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (i)(a) above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. (a) or (b) above; or (d) arising out of his or her providing or failing to provide professional health care services. ii. property damage to property: (a) owned, occupied or used by; (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; the Named Insured, any of the Named Insured's employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). C. With respect to the Coverage C - Crisis Event Management and the Coverage D - Key Employee, the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 15 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 26 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of: 1. Insureds; 2. claims made or brought against the Insured; 3. persons or organizations making claims or bringing claims; and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for: 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated; and 2. damages covered under the products-completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period, regardless of length. In addition, with respect to Coverage A — Excess Follow Form Liability only, the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products-Completed Operations Hazard Subject to paragraph D. and E. below, the limit of insurance shown in the Declarations of this Policy as the Aggregate Products-Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products-completed operations hazard, regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit, Aggregate limit and Aggregate products-completed operations hazard limit, the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy, regardless of which coverage applies, except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B., C. and D. above, the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy, regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C — Crisis Management Expenses, the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit, regardless of the number crisis management events for which crisis management expenses are incurred. Crisis management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 16 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 27 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D — Key Employee, the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy, regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. I. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A - Excess Follow Form Liability, if the applicable underlying limits are: 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) Coverage A will apply in excess of the remaining amount of such applicable underlying limit; or 2. exhausted, solely by the payment of covered loss as set forth in Coverage A including related costs and expenses (if such related costs and expense reduce such limits) then Coverage A will apply, subject to this Policy's limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub-limit (whether or not such sub-limit erodes the limits generally available to all claims), then the underlying limits shall not be deemed depleted by payment of any such sub-limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer's expense. The Insurer's limits of insurance shall not be increased because of such appeal. However, the Insurer will pay the following costs and expenses: 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy; 2. all premiums on appeal bonds required in such defended claims, but without obligation to apply for or furnish such bonds; 3. court fees; and 4. costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits, the Named Insured shall demand that such limits be paid. If the appeal is successful, such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 17 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 28 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation/Non renewal provisions are as set forth in the Cancellation/Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer's agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy, nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. None of the provisions of this Policy will be waived, changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment, Misrepresentation and Fraud No concealment, misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment, misrepresentation or fraud was material. Concealment, misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage, or to make this contract or provide coverage on different terms or conditions, will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured, on behalf of all others, will be: 1. authorized to make changes in the terms of this Policy with the consent of the Insurer; 2. the payee of any premiums the Insurer refunds; 3. responsible for: a. remitting the payment of all premiums due, but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand; b. keeping records of the information the Insurer requires for premium computation, and sending copies of such records at such times as requested by the Insurer; c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy; and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured, transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy, the Insureds agree that this Policy, including all endorsements to this Policy, constitute the entire contract existing between the parties relating to this insurance. H. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this Policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such provided however that this sentence does not apply to the spouse of: 1. a sole proprietorship Named Insured; or Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 18 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 29 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured's Books and Records The Insurer may examine and audit the Named Insured's books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy, rehabilitation, receivership, liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer's obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer, the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits, or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience, and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to: 1. make inspections and surveys at any time; 2. give the Named Insured reports on the conditions it finds; 3. recommend changes; or 4. conduct loss control and prevention activity. Any inspections, surveys, reports, or recommendations relate only to insurability and the premiums to be charged. The Insurer does not: 1. make safety inspections; 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public; nor 3. warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. This provision applies not only to the Insurer, but also to any rating, advisory, rate service, or similar organization which makes insurance inspections, surveys, recommendations, reports, or gives loss control or prevention advice, on its behalf. M. Legal Action Limitation No person or organization has a right under this Policy: 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured; or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured; but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An "agreed settlement" means a settlement and release of liability signed by the Insurer, the Insured and the claimant or the claimant's legal representative. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 19 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 30 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A - Excess Follow Form Liability, while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained, without alterations of terms or conditions, in full effect during the term of this Policy; except for reduction or exhaustion of the limits of insurance in the underlying insurance, provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance, this condition shall not invalidate this Policy. However, in the event of such failure, the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. O. Notice of Claims/Crisis Management Event/Covered Accident 1. Solely with respect to Coverage A - Excess Follow Form Liability, if any underlying insurance is a policy issued by the Insurer or any of its affiliates, then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. 2. It is a condition precedent to coverage under this Policy that: a. subject to paragraph b. below, the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible, notice should include: i. how, when and where the incident took place; ii. the names and addresses of any injured persons and witnesses; and iii. the nature and location of any injury or damage arising out of the incident. b. the Insured notify the Insurer as soon as practicable of an incident if it involves: i. a demand against the Insured which exceeds 50% of any remaining applicable underlying limit; ii. any underlying insurance reserve or monetary exposure exceeding $500,000; or iii. any of the following: (a) brain damage, including but not limited to any neurological impairment of infants or adults and coma; (b) spinal cord injury, including but not limited to paraplegia or quadriplegia; (c) loss of any organ; (d) severe disfigurement, including but not limited to burns and amputations; or (e) death. c. if a claim is made against any Insured, the Named Insured: i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim; ii. will immediately send the Insurer copies of any demands, notices, summonses or legal papers received in connection with the claim; iii. will authorize the Insurer to obtain records and other information; iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; will assist the Insurer, upon its request, in the enforcement of any right against any person Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 20 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 31 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A — Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. TransfePof Interest Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 21 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 32 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured's goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web-sites, only that part of a web-site that is about the Named Insured's goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer's consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: A. suit; or Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 22 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 33 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means: A. the United States of America (including its territories and possessions), Puerto Rico and Canada; B. international waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above; or C. all other parts of the world if the injury or damage arises out of: 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above; 2. the activities of a natural person whose home is in the territory described in paragraph A. above, but is away for a short time on the Named Insured's business; or 3. an offense that take place through the Internet or similar electronic means of communication, provided that the Insured's responsibility to pay damages is determined in a suit on the merits, in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event, which solely and independently of any other cause results in the key employee's death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for: A. bodily injury, property damage or any of the following personal and advertising injury offenses: 1. false arrest, detention or imprisonment; 2. malicious prosecution or abuse of process; or 3. wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; and B. damages to which this insurance applies, that are in excess of any applicable: 1. underlying limits; or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following: A. salary, wages, or benefits of the Named Insured or the Named Insured's employees; B. loss of business income; C. costs to acquire, repair or replace real or personal property; or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to hire a crisis