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CAG2024-183 - Original - Cimco-GC Systems, LLC - 2024 Cla-Val Maintenance Rebuild - 04/18/2024
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 Dustin Phelan Public Works Date Sent: Date Required: c 04/08/2024 4/15/2024 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 EINo Type: N/A Vendor Name: Category Cimco-GC Systems, LLC Contract Vendor Number: Sub-Category: Original 0 Project Name: 2024 Cla-Val Maintenance Rebuild cProject Details: The Contractor shall inspect, clean, rebuild and/or repair Nineteen (19) City owned valves. c a, Agreement Amountait.of 9,219.93 Basis for Selection of Contractor: Other i Start Date: Mayor's Signature Termination Date: December 31, 2024 Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchase-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:= F—]YesF,—/]No CAG2024-183 Comments: H i 3 f0 IM C C a1 3 L U a, a, cc Date Received:City Attorney: 4/8/24 Date Routed:Mayor's Office 4/16/24 City Clerk's Office 4/19/24 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 Cimco-GC Systems, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cimco-GC Systems, LLC organized under the laws of the State of Washington, located and doing business at 2310 Inter Avenue, Puyallup, WA 98372, Phone: (800) 525-9425, Contact: Beau Swet (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 inspect, clean, rebuild and/or repair Nineteen (19) City owned valves. For a description, see the Contractor's Scope of Work which is attached as Exhibit A 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 14 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 December 31, 2024. 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 Sixty Nine Thousand, Two Hundred Nineteen Dollars and Ninety Three Cents ($69,219.93), 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 MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. PUBLIC WORKS AGREEMENT - 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: Ctrv�c o — G�- SyS nns LLC By: - Print Name: &OA4- gwe;t" Print Name: Dana Ralph Its Sef'VICC— K0.na9C4'" Its Mayor DATE: 4C-%A toILi DATE: 04/18/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Beau Swet Chad Bieren. P.E. Cimco-GC Systems, LLC City of Kent 2310 Inter Avenue 220 Fourth Avenue South Puyallup, WA 98372 Kent, WA 98032 (800) 525-9425 (telephone) (253) 856-5500 (telephone) Beau@Cimco-GCSystems.com (email) PublicWorks@KentWA.gov (email) APPROVED AS TO FORM: L-- — Kent Law Department ATTEST: CX4� A�A Kent City Clerk P:\AdM1n\ContraCtS\Dan1 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: LLL Title: Ser yt c.` Kcuxa-9A-r- Date: c%\ 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 (March 22, 2024), 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. Cimco-GC Systems, LLC By- r_t., Signature of Authorized Official* Printed Name: &Avl SWc,.- Title: 3acy�Ce_ N ar%,J4 r Date: � City and State: Pt&4ca WQskin96(\ *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 r imco-G S Y S T E M S 2310 INTER AVE PUYALLUP, WA 98372 800-525-9425 March 22, 2024 City of Kent 220 4t" Avenue South Kent, WA 98032 Attn: Mr. Kevin Swinford Re: Proposal for 2024 Cla-Val Maintenance Rebuild and Upgrades Dear Mr. Swinford: According to our updated conversations and records provided, you have nineteen valves due to be rebuilt. I am attaching a list of the valves that this proposal covers. The cost for the rebuilding of these valves will be $59,813.00. Total includes all noted extra parts and pilot systems listed on the valve sheet. The rebuild consists of a full disassemble and cleaning of the main valve and pilot controls, the replacement of all rubber parts, the assembly, testing operation and putting the valve back in service while on-site. If any metal parts in the valves or pilot controls require replacement that are not already included in this proposal, (seat, stem, bearings/guides, ball valves or strainers etc.) they will be billed over and above this quoted price. If required, the city shall supply all equipment, additional personnel, and complete any documentation required to meet OSHA regulations for confined space entry as well as supplying any traffic revisions which may be necessary for work in public right-of-way. Please let me know if you have any questions or changes. Thank you, Kevin. Regards, geaa c&,t Service Manager Cimco-GC Systems, LLC CITY OF KENT 2024 VALVE REBUILD PUMP STATION NUMBER 5 SKIPPED 1N 2023 DUE TO BAD ISOLATION 1 - 8" 60G-11YB PUMP#1 Needs two diaphragm washers 6 MILLION TANK#1 SKIPPED 1N 2022 and 2023 DUE TO CONSTRUCTION 1 - 12" 136EG-75MODGCS(90-01 pilot on other side, Normally shut off) Needs complete new 12" 131-HCBCLPSYKX Electronic Control with Pressure Sensitive Closing pilot system,full stainless-steel tubing and fittings and pressure gauges. Needs complete internal stack up(stem,disc retainer,disc guide,diaphragm washer and stem nut)and seat. 1 - 2.5" 5OA-01 6 MILLION TANK#2 SKIPPED IN 2022 and 2023 DUE TO CONSTRUCTION 1 -12" 124G-16MODGCS Needs complete internal stack up(stem,disc retainer,disc guide,diaphragm washer and stem nut)and seat. Pilot system upgrade postponed. PUMP STATION#3 SKIPPED IN 2023 DUE TO BAD ISOLATION 1 - 6" 6OG-11YS PUMP#1 EAST HILL PUMP STATION SKIPPED 1N 2023 PER CITY REQUEST 1 - 6" 61 G-02 1 -10" 60G-11AB 1 - 4" 5OG-01 B 1 - 6" 50G-01B STETSON PRV STATION 1 - 2" 9OG-10AS 1 - 6" 9OG-01 AB 1 - 3" 50A-01 PAGE 2 HILLTOP PRV STATION 1 - 2" 90G-01 ABCS 1 - 8" 90G-01 ABCS 1 - 6" 90G-01ABCS 1 -2" 50G-01€3S CAMBRIDGE TANK 1 - 8" 210G-16AB The seat in bad shape and missing screws, possibly stripped holes?Will assess condition in 2024 rebuild and see if it new lower body or whole new valve is needed. PUMP STATION#7 1 - 3" 90A-01ABDS 1 - 3" 90A-01 ABDS Exhibit B Insurance Requirements Insurance 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. 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, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. 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. Client#: 73747 GCSYSTEM2 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 6/01/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Teressa Swiberg Propel Insurance PHONE g00 499-0933 FAX 866 577-1326 A/C No Ext: A/c,No 1201 Pacific Avenue; Suite 1000 E-MAIL ADDRESS: teressa.swiberg@propelinsurance.com p COM Middle Market INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402-4321 INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B: Cimco-GC Systems LLC INSURER C PO Box 848 INSURER D: Sumner,WA 98390-0150 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. LT R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY EPP0617445 6/01/2023 06/01/2024 EACH OCCURRENCE $1 000000 CLAIMS-MADE �OCCUR PREMISES ERENTED nce $500 000 X PD Ded:500 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X1 JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EBA0617445 6/01/2023 06/01/202 Ea aa SINGLE LIMIT cid.",) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EPP0617445 6/01/2023 06/01/2024 EACHOCCURRENCE s2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s2,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION EPP0617445 6/01/2023 06/01/202 PER OH- AND EMPLOYERS'LIABILITY TAT TE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA STOP GAP E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent and its officers, employees, and agents are is an Additional Insured when required by written contract or agreement per the attached form(s). Policies are modified by forms: GA 233 09 17, GA 472 09 18, GA 101 12 04,AA 288 01 16 CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 SO 4th Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 /AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5947248/M5946956 CLJ02 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................3 2. Unintentional Failure To Disclose Hazards.............................................................................9 3. Damage To Premises Rented To You......................................................................................9 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments................................................................................................................... 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 10 7. Waiver Of Subrogation........................................................................................................... 11 8. Automatic Additional Insured - Specified Relationships: .................................................. 11 • Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises; and • Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment......................................................................... 14 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services ................................................................................................................................... 15 11. Broadened Notice Of Occurrence......................................................................................... 15 12. Nonowned Aircraft.................................................................................................................. 15 13. Bodily Injury Redefined.......................................................................................................... 15 14. Expected Or Intended Injury Redefined ............................................................................... 15 15. Former Employees As Insureds............................................................................................ 15 16. Voluntary Property Damage Coverage And Care, Custody Or Control Liability Coverage.................................................................................................................................. 16 17. Broadened Contractual Liability-Work Within 50' Of Railroad Property......................... 17 18. Alienated Premises................................................................................................................. 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 1 of 17 b. Loss Of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody Or Control Liability Coverage (Coverage b.) Limits Of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount(Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody Or Control $ TOTAL ANNUAL PREMIUM Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 2 of 17 C. Coverages this endorsement pro- vided: 1. Employee Benefit Liability Coverage a. The following is added to Section I - a) You did not have knowledge of a Coverages: claim or"suit"on or Employee Benefit Liability Cover- before the "first ef- age fective date" of this endorsement. (1) Insuring Agreement You will be (a) We will pay those sums that deemed to have the insured becomes legally knowledge of a obligated to pay as damag- claim or "suit" es caused by any act, error when any "author- or omission of the insured, ized representa- or of any other person for tive"; whose acts the insured is legally liable, to which this i) Reports all, or insurance applies. We will any part, of the have the right and duty to act, error or defend the insured against omission to us any "suit" seeking those or any other damages. However, we will insurer; have no duty to defend ii) Receives a against any "suit" seeking written or ver- damages to which this in- bal demand or surance does not apply. We claim for dam- may, at our discretion, in- ages because vestigate any report of an of the act, Br- act, error or omission and ror or omis- settle any claim or "suit" that may result. But: sion; and 1) The amount we will pay b) There is no other for damages is limited applicable insur- ance. as described in Section III - Limits Of Insur- (2) Exclusions ance; and This insurance does not apply to: 2) Our right and duty to defend ends when we (a) Bodily Injury, Property have used up the appli- Damage Or Personal And cable limit of insurance Advertising Injury in the payment of judg- 'Bodily injury", "property ments or settlements. damage" or "personal and No other obligation or liabil- advertising injury". ity to pay sums or perform acts or services is covered (b) Dishonest, Fraudulent, Criminal Or Malicious Act unless explicitly provided for under Supplementary Damages arising out of any Payments. intentional, dishonest, fraudulent, criminal or mali- (b) This insurance applies to cious act, error or omission, damages only if the act, er- committed by any insured, ror or omission, is negligent- including the willful or reck- ly committed in the "admin- less violation of any statute. istration" of your "employee benefit program"; and (c) Failure To Perform A Con- 1) Occurs during the policy tract period; or Damages arising out of fail- 2) Occurred prior to the ure of performance of con- "first effective date" of tract by any insurer. Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 3 of 17 (d) Insufficiency Of Funds (i) Taxes, Fines Or Penalties Damages arising out of an Taxes, fines or penalties, in- insufficiency of funds to cluding those imposed un- meet any obligations under der the Internal Revenue any plan included in the Code or any similar state or "employee benefit program". local law. (e) Inadequacy Of Perfor- (j) Employment-Related Prac- mance Of Invest- tices ment/Advice Given With Respect To Participation Any liability arising out of any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- ment to perform; (2) Termination of employ- ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign- vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ- that person's decision to ment- related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as a result of (1), (2) or (3) above. (f) Workers' Compensation And Similar Laws This exclusion applies whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in- disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup- Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A And B also apply to this ability imposed on a fiduci- Coverage. ary by the Employee Re- tirement Income Security b. Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lia- hereafter amended, or by bility Coverage, Section II - Who Is any similar federal, state or An Insured is replaced by the follow- local laws. ing: (h) Available Benefits (1) If you are designated in the Dec- Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on- effort and cooperation of the ly with respect to the con- insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 4 of 17 ners, and their spouses are zation. However, coverage under also insureds but only with this provision: respect to the conduct of your business. (a) Is afforded only until the 180th day after you acquire (c) A limited liability company, or form the organization or you are an insured. Your the end of the policy period, members are also insureds, whichever is earlier; and but only with respect to the conduct of your business. (b) Does not apply to any act, Your managers are in- error or omission that was sureds, but only with respect committed before you ac- to their duties as your man- quired or formed the organi- agers. zation. (d) An organization other than a c. Limits Of Insurance partnership, joint venture or As respects Employee Benefit Lia- limited liability company, you bility Coverage, Section III - Limits are an insured. Your "execu- Of Insurance is replaced by the fol- tive officers" and directors lowing: are insureds, but only with respect to their duties as (1) The Limits of Insurance shown in your officers or directors. Section B. Limits Of Insurance, Your stockholders are also 1. Employee Benefit Liability insureds, but only with re- Coverage and the rules below fix spect to their liability as the most we will pay regardless stockholders. of the number of: (e) A trust, you are an insured. (a) Insureds; Your trustees are also in- sureds, but only with respect (b) Claims made or "suits" to their duties as trustees. brought; (2) Each of the following is also an (c) Persons or organizations insured: making claims or bringing "suits"; (a) Each of your "employees" who is or was authorized to (d) Acts, errors or omissions; or administer your "employee (e) Benefits included in your benefit program"; "employee benefit program". (b) Any persons, organizations (2) The Aggregate Limit shown in or "employees" having prop- Section B. Limits Of Insurance, er temporary authorization 1. Employee Benefit Liability to administer your employ- Coverage of this endorsement is ee benefit program if you the most we will pay for all dam- die, but only until your legal ages because of acts, errors or representative is appointed; omissions negligently committed or in the "administration" of your (c) Your legal representative if "employee benefit program". you die, but only with re- (3) Subject to the limit described in spect to duties as such. That (2) above, the Each Employee representative will have all Limit shown in Section B. Limits your rights and duties under Of Insurance, 1. Employee this Coverage Part. Benefit Liability Coverage of (3) Any organization you newly ac- this endorsement is the most we quire or form, other than a part- will pay for all damages sus- nership, joint venture or limited tained by any one "employee", liability company, and over which including damages sustained by you maintain ownership or major- such "employee's" dependents ity interest, will qualify as a and beneficiaries, as a result of: Named Insured if no other similar (a) An act, error or omission; or insurance applies to that organi- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 5 of 17 (b) A series of related acts, er- tification of the action taken, rors or omissions, regard- you shall promptly reim- less of the amount of time burse us for such part of the that lapses between such Deductible Amount as we acts, errors or omissions; have paid. negligently committed in the d. Additional Conditions "administration" of your "employ- As respects Employee Benefit Lia- ee benefit program". bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties In The Event Of to the payment of benefits in any Occurrence, Offense, Claim Or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties In The Event Of An (4) Deductible Amount Act, Error Or Omission, Or Claim Or Suit (a) Our obligation to pay dam- ages on behalf of the in- a. You must see to it that sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Decla- may result in a claim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or suit is brought against (c) The terms of this insurance, any insured, you must: including those with respect to: (1) Immediately record the specifics of the 1) Our right and duty to claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon 2) Your duties, and the du- as practicable. ties of any other in- You must see to it that volved insured, in the we receive written no- event of an act, error or tice of the claim or"suit" omission, or claim; as soon as practicable. apply irrespective of the ap- c. You and any other in- plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le- claim or "suit" and, upon no- gal papers re- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 6 of 17 ceived in connec- tion by equal shares, tion with the claim we will follow this meth- or"suit"; od also. Under this ap- (2) Authorize us to ob- proach each insurer t contributes equal ain records and other information; amounts until it has paid its applicable limit (3) Cooperate with us of insurance or none of in the investigation the loss remains, or settlement of the whichever comes first. claim or defense If any of the other in- against the "suit"; surance does not permit and contribution by equal (4) Assist us, upon our shares, we will contrib- request, in the en- ute by limits. Under this forcement of any method, each insurer's right against any share is based on the person or organi- ratio of its applicable zation which may limit of insurance to the be liable to the in- total applicable limits of sured because of insurance of all insur- an act, error or ers. omission to which c. No Coverage this insurance may also apply. This insurance shall not cover any loss for which d. No insured will, except the insured is entitled to at that insured's own recovery under any cost, voluntarily make a other insurance in force payment, assume any previous to the effective obligation, or incur any date of this Coverage expense without our Part consent. (2) Item S. Other Insurance is re- e. Additional Definitions placed by the following: As respects Employee Benefit Lia- bility Coverage, Section V - Defini- tions is amended as follows: If other valid and collectible (1) The following definitions are insurance is available to the added: insured for a loss we cover under this Coverage Part, 1. "Administration" means: our obligations are limited as follows: a. Providing information to "employees", including a. Primary Insurance their dependents and beneficiaries, with re- This insurance is prima- ry except when c. below s to eligibility for or scope of employee applies. If this insurance benefit programs"; is primary, our obliga- tions are not affected b. Interpreting the "em- unless any of the other ployee benefit pro- insurance is also prima- grams"; ry. Then, we will share with all that other insur- c. Handling records in ance by the method de- connection with the scribed in b. below. "employee benefit pro- grams"; or b. Method Of Sharing d. Effecting, continuing or If all of the other insur- terminating any "em- ance permits contribu- ployee's" participation in Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 7 of 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- However, "administration" pensation and disability benefits; and does not include: a. Handling payroll deduc- d. Vacation plans, includ- ing buy and sell pro- tions; or grams; leave of ab- b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security 4, "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover- plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de- to elect to pay for certain leted in their entirety and re- benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- 8, "Employee" means a person grams means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo- a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed- insurance; dental, vision ing in which money damag- and hearing plans; and es because of an act, error flexible spending ac- or omission to which this in- counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed- such benefits are made ing in which such dam- generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro- plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in- subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro- benefits and such bene- ceeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 8 of 17 2. Unintentional Failure To Disclose Haz- 2) Rust or other cor- ards rosion, decay, de- Section IV- Commercial General Liabil- or laation, hidden it Conditions, 7. Representations is a latent defect n y p any quality in amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break- this Coverage Part based solely on such down, including failure. rupture or bursting a To Premises Rented To You caused e; centrif- 3. Damage ugal force; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A- Bod- shrinking or ex- ily Injury And Property Damage Li- pansion; ability is replaced by the following: Exclusions c. through q. do not apply 6) Nesting or char e to "property damage" by fire, explo- or r a discharge sion, lightning, smoke or soot to or release of waste products or secre- premises while rented to you or tem- tions, by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage To Premises Rented To 7) Presence, growth, You Limit as described in Section III proliferation, - Limits Of Insurance. spread or any ac- tivityb. The insurance provided under Sec- cui of fungus, in- b. I - Coverage A - Bodily Injury mildew, mold or 9 Y 1 ry mildew, and any And Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro- both rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A- Bodily Injury And (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than i. War any other earth move- and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (i i) Water that backs up or added: overflows or is other- wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (i) Assumed in any con- tract or agreement; or (iii) Water under the ground surface pressing on, or (i i) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, you with permission of whether paved or the owner; not; or b. In the case of damage 3) Doors, windows or by fire, explosion, light- other openings. ning, smoke or soot, (c) "Property damage" caused while rented to you; or by or resulting from water c. In the case of damage that leaks or flows from by water, while rented plumbing, heating, air condi- to and occupied by you. tioning, fire protection sys- tems, or other equipment, (2) The most we will pay is limited as caused by or resulting from described in Section B. Limits freezing, unless: Of Insurance, 3. Damage To Premises Rented To You of this (i) You did your best to endorsement. maintain heat in the building or structure; or 4. Supplementary Payments (i i) You drained the equip- Under Section I - Supplementary Pay- ment and shut off the ments - Coverages A And B: water supply if the heat a. Paragraph 2. is replaced by the fol- was not maintained. lowing: (d) "Property damage" to: Up to the limit shown in Section B. (i) Plumbing, heating, air Limits Of Insurance, 4.a. Bail Bonds conditioning, fire protec- of this endorsement for cost of bail tion systems, or other bonds required because of accidents equipment or applianc- or traffic law violations arising out of es; or the use of any vehicle to which the Bodily Injury Liability Coverage ap- (ii) The interior of any plies. We do not have to furnish these building or structure, or bonds. to personal property in the building or structure, b. Paragraph 4. is replaced by the fol- caused by or resulting lowing: from rain, snow, sleet or All reasonable expenses incurred by ice, whether driven by the insured at our request to assist us wind or not. in the investigation or defense of the c. Limit Of Insurance claim or "suit', including actual loss of earnings up to the limit shown in Sec- With respect to the insurance afford- tion B. Limits Of Insurance, 4.b. ed in Paragraphs 3.a. and 3.b. above, Loss Of Earnings of this endorsement the Damage To Premises Rented per day because of time off from To You Limit as shown in the Decla- work. rations is amended as follows: S. Medical Payments (1) Paragraph 6. of Section III - Limits Of Insurance is replaced The Medical Expense Limit of Any One by the following: Person as stated in the Declarations is amended to the limit shown in Section B. 6. Subject to Paragraph 5. Limits Of Insurance, 5. Medical Pay- above, the Damage To ments of this endorsement. Premises Rented To You Limit is the most we will pay 6. 