management firm; B. to set up call centers or similar inquiry management system to manage inquiries from, or to directly contact, individuals or entities that may be directly impacted by such crisis management event; to create and deliver notification letters to contact individuals or entities that may be directly impacted Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 23 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 34 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event; or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured: A. to pay medical expenses, funeral expenses, psychological counseling expenses, travel expenses, and temporary living expenses of a third party who incurs bodily injury, or a family member of such third party, by reason of such crisis management event; B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm; C. to secure the scene of a crisis management event; and D. other related miscellaneous expenses. Crisis management firm means a public relations firm, law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay, either through: A. final adjudication of a claim; or B. through compromise or settlement of a claim with the Insurer's written consent or direction, because of covered incidents. In addition, damages includes the above-mentioned sums only after deducting all other recoveries and salvages. However, damages does not include: 1. civil or criminal fines, sanctions, penalties or forfeitures, whether pursuant to law, statute, regulation or court rule; 2. injunctive or declaratory relief; 3. any amount that is not insurable under any applicable law; or 4. plaintiff's attorney fees associated with any of the above. Notwithstanding paragraph 3. above, damages shall include (subject always to this Policy's other terms, conditions and limitations) punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean: A reasonable and necessary fees, costs, and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim, and includes premium for appeal bonds arising out of a covered judgment, attachment bonds or similar bonds, but only for bond amounts up to the applicable limit of insurance. In addition, the Insurer will pay up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance, the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment, but before the Insurer has paid or offered C. to pay, or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 24 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 35 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer's request to assist the Insurer in the investigation or defense of the claim. This includes such Insured's actual loss of earnings up to $750 per day, because of time off from work. E. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured's charter, constitution, bylaws or any other similar governing document: A. director, officer, trustee or governor of a corporation; B. management committee member of a joint venture; C. partner of a partnership; D. manager of a limited liability company; and E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus, including but not limited to, yeast, mold, mildew, rust, smut or mushroom, and including any spores, mycotoxins, odors, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of fungi. However, fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property, other than your product or your work that cannot be used or is less useful because: A. it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or B. the Named Insured has failed to fulfill the terms of a contract or agreement, if such property can be restored to use by the repair, replacement, adjustment or removal of your product or your work; or the Named Insured's fulfilling the terms of the contract or agreement. Incident means: A. with respect to Coverage A - Excess Follow Form Liability, a covered event as defined in applicable underlying insurance; B. solely with respect to Coverage B - Umbrella Liability: 1. with respect to bodily injury and property damage, incident means an occurrence; or C. 2. with respect to personal and advertising injury, incident means an offense that gives rise to such personal and advertising injury. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 25 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 36 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means: A. a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedlnsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract; B. a sidetrack agreement; C. an easement or license agreement; except in connection with construction or demolition operations on or within 50 feet of a railroad; D. an obligation, as required by ordinance, to indemnify a municipality except in connection with work for a municipality; E. an elevator maintenance agreement; or F. the part of any other contract or agreement pertaining to its business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization, provided the bodily injury or property damage is caused, in whole or in part, by the Named Insured or by those acting on its behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured's assumption of the tort liability is permitted by law. "Tort liability" means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement: 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; 2. that indemnifies an architect, engineer or surveyor for bodily injury or property damage arising out of: a preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b giving directions or instructions, or failing to give them, if that is the primary cause of the bodily injury or property damage; 3 under which an Insured, if an architect, engineer or surveyor, assumes liability for bodily injury or property damage arising out of such Insured's rendering or failure to render professional services, including those listed in paragraph 2. above and supervisory, inspection, architectural or engineering activities; or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions: A. Chief Executive Officer; B. Chief Operating Officer; C. Chief Financial Officer; D. Corporate Secretary; E. Treasurer; F. Executive Vice President; and Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 26 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 37 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured: A. to continue the performance of the key employee's normal job responsibilities, with comparable quality, while a permanent replacement for the key employee is being sought, appointed or hired, and trained. B. to find a qualified permanent replacement to fill the key employee's position: 1. costs of advertising the employment position opening; 2. travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and 3. miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. C. to minimize the amount of key employee replacement expenses, but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. D. to relocate the replacement employee to an area within a reasonable commute from their place of employment. E. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee: 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident; or 3. other related miscellaneous expenses F. Key employee replacement expenses also include first year amounts of the replacement employee's: 1. annual base starting salary; 2. employee perquisite costs; and 3. employee benefit costs; in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However, the Insurer will not pay more for these expenses than 10% of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following: a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee; b. any key employee replacement expenses that are paid for by any other insurance; c. except as provided in paragraph F. above, salary, wages, or benefits of the Named Insured, the Named Insured's employees, the Named Insured's temporary workers or volunteer workers; d. costs to acquire, repair or replace real or personal property; e. the Named Insured's loss of business income; f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured; and Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 27 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 38 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury, property damage, or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm, to perform duties related to the conduct of the Named Insured's business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property: A. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or auto; B. while it is in or on an aircraft, watercraft or auto; or C. while it is being moved from an aircraft, watercraft or auto to the place where it is finally delivered. However, loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or auto. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: A. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents; C. vehicles that travel on crawler treads; D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 1. power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E. vehicles not described in A., B., C. or D. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2. cherry pickers and similar devices used to raise or lower workers; and F. vehicles not described in A., B., C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos: 1. equipment designed primarily for: a. snow removal; b. road maintenance, but not construction or resurfacing; or c. street cleaning; 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 3. air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 28 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 39 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means: A. any nuclear reactor; B. any equipment or device designed or used for: 1. separating the isotopes of uranium or plutonium; 2. processing or utilizing spent fuel; or 3. handling, processing or packaging nuclear waste; C. any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than: 1. 25 grams of plutonium or uranium 233 or any combination thereof; or 2. 250 grams of uranium 235; and D. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. Nuclear material means source material, special nuclear material, or by-product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material: A containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material (as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof) content; and B. resulting from the operation by any person or organization, of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any: A. valid and collectible policy of insurance; B. self insurance; or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi, including but not limited to bacteria, microbes and viruses (whether or not a microorganism), that cause infection and disease. Other organic pathogens includes any spores, mycotoxins, odors, variants, mutations, or any other substances, products, or byproducts produced by, released by, or arising out of the current or past presence of such Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 29 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 40 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy pathogens, and any colony or group of the foregoing. However, other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability, or mental inability due to a permanent physical inability, of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses: A. false arrest, detention or imprisonment; B. malicious prosecution or abuse of process; C. wrongful eviction from, wrongful entry into, or the invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor; D. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; E. oral or written publication, in any manner, of material that violates a person's right of privacy; F. the use of another's advertising idea in the Named Insured's advertisement; or G. infringing upon another's copyright, trade dress or slogan in the Named Insured's advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration, termination or cancellation date of this Policy. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes medical waste and materials to be recycled, reconditioned or reclaimed. Products-completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except: A. products that are still in the Named Insured's physical possession; or B. work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: 1. when all of the work called for in the Named Insured's contract has been completed; 2. when all of the work to be done at the job site has been completed if the Named Insured's contract calls for work at more than one job site; or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. However, products-completed operations hazard does not include bodily injury or property damage arising out of: A. the transportation of property, unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured, and that condition was created by the loading or unloading of that vehicle by any Insured; B. the existence of tools, uninstalled equipment or abandoned or unused materials; or Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 30 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 41 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products-completed operations are subject to the General Aggregate Limit. Property damage means: A. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However, electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance, whichever is greater. Silica means the chemical compound silicon dioxide (SiO2) in any form, including dust which contains silicon dioxide. Spouse means any husband, wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal, state or local laws or under the Named Insured's employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged, including: A. an arbitration proceeding alleging such damages; or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer's consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee, salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means: A. means: 1. any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. the Named Insured; b. others trading under the Named Insured's name; or c. a person or organization whose business or assets the Named Insured has acquired; and 2. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 31 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 42 of 52 °Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy B. includes: 1. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work: A. means: 1. work or operations performed by the Named Insured or on its behalf; and 2. materials, parts or equipment furnished in connection with such work or operations. B. Includes: 1. warranties or representations made with respect to the fitness, quality, durability, performance or use of your work, and 2. the providing of or failure to provide warnings or instructions. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by the Insurer's Chairman and Secretary, but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer's duly authorized representative if required. Chairman of the Board Secretary Form No: CNA75504XX (03-2015) Policy No: CUE 7015088693 Policy Page: 32 of 32 Policy Effective Date:06/01/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 43 of 52 °Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and _ 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 7015005814 Page 1 of 2 Endorsement No: 5 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 7015005814 Page 2 of 2 Endorsement No: 5 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability -Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Policy No: 7015005814 Page 1 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Policy No: 7015005814 Page 2 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: N a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor _ 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Policy No: 7015005814 Page 3 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Policy No: 7015005814 Page 4 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 7015005814 Page 5 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy No: 7015005814 Page 6 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or(2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Policy No: 7015005814 Page 7 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Policy No: 7015005814 Page 8 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability N the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX (1-15) Policy No: 7015005814 Page 9 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1-15) Policy No: 7015005814 Page 10 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or N limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Policy No: 7015005814 Page 11 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs(3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Policy No: 7015005814 Page 12 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. NThis LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1-15) Policy No: 7015005814 Page 13 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Policy No: 7015005814 Page 14 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Policy No: 7015005814 Page 15 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 7015005814 Page 16 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. N CNA74705XX (1-15) Policy No: 7015005814 Page 17 of 17 Endorsement No: 3 The Continental Insurance Co. Effective Date: 06/01/2021 Insured Name: TACOMA PUMP AND DRILLING CO. INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGED• • • PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 1 of 4 Policy Page: 54 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 41 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section Ill. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 2 of 4 Policy Page: 55 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 3 of 4 Policy Page: 56 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 41 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 9; Page: 4 of 4 Policy Page: 57 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 41 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DNA Business Auto Policy Policy Endorsement WAIVER OF OF OF • AGAINST OTHERS TO OF : • • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: TACOMA PUMP AND DRILLING CO. INC Endorsement Effective Date: 06/01/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No:BUA 7015005828 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 06/01/2021 Endorsement No: 2; Page: 1 of 1 Policy Page: 40 of 113 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ©Copyright Insurance Services Office, Inc., 2011 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 9/21/2023 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Asbestos Abatement Workers Journey Level $59.07 5D 1 H View King Boilermakers Journey Level $74.29 5N 1C View King Brick Mason Journey Level $69.07 7E 1 N View King Brick Mason Pointer-Caulker-Cleaner $69.07 7E 1 N View King Building Service Employees Janitor $29.33 5S 2F View King Building Service Employees Traveling Waxer/Shampooer $29.78 5S 2F View King Building Service Employees Window Cleaner (Non-Scaffold) $32.93 5S 2F View King Building Service Employees Window Cleaner (Scaffold) $33.93 5S 2F View King Cabinet Makers (In Shop). Journey Level $22.74 1 View King Carpenters Acoustical Worker $74.96 15J 4C View King Carpenters Bridge, Dock And Wharf $74.96 15J 4C View Carpenters King Carpenters Floor Layer Et Floor Finisher $74.96 15J 4C View King Carpenters Journey Level $74.96 15J 4C View King Carpenters Scaffold Erector $74.96 15J 4C View King Cement Masons Application of all Composition $72.87 15J 41J View Mastic King Cement Masons Application of all Epoxy $72.37 15J 41J View Material King Cement Masons Application of all Plastic $72.87 15J 41J View Material King Cement Masons Application of Sealing $72.37 15J 41J View Compound King Cement Masons Application of Underlayment $72.87 15J 41J View King Cement Masons Building General $72.37 15J 41J View King Cement Masons Composition or Kalman Floors $72.87 15J 41J View King Cement Masons Concrete Paving $72.37 15J 41J View King Cement Masons Curb Et Gutter Machine $72.87 15J 41J View King Cement Masons Curb Et Gutter, Sidewalks $72.37 15J 41J View King Cement Masons Curing Concrete $72.37 15J 41J View King Cement Masons Finish Colored Concrete $72.87 15J 41J View King Cement Masons Floor Grinding $72.87 15J 4U View King Cement Masons Floor Grinding/Polisher $72.37 15J 4U View King Cement Masons Green Concrete Saw, self- $72.87 15J 4U View powered King Cement Masons Grouting of all Plates $72.37 15J 4U View King Cement Masons Grouting of all Tilt-up Panels $72.37 15J 4U View King Cement Masons Gunite Nozzleman $72.87 15J 4U View King Cement Masons Hand Powered Grinder $72.87 15J 4U View King Cement Masons Journey Level $72.37 15J 4U View King Cement Masons Patching Concrete $72.37 15J 4U View King Cement Masons Pneumatic Power Tools $72.87 15J 4U View King Cement Masons Power Chipping Et Brushing $72.87 15J 4U View King Cement Masons Sand Blasting Architectural $72.87 15J 4U View Finish King Cement Masons Screed Et Rodding Machine $72.87 15J 4U View King Cement Masons Spackling or Skim Coat $72.37 15J 4U View Concrete King Cement Masons Troweling Machine Operator $72.87 15J 4U View King Cement Masons Troweling Machine Operator on $72.87 15J 4U View Colored Slabs King Cement Masons Tunnel Workers $72.87 15J 4U View King Divers Et Tenders Bell/Vehicle or Submersible $129.71 15J 4C View Operator (Not Under Pressure) King Divers Et Tenders Dive Supervisor/Master $93.94 15J 4C View King Divers Et Tenders Diver $129.71 15J 4C 8V View King Divers Et Tenders Diver On Standby $88.94 15J 4C View King Divers Et Tenders Diver Tender $80.82 15J 4C View King Divers Et Tenders Hyperbaric Worker - $93.26 15J 4C View Compressed Air Worker 0-30.00 PSI King Divers Et Tenders Hyperbaric Worker - $98.26 15J 4C View Compressed Air Worker 30.01 - 44.00 PSI King Divers Et Tenders Hyperbaric Worker - $102.26 15J 4C View Compressed Air Worker 44.01 - 54.00 PSI King Divers Et Tenders Hyperbaric Worker - $107.26 15J 4C View Compressed Air Worker 54.01 - 60.00 PSI King Divers Et Tenders Hyperbaric Worker - $109.76 15J 4C View Compressed Air Worker 60.01 - 64.00 PSI King Divers Et Tenders Hyperbaric Worker - $114.76 15J 4C View Compressed Air Worker 64.01 - 68.00 PSI King Divers Et Tenders Hyperbaric Worker - $116.76 15J 4C View Compressed Air Worker 68.01 - 70.00 PSI King Divers Et Tenders Hyperbaric Worker - $118.76 15J 4C View Compressed Air Worker 70.01 - 72.00 PSI King Divers Et Tenders Hyperbaric Worker - $120.76 15J 4C View Compressed Air Worker 72.01 - 74.00 PSI King Divers Et Tenders Manifold Operator $80.82 15J 4C View King Divers Et Tenders Manifold Operator Mixed Gas $85.82 15J 4C View King Divers Et Tenders Remote Operated Vehicle $80.82 15J 4C View Operator/Technician King Divers Et Tenders Remote Operated Vehicle $75.41 15J 4C View Tender King Dredge Workers Assistant Engineer $79.62 5D 3F View King Dredge Workers Assistant Mate (Deckhand) $79.01 5D 3F View King Dredge Workers Boatmen $79.62 5D 3F View King Dredge Workers Engineer Welder $81.15 5D 3F View King Dredge Workers Leverman, Hydraulic $82.77 5D 3F View King Dredge Workers Mates $79.62 5D 3F View King Dredge Workers Oiler $79.01 5D 3F View King Drywall Applicator Journey Level $74.96 15J 4C View King Drywall Tapers Journey Level $74.50 5P 1 E View King Electrical Fixture Maintenance Journey Level $37.19 5L 1 E View Workers King Electricians - Inside Cable Splicer $105.59 7C 4E View King Electricians - Inside Cable Splicer (tunnel) $113.52 7C 4E View King Electricians - Inside Certified Welder $101.98 7C 4E View King Electricians - Inside Certified Welder (tunnel) $109.56 7C 4E View King Electricians - Inside Construction Stock Person $49.28 7C 4E View King Electricians - Inside Journey Level $98.38 7C 4E View King Electricians - Inside Journey Level (tunnel) $105.59 7C 4E View King Electricians - Motor Shop Journey Level $48.68 5A 1 B View King Electricians - Powerline Cable Splicer $93.00 5A 4D View Construction King Electricians - Powerline Certified Line Welder $85.42 5A 4D View Construction King Electricians - Powerline Groundperson $55.27 5A 4D View Construction King Electricians - Powerline Heavy Line Equipment $85.42 5A 4D View Construction Operator King Electricians - Powerline Journey Level Lineperson $85.42 5A 4D View Construction King Electricians - Powerline Line Equipment Operator $73.35 5A 4D View Construction King Electricians - Powerline Meter Installer $55.27 5A 4D 8W View Construction King Electricians - Powerline Pole Sprayer $85.42 5A 4D View Construction King Electricians - Powerline Powderperson $63.50 5A 4D View Construction King Electronic Technicians Journey Level $63.38 7E 1 E View King Elevator Constructors Mechanic $107.49 7D 4A View King Elevator Constructors Mechanic In Charge $116.13 7D 4A View King Fabricated Precast Concrete All Classifications - In-Factory $21.34 5B 1 R View Products Work Only King Fence Erectors Fence Erector $50.07 15J 4V 8Y View King Fence Erectors Fence Laborer $50.07 15J 4V 8Y View King Flaggers Journey Level $50.07 15J 4V 8Y View King Glaziers Journey Level $79.16 7L 1Y View King Heat Et Frost Insulators And Journey Level $87.15 15H 11C View Asbestos Workers King Heating Equipment Mechanics Journey Level $96.42 7F 1 E View King Hod Carriers Et Mason Tenders Journey Level $62.49 15J 4V 8Y View King Industrial Power Vacuum Journey Level $15.74 1 View Cleaner King Inland Boatmen Boat Operator $61.41 5B 1 K View King Inland Boatmen Cook $56.48 5B 1 K View King Inland Boatmen Deckhand $57.48 5B 1 K View King Inland Boatmen Deckhand Engineer $58.81 5B 1 K View King Inland Boatmen Launch Operator $58.89 5B 1 K View King Inland Boatmen Mate $57.31 5B 1 K View King Inspection/Cleaning/Sealing Of Cleaner Operator $49.48 15M 110 View Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Foamer Operator $49.48 15M 110 View Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $49.48 15M 110 View Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Head Operator $47.41 15M 110 View Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Technician $41.20 15M 110 View Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Of TV Truck Operator $44.31 15M 110 View Sewer Et Water Systems By Remote Control King Insulation Applicators Journey Level $74.96 15J 4C View King Ironworkers Journeyman $85.80 15K 11 N. View King Laborers Air, Gas Or Electric Vibrating $59.07 15J 4V 8Y View Screed King Laborers Airtrac Drill Operator $60.90 15J 4V 8Y View King Laborers Ballast Regular Machine $59.07 15J 4V 8Y View King Laborers Batch Weighman $50.07 15J 4V 8Y View King Laborers Brick Pavers $59.07 15J 4V 8Y View King Laborers Brush Cutter $59.07 15J 4V 8Y View King Laborers Brush Hog Feeder $59.07 15J 4V 8Y View King Laborers Burner $59.07 15J 4V 8Y View King Laborers Caisson Worker $60.90 15J 4V 8Y View King Laborers Carpenter Tender $59.07 15J 4V 8Y View King Laborers Cement Dumper-paving $60.15 15J 4V 8Y View King Laborers Cement Finisher Tender $59.07 15J 4V 8Y View King Laborers Change House Or Dry Shack $59.07 15J 4V 8Y View King Laborers Chipping Gun (30 Lbs. And $60.15 15J 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $59.07 15J 4V 8Y View King Laborers Choker Setter $59.07 15J 4V 8Y View King Laborers Chuck Tender $59.07 15J 4V 8Y View King Laborers Clary Power Spreader $60.15 15J 4V 8Y View King Laborers Clean-up Laborer $59.07 15J 4V 8Y View King Laborers Concrete Dumper/Chute $60.15 15J 4V 8Y View Operator King Laborers Concrete Form Stripper $59.07 15J 4V 8Y View King Laborers Concrete Placement Crew $60.15 15J 4V 8Y View King Laborers Concrete Saw Operator/Core $60.15 15J 4V 8Y View Driller King Laborers Crusher Feeder $50.07 15J 4V 8Y View King Laborers Curing Laborer $59.07 15J 4V 8Y View King Laborers Demolition: Wrecking 8t Moving $59.07 15J 4V 8Y View (Incl. Charred Material) King Laborers Ditch Digger $59.07 15J 4V 8Y View King Laborers Diver $60.90 15J 4V 8Y View King Laborers Drill Operator (Hydraulic, $60.15 15J 4V 8Y View Diamond) King Laborers Dry Stack Walls $59.07 15J 4V 8Y View King Laborers Dump Person $59.07 15J 4V 8Y View King Laborers Epoxy Technician $59.07 15J 4V 8Y View King Laborers Erosion Control Worker $59.07 15J 4V 8Y View King Laborers Faller 8t Bucker Chain Saw $60.15 15J 4V 8Y View King Laborers Fine Graders $59.07 15J 4V 8Y View King Laborers Firewatch $50.07 15J 4V 8Y View King Laborers Form Setter $60.15 15J 4V 8Y View King Laborers Gabian Basket Builders $59.07 15J 4V 8Y View King Laborers General Laborer $59.07 15J 4V 8Y View King Laborers Grade Checker 8t Transit Person $62.49 15J 4V 8Y View King Laborers Grinders $59.07 15J 4V 8Y View King Laborers Grout Machine Tender $59.07 15J 4V 8Y View King Laborers Groutmen (Pressure) Including $60.15 15J 4V 8Y View Post Tension Beams King Laborers Guardrail Erector $59.07 15J 4V 8Y View King Laborers Hazardous Waste Worker (Level $60.90 15J 4V 8Y View A) King Laborers Hazardous Waste Worker (Level $60.15 15J 4V 8Y View B) King Laborers Hazardous Waste Worker (Level $59.07 15J 4V 8Y View C) King Laborers High Scaler $60.90 15J 4V 8Y View King Laborers Jackhammer $60.15 15J 4V 8Y View King Laborers Laserbeam Operator $60.15 15J 4V 8Y View King Laborers Maintenance Person $59.07 15J 4V 8Y View King Laborers Manhole Builder-Mudman $60.15 15J 4V 8Y View King Laborers Material Yard Person $59.07 15J 4V 8Y View King Laborers Mold Abatement Worker $59.07 15J 4V 8Y View King Laborers Motorman-Dinky Locomotive $62.59 15J 4V 8Y View King Laborers nozzleman (concrete pump, $62.49 15J 4V 8Y View green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) King Laborers Pavement Breaker $60.15 15J 4V 8Y View King Laborers Pilot Car $50.07 15J 4V 8Y View King Laborers Pipe Layer (Lead) $62.49 15J 4V 8Y View King Laborers Pipe Layer/Tailor $60.15 15J 4V 8Y View King Laborers Pipe Pot Tender $60.15 15J 4V 8Y View King Laborers Pipe Reliner $60.15 15J 4V 8Y View King Laborers Pipe Wrapper $60.15 15J 4V 8Y View King Laborers Pot Tender $59.07 15J 4V 8Y View King Laborers Powderman $60.90 15J 4V 8Y View King Laborers Powderman's Helper $59.07 15J 4V 8Y View King Laborers Power Jacks $60.15 15J 4V 8Y View King Laborers Railroad Spike Puller - Power $60.15 15J 4V 8Y View King Laborers Raker -Asphalt $62.49 15J 4V 8Y View King Laborers Re-timberman $60.90 15J 4V 8Y View King Laborers Remote Equipment Operator $60.15 15J 4V 8Y View King Laborers Rigger/Signal Person $60.15 15J 4V 8Y View King Laborers Rip Rap Person $59.07 15J 4V 8Y View King Laborers Rivet Buster $60.15 15J 4V 8Y View King Laborers Rodder $60.15 15J 4V 8Y View King Laborers Scaffold Erector $59.07 15J 4V 8Y View King Laborers Scale Person $59.07 15J 4V 8Y View King Laborers Sloper (Over 20") $60.15 15J 4V 8Y View King Laborers Sloper Sprayer $59.07 15J 4V 8Y View King Laborers Spreader (Concrete) $60.15 15J 4V 8Y View King Laborers Stake Hopper $59.07 15J 4V 8Y View King Laborers Stock Piler $59.07 15J 4V 8Y View King Laborers Swinging Stage/Boatswain $50.07 15J 4V 8Y View Chair King Laborers Tamper Et Similar Electric, Air $60.15 15J 4V 8Y View Et Gas Operated Tools King Laborers Tamper (Multiple Et Self- $60.15 15J 4V 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $60.15 15J 4V 8Y View Shorer $ Cribber) King Laborers Toolroom Person (at Jobsite) $59.07 15J 4V 8Y View King Laborers Topper $59.07 15J 4V 8Y View King Laborers Track Laborer $59.07 15J 4V 8Y View King Laborers Track Liner (Power) $60.15 15J 4V 8Y View King Laborers Traffic Control Laborer $53.54 15J 4V 9C View King Laborers Traffic Control Supervisor $56.73 15J 4V 9C View King Laborers Truck Spotter $59.07 15J 4V 8Y View King Laborers Tugger Operator $60.15 15J 4V 8Y View King Laborers Tunnel Work-Compressed Air $175.79 15J 4V 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $180.82 15J 4V 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $184.50 15J 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $190.20 15J 4V 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $192.32 15J 4V 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $197.42 15J 4V 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $199.32 15J 4V 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $201.32 15J 4V 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $203.32 15J 4V 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $62.59 15J 4V 8Y View Tender King Laborers Tunnel Work-Miner $62.59 15J 4V 8Y View King Laborers Vibrator $60.15 15J 4V 8Y View King Laborers Vinyl Seamer $59.07 15J 4V 8Y View King Laborers Watchman $45.51 15J 4V 8Y View King Laborers Welder $60.15 15J 4V 8Y View King Laborers Well Point Laborer $60.15 15J 4V 8Y View King Laborers Window Washer/Cleaner $45.51 15J 4V 8Y View King Laborers - Underground Sewer General Laborer Et Topman $59.07 15J 4V 8Y View Et Water King Laborers - Underground Sewer Pipe Layer $60.15 15J 4V 8Y View Et Water King Landscape Construction Landscape $45.51 15J 4V 8Y View Construction/Landscaping Or Planting Laborers King Landscape Construction Landscape Operator $82.25 15J 11 G 8X View King Landscape Maintenance Groundskeeper $17.87 1 View King Lathers Journey Level $74.96 15J 4C View King Marble Setters Journey Level $69.07 7E 1 N View King Metal Fabrication (In Shop), Fitter/Certified Welder $42.17 151 11E View King Metal Fabrication (In Shop). General Laborer $30.07 151 11E View King Metal Fabrication (In Shop), Mechanic $43.63 151 11E View King Metal Fabrication (In Shop), Welder/Burner $39.28 151 11E View King Millwright Journey Level $76.51 15J 4C View King Modular Buildings Cabinet Assembly $15.74 1 View King Modular Buildings Electrician $15.74 1 View King Modular Buildings Equipment Maintenance $15.74 1 View King Modular Buildings Plumber $15.74 1 View King Modular Buildings Production Worker $15.74 1 View King Modular Buildings Tool Maintenance $15.74 1 View King Modular Buildings Utility Person $15.74 1 View King Modular Buildings Welder $15.74 1 View King Painters Journey Level $51.71 6Z 11J View King Pile Driver Crew Tender $80.82 15J 4C View King Pile Driver Journey Level $75.41 15J 4C View King Plasterers Journey Level $70.91 7Q 1 R View King Plasterers Nozzleman $74.91 7Q 1 R View King Playground 8t Park Equipment Journey Level $15.74 1 View Installers King Plumbers $ Pipefitters Journey Level $100.69 6Z 1G View King Power Equipment Operators Asphalt Plant Operators $83.62 15J 11 G 8X View King Power Equipment Operators Assistant Engineer $78.65 15J 11 G 8X View King Power Equipment Operators Barrier Machine (zipper) $82.88 15J 11 G 8X View King Power Equipment Operators Batch Plant Operator: concrete $82.88 15J 11 G 8X View King Power Equipment Operators Boat Operator $83.95 7A 11 H 8X View King Power Equipment Operators Bobcat $78.65 15J 11 G 8X View King Power Equipment Operators Brokk - Remote Demolition $78.65 15J 11 G 8X View Equipment King Power Equipment Operators Brooms $78.65 15J 11 G 8X View King Power Equipment Operators Bump Cutter $82.88 15J 11 G 8X View King Power Equipment Operators Cableways $83.62 15J 11 G 8X View King Power Equipment Operators Chipper $82.88 15J 11 G 8X View King Power Equipment Operators Compressor $78.65 15J 11 G 8X View King Power Equipment Operators Concrete Finish Machine - $78.65 151 11 G 8X View Laser Screed King Power Equipment Operators Concrete Pump - Mounted Or $82.25 15J 11 G 8X View Trailer High Pressure Line Pump, Pump High Pressure King Power Equipment Operators Concrete Pump: Truck Mount $83.62 15J 11 G 8X View With Boom Attachment Over 42 M King Power Equipment Operators Concrete Pump: Truck Mount $82.88 15J 11 G 8X View With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $82.25 15J 11 G 8X View King Power Equipment Operators Cranes Friction: 200 tons and $86.48 7A 11 H 8X View over King Power Equipment Operators Cranes, A-frame: 10 tons and $78.95 7A 11 H 8X View under King Power Equipment Operators Cranes: 100 tons through 199 $84.77 7A 11 H 8X View tons, or 150' of boom (including jib with attachments) King Power Equipment Operators Cranes: 20 tons through 44 $83.20 7A 11 H 8X View tons with attachments King Power Equipment Operators Cranes: 200 tons- 299 tons, or $85.66 7A 11 H 8X View 250' of boom including jib with attachments King Power Equipment Operators Cranes: 300 tons and over or $86.48 7A 11 H 8X View 300' of boom including jib with attachments King Power Equipment Operators