180 Day Coverage For Newly Formed under Coverage A - Bodily Or Acquired Organizations Injury And Property Dam- Section II - Who Is An Insured is age Liability for damages amended as follows: because of "property dam- age"to any one premises: Subparagraph a. of Paragraph 3. is re- a. While rented to you, or placed by the following: temporarily occupied by a. Insurance under this provision is af- forded only until the 180th day after Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 10 of 17 you acquire or form the organization use of that part of the prem- or the end of the policy period, ises leased to you, subject whichever is earlier; to the following additional exclusions: 7. Waiver Of Subrogation This insurance does not ap- Section IV- Commercial General Liabil- ply to: ity Conditions, 9. Transfer Of Rights Of Recovery Against Others To Us is (i) Any 'occurrence" which amended by the addition of the following: takes place after you We waive any right of recovery we may cease to a tenant in have against any person or organization that premisses; against whom you have agreed to waive (ii) Structural alterations, such right of recovery in a written contract new construction or or agreement because of payments we demolition operations make for injury or damage arising out of performed by or on be- your ongoing operations or "your work" half of such additional done under a written contract or agree- insured. ment with that person or organization and included in the "products-completed oper- (b) Lessor Of Leased Equip- ations hazard". However, our rights may ment only be waived prior to the 'occurrence" Any person or organization giving rise to the injury or damage for from whom you lease which we make payment under this Cov- equipment when you and erage Part. The insured must do nothing such person(s) or organiza- after a loss to impair our rights. At our re- tion(s) have agreed per Par- quest, the insured will bring "suit" or trans- agraph 8.a.(1) of this en- fer those rights to us and help us enforce dorsement to provide insur- those rights. ance. Such person(s) or or- 8. Automatic Additional Insured - Speci- ganization(s) are insureds fied Relationships only with respect to liability for "bodily injury", "property a. The following is added to Section II - damage" or "personal and Who Is An Insured: advertising injury" caused, in (1) Any person(s) or organization(s) whole or in part, your described in Paragraph 8.a.(2) of maintenance, operation or this endorsement (hereinafter re- use of equipment leased r- ferred to as additional insured) ganyou by such person(s) or or- whom you are required to add as organs anon' s peroo s n an additional insured under this organizations status as an C additional insured under this Coverage Part by reason of a endorsement ends when written contract, written agree- their contract or agreement ment, written permit or written with you for such leased authorization. equipment ends. However, (2) Only the following persons or or- this insurance does not ap- ganizations are additional in- ply to any 'occurrence" sureds under this endorsement, which takes place after the and insurance coverage provided equipment lease expires. to such additional insureds is lim- (c) Vendors ited as provided herein: Any person or organization (a) Managers Or Lessors Of (referred to below as ven- Premises dor) with whom you have The manager or lessor of a agreed per Paragraph premises leased to you with 8.a.(1) of this endorsement whom you have agreed per to provide insurance, but on- Paragraph 8.a.(1) of this en- ly with respect to "bodily in- dorsement to provide insur- jury" or "property damage" ance, but only with respect arising out of"your products" to liability arising out of the which are distributed or sold ownership, maintenance or in the regular course of the Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 11 of 17 vendor's business, subject or repair opera- to the following additional tions, except such exclusions: operations per- (i) The insurance afforded formed at the ven- the vendor does not dor's premises in apply to: connection with the sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub- agreement. This stance by or for the exclusion does not vendor; or apply to liability for damages that the 8) "Bodily injury" or vendor would have "property damage" in the absence of arising out of the the contract or sole negligence of agreement; the vendor for its own acts or omis- 2) Any express war- sions or those of ranty unauthorized its employees or by you; anyone else acting 3) Any physical or on its behalf. How- chemical change in ever, this exclusion the product made does not apply to: intentionally by the a) The excep- vendor; tions contained 4) Repackaging, ex- in Paragraphs cept when un- (c) (i) 4) or 6) packed solely for of this en- the purpose of in- dorsement; or spection, demon- stration, testing, or b) Such inspec- the substitution of me adjust- at parts under in- ments, tests or servicing as structions from the the vendor has manufacturer, and then repackaged in agreed to n final con- make or nor- the original mally under- tainer; takes to make 5) Any failure to make in the usual such inspections, course of adjustments, tests business, in or servicing as the connection vendor has agreed with the distri- to make or normal- bution or sale ly undertakes to of the prod- make in the usual ucts. course of busi- This insurance does not ness, in connection apply to any insured with the distribution person or organization: or sale of the products; 1) From whom you have acquired 6) Demonstration, in- such products, or stallation, servicing any ingredient, part Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 12 of 17 or container, enter- (e) Mortgagee, Assignee Or ing into, accompa- Receiver nying or containing such products; or Any person or organization with whom you have agreed 2) When liability in- per Paragraph 8.a.(1) of this cluded within the endorsement to provide in- "products- surance, but only with re- completed opera- spect to their liability as tions hazard" has mortgagee, assignee, or re- been excluded un- ceiver and arising out of the der this Coverage ownership, maintenance, or Part with respect to use of the premises by you. such products. However, this insurance does not apply to structural (d) State Or Governmental alterations, new construction Agency Or Subdivision Or and demolition operations Political Subdivision - performed by or for that per- Permits Or Authorizations son or organization. Relating To Premises (3) The insurance afforded to addi- Any state or governmental tional insureds described in Par- agency or subdivision or po- agraph 8.a.(1) of this endorse- litical subdivision with which ment: you have agreed per Para- graph 8.a.(1) of this en- (a) Only applies to the extent dorsement to provide insu- permitted by law; and ance, subject to the follow- ing additional provision: (b) Will not be broader than that which you are required by This insurance applies only the written contract, written with respect to the following agreement, written permit or hazards for which the state written authorization to pro- or governmental agency or vide for such additional in- subdivision or political sub- sured; and division has issued a permit or authorization in connec- (c) Does not apply to any per- tion with premises you own, son, organization, vendor, rent or control and to which state, governmental agency this insurance applies: or subdivision or political subdivision, specifically (i) The existence, mainte- named as an additional in- nance, repair, construc- sured under any other provi- tion, erection or removal sion of, or endorsement of advertising signs, added to, this Coverage awnings, canopies, cel- Part, provided such other lar entrances, coal provision or endorsement holes, driveways, man- covers the injury or damage holes, marquees, hoist for which this insurance ap- away openings, side- plies. walk vaults, street ban- ners or decorations and b. With respect to the insurance afford- similar exposures; or ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this (ii) The construction, erec- endorsement, the following is added tion or removal of eleva- to Section III - Limits Of Insurance: tors; or The most we will pay on behalf of the (iii) The ownership, mainte- additional insured is the amount of in- nance or use of any el- surance: evators covered by this insurance. (1) Required by the written contract, written agreement, written permit or written authorization described Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 13 of 17 in Paragraph 8.a.(1) of this en- tion I - Coverage A - Bodily Injury dorsement; or And Property Damage Liability: (2) Available under the applicable Paragraphs (3) and (4) of this exclu- Limits of Insurance shown in the sion do not apply to tools or equip- Declarations; ment loaned to you, provided they are whichever is less. not being used to perform operations at the time of loss. This endorsement shall not increase b. With respect to the insurance provid- the applicable Limits of Insurance ed by this section of the endorse- shown in the Declarations. ment, the following additional provi- c. Section IV - Commercial General sions apply: Liability Conditions is amended to (1) The Limits of Insurance shown in include the following: the Declarations are replaced by Automatic Additional Insured Pro- the limits designated in Section vision B. Limits Of Insurance, 9. Property Damage To Borrowed This insurance applies only if the Equipment of this endorsement "bodily injury" or "property damage" with respect to coverage provid- occurs, or the "personal and advertis- ed by this endorsement. These ing injury" offense is committed: limits are inclusive of and not in (1) During the policy period; and addition to the limits being re- placed. The Limits of Insurance (2) Subsequent to your execution of shown in Section B. Limits Of the written contract or written Insurance, 9. Property Damage agreement, or the issuance of a To Borrowed Equipment of this written permit or written authori- endorsement fix the most we will zation, described in Paragraph pay in any one 'occurrence" re- 8.a.(1). gardless of the number of: d. Section IV - Commercial General (a) Insureds; Liability Conditions is amended as (b) Claims made or "suits" follows: brought; or Condition S. Other insurance is (c) Persons or organizations amended to include: making claims or bringing Primary And Noncontributory In- "suits". surance (2) Deductible Clause This insurance is primary to and will (a) Our obligation to pay dam- not seek contribution from any other ages on your behalf applies insurance available to an additional only to the amount of dam- insured per Paragraph 8.a.(1) of this ages for each 'occurrence" endorsement provided that: which are in excess of the (1) The additional insured is a Deductible Amount stated in Named Insured under such other Section B. Limits Of Insur- insurance; and ance, 9. Property Damage To Borrowed Equipment of (2) You have agreed in writing in a this endorsement. The limits contract, agreement, permit or of insurance will not be re- authorization described in 8.a.(2) duced by the application of of this endorsement that this in- such deductible amount. surance would be primary and would not seek contribution from (b) Section IV - Commercial any other insurance available to General Liability Condi- the additional insured. tions, 2. Duties In The Event Of Occurrence, Of- 9. Property Damage To Borrowed Equip- fense, Claim Or Suit, ap- ment plies to each claim or "suit" a. The following is added to Exclusion irrespective of the amount. 2.j. Damage To Property under Sec- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 14 of 17 (c) We may pay any part or all 12. Nonowned Aircraft of the deductible amount to The followingis added to Exclusion 2. g. effect settlement of any Aircraft, Auto Or Watercraft under Sec claim or "suit" and, upon no- - tification of the action taken, tion I - Coverage A - Bodily Injury And you shall promptly reim- Property Damage Liability: burse us for such part of the This exclusion does not apply to an air- deductible amount as has craft you do not own, provided that: been paid by us. 10. Employees As Insureds - Specified a. The pilot in command holds a current p effective certificate, issued by a duly Health Care Services And Good Samar- constituted authority of the United itan Services States of America or Canada, desig- Paragraph 2.a.(1)(d) under Section II - ncting that person as a commercial or Who Is An Insured does not apply to: airline transport pilot; a. Your "employees" who provide pro- b. The aircraft is rented with a trained, fessional health care services on your paid crew; and behalf as a duly licensed nurse, c. The aircraft does not transport per- emergency medical technician or sons or cargo for a charge. paramedic in the jurisdiction where an "occurrence" or offense to which this 13. Bodily Injury Redefined insurance applies takes place; or Section V - Definitions, 4. "Bodily injury" b. Your "employees" or "volunteer work- is replaced by the following: ers", other than an employed or vol- unteer doctor, providing first aid or 4. "Bodily injury" means bodily harm or good samaritan services during their injury, sickness, disease, disability, work hours for you will be deemed to humiliation, shock, fright, mental an- be acting within the scope of their guish or mental injury, including care, employment by you or performing du- loss of services or death resulting ties related to the conduct of your from any of these at any time. business. 