Cranes: 45 tons through 99 $83.95 7A 11 H 8X View tons, under 150' of boom(including jib with attachments) King Power Equipment Operators Cranes: Friction cranes through $85.66 7A 11 H 8X View 199 tons King Power Equipment Operators Cranes: through 19 tons with $82.56 7A 11 H 8X View attachments, a-frame over 10 tons King Power Equipment Operators Crusher $82.88 15J 11G 8X View King Power Equipment Operators Deck Engineer/Deck Winches $82.88 15J 11G 8X View (power) King Power Equipment Operators Derricks, On Building Work $83.62 15J 11G 8X View King Power Equipment Operators Dozers D-9 Et Under $82.25 15J 11G 8X View King Power Equipment Operators Drill Oilers: Auger Type, Truck $82.25 15J 11G 8X View Or Crane Mount King Power Equipment Operators Drilling Machine $84.46 15J 11G 8X View King Power Equipment Operators Elevator and man-lift: $78.65 15J 11G 8X View permanent and shaft type King Power Equipment Operators Finishing Machine, Bidwell And $82.88 15J 11G 8X View Gamaco Et Similar Equipment King Power Equipment Operators Forklift: 3000 lbs and over with $82.25 15J 11G 8X View attachments King Power Equipment Operators Forklifts: under 3000 lbs. with $78.65 15J 11G 8X View attachments King Power Equipment Operators Grade Engineer: Using Blue $82.88 15J 11G 8X View Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/Stakeman $78.65 15J 11G 8X View King Power Equipment Operators Guardrail Punch $82.88 15J 11G 8X View King Power Equipment Operators Hard Tail End Dump $83.62 15J 11G 8X View Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump $82.88 15J 11G 8X View Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/Directional Drill $82.25 15J 11G 8X View Locator King Power Equipment Operators Horizontal/Directional Drill $82.88 15J 11G 8X View Operator King Power Equipment Operators Hydralifts/Boom Trucks Over $82.56 7A 11 H 8X View 10 Tons King Power Equipment Operators Hydralifts/boom trucks: 10 $78.95 7A 11 H 8X View tons and under King Power Equipment Operators Leverman $85.33 15J 11G 8X View King Power Equipment Operators Loader, Overhead, 6 Yards. But $83.62 15J 11G 8X View Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $82.88 15J 11G 8X View Yards King Power Equipment Operators Loaders, Plant Feed $82.88 15J 11G 8X View King Power Equipment Operators Loaders: Elevating Type Belt $82.25 15J 11G 8X View King Power Equipment Operators Locomotives, All $82.88 15J 11G 8X View King Power Equipment Operators Material Transfer Device $82.88 15J 11G 8X View King Power Equipment Operators Mechanics: All (Leadmen - $84.46 15J 11G 8X View $0.50 per hour over mechanic) King Power Equipment Operators Motor Patrol Graders $83.62 15J 11G 8X View King Power Equipment Operators Mucking Machine, Mole, Tunnel $83.62 15J 11G 8X View Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $78.65 15J 11G 8X View Distribution Et Mulch Seeding Operator King Power Equipment Operators Outside Hoists (Elevators and $82.25 15J 11G 8X View Manlifts), Air Tuggers, Strato King Power Equipment Operators Overhead, bridge type Crane: $83.20 7A 11 H 8X View 20 tons through 44 tons King Power Equipment Operators Overhead, bridge type: 100 $84.77 7A 11 H 8X View tons and over King Power Equipment Operators Overhead, bridge type: 45 tons $83.95 7A 11 H 8X View through 99 tons King Power Equipment Operators Pavement Breaker $78.65 15J 11G 8X View King Power Equipment Operators Pile Driver (other Than Crane $82.88 15J 11G 8X View Mount) King Power Equipment Operators Plant Oiler - Asphalt, Crusher $82.25 15J 11G 8X View King Power Equipment Operators Posthole Digger, Mechanical $78.65 15J 11G 8X View King Power Equipment Operators Power Plant $78.65 15J 11G 8X View King Power Equipment Operators Pumps - Water $78.65 15J 11G 8X View King Power Equipment Operators Quad 9, Hd 41, D10 And Over $83.62 15J 11G 8X View King Power Equipment Operators Quick Tower: no cab, under $82.88 15J 11G 8X View 100 feet in height base to boom King Power Equipment Operators Remote Control Operator On $83.62 15J 11G 8X View Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger and Bellman $78.95 7A 11 H 8X View King Power Equipment Operators Rigger/Signal Person, $82.56 7A 11 H 8X View Bellman(Certified) King Power Equipment Operators Rollagon $83.62 15J 11G 8X View King Power Equipment Operators Roller, Other Than Plant Mix $78.65 15J 11G 8X View King Power Equipment Operators Roller, Plant Mix Or Multi-lift $82.25 15J 11G 8X View Materials King Power Equipment Operators Roto-mill, Roto-grinder $82.88 15J 11G 8X View King Power Equipment Operators Saws - Concrete $82.25 15J 11G 8X View King Power Equipment Operators Scraper, Self Propelled Under $82.88 15J 11G 8X View 45 Yards King Power Equipment Operators Scrapers - Concrete Et Carry All $82.25 15J 11G 8X View King Power Equipment Operators Scrapers, Self-propelled: 45 $83.62 15J 11G 8X View Yards And Over King Power Equipment Operators Service Engineers: Equipment $82.25 15J 11 G 8X View King Power Equipment Operators Shotcrete/Gunite Equipment $78.65 15J 11 G 8X View King Power Equipment Operators Shovel, Excavator, Backhoe, $82.25 15J 11 G 8X View Tractors Under 15 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoe: $83.62 15J 11 G 8X View Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $82.88 15J 11 G 8X View Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $84.46 15J 11 G 8X View Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $85.33 15J 11 G 8X View Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $83.62 15J 11 G 8X View King Power Equipment Operators Spreader, Topsider Et $83.62 15J 11 G 8X View Screedman King Power Equipment Operators Subgrader Trimmer $82.88 15J 11 G 8X View King Power Equipment Operators Tower Bucket Elevators $82.25 15J 11 G 8X View King Power Equipment Operators Tower Crane: over 175' through $85.66 7A 11 H 8X View 250' in height, base to boom King Power Equipment Operators Tower crane: up to 175' in $84.77 7A 11 H 8X View height base to boom King Power Equipment Operators Tower Cranes: over 250' in $86.48 7A 11 H 8X View height from base to boom King Power Equipment Operators Transporters, All Track Or Truck $83.62 15J 11 G 8X View Type King Power Equipment Operators Trenching Machines $82.25 15J 11 G 8X View King Power Equipment Operators Truck Crane Oiler/Driver: 100 $83.20 7A 11 H 8X View tons and over King Power Equipment Operators Truck crane oiler/driver: under $82.56 7A 11 H 8X View 100 tons King Power Equipment Operators Truck Mount Portable Conveyor $82.88 15J 11 G 8X View King Power Equipment Operators Vac Truck (Vactor Guzzler, $82.88 15J 11 G 8X View Hydro Excavator) King Power Equipment Operators Welder $83.62 15J 11 G 8X View King Power Equipment Operators Wheel Tractors, Farman Type $78.65 15J 11 G 8X View King Power Equipment Operators Yo Yo Pay Dozer $82.88 15J 11 G 8X View King Power Equipment Operators- Asphalt Plant Operators $83.62 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $82.88 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Batch Plant Operator, Concrete $82.88 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Boat Operator $83.95 7A 11 H 8X View Underground Sewer Et Water King Power Equipment Operators- Bobcat $78.65 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition $78.65 15J 11 G 8X View Underground Sewer Et Water Equipment King Power Equipment Operators- Brooms $78.65 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Bump Cutter $82.88 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Cableways $83.62 15J 11 G 8X View Underground Sewer &t Water King Power Equipment Operators- Chipper $82.88 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Compressor $78.65 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Concrete Finish Machine - $78.65 15J 11 G 8X View Underground Sewer Et Water Laser Screed King Power Equipment Operators- Concrete Pump - Mounted Or $82.25 15J 11 G 8X View Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure King Power Equipment Operators- Concrete Pump: Truck Mount $83.62 15J 11 G 8X View Underground Sewer 8t Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Pump: Truck Mount $82.88 15J 11 G 8X View Underground Sewer Et Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $82.25 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Cranes Friction: 200 tons and $86.48 7A 11 H 8X View Underground Sewer &t Water over King Power Equipment Operators- Cranes, A-frame: 10 tons and $78.95 7A 11 H 8X View Underground Sewer Et Water under King Power Equipment Operators- Cranes: 100 tons through 199 $84.77 7A 11 H 8X View Underground Sewer 8t Water tons, or 150' of boom (including jib with attachments) King Power Equipment Operators- Cranes: 20 tons through 44 $83.20 7A 11 H 8X View Underground Sewer Et Water tons with attachments King Power Equipment Operators- Cranes: 20 tons through 44 $83.20 7A 11 H 8X View Underground Sewer Et Water tons with attachments King Power Equipment Operators- Cranes: 200 tons- 299 tons, or $85.66 7A 11 H 8X View Underground Sewer 8t Water 250' of boom including jib with attachments King Power Equipment Operators- Cranes: 300 tons and over or $86.48 7A 11 H 8X View Underground Sewer Et Water 300' of boom including jib with attachments King Power Equipment Operators- Cranes: 45 tons through 99 $83.95 7A 11 H 8X View Underground Sewer Et Water tons, under 150' of boom(including jib with attachments) King Power Equipment Operators- Cranes: Friction cranes through $85.66 7A 11 H 8X View Underground Sewer Et Water 199 tons King Power Equipment Operators- Cranes: through 19 tons with $82.56 7A 11 H 8X View Underground Sewer Et Water attachments, a-frame over 10 tons King Power Equipment Operators- Crusher $82.88 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Deck Engineer/Deck Winches $82.88 15J 11G 8X View Underground Sewer Et Water (power) King Power Equipment Operators- Derricks, On Building Work $83.62 15J 11G 8X View Underground Sewer 8t Water King Power Equipment Operators- Dozers D-9 Et Under $82.25 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $82.25 15J 11G 8X View Underground Sewer 8t Water Or Crane Mount King Power Equipment Operators- Drilling Machine $84.46 15J 11G 8X View Underground Sewer 8t Water King Power Equipment Operators- Elevator and man-lift: $78.65 15J 11G 8X View Underground Sewer Et Water permanent and shaft type King Power Equipment Operators- Finishing Machine, Bidwell And $82.88 15J 11G 8X View Underground Sewer 8t Water Gamaco 8t Similar Equipment King Power Equipment Operators- Forklift: 3000 lbs and over with $82.25 15J 11G 8X View Underground Sewer Et Water attachments King Power Equipment Operators- Forklifts: under 3000 lbs. with $78.65 15J 11G 8X View Underground Sewer Et Water attachments King Power Equipment Operators- Grade Engineer: Using Blue $82.88 15J 11G 8X View Underground Sewer 8t Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/Stakeman $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch $82.88 15J 11G 8X View Underground Sewer 8t Water King Power Equipment Operators- Hard Tail End Dump $83.62 15J 11G 8X View Underground Sewer 8t Water Articulating Off- Road Equipment 45 Yards. 8t Over King Power Equipment Operators- Hard Tail End Dump $82.88 15J 11G 8X View Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/Directional Drill $82.25 15J 11G 8X View Underground Sewer 8t Water Locator King Power Equipment Operators- Horizontal/Directional Drill $82.88 15J 11G 8X View Underground Sewer Et Water Operator King Power Equipment Operators- Hydralifts/boom trucks: 10 $78.95 7A 11 H 8X View Underground Sewer Et Water tons and under King Power Equipment Operators- Hydralifts/boom trucks: over $82.56 7A 11 H 8X View Underground Sewer 8t Water 10 tons King Power Equipment Operators- Leverman $85.33 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead, 6 Yards. But $83.62 15J 11G 8X View Underground Sewer 8t Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $82.88 15J 11G 8X View Underground Sewer 8t Water Yards King Power Equipment Operators- Loaders, Plant Feed $82.88 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $82.25 15J 11G 8X View Underground Sewer 8t Water King Power Equipment Operators- Locomotives, All $82.88 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $82.88 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Mechanics: All (Leadmen - $84.46 15J 11G 8X View Underground Sewer Et Water $0.50 per hour over mechanic) King Power Equipment Operators- Motor Patrol Graders $83.62 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel $83.62 15J 11 G 8X View Underground Sewer Et Water Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $78.65 15J 11 G 8X View Underground Sewer 8t Water Distribution 8t Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (Elevators and $82.25 15J 11 G 8X View Underground Sewer 8t Water Manlifts), Air Tuggers, Strato King Power Equipment Operators- Overhead, bridge type Crane: $83.20 7A 11 H 8X View Underground Sewer Et Water 20 tons through 44 tons King Power Equipment Operators- Overhead, bridge type: 100 $84.77 7A 11 H 8X View Underground Sewer Et Water tons and over King Power Equipment Operators- Overhead, bridge type: 45 tons $83.95 7A 11 H 8X View Underground Sewer Et Water through 99 tons King Power Equipment Operators- Pavement Breaker $78.65 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane $82.88 15J 11 G 8X View Underground Sewer 8t Water Mount) King Power Equipment Operators- Plant Oiler -Asphalt, Crusher $82.25 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $78.65 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Power Plant $78.65 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Pumps - Water $78.65 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $83.62 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Quick Tower: no cab, under $82.88 15J 11 G 8X View Underground Sewer Et Water 100 feet in height base to boom King Power Equipment Operators- Remote Control Operator On $83.62 15J 11 G 8X View Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger and Bellman $78.95 7A 11 H 8X View Underground Sewer 8t Water King Power Equipment Operators- Rigger/Signal Person, $82.56 7A 11 H 8X View Underground Sewer Et Water Bellman(Certified) King Power Equipment Operators- Rollagon $83.62 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Roller, Other Than Plant Mix $78.65 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $82.25 15J 11 G 8X View Underground Sewer Et Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $82.88 15J 11 G 8X View Underground Sewer 8t Water King Power Equipment Operators- Saws - Concrete $82.25 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under $82.88 15J 11G 8X View Underground Sewer Et Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry All $82.25 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $83.62 15J 11 G 8X View Underground Sewer Et Water Yards And Over King Power Equipment Operators- Shotcrete/Gunite Equipment $78.65 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoe, $82.25 15J 11 G 8X View Underground Sewer Et Water Tractors Under 15 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoe: $83.62 15J 11 G 8X View Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $82.88 15J 11 G 8X View Underground Sewer Et Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $84.46 15J 11 G 8X View Underground Sewer Et Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $85.33 15J 11 G 8X View Underground Sewer Et Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $83.62 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider Et $83.62 15J 11 G 8X View Underground Sewer Et Water Screedman King Power Equipment Operators- Subgrader Trimmer $82.88 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $82.25 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Tower Crane: over 175' through $85.66 7A 11 H 8X View Underground Sewer Et Water 250' in height, base to boom King Power Equipment Operators- Tower crane: up to 175' in $84.77 7A 11 H 8X View Underground Sewer Et Water height base to boom King Power Equipment Operators- Tower Cranes: over 250' in $86.48 7A 11 H 8X View Underground Sewer Et Water height from base to boom King Power Equipment Operators- Transporters, All Track Or Truck $83.62 15J 11 G 8X View Underground Sewer Et Water Type King Power Equipment Operators- Trenching Machines $82.25 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/Driver: 100 $83.20 7A 11 H 8X View Underground Sewer Et Water tons and over King Power Equipment Operators- Truck Crane Oiler/Driver: 100 $83.20 7A 11 H 8X View Underground Sewer Et Water tons and over King Power Equipment Operators- Truck crane oiler/driver: under $82.56 7A 11 H 8X View Underground Sewer Et Water 100 tons King Power Equipment Operators- Truck Mount Portable Conveyor $82.88 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Vac Truck (Vactor Guzzler, $82.88 15J 11 G 8X View Underground Sewer Et Water Hydro Excavator) King Power Equipment Operators- Welder $83.62 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farman Type $78.65 15J 11 G 8X View Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $82.88 15J 11G 8X View Underground Sewer Et Water King Power Line Clearance Tree Journey Level In Charge $57.22 5A 4A View Trimmers King Power Line Clearance Tree Spray Person $54.32 5A 4A View Trimmers King Power Line Clearance Tree Tree Equipment Operator $57.22 5A 4A View Trimmers King Power Line Clearance Tree Tree Trimmer $51.18 5A 4A View Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $38.99 5A 4A View Trimmers King Refrigeration Et Air Conditioning Journey Level $93.51 6Z 1 G View Mechanics King Residential Brick Mason Journey Level $69.07 7E 1 N View King Residential Carpenters Journey Level $36.44 1 View King Residential Cement Masons Journey Level $46.64 1 View King Residential Drywall Applicators Journey Level $74.96 15J 4C View King Residential Drywall Tapers Journey Level $36.36 1 View King Residential Electricians Journey Level $48.80 1 View King Residential Glaziers Journey Level $28.93 1 View King Residential Insulation Journey Level $28.18 1 View Applicators King Residential Laborers Journey Level $29.73 1 View King Residential Marble Setters Journey Level $27.38 1 View King Residential Painters Journey Level $23.47 1 View King Residential Plumbers Et Journey Level $100.69 6Z 1G View Pipefitters King Residential Refrigeration Et Air Journey Level $93.51 6Z 1 G View Conditioning Mechanics King Residential Sheet Metal Journey Level $96.42 7F 1 E View Workers King Residential Soft Floor Lavers Journey Level $57.11 5A 3J View King Residential Sprinkler Fitters Journey Level $58.26 5C 211 View .(Fire Protection), King Residential Stone Masons Journey Level $69.07 7E 1 N View King Residential Terrazzo Workers Journey Level $62.36 7E 1 N View King Residential Terrazzo/Tile Journey Level $24.39 1 View Finishers King Residential Tile Setters Journey Level $21.04 1 View King Roofers Journey Level $61.95 5A 3H View King Roofers Using Irritable Bituminous $64.95 5A 3H View Materials King Sheet Metal Workers Journey Level (Field or Shop) $96.42 7F 1 E View King Shipbuilding Et Ship Repair New Construction Boilermaker $50.35 7X 4J View King Shipbuilding Et Ship Repair New Construction Carpenter $50.95 7X 4J View King Shipbuilding Et Ship Repair New Construction Crane $41.83 7V 1 View Operator King Shipbuilding Et Ship Repair New Construction Electrician $50.42 7X 4J View King Shipbuilding Et Ship Repair New Construction Heat Et Frost $87.15 15H 11C View Insulator King Shipbuilding Et Ship Repair New Construction Laborer $50.95 7X 4J View King Shipbuilding Et Ship Repair New Construction Machinist $50.95 7X 4J View King Shipbuilding Et Ship Repair New Construction Operating $41.83 7V 1 View Engineer King Shipbuilding Et Ship Repair New Construction Painter $50.95 7X 4J View King Shipbuilding Et Ship Repair New Construction Pipefitter $50.95 7X 4J View King Shipbuilding Et Ship Repair New Construction Rigger $50.35 7X 4J View King Shipbuilding Et Ship Repair New Construction Sheet Metal $50.35 7X 4J View King Shipbuilding Et Ship Repair New Construction Shipwright $50.95 7X 4J View King Shipbuilding Et Ship Repair New Construction $41.83 7V 1 View Warehouse/Teamster King Shipbuilding Et Ship Repair New Construction Welder / $50.35 7X 4J View Burner King Shipbuilding Et Ship Repair Ship Repair Boilermaker $50.35 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Carpenter $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Crane Operator $45.06 7Y 4K View King Shipbuilding Et Ship Repair Ship Repair Electrician $50.42 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Heat Et Frost $87.15 15H 11C View Insulator King Shipbuilding Et Ship Repair Ship Repair Laborer $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Machinist $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Operating Engineer $45.06 7Y 4K View King Shipbuilding Et Ship Repair Ship Repair Painter $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Pipefitter $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Rigger $50.35 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Sheet Metal $50.35 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Shipwright $50.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Warehouse / $45.06 7Y 4K View Teamster King Sign Makers Et Installers Journey Level $58.04 0 1 View .(Electrical), King Sign Makers Et Installers (Non- Journey Level $37.08 0 1 View Electrical). King Soft Floor Lavers Journey Level $66.32 15J 4C View King Solar Controls For Windows Journey Level $15.74 1 View King Sprinkler Fitters (Fire Journey Level $93.99 5C 1 X View Protection), King Stage Rigging Mechanics (Non Journey Level $15.74 1 View Structural), King Stone Masons Journey Level $69.07 7E 1 N View King Street And Parking Lot Sweeper Journey Level $19.09 1 View Workers King Surveyors Assistant Construction Site $82.56 7A 11 H 8X View Surveyor King Surveyors Chainman $78.95 7A 11 H 8X View King Surveyors Construction Site Surveyor $83.95 7A 11 H 8X View King Surveyors Drone Operator (when used in $78.95 7A 11 H 8X View conjunction with survey work only) King Surveyors Ground Penetrating Radar $78.95 7A 11 H 8X View Operator King Telecommunication Technicians Journey Level $63.38 7E 1 E View King Telephone Line Construction - Cable Splicer $40.11 5A 2B View Outside King Telephone Line Construction - Hole Digger/Ground Person $26.67 5A 2B View Outside King Telephone Line Construction - Telephone Equipment Operator $33.49 5A 2B View Outside (Light) King Telephone Line Construction - Telephone Lineperson $37.90 5A 2B View Outside King Terrazzo Workers Journey Level $62.36 7E 1 N View King Tile Setters Journey Level $62.36 7E 1 N View King Tile, Marble Et Terrazzo Finisher $53.19 7E 1 N View Finishers King Traffic Control Stripers Journey Level $89.54 15L 1 K View King Truck Drivers Asphalt Mix Over 16 Yards $74.95 15J 11M 8L View King Truck Drivers Asphalt Mix To 16 Yards $74.02 15J 11M 8L View King Truck Drivers Dump Truck $74.02 15J 11M 8L View King Truck Drivers Dump Truck Et Trailer $74.95 15J 11M 8L View King Truck Drivers Other Trucks $74.95 15J 11M 8L View King Truck Drivers - Ready Mix Transit Mix $74.95 15J 11M 8L View King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 View Installers King Well Drillers Et Irrigation Pump Oiler $15.74 1 View Installers King Well Drillers Et Irrigation Pump Well Driller $18.00 1 View Installers Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker.On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)hour workweek day or a four-ten(10)hour workweek day and the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten(10)hours worked on Saturdays and the first ten(10)hours worked on a fifth calendar weekday in a four- ten hour schedule,shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10)hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays(except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All hours worked over ten(10)hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays(except makeup days if work is lost due to inclement weather conditions)shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays(except makeup days)shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Continued 1. O. The first ten(10)hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays(except makeup days if circumstances warrant)and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid atone and one-half times the hourly rate of wage. All hours worked in excess often (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day)shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer))shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12)hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm(or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day(10 in a 4 x 10 workweek)or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Continued 2. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay.All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. M. This code appears to be missing. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2)times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half(1-1/2)times the regular rate of pay. J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on Saturdays shall be paid at a one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. K. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays,and all hours worked in excess of twelve(12)hours in a single shift shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more.When an employee returns to work without at least eight(8)hours time off since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the eight(8)hours rest period. 3of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Continued 4. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays,Sundays and holidays shall be paid at double the hourly rate of wage C. On Monday through Friday, the first four(4)hours of overtime after eight (8) hours of straight time work shall be paid at one and one half(1-1/2)times the straight time rate of pay,unless a four(4)day ten(10)hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday,the first two (2)hours of overtime after ten(10)hours of straight time work shall be paid at one and one half(1-1/2)times the straight time rate of pay. On Saturday, the first twelve(12)hours of work shall be paid at one and one half(1-1/2)times the straight time rate of pay,except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer,the first ten(10)hours on Saturday maybe worked at the straight time rate of pay.All hours worked over twelve(12)hours in a day and all hours worked on Sunday and Holidays shall be paid at two(2)times the straight time rate of pay. D. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturday,Sundays and holidays shall be paid at double the hourly rate of pay.Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations,regulating, capacitor stations, generating plants,industrial plants, associated installations and substations, except those substations whose primary function is to feed a distribution system,will be paid overtime under the following rates: The first two (2)hours after eight(8)regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage.All hours in excess of ten(10)hours will be at two(2)times the hourly rate of wage. The first eight(8)hours worked on Saturday will be paid at one and one-half(1-1/2)times the hourly rate of wage. All hours worked in excess of eight(8)hours on Saturday,and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage.The Monday or Friday not utilized in the normal four- day,ten hour work week,and Saturday shall be paid at one and one half(1'/2)times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. The First eight(8)hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight(8)per day on Saturdays shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 4of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Continued 4. J. The first eight(8)hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight(8)hours on a Saturday shall be paid at double the hourly rate of wage. All hours worked over twelve(12)in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. K. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked over twelve(12)in a day Monday through Saturday,and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. L. The first twelve(12)hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on a Saturday in excess of twelve (12)hours shall be paid at double the hourly rate of pay. All hours worked over twelve (12)in a day Monday through Friday, and all hours worked on Sundays shall be paid at double the hourly rate of wage.All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage, except that all hours worked on Labor Day shall be paid at double the hourly rate of pay. S. On a four(4) day ten (10)hour workweek scheduled Monday through Thursday, or Tuesday through Friday, work performed in excess of(10)hours shall be paid at one and one half(1-1/2)times the hourly rate of pay. On Monday through Friday, work performed outside the normal work hours of 6:00 a.m. and 6:00 p.m. shall be paid at one and one-half(1-1/2)times the straight time rate,(except for special shifts or multiple shift operations). All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed on Sundays and holidays shall be paid at double the hourly rate of wage. When an employee returns to work without at least eight(8)hours time off since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight(8)hours. Multiple Shift Operations:When the first shift of a multiple shift(a two or three shift)operation is started at the basic straight time rate or at a specific overtime rate,all shifts of that days operation shall be completed at that rate. Special Shifts: The Special Shift Premium is the basic hourly rate of pay plus$2.00 an hour.When due to conditions beyond the control of the employer or when an owner (not acting as the contractor), a government agency or the contract specifications require more than four(4)hours of a special shift can only be performed outside the normal 6am to 6pm shift then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift,they shall be paid the special shift premium for each hour worked unless they are in overtime or double-time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday). U. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelve(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.(Except on makeup days if work is lost due to inclement weather,then the first eight(8)hours on Saturday may be paid the regular rate.) All hours worked over twelve(12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 5of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Continued 4. V. Work performed in excess of ten(10)hours of straight time per day when four ten(10)hour shifts are established or outside the normal shift(5 am to 6pm),and all work on Saturdays,except for make-up days shall be paid at time and one-half(1 '/2)the straight time rate. hi the event the job is down due to weather conditions,then Saturday may,be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All work performed on Sundays and holidays and work in excess of twelve(12)hours per day shall be paid at double(2x) the straight time rate of pay. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours. When an employee returns to work without a break of eight(8)hours since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8)hours. X. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Work performed outside the normal shift of 6 am to 6pm shall be paid at one and one-half the straight time rate,(except for special shifts or three shift operations). All work performed on Sundays and holidays shall be paid at double the hourly rate of wage.Shifts may be established when considered necessary by the Employer. The Employer may establish shifts consisting of eight(8)or ten(10)hours of work(subject to WAC 296-127-022), that shall constitute a normal forty(40)hour work week. The Employer can change from a 5-eight to a 4-ten hour schedule or back to the other. All hours of work on these shifts shall be paid for at the straight time hourly rate.Work performed in excess of eight hours(or ten hours per day(subject to WAC 296-127-022)shall be paid at one and one- half the straight time rate. When due to conditions beyond the control of the Employer, or when contract specifications require that work can only be performed outside the regular day shift,then by mutual agreement a special shift may be worked at the straight time rate, eight(8)hours work for eight(8)hours pay. The starting time shall be arranged to fit such conditions of work. When an employee returns to work without at a break of eight(8)hours since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight(8)hours. 11. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. C The first two (2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, and all hours on Sunday shall be paid at double the hourly rate of wage.All hours worked on Labor Day shall be paid at three times the hourly rate of wage. All non-overtime and non-holiday hours worked between 4:00 pm and 5:00 am,Monday through Friday,shall be paid at a premium rate of 15%over the hourly rate of wage. 6of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Continued 11. D. All hours worked on Saturdays and holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. E. The first two(2)hours after eight(8)regular hours Monday through Friday,the first ten(10)hours on Saturday, and the first ten(10)hours worked on Holidays shall be paid at one and one-half times the hourly rate of wage.All hours worked over ten(10)hours Monday through Saturday,and Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. F. The first two (2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage.The Monday or Friday not utilized in the normal four- day, ten hour work week,and Saturday shall be paid at one-half times the hourly rate of wage for the first eight(8) hours.All other hours worked Monday through Saturday,and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. G. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve(12)hours in a single shift shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of nine(9)hours or more.When an employee returns to work without at least nine(9)hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the nine(9)hours rest period. H. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve(12)hours in a single shift shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of ten(10)hours or more.When an employee returns to work without at least ten(10)hours time off since their previous shift,all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the ten(10)hours rest period. 7of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Overtime Codes Continued 11. J. All hours worked on holidays shall be paid at double the hourly rate of wage. K. On Monday through Friday hours worked outside 4:00 am and 5:00 pm, and the first two(2)hours after eight(8) hours worked shall be paid at one and one-half times the hourly rate. All hours worked over 10 hours per day Monday through Friday, and all hours worked on Saturdays, Sundays,and Holidays worked shall be paid at double the hourly rate of wage. L. An employee working outside 5:00 am and 5:00 pm shall receive an additional two dollar($2.00)per hour for all hours worked that shift.All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. M. On Monday through Friday,the first four(4)hours of overtime after eight(8)hours of straight time work shall be paid at one and one half(1-1/2)times the straight time rate of pay,unless a four(4)day ten(10)hour workweek has been established.On a four(4)day ten(10)hour workweek scheduled Monday through Thursday,or Tuesday through Friday,the first two(2)hours of overtime after ten(10)hours of straight time work shall be paid at one and one half(1-1/2)times the straight time rate of pay. Work performed outside the normal work hours of 5:00 a.m. and 6:00 p.m. shall be paid at one and one-half(1-1/2) times the straight time rate,(except for special shifts or multiple shift operations).When the first shift of a multiple shift(a two or three shift)operation is started at the basic straight time rate or at a specific overtime rate, all shifts of that day's operation shall be completed at that rate.When due to conditions beyond the control of the Employer or when contract specifications require that work can only be performed outside the regular day shift of 5:00 am to 6:00 pm,then a special shift may be worked at the straight time rate,plus the shift pay premium when applicable. The starting time of work will be arranged to fit such conditions of work. Such shift shall consist of eight(8)hours work for eight(8)hours pay or ten(10)hours work for ten(10)hours pay for four ten shifts. On Saturday,the first twelve(12)hours of work shall be paid at one and one half(1-1/2)times the straight time rate of pay.All work performed after 6:00 pm Saturday to 5:00 am Monday,all work performed over twelve(12)hours, and all work performed on holidays shall be paid at double the straight time rate of pay. Shift Pay Premium: In an addition to any overtime already required,all hours worked between the hours of 6:00 pm and 5:00 am shall receive an additional two dollars($2.00)per hour. N. All work performed over twelve hours in a shift and all work performed on Sundays and Holidays shall be paid at double the straight time rate. Any time worked over eight(8)hours on Saturday shall be paid double the straight time rate,except employees assigned to work six 10-hour shifts per week shall be paid double the straight time rate for anytime worked on Saturday over 10 hours. O. All work performed on Saturdays, Sundays,and Holidays shall be paid at one and one half(1-1/2)times the straight time rate of pay. 8of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,and Christmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). H. Holidays:New Year's Day,Memorial Day, Independence Day, Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). L Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas,And Christmas Day(9). L. Holidays:New Year's Day,Martin Luther King Jr.Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day,And Christmas Day(8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day(9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day(6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day. (7 1/2). S. Paid Holidays:New Year's Day,Presidents'Day,Memorial Day,Independence Day, Labor Day, Thanksgiving Day, And Christmas Day(7). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). 6. G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,and Christmas Eve Day(11). H. Paid Holidays:New Year's Day,New Year's Eve Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(10). 9of15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Holiday Codes Continued 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day,The Last Working Day Before Christmas Day,And Christmas Day(9). Z. Holidays: New Year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays:New Year's Day,Martin Luther King Jr.Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day,Memorial Day,Independence Day, Labor Day,Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the last working day before Christmas day and Christmas day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays:New Year's Day,Martin Luther King Jr.Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays:New Year's Day,President's Day, Independence Day,Memorial Day, Labor Day,Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 10 of 15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Holiday Codes Continued 7. J. Holidays:New Year's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day and Christmas Day(6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,Christmas Day,the Day after Christmas,and A Floating Holiday(9). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. V. Holidays:New Year's Day,President's Birthday,Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,Christmas Day,the day before or after Christmas, and the day before or after New Year's Day. If any of the above listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. W. Holidays: New Year's Day, Day After New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Eve Day,Christmas Day,the day after Christmas,the day before New Year's Day,and a Floating Holiday. X. Holidays:New Year's Day,Day before or after New Year's Day,Presidents'Day,Memorial Day,Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day before or after Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off,then the holiday will be taken on the last normal workday.If the holiday falls on a Monday that is the normal day off or on a Sunday,then the holiday will be taken on the next normal workday. Y. Holidays: New Year's Day, Presidents' Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,and Christmas Day. (8)If the holiday falls on a Sunday,then the day observed by the federal government shall be considered a holiday and compensated accordingly. Z. Holidays:New Year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday and Saturday after Thanksgiving Day,Christmas Eve,and Christmas Day(9). Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. 11 of 15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Holiday Codes Continued 15. G. New Year's Day,Washington's Birthday,Memorial Day, Independence Day,Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day,the last scheduled workday before Christmas,and Christmas Day(9). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. H. Holidays:New Year's Day,Martin Luther King Jr.Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays:New Year's Day,President's Day, Independence Day,Memorial Day,Labor Day,Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays:New Year's Day,Martin Luther King Jr.Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,the Friday and Saturday after Thanksgiving Day, and Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. M. Holidays:New Year's Day,Martin Luther King Jr.Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day and Christmas Day(9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. N. Holidays: New Year's Day, Memorial Day, Independence Day,Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Note Codes 8. D. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A& B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00,Level B: $0.75,Level C: $0.50,And Level D: $0.25. 12 of 15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Note Codes Continued 8. S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon,Montana, or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho. This classification is only effective on or after August 31,2012. U. Workers on hazmat projects receive additional hourly premiums as follows—Class A Suit: $2.00,Class B Suit: $1.50, And Class C Suit: $1.00.Workers performing underground work receive an additional$0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked.Workers who work suspended by a rope or cable receive an additional$0.50 per hour.The premium for work suspended shall be paid for the entire shift worked.Workers who do "pioneer" work(break open a cut,build road, etc.)more than one hundred fifty(150)feet above grade elevation receive an additional$0.50 per hour. V. hi addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more.Over 50'to 100'-$2.00 per foot for each foot over 50 feet.Over 101'to 150'-$3.00 per foot for each foot over 101 feet. Over 151'to 220'-$4.00 per foot for each foot over 220 feet. Over 22l'- $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels)where there is no vertical ascent and is measured by the distance travelled from the entrance.25' to 300'- $1.00 per foot from entrance. 300' to 600' -$1.50 per foot beginning at 300'. Over 600'- $2.00 per foot beginning at 600'. W. Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates would apply to meters not fitting this description. X. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit:$2.00,Class B Suit: $1.50,Class C Suit: $1.00,and Class D Suit: $0.50. Special Shift Premium: Basic hourly rate plus$2.00 per hour. When due to conditions beyond the control of the Employer or when an owner(not acting as the contractor),a government agency or the contract specifications requires that work can only be performed outside the normal 5 am to 6pm shift,then the special shift premium will be applied to the basic hourly rate.When an employee works on a special shift,they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status. (For example,the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Y. Tide Work:When employees are called out between the hours of 6:00 p.m and 6:00 a.m.to work on tide work (work located in the tide plane)all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging state or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents($0.75)per hour above the classification rate. 13 of 15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Note Codes Continued 8. Z. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. Special Shift Premium:Basic hourly rate plus$2.00 per hour.When due to conditions beyond the control of the Employer or when an owner(not acting as a contractor),a government agency or the contract specifications require that more than(4)hours of a special shift can only be performed outside the normal 6 am to 6pm shift,then the special shift premium will be applied to the basic straight time for the entire shift.When an employee works on a special shift,they will be paid a special shift premium for each hour worked unless they are in overtime or double- time status.(For example,the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) 9. A. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner(not acting as the contractor),a government agency or the contract specifications require that more than four(4)hours of a special shift can only be performed outside the normal 6 am to 6pm shift,then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in overtime or double- time status.(For example,the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Certified Crane Operator Premium: Crane operators requiring certifications shall be paid$0.50 per hour above their classification rate. Boom Pay Premium: All cranes including tower shall be paid as follows based on boom length: (A)— 130'to 199'—$0.50 per hour over their classification rate. (B)—200'to 299'—$0.80 per hour over their classification rate. (C)—300' and over—$1.00 per hour over their classification rate. B. The highest pressure registered on the gauge for an accumulated time of more than fifteen(15)minutes during the shift shall be used in determining the scale paid. Tide Work:When employees are called out between the hours of 6:00 p.m. and 6:00 a.m.to work on tide work(work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair:Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. C. Tide Work:When employees are called out between the hours of 6:00 p.m. and 6:00 a.m.to work on tide work(work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair:Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. D. Industrial Painter wages are required for painting within industrial facilities such as treatment plants,pipelines, towers,dams,bridges,power generation facilities and manufacturing facilities such as chemical plants,etc.,or anywhere abrasive blasting is necessary to prepare surfaces,or hazardous materials encapsulation is required. 14 of 15 Benefit Code Key—Effective 8/31/2023 thru 3/1/2024 Note Codes Continued 9. E. Heavy Construction includes construction,repair,alteration or additions to the production,fabrication or manufacturing portions of industrial or manufacturing plants,hydroelectric or nuclear power plants and atomic reactor construction.Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. F. Industrial Painter wages are required for painting within industrial facilities such as treatment plants,pipelines, towers,dams,power generation facilities and manufacturing facilities such as chemical plants,etc.,or anywhere abrasive blasting is necessary to prepare surfaces,or hazardous materials encapsulation is required. H. One(1)person crew shall consist of a Party Chief.(Total Station or similar one(1)person survey system). Two (2) person survey party shall consist of a least a Party Chief and a Chain Person.Three(3)person survey party shall consist of at least a Party Chief,an Instrument Person,and a Chain Person. 15 of 15