14. Expected Or Intended Injury Redefined 11. Broadened Notice Of Occurrence The last sentence of Exclusion 2.a. Ex- Paragraph a. of Condition 2. Duties In pected Or Intended Injury under Sec- The Event Of Occurrence, Offense, tion I - Coverage A - Bodily Injury And Claim Or Suit under Section IV - Com- Property Damage Liability is replaced by mercial General Liability Conditions is the following: replaced by the following: This exclusion does not apply to "bodily a. You must see to it that we are notified injury" or"property damage" resulting from as soon as practicable of an "occur- the use of reasonable force to protect per- rence" or an offense which may result sons or property. in a claim. To the extent possible, no- 15. Former Employees As Insureds tice should include: The following is added to Paragraph 2. (1) How, when and where the "oc- under Section II -Who Is An Insured: currence" or offense took place; (2) The names and addresses of 2. Each of the following is also an in- any injured persons and wit- sured: nesses; and Any of your former "employees", di- rectors, managers, members, part- (3) The nature and location of any ners or "executive officers", including injury or damage arising out of but not limited to retired, disabled or the "occurrence" or offense. those on leave of absence, but only This requirement applies only when for acts within the scope of their em- the "occurrence" or offense is known ployment by you or for duties related to an "authorized representative". to the conduct of your business. Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage (2) Exclusions a. Coverage D - Voluntary Property This insurance does not apply to Damage Coverage "property damage" that would be Section I - Coverages is amended to excluded by Coverage A- Bodi- include the following: ly Injury And Property Damage Liability, 2. Exclusions, except (1) Insuring Agreement for j. Damage To Property, par- agraphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage To Your Product, and pair or replace "property I. Damage To Your Work. damage" to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary when: Property Damage Coverage 1) Damage is caused by only, the following definitions un- you; or der Section V - Definitions are replaced by the following: 2) Damage occurs while in your possession. 16. "Occurrence" means an in- cident, including continuous At your written request, we or repeated exposure to will make this payment re- substantially the same gen- gardless of whether you are eral harmful conditions that at fault for the "property result in "property damage". damage". 20. "Property damage" means If you, at our request, re- physical injury to tangible place, or make any repairs property. "Electronic data" is to, damaged property of not tangible property, and others, the amount we will "property damage" does not pay under Voluntary Prop- include disappearance, ab- erty Damage Coverage will straction or theft. be determined by your actu- al cost to replace or repair b. Care, Custody Or Control Liability the damaged property, ex- Coverage cluding any profit or over- For purposes of the coverage provid- head. ed by Care, Custody Or Control Li- Any payment we make un- ability Coverage in this endorsement der Voluntary Property only: Damage Coverage shall not (1) Section I - Coverage A - Bodily be interpreted as an admis- Injury And Property Damage sion of liability by you or by Liability, 2. Exclusions, j. us. Damage To Property, Subpara- It shall be your duty, not our graphs (3), (4) and (5) do not ap- duty, to defend any claim or ply to "property damage" to the "suit" to which this insurance property of others described applies. therein. No other obligation or liabil- (2) It shall be your duty, not our duty, ity to pay sums or perform to defend any claim or "suit" to acts or services is covered. which this insurance applies. (b) This insurance applies to No other obligation or liability to "property damage" only if: pay sums or perform acts or ser- vices is covered. 1) The "property damage" takes place in the "cov- This Paragraph (2) supersedes erage territory"; and any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Custody Or Control Lia- bility Coverage provides cover- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 16 of 17 age shall be deemed to be (3) The Voluntary Property Dam- caused by an "occurrence" but age Coverage, Aggregate Limit shall not serve to limit or restrict Of Insurance is the most we will the applicability of any exclusion pay for the sum of all damages for "property damage" under this under Voluntary Property Coverage Part. Damage Coverage. This limit applies separately to each "cov- c. Limits Of Insurance And Deducti- erage term". bles For purposes of the coverage provid- (4) Deductible Clause ed by Voluntary Property Damage (a) Our obligation to pay dam- Coverage and Care, Custody Or ages on your behalf applies Control Liability Coverage, Section only to the amount of dam- III - Limits Of Insurance is amended ages for each "occurrence" to include the following: which are in excess of the Deductible Amount stated (1) The Limits of Insurance shown in for the applicable coverage the Declarations are replaced by in the Schedule. The limits the limits designated in Section of insurance will not be re- B. Limits Of Insurance, 16. duced by the application of Voluntary Property Damage such Deductible Amount. Coverage And Care, Custody Or Control Liability Coverage, (b) Section IV - Commercial in this endorsement. These limits General Liability Condi- are inclusive of, and not in addi- tions, 2. Duties In The tion to, the limits being replaced. Event Of Occurrence, Of- The Limits of Insurance shown in fense, Claim Or Suit, ap- the Schedule fix the most we will plies to each claim or "suit" pay regardless of the number of: irrespective of the amount. (a) Insureds; (c) We may pay any part or all of the Deductible Amount to (b) Claims made or "suits" effect settlement of any brought; or claim or "suit" and, upon no- (c) Persons or organizations tification of the action taken, making claims or bringing you shall promptly reim- "suits". burse us for such part of the Deductible Amount as has (2) (a) Subject to (3) below, the been paid by us. Voluntary Property Dam- age Coverage, Each Occur- 17. Broadened Contractual Liability - Work rence Limit Of Insurance is Within 50' Of Railroad Property the most we will pay for the Section V- Definitions, 12. "Insured con- sum of damages under Vol- tract" is amended as follows: untary Property Damage Coverage; a. Paragraph c. is replaced by the fol- (b) The Care, Custody Or Con- lowing: trol Liability Coverage, c. Any easement or license agree- Each Occurrence Limit Of ment; Insurance is the most we will pay for the sum of damages b. Paragraph f.(1) is deleted in its entire- under Care, Custody Or ty. Control Liability Coverage; 18. Alienated Premises because of all "property damage" Exclusion 2 j. Damage to Property, arising out of any one occur- Paragraph (2) under Section I - Cover- rence". age A - Bodily Injury And Property Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 17 of 17 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for"bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury', "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury"or"proper- ations hazard" for a specified length ty damage"occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to for or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury' or "property damage" tional insured coverage to that person or caused, in whole or in part, by 'your organization: work" performed under that written contract or written agreement and in a. Arising out of your ongoing opera- tions or arising out of'your work'; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of 'your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury', "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of. ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury' or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury', "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A.and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: 2. Will not be broader than that which you a. The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or 3. Does not apply to any person, organiza- b. Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment,training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B., the following is added to Section III erty damage", or the offense which -Limits Of Insurance: caused the"personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. B. Additional Insured -State Or Governmental and B.; or Agency Or Subdivision Or Political Subdi- 2. Available under the applicable Limits of vision - Automatic Status When Required Insurance shown in the Declarations; In Written Permits Or Authorizations whichever is less. 1. Section II - Who Is An Insured is amended to include as an additional in- This endorsement shall not increase the appli- sured any state or governmental agency cable Limits of Insurance shown in the Decla- or subdivision or political subdivision you rations. have agreed in writing in a contract, E. Section IV - Commercial General Liability agreement, permit or authorization to add Conditions is amended to add the following: as an additional insured on this Coverage Part. Such state or governmental agency Automatic Additional Insured Provision or subdivision or political subdivision is an additional insured only with respect to op- This insurance applies only if the "bodily inju- erations performed by you or on your be- ry" or "property damage" occurs, or the "per- half for which the state or governmental sonal and advertising injury' offense is com- agency or subdivision or political subdivi- mitted: sion issued, in writing, a contract, agree- 1. During the policy period; and ment, permit or authorization. Includes copyrighted material of Insurance GA 472 0918 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- As used in this endorsement, wrap-up insur- ten contract or written agreement, or the ance means any insurance provided by a con- issuance of a written permit or written au- solidated (wrap-up) insurance program. thorization, described in Paragraphs A. primary And NoncontributoryInsurance and B. When Required By Written Contract, F. Except when G.below applies, the following is Agreement, Permit Or Authorization added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, Except when wrap-up insurance applies to the and supersedes any provision to the contrary: claim or suit on behalf of the additional in- sured, this insurance is primary to and will not When Other Additional Insured Coverage seek contribution from any other insurance Applies On An Excess Basis available to the additional insured described in This insurance is primary to other insurance Paragraphs A.and B.provided that: available to the additional insured described in 1. The additional insured is a Named In- Paragraphs A.and B.except: sured under such other insurance; and 1. As otherwise provided in Section IV - 2. You have agreed in writing in a contract, Commercial General Liability Condi- agreement, permit or authorization de- tions, 5. Other Insurance, b. Excess In- scribed in Paragraph A. or B.that this in- surance; or surance would be primary and would not 2. For any other valid and collectible insur- seek contribution from any other insur- ance available to the additional insured. ance available to the additional insured as an additional insured by attachment of an As used in this endorsement, wrap-up insur- endorsement to another insurance policy ance means any insurance provided by a con- that is written on an excess basis. In such solidated (wrap-up) insurance program. case, this insurance is also excess. H. Section IV - Commercial General Liability G. The following is added to Section IV - Com- Conditions, 9. Transfer Of Rights Of Re- mercial General Liability Conditions, 5. covery Against Others To Us is amended by Other Insurance, and supersedes any provi- the addition of the following: sion to the contrary: We waive any right of recovery we may have Primary Insurance When Required By Writ- against any additional insured under this en- ten Contract, Agreement, Permit Or Au- dorsement against whom you have agreed to thorization waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization wrap-up insurance applies to the ten authorization because of payments we claim or "suit' on behalf of the additional in- make for injury or damage arising out of your sured, this insurance is primary to any other ongoing operations or'your work" done under insurance available to the additional insured a written contract, written agreement, written described in Paragraphs A. and B. provided permit or written authorization. However, our that: rights may only be waived prior to the "occur- I. The additional insured is a Named In- rence" giving rise to the injury or damage for sured under such other insurance; and which we make payment under this Coverage Part. The insured must do nothing after a loss 2. You have agreed in writing in a contract, to impair our rights. At our request,the insured agreement, permit or authorization de- will bring "suit' or transfer those rights to us scribed in Paragraph A. or B.that this in- and help us enforce those rights. surance would be primary to any other in- surance available to the additional in- sured. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COV- this insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is and is not covered. b. This insurance applies to "bodily injury" and "property damage" only if: Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in (1) The "bodily injury" or "property dam- the Declarations, and any other person or organi- age" is caused by an "occurrence" zation qualifying as a Named Insured under this that takes place in the "coverage ter- Coverage Part. The words "we", "us" and "our" ritory"; refer to the Company providing this insurance. (2) The "bodily injury" or "property dam- The word "insured" means any person or organi- age" occurs during the policy period; zation qualifying as such under SECTION II-WHO and IS AN INSURED. (3) Prior to the "coverage term" in which Other words and phrases that appear in quotation "bodily injury" or "property damage" marks have special meaning. Refer to SECTION occurs, you did not know, per Para- V-DEFINITIONS. graph i.d. below, that the "bodily in- jury" or "property damage" had oc- SECTION I-COVERAGES curred or had begun to occur, in COVERAGE A. BODILY INJURY AND PROP- whole or in part. ERTY DAMAGE LIABILITY c. "Bodily injury" or "property damage" which: 1. Insuring Agreement (1) Occurs during the "coverage term"; a. We will pay those sums that the insured and becomes legally obligated to pay as damages because of "bodily injury" or (2) Was not, prior to the "coverage "property damage" to which this insur- term", known by you, per Paragraph ance applies. We will have the right and 1.d. below, to have occurred; duty to defend the insured against any includes an continuation, change or re- suit seeking those damages. However, y g we will have no duty to defend the in- sumption of that "bodily injury" or "prop- sured against any "suit" seeking dam- erty damage" after the end of the "cover- ages for "bodily injury" or "property dam- age term" in which it first became known age" to which this insurance does not by you. apply. We may, at our discretion, investi- d. You will be deemed to know that "bodily gate any occurrence and settle any injury" or "property damage" has oc- claim or suit that may result. But: curred at the earliest time when any (1) The amount we will pay for damages "authorized representative": is limited as described in SECTION (1) Reports all, or any part, of the "bodily III -LIMITS OF INSURANCE; and injury" or "property damage" to us or (2) Our right and duty to defend ends any other insurer; when we have used up the applica- (2) Receives a written or verbal demand ble limit of insurance in the payment or claim for damages because of the of judgments or settlements under "bodily injury" or "property damage"; SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND (3) First observes, or reasonably should PROPERTY DAMAGE LIABILITY; have first observed, the "bodily in- SECTION I - COVERAGES, COV- jury" or "property damage"; ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or (4) Becomes aware, or reasonably medical expenses under SECTION I should have become aware, by any - COVERAGES COVERAGE C. means other than as described in (3) MEDICAL PAYMENTS. above, that "bodily injury" or "prop- erty damage" had occurred or had No other obligation or liability to pay sums begun to occur; or or perform acts or services is covered unless expressly provided for under (5) Becomes aware, or reasonably should have become aware, of a Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 1 of 22 condition from which "bodily injury" (3) Any statute, ordinance or regulation or "property damage" is substantially relating to the sale, gift, distribution certain to occur. or use of alcoholic beverages. e. Damages because of "bodily injury" in- This exclusion applies only if you are in clude damages claimed by any person or the business of manufacturing, distribut- organization for care, loss of services or ing, selling, serving or furnishing alcoholic death resulting at any time from the "bod- beverages. ily injury". d. Workers' Compensation and Similar 2. Exclusions Laws This insurance does not apply to: Any obligation of the insured under a workers'compensation, disability benefits a. Expected or Intended Injury or unemployment compensation law or "Bodily injury" or "property damage" any similar law. which may reasonably be expected to re- e. Employer's Liability sult from the intentional or criminal acts of the insured or which is in fact expected or "Bodily injury" to: intended by the insured, even if the injury or damage is of a different degree or type (1) An "employee" of the insured sus- than actually expected or intended. This tained in the "workplace"; exclusion does not apply to "bodily injury" (2) An "employee" of the insured arising resulting from the use of reasonable force out of the performance of duties re- to protect persons or property. lated to the conduct of the insured's b. Contractual Liability business; or "Bodily injury" or "property damage" for (3) The spouse, child, parent, brother or which the insured is obligated to pay sister of that "employee" as a conse- damages by reason of the assumption of quence of Paragraphs (1) or (2) liability in a contract or agreement. This above. exclusion does not apply to liability for This exclusion applies: damages: (1) That the insured would have in the (1) Whether the insured may be liable as as an employer or in any other ca- bsence of the contract or agree- pacity; and ment; or (2) To any obligation to share damages (2) Assumed in a contract or agreement with or repay someone else who that is an "insured contract", pro- p y vided the "bodily injury" or "property must pay damages because of the injury. damage" occurs subsequent to the execution of the contract or agree- This exclusion does not apply to liability ment. When a claim for such "bodily assumed by the insured under an "in- injury" or "property damage" is sured contract". made, we will defend that claim pro- vided the insured has assumed the f. Pollutant obligation to defend such claim in the (1) "Bodily injury" or "property damage" insured contract". Such defense arising out of the actual, alleged or payments will not reduce the limits of threatened discharge, dispersal, insurance. seepage, migration, release, escape c. Liquor Liability or emission of "pollutants": "Bodily injury" or "property damage" for (a) At or from any premises, site or which any insured may be held liable by location which is or was at any reason of: time owned or occupied by, or rented or loaned to, any insured. (1) Causing or contributing to the intoxi- However, Paragraph (a) does cation of any person; not apply to: (2) The furnishing of alcoholic bever- 1) "Bodily injury" to any person ages to a person under the legal injured while on any prem- drinking age or under the influence ises, site or location owned of alcohol; or or occupied by, or rented or loaned to, you provided: Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 2 of 22 a) The injury is caused by airborne irritants or con- the inadequate ventila- taminants used in a manu- tion of vapors; facturing process or which b) The person injured is is the product or by-product of any manufacturing proc- first exposed to such ess; vapors during the pol- icy period; and 2) "Bodily injury" or "property c) Within 30 days of such damage" for which you may be held liable, if you are a first exposure, the per- contractor, and the owner son injured is clinically or lessee of such premises, diagnosed or treated site or location has been by a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongo- sure to such vapors. ing operations or "your However, Paragraph c) work" performed for that does not apply if the additional insured at that "bodily injury" is caused premises, site or location by vapors produced by and such premises, site or or originating from location is not and never equipment that is used was owned or occupied by, to heat, cool or dehu- or rented or loaned to, any midify the building, or insured, other than that ad- equipment that is used ditional insured; or to heat water for per- sonal use, by the 3) "Bodily injury" or "property building's occupants or damage" arising out of heat, their guests. smoke or fumes from a This exception 1) shall ap- "hostile fire"; ply only to Named Insureds; (b) At or from any premises, site or we shall have no duty to location which is or was at any defend or pay damages for time used by or for any insured any person or organization or others for the handling, stor- that is not a Named In- age, disposal, processing or sured. However, this para- treatment of waste; graph does not apply if the (c) Which are or were at any time bodily injury is caused by vapors produced by or transported, handled, stored, originating from equipment treated, disposed of, or proc- that is used to heat, cool or essed as waste by or for: dehumidify the building, or 1) Any insured; or equipment that is used to heat water for personal use, 2) Any person or organization by the building's occupants for whom you may be le- or their guests. gally responsible; For the purpose of the ex- (d) At or from any premises, site or ception granted in Para- location on which any insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are contaminant, including performing operations if the smoke, fumes, vapor or "pollutants" are brought on or to soot, but excluding asbes- the premises, site or location in tos, which is discharged, connection with such operations dispersed, emitted, re- by such insured, contractor or leased or escapes from subcontractor. However, Para- materials, machinery or graph (d)does not apply to: equipment used in the service or maintenance of 1) "Bodily injury" or "property the premises. Vapors does damage" arising out of the not mean any gaseous or discharge, dispersal, seep- age, migration, release, es- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 3 of 22 cape or emission of fuels, erations are to test for, monitor, lubricants or other operating clean up, remove, contain, treat, fluids, or exhaust gases, detoxify or neutralize, or in any which are needed to per- way respond to, or assess the form, or are the result of, effects of, "pollutants". the normal electrical, hy- draulic or mechanical func- (2) Any loss, cost or expense arising out tions necessary for the op- of any: eration of "mobile equip- (a) Request, demand, order or ment" or its parts, if such statutory or regulatory require- fuels, lubricants or other ment that any insured or others operating fluids, or exhaust test for, monitor, clean up, re- gases, escape, seep or mi- move, contain, treat, detoxify or grate, or are discharged, neutralize, or in any way re- dispersed, released or spond to, or assess the effects emitted from a vehicle part of, "pollutants"; or designed to hold, store or receive them. This excep- (b) Claim or suit by or on behalf of a tion does not apply if the fu- governmental authority for dam- els, lubricants or other op- ages because of testing for, erating fluids, or exhaust monitoring, cleaning up, remov- gases, escape, seep or mi- ing, containing, treating, detoxi- grate, or are discharged, fying or neutralizing, or in any dispersed, released or way responding to, or assessing emitted with the intent to the effects of, "pollutants". cause "bodily injury" or "property damage" or with However, Paragraphs (2)(a) and (b) the knowledge that "bodily do not apply to liability for damages injury" or "property damage" because of "property damage" that is substantially certain to the insured would have in the ab- occur, or if such fuels, lubri- sence of such request, demand, or- cants or other operating der or statutory or regulatory re- fluids, or exhaust gases, quirement, or such claim or "suit" by are brought on or to the or on behalf of a governmental premises, site or location authority. with such intent to escape, g. Aircraft,Auto or Watercraft seep or migrate, or be dis- charged, dispersed, re- "Bodily injury" or "property damage" aris- leased or emitted as part of ing out of the ownership, maintenance, the operations being per- use or entrustment to others of any air- formed by such insured, craft, "auto" or watercraft owned or oper- contractor or subcontractor; ated by or rented or loaned to any in- sured. Use includes operation and 2) "Bodily injury" or "property "loading or unloading". damage" sustained within a building and caused by the This exclusion applies even if the claims release of gases, fumes or against any insured allege negligence or vapors from materials other wrongdoing in the supervision, hir- brought into that building in ing, employment, training or monitoring of connection with operations others by that insured, if the "occurrence" being performed by you or which caused the "bodily injury" or "prop- on your behalf by a con- erty damage" involved the ownership, tractor or subcontractor; or maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft 3) "Bodily injury" or "property that is owned or operated by or rented or damage" arising out of heat, loaned to any insured. smoke or fumes from a "hostile fire"; or This exclusion does not apply to: (e) At or from any premises, site or (1) A watercraft while ashore on prem- location on which any insured or ises you own or rent; any contractors or subcontrac- tors working directly or indirectly (2) A watercraft you do not own that is: on any insured's behalf are (a) Less than 51 feet long; and performing operations if the op- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 4 of 22 (b) Not being used to carry persons governmental authority in hindering or property for a charge; or defending against any of these. (3) Parking an "auto" on, or on the ways j. Damage to Property next to, premises you own or rent, "Property damage"to: provided the "auto" is not owned by or rented or loaned to you or the in- (1) Property you own, rent or occupy, sured; including any costs or expenses in- (4) Liability assumed under any "insured curred by you, or any other person, contract" for the ownership, mainte- organization or entity, for repair, re- nance or use of aircraft or watercraft; placement, enhancement, restora- or tion or maintenance of such property for any reason, including prevention (5) "Bodily injury" or "property damage" of injury to a person or damage to arising out of: another's property; (a) The operation of machinery or (2) Premises you sell, give away or equipment that is on, attached abandon, if the "property damage" to, or part of, a land vehicle that arises out of any part of those prem- would qualify under the defini- ises; tion of "mobile equipment" if it (3) Property loaned to you; were not subject to a compul- sory or financial responsibility (4) Personal property in the care, cus- law or other motor vehicle insur- tody or control of an insured; ance law in the state where it is licensed or principally garaged; (5) That particular part of real property or on which you or any contractors or (b) The operation of any of the ma- subcontractors working directly or indirectly on your behalf are per- chinery or equipment listed in forming operations, if the "property Paragraph f.(2) or f.(3) of the damage" arises out of those opera- definition of mobile equipment". tions; or h. Mobile Equipment (6) That particular part of any property "Bodily injury" or "property damage" aris- that must be restored, repaired or ing out of: replaced because "your work" was incorrectly performed on it. (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- Paragraphs (1), (3) and (4) of this exclu- ated by or rented or loaned to any sion do not apply to "property damage" insured; or (other than damage by fire or explosion) to premises, including the contents of (2) The use of "mobile equipment" in, or such premises, rented to you for a period while in practice for, or while being of 7 or fewer consecutive days, for which prepared for, any prearranged rac- the amount we will pay is limited to the ing, speed, demolition, or stunting Damage To Premises Rented To You activity. Limit as described in SECTION III - LIM- ITS OF INSURANCE. i. War Paragraph (2) of this exclusion does not "Bodily injury" or "property damage", apply if the premises are "your work" and however caused, arising, directly or indi- were never occupied, rented or held for rectly, out of: rental by you. (1) War, including undeclared or civil Paragraphs (3), (4), (5) and (6) of this ex- war; clusion do not apply to liability assumed (2) Warlike action by a military force, in- under a sidetrack agreement. cluding action in hindering or de- Paragraph (6) of this exclusion does not fending against an actual or ex- apply to "property damage" included in pected attack, by any government, the "products-completed operations haz- sovereign or other authority using and". military personnel or other agents; or (3) Insurrection, rebellion, revolution, k. Damage to Your Product usurped power, or action taken by "Property damage" to "your product" arising out of it or any part of it. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 5 of 22 I. Damage to Your Work q. Employment-Related Practices "Property damage" to "your work" arising "Bodily injury" to: out of it or any part of it and included in the "products-completed operations haz- (1) A person arising out of any: and". (a) Refusal to employ that person; This exclusion does not apply if the dam- (b) Termination of that person's aged work or the work out of which the employment; or damage arises was performed on your behalf by a subcontractor. (c) Other employment-related prac- tices, policies, acts or omissions m. Damage to Impaired Property or Prop- including but not limited to coer- erty Not Physically Injured cion, criticism, demotion, "Property damage" to "impaired property" evaluation, failure to promote, or property that has not been physically reassignment, discipline, defa- injured, arising out of: mation, harassment, humiliation or discrimination directed at that (1) A defect, deficiency, inadequacy or person; or dangerous condition in "your prod- uct" or "your work"; or (2) The spouse, child, parent, brother or sister of that person as a conse- (2) A delay or failure by you or anyone quence of "bodily injury" to that per- acting on your behalf to perform a son at whom any of the employment- contract or agreement in accordance related practices described in Para- with its terms. graphs (a), (b) or (c) above is di- This exclusion does not apply to the loss rected. of use of other property arising out of This exclusion applies: sudden and accidental physical injury to (1) Whether the insured may be liable your product" or your work after it has been put to its intended use. as an employer or in any other ca- pacity; and n. Recall of Products, Work or Impaired Property (2) To any obligation to share damages with or repay someone else who Any liability or damages claimed for any must pay damages because of the loss, cost or expense incurred by you or injury. others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- r. Additional Insured Prior Knowledge justment, removal or disposal of: An additional insured added by attach- (1) "Your product"; ment of an endorsement to this verage Part that iss eking coverage foroa claim (2) "Your work"; or or "suit", if that additional insured knew, (3) "Impaired property"; per the following paragraph, that "bodily injury" or "property damage" had oc- if such product, work or property is with- curred or had begun to occur, in whole or drawn or recalled from the market or from in part, prior to the "coverage term" in use by any person or organization be- which such "bodily injury" or "property cause of a known or suspected defect, damage" occurs or begins to occur. deficiency, inadequacy or dangerous An additional insured added by attach- condition in it. ment of an endorsement to this Coverage o. Personal and Advertising Injury Part will be deemed to have known that "bodily injury" or "property damage" has "Bodily injury" arising out of"personal and occurred or has begun to occur at the advertising injury". earliest time when that additional insured, or any one of its owners, members, part- p. Asbestos ners, managers, executive officers, "em- "Bodily injury" or "property damage" aris- ployees" assigned to manage that addi- ing out of, attributable to, or any way re- tional insured's insurance program, or lated to asbestos in any form or trans- "employees" assigned to give or receive mitted in any manner. notice of an "occurrence", "personal and advertising injury" offense, claim or "suit": Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 6 of 22 (1) Reports all, or any part, of the "bodily a. We will pay those sums that the insured injury" or "property damage" to us or becomes legally obligated to pay as any other insurer; damages because of "personal and ad- vertising injury" to which this insurance (2) Receives a written or verbal demand applies. We will have the right and duty or claim for damages because of the to defend the insured against any "suit" bodily injury or property damage"; seeking those damages. However, we (3) First observes, or reasonably should will have no duty to defend the insured have first observed, the "bodily in- against any "suit" seeking damages for jury" or "property damage"; thisr nsual and rance doesadvertising not apply.injury" We may, (4) Becomes aware, or reasonably at our discretion, investigate any offense should have become aware, by any and settle any claim or "suit" that may re- means other than as described in (3) sult. But: above, that "bodily injury" or "prop- erty damage" had occurred or had (1) The amount we will pay for damages begun to occur; or is limited as described in SECTION III -LIMITS OF INSURANCE; and (5) Becomes aware, or reasonably should have become aware, of a (2) Our right and duty to defend ends condition from which "bodily injury" when we have used up the applica- or "property damage" is substantially ble limit of insurance in the payment certain to occur. of judgments or settlements under SECTION I - COVERAGES, COW s. Electronic Data ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; Damages arising out of the loss of, loss SECTION I - COVERAGES, COW of use of, damage to, corruption of, in- ERAGE B. PERSONAL AND AD- ability to access, or inability to manipulate VERTISING INJURY LIABILITY; or "electronic data". medical expenses under SECTION t. Distribution of Material in Violation of - COVERAGES, COVERAGE C. Statutes MEDICAL PAYMENTS. "Bodily injury" or "property damage" aris- No other obligation or liability to pay sums ing directly or indirectly out of any action or perform acts or services is covered or omission that violates or is alleged to unless expressly provided for under violate: SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. a. The Telephone Consumer Protection Act (TCPA), including any amend- b. This insurance applies to "personal and ment of or addition to such law; or advertising injury" only if: b. The CAN-SPAM Act of 2003, includ- (1) The "personal and advertising injury" ing any amendment of or addition to is caused by an offense arising out such law; or of your business; and c. Any statute, ordinance or regulation, (2) The "personal and advertising injury" other than the TCPA or CAN-SPAM offense was committed in the "cov- Act of 2003, that prohibits or limits the erage territory" during the policy pe- sending, transmitting, communicating riod; and or distribution of material or informa- (3) Prior to the "coverage term" in which tion. the "personal and advertising injury" Exclusions c. through q. do not apply to offense is committed, you did not "property damage" by fire or explosion to know, per Paragraph 1.d. below, that premises while rented to you or temporarily the offense had been committed or occupied by you with permission of the owner, had begun to be committed, in whole for which the amount we will pay is limited to or in part. the Damage to Premises Rented To You Limit c. "Personal and advertising injury" caused as described in SECTION III - LIMITS OF IN- by an offense which: SURANCE. COVERAGE B. PERSONAL AND ADVERTISING (1) Was committed during the "coverage INJURY LIABILITY term"; and 1. Insuring Agreement Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 7 of 22 (2) Was not, prior to the "coverage (1) The inception of this Coverage Part; term", known by you, per Paragraph or 1.d. below, to have been committed; (2) The "coverage term" in which insur- includes any continuation, change or re- ance coverage is sought. sumption of that offense after the end of the "coverage term" in which it first be- d. Criminal Acts came known by you. "Personal and advertising injury" arising d. You will be deemed to know that a "per- out of a criminal act committed by or at sonal and advertising injury" offense has the direction of the insured. been committed at the earliest time when e. Contractual Liability any "authorized representative": (1) Reports all, or any part, of the "per- "Personal and advertising injury" for which the insured is obligated to pay sonal and advertising injury" to us or damages by reason of the assumption of any other insurer; liability in a contract or agreement. This (2) Receives a written or verbal demand exclusion does not apply to liability for or claim for damages because of the damages: "personal and advertising injury"; (1) That the insured would have in the (3) First observes, or reasonably should absence of the contract or agree- have first observed, the offense that ment; or caused the "personal and advertis- (2) Assumed in a contract or agreement ing injury"; that is an "insured contract", pro- (4) Becomes aware, or reasonably vided the "personal and advertising should have become aware, by any injury" is caused by or arises out of means, other than as described in an offense committed subsequent to (3) above, that the offense had been the execution of the contract or committed or had begun to be com- agreement. When a claim for such mitted; or "personal and advertising injury" is made, we will defend that claim, pro- (5) Becomes aware, or reasonably vided the insured has assumed the should have become aware, of a obligation to defend such claim in the condition from which "personal and "insured contract". Such defense advertising injury" is substantially payments will not reduce the limits of certain to occur. insurance. 2. Exclusions f. Breach of Contract This insurance does not apply to: "Personal and advertising injury" arising out of a breach of contract, except an im- a. Knowing Violation of Rights of Another plied contract to use another's advertising "Personal and advertising injury" caused idea in your "advertisement". by or at the direction of the insured with g. Quality or Performance of Goods - the knowledge that the act would violate Failure to Conform to Statements the rights of another and would inflict "personal and advertising injury". "Personal and advertising injury" arising b out of the failure of goods, products or . Material Published With Knowledge of Falsity services to conform with any statement of quality or performance made in your "ad- "Personal and advertising injury" arising vertisement". out of oral or written publication of mate- h. Wrong Description of Prices rial, if done by or at the direction of the in- sured with knowledge of its falsity. "Personal and advertising injury" arising c. Material Published Prior to Coverage out of the wrong description of the price of goods, products or services stated in Term your "advertisement". "Personal and advertising injury" arising i. Infringement of Copyright, Patent, out of oral or written publication of mate- Trademark or Trade Secret rial whose first publication took place be- fore the later of the following: "Personal and advertising injury" arising out of the infringement of copyright, pat- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 8 of 22 ent, trademark, trade secret or other in- or discrimination directed at that tellectual property rights. person; or However, this exclusion does not apply to (2) The spouse, child, parent, brother or infringement, in your "advertisement", of sister of that person as a conse- copyright, trade dress or slogan. quence of "personal and advertising j. Insureds in Media and Internet Type injury" to that person at whom any of Businesses the employment-related practices described in Paragraphs (a), (b) or "Personal and advertising injury" com- (c)above is directed. mitted by an insured whose business is: This exclusion applies: (1) Advertising, broadcasting, publishing (1) Whether the insured may be liable or telecasting; as an employer or in any other ca- (2) Designing or determining content of pacity; and web-sites for others; or (2) To any obligation to share damages (3) An Internet search, access, content with or repay someone else who or service provider. must pay damages because of the injury. However, this exclusion does not apply to n. Pollutant Paragraphs 17. a., b. and c. of personal and advertising injury" under SECTION V "Personal and advertising injury" arising -DEFINITIONS. out of the actual, alleged or threatened For the purposes of this exclusion, the discharge, dispersal, seepage, migration, placing of frames, borders or links, or ad- release, escape or emission of "pollut- vertising, for you or others anywhere on ants" at any time. the Internet is not, by itself, considered o. Pollutant-Related the business of advertising, broadcasting, publishing or telecasting. Any loss, cost or expense arising out of k. Electronic Chatrooms or Bulletin any: Boards (1) Request, demand, order or statutory "Personal and advertising injury" arising or regulatory requirement that any insured or others test for, monitor, out of an electronic chatroom or bulletin clean up, remove, contain, treat, board any insured hosts, owns, or over detoxify or neutralize, or in any way which any insured exercises control. respond to, or assess the effects of, I. Unauthorized Use of Another's Name "pollutants"; or or Product (2) Claim or suit by or on behalf of a "Personal and advertising injury" arising governmental authority for damages out of the unauthorized use of another's because of testing for, monitoring, name or product in your e-mail address, cleaning up, removing, containing, domain name or metatag, or any other treating, detoxifying or neutralizing, similar tactics to mislead another's poten- or in any way responding to, or as- tial customers. sessing the effects of, "pollutants". m. Employment Related Practices p• Asbestos "Personal and advertising injury" to: "Personal and advertising injury" arising out of, attributable to, or any way related (1) A person arising out of any: to asbestos in any form or transmitted in (a) Refusal to employ that person; any manner. (b) Termination of that person's q. Additional Insured Prior Knowledge employment; or An additional insured added by attach- ment of an endorsement to this Coverage (c) Other employment-related prac- Part that is seeking coverage for a claim tices, policies, acts or omissions or "suit", if that additional insured knew, including but not limited to coer- per the following paragraph, that a "per- cion, criticism, demotion, sonal and advertising injury" offense had evaluation, failure to promote, been committed or had begun to be reassignment, discipline, defa- committed, in whole or in part, prior to the mation, harassment, humiliation "coverage term" in which such offense Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 9 of 22 was committed or began to be commit- "Personal and advertising injury" arising ted. directly or indirectly out of any action or omission that violates or is alleged to An additional insured added by attach- violate: ment of an endorsement to this Coverage Part will be deemed to have known that a a. The Telephone Consumer Protection "personal and advertising injury" offense Act (TCPA), including any amend- has been committed or has begun to be ment of or addition to such law; or committed at the earliest time when that additional insured, or any one of its own- b. The CAN-SPAM Act of 2003, includ- ers, members, partners, managers, ex- ing any amendment of or addition to ecutive officers, "employees" assigned to such law; or manage that additional insured's insur- c. Any statute, ordinance or regulation, ance program, or "employees" assigned other than the TCPA or CAN-SPAM to give or receive notice of an "occur- Act of 2003, that prohibits or limits the rence", "personal and advertising injury" sending, transmitting, communicating offense, claim or "suit": or distribution of material or informa- (1) Reports all, or any part, of the "per- tion. sonal and advertising injury" to us or COVERAGE C. MEDICAL PAYMENTS any other insurer; (2) Receives a written or verbal demand 1. Insuring Agreement or claim for damages because of the a. We will pay medical expenses as de- "personal and advertising injury"; scribed below for "bodily injury" caused (3) First observes, or reasonably should by an accident: have first observed, the offense that (1) On premises you own or rent; caused the "personal and advertis- ing injury ; (2) On ways next to premises you own or rent; or (4) Becomes aware, or reasonably (3) Because of your operations; should have become aware, by any means other than as described in (3) provided that: above, that the "personal and adver- tising injury" offense had been com- (1) The accident takes place in the mitted or had begun to be commit- "coverage territory" and during the ted; or policy period; (5) Becomes aware, or reasonably (2) The expenses are incurred and re- should have become aware, of a ported to us within three years of the condition from which "personal and date of the accident; and advertising injury" is substantially certain to occur. (3) The injured person submits to ex- amination, at our expense, by physi- r. War cians of our choice as often as we "Personal and advertising injury", how- reasonably require. ever caused, arising, directly or indirectly, b. We will make these payments regardless out of: of fault. These payments will not exceed (1) War, including undeclared or civil the applicable limit of insurance. We will pay reasonable expenses for: war; (2) Warlike action by a military force, in- (1) First aid administered at the time of an accident; cluding action in hindering or de- fending against an actual or ex- (2) Necessary medical, surgical, x-ray pected attack, by any government, and dental services, including pros- sovereign or other authority using thetic devices; and military personnel or other agents; or (3) Necessary ambulance, hospital, (3) Insurrection, rebellion, revolution, professional nursing and funeral usurped power, or action taken by services. governmental authority in hindering or defending against any of these. 2. Exclusions s. Distribution of Material in Violation of We will not pay expenses for "bodily injury": Statutes Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 10 of 22 a. Any Insured cluding actual loss of earnings up to $250 a To any insured, except "volunteer work- day because of time off from work. ers". 5. All costs taxed against the insured in the b. Hired Person "suit". To a person hired to do work for or on 6. Prejudgment interest awarded against the behalf of any insured or a tenant of any insured on that part of the judgment we be- insured. come obligated to pay and which falls within the applicable limit of insurance. If we make c. Injury on Normally Occupied Premises an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest To a person injured on that part of prem- based on that period of time after the offer. ises you own or rent that the person nor- mally occupies. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and d. Workers' Compensation and Similar before we have paid, offered to pay, or de- Laws posited in court the part of the judgment that To a person, whether or not an "em- is within the applicable limit of insurance. ployee" of any insured, if benefits for the These payments will not reduce the limits of insur- "bodily injury" are payable or must be ance. provided under a workers' compensation or disability benefits law or a similar law. SECTION II-WHO IS AN INSURED e. Athletic Activities 1. If you are designated in the Declarations as: To any person injured while officiating, a. An individual, you and your spouse are coaching, practicing for, instructing or insureds, but only with respect to the participating in any physical exercises or conduct of a business of which you are games, sports, or athletic contests or ex- the sole owner. hibitions of an athletic or sports nature. b. A partnership or joint venture, you are an f. Products-Completed Operations Haz- insured. Your members, your partners, and and their spouses are also insureds, but only with respect to the conduct of your Included within the "products-completed business. operations hazard". c. A limited liability company, you are an in- g. Coverage A Exclusions sured. Your members are also insureds, Excluded under COVERAGE A. BODILY but only with respect to the conduct of INJURY AND PROPERTY DAMAGE LI- your business. Your managers are in- ABILITY. sureds, but only with respect to their du- ties as your managers. SUPPLEMENTARY PAYMENTS - COVERAGES d. An organization other than a partnership, A AND B joint venture or limited liability company, We will pay, with respect to any claim we investi- you are an insured. Your "executive offi- gate or settle, or any "suit" against an insured we cers" and directors are insureds, but only defend: with respect to their duties as your offi- cers or directors. Your stockholders are 1. All expenses we incur. also insureds, but only with respect to 2. Up to $250 for cost of bail bonds required be- their liability as stockholders. cause of accidents or traffic law violations e. A trust, you are an insured. Your trustees arising out of the use of any vehicle to which are also insureds, but only with respect to the Bodily Injury Liability Coverage applies. their duties as trustees. We do not have to furnish these bonds. 2. Each of the following is also an insured: 3. The cost of bonds to release attachments, but only for bond amounts within the applicable a. Your "volunteer workers" only while per- limit of insurance. We do not have to furnish forming duties related to the conduct of your business, or your "employees", these bonds. other than either your "executive officers" 4. All reasonable expenses incurred by the in- (if you are an organization other than a sured at our request to assist us in the inves- partnership, joint venture or limited liability tigation or defense of the claim or "suit", in- company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 11 of 22 you or while performing duties related to d. Your legal representative if you die, but the conduct of your business. However, only with respect to duties as such. That none of these "employees" or "volunteer representative will have all your rights workers" are insureds for: and duties under this Coverage Part. (1) "Bodily injury" or "personal and ad- 3. Any organization you newly acquire or form, vertising injury": other than a partnership, joint venture or lim- ited liability company, and over which you (a) To you, to your partners or maintain ownership or majority interest, will members (if you are a partner- qualify as a Named Insured if there is no other ship or joint venture), to your similar insurance available to that organiza- members (if you are a limited li- tion. However: ability company), to a co- "employee" while in the course a. Insurance under this provision is afforded of his or her employment or only until the 90th day after you acquire performing duties related to the or form the organization or the end of the conduct of your business, or to policy period, whichever is earlier; your other "volunteer workers" while performing duties related b. COVERAGE A. BODILY INJURY AND to the conduct of your business; PROPERTY DAMAGE LIABILITY does not apply to "bodily injury" or "property (b) To the spouse, child, parent, damage" that occurred before you ac- brother or sister of that co- quired or formed the organization; and "employee" or "volunteer worker as a consequence of c. COVERAGE B. PERSONAL AND AD- Paragraph (1)(a)above; VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" (c) For which there is any obligation arising out of an offense committed be- to share damages with or repay fore you acquired or formed the organi- someone else who must pay zation. damages because of the injury described in Paragraphs (1)(a) No person or organization is an insured with re- or(b) above; or spect to the conduct of any current or past part- nership, joint venture or limited liability company (d) Arising out of his or her provid- that is not shown as a Named Insured in the Dec- ing or failing to provide profes- larations. sional health care services. SECTION III-LIMITS OF INSURANCE (2) "Property damage"to property: 1. The Limits of Insurance shown in the Declara- (a) Owned, occupied or used by; or tions and the rules below fix the most we will (b) Rented to, in the care, custody pay regardless of the number of: or control of, or over which a. Insureds; physical control is being exer- cised for any purpose by, b. Claims made or "suits" brought; or you, any of your "employees", "vol- c. Persons or organizations making claims unteer workers", any partner or or bringing "suits". member (if you are a partnership or 2. a. The General Aggregate Limit is the most joint venture), or any member (if you we will pay for the sum of: are a limited liability company). b. Any person (other than your "employee" (1) Medical expenses under COVER- orPAYMENTS; "volunteer worker"), or any organiza- ' tion while acting as your real estate man- (2) Damages under COVERAGE A. ager. BODILY INJURY AND PROPERTY c. Any person or organization having proper DAMAGE LIABILITY, except dam- ages because of "bodily injury" or temporary custody of your property if you "property damage" included in the die, but only: "products-completed operations (1) With respect to liability arising out of hazard"; and the maintenance or use of that prop- (3) Damages under COVERAGE B. erty; and PERSONAL AND ADVERTISING (2) Until your legal representative has INJURY LIABILITY. been appointed. This General Aggregate Limit will not ap- ply if either the Location General Aggre- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 12 of 22 gate Limit of Insurance, Paragraph 2.b., your behalf at the same location for or the Construction Project General Ag- the same persons or organizations, gregate Limit of Insurance, Paragraph no matter how often or under how 2.c. applies. many different contracts, will be deemed to be a single construction b. A separate Location General Aggregate project. Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the 3. The Products-Completed Operations Aggre- Declarations, shall apply to each location gate Limit is the most we will pay under COV- owned by, or rented or leased to you and ERAGE A. BODILY INJURY AND PROP- is the most we will pay for the sum of: ERTY DAMAGE LIABILITY for damages be- (1) Damages under COVERAGE A. cause of "bodily injury" and "property dam- BODILY INJURY AND PROPERTY age" included in the "products-completed op- erations hazard". DAMAGE LIABILITY, except dam- ages because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad- "property damage" included in the vertising Injury Limit is the most we will pay "products-completed operations under COVERAGE B. PERSONAL AND AD- hazard"; and VERTISING INJURY LIABILITY for the sum of all damages because of all "personal and ad- (2) Medical expenses under COVER- vertising injury" sustained by any one person AGE C. MEDICAL PAYMENTS, or organization. which can be attributed to operations at 5. Subject to 2. or 3. above, whichever applies, only a single location owned by, or rented the Each Occurrence Limit is the most we will or leased to you. pay for the sum of: c. A separate Construction Project General a. Damages under COVERAGE A. BODILY Aggregate Limit of Insurance, equal to INJURY AND PROPERTY DAMAGE Li- the amount of the General Aggregate ABILITY; and Limit shown in the Declarations, shall ap- ply to each construction project and is the b. Medical expenses under COVERAGE C. most we will pay for the sum of: MEDICAL PAYMENTS; (1) Damages under COVERAGE A. because of all "bodily injury" and "property BODILY INJURY AND PROPERTY damage" arising out of any one "occurrence". DAMAGE LIABILITY, except dam- 6. Subject to 5. above, the Dama a to Premises ages because of bodily injury or 1 g "property damage" included in the Rented to You Limit is the most we will pay "products-completed operations under COVERAGE A. BODILY INJURY AND hazard"; and PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any (2) Medical expenses under COVER- one premises, while rented to you, or in the AGE C. MEDICAL PAYMENTS; case of damage by fire or explosion, while rented to you or temporarily occupied by you which can be attributed only to ongoing with permission of the owner. operations and only at a single construc- tion project. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- d. Only for the purpose of determining which AGE C. MEDICAL PAYMENTS for all medical General Aggregate Limit of Insurance, expenses because of "bodily injury" sustained 2.a., 2.b., or 2.c., applies: by any one person. (1) Location means premises involving The Limits of Insurance of this Coverage Part ap- the same or connecting lots, or ply separately to each "coverage term". premises, whose connection is inter- rupted only by a street, roadway, SECTION IV - COMMERCIAL GENERAL LI- waterway or right-of-way of a rail- ABILITY CONDITIONS road. 1. Bankruptcy (2) Construction project means a loca- tion you do not own, rent or lease Bankruptcy or insolvency of the insured or of where ongoing improvements, al- the insured's estate will not relieve us of our terations, installation, demolition or obligations under this Coverage Part. maintenance work is performed by 2. Duties in the Event of Occurrence, Offense, you or on your behalf. All connected Claim or Suit ongoing improvements, alterations, installation, demolition or mainte- a. You must see to it that we are notified as nance work performed by you or on soon as practicable of an "occurrence" or Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 13 of 22 a "personal and advertising injury" of- under the terms of this Coverage Part or that fense which may result in a claim. To the are in excess of the applicable limit of insur- extent possible, notice should include: ance. An agreed settlement means a settle- ment and release of liability signed by us, the (1) How, when and where the "occur- insured and the claimant or the claimant's le- rence" or offense took place; gal representative. (2) The names and addresses of any 4. Liberalization injured persons and witnesses; and If, within 60 days prior to the beginning of this (3) The nature and location of any injury Coverage Part or during the policy period, we or damage arising out of the "occur- make any changes to any forms or endorse- rence" or offense. ments of this Coverage Part for which there is b. If a claim is made or "suit" is brought currently no separate premium charge, and against any insured, you must: that change provides more coverage than this Coverage Part, the change will automatically (1) Immediately record the specifics of apply to this Coverage Part as of the latter of: the claim or "suit" and the date re- ceived; and a. The date we implemented the change in your state; or (2) Notify us as soon as practicable. b. The date this Coverage Part became ef- You must see to it that we receive written fective; and notice of the claim or "suit" as soon as will be considered as included until the end of practicable. the current policy period. We will make no c. You and any other involved insured must: additional premium charge for this additional (1) Immediately send us copies of any coverage during the interim. demands, notices, summonses or 5. Other Insurance legal papers received in connection If other valid and collectible insurance is with the claim or "suit"; available to the insured for a loss we cover (2) Authorize us to obtain records and under COVERAGE A. BODILY INJURY AND other information; PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING (3) Cooperate with us in the investiga- INJURY LIABILITY of this Coverage Part, our tion or settlement of the claim or de- obligations are limited as follows: fense against the "suit"; and (4) Assist us, upon our request, in the a. Primary Insurance enforcement of any right against any This insurance is primary except when b. person or organization which may be below applies. If this insurance is pri- liable to the insured because of in- mary, our obligations are not affected jury or damage to which this insur- unless any of the other insurance is also ance may also apply. primary. Then, we will share with all that other insurance by the method described d. No insured will, except at that insured's in c. below. own cost, voluntarily make a payment, assume any obligation, or incur any ex- b. Excess Insurance pense, other than for first aid, without our consent. This insurance is excess over: 3. Legal Action Against Us (1) Any of the other insurance, whether primary, excess, contingent or on No person or organization has a right under any other basis: this Coverage Part: (a) That is Fire, Extended Cover- a. To join us as a party or otherwise bring age, Builder's Risk, Installation us into a "suit" asking for damages from Risk or similar insurance for an insured; or "your work"; b. To sue us on this Coverage Part unless (b) That is Fire or Explosion insur- all of its terms have been fully complied ance for premises rented to you with. or temporarily occupied by you A person or organization may sue us to re- with permission of the owner; cover on an agreed settlement or on a final (c) That is insurance purchased by judgment against an insured; but we will not you to cover your liability as a be liable for damages that are not payable tenant for "property damage" to Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 14 of 22 premises rented to you or tem- shown in the Declarations of this Cover- porarily occupied by you with age Part. permission of the owner; or c. Method of Sharing (d) If the loss arises out of the maintenance or use of aircraft, If all of the other insurance permits con- "autos" or watercraft to the ex- tribution by equal shares, we will follow tent not subject to SECTION I - this method also. Under this approach COVERAGES, COVERAGE A. each insurer contributes equal amounts BODILY INJURY AND PROP- until it has paid its applicable limit of in- ERTY DAMAGE LIABILITY, 2. surance or none of the loss remains, Exclusions, g. Aircraft,Auto or whichever comes first. Watercraft. If any of the other insurance does not (2) Any other primary insurance avail- permit contribution by equal shares, we able to the insured covering liability will contribute by limits. Under this for damages arising out of the method, each insurer's share is based on premises or operations, or the prod- the ratio of its applicable limit of insurance ucts and completed operations, for to the total applicable limits of insurance which the insured has been added of all insurers. as an additional insured by attach- 6. Premium Audit ment of an endorsement. (3) Any other insurance: a. We will compute all premiums for this Coverage Part in accordance with our (a) Whether primary, excess, con- rules and rates. tingent or on any other basis, b. Premium shown in this Coverage Part as except when such insurance is advance premium is a deposit premium written specifically to be excess only. At the close of each audit period we over this insurance; and will compute the earned premium for that (b) That is a consolidated (wrap-up) period and send notice to the first Named insurance program which has Insured. The due date for audit and ret- been provided by the prime rospective premiums is the date shown contractor/project manager or as the due date on the bill. If: owner of the consolidated proj- (1) The earned premium is less than the ect in which you are involved. deposit premium, we will return the When this insurance is excess, we will excess to the first Named Insured; or have no duty under COVERAGE A. (2) The earned premium is greater than BODILY INJURY AND PROPERTY the deposit premium, the difference DAMAGE LIABILITY or COVERAGE B. will be due and payable to us by the PERSONAL AND ADVERTISING IN- first Named Insured upon notice from JURY LIABILITY to defend the insured us. against any "suit" if any other insurer has a duty to defend the insured against that c. The first Named Insured must keep rec- "suit". If no other insurer defends, we will ords of the information we need for pre- undertake to do so, but we will be entitled mium computation, and send us copies at to the insured's rights against all those such times as we may request. other insurers. 7. Representations When this insurance is excess over other insurance, we will pay only our share of By accepting this Coverage Part, you agree: the amount of the loss, if any, that ex- a. The statements in the Declarations are ceeds the sum of: accurate and complete; (1) The total amount that all such other b. Those statements are based upon repre- insurance would pay for the loss in sentations you made to us; and the absence of this insurance; and (2) The total of all deductible and self- c. We have issued this Coverage Part in re- insured amounts under all that other liance upon your representations. insurance. 8. Separation of Insureds We will share the remaining loss, if any, Except with respect to the Limits of Insurance, with any other insurance that is not de- and any rights or duties specifically assigned scribed in this Excess Insurance provi- in this Coverage Part to the first Named In- sion and was not bought specifically to sured, this insurance applies: apply in excess of the Limits of Insurance Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 15 of 22 a. As if each Named Insured were the only (1) An individual, you and your spouse Named Insured; and are "authorized representatives". b. Separately to each insured against whom (2) A partnership or joint venture, your claim is made or "suit" is brought. members, your partners, and their 9. Transfer of Rights of Recovery Against spouses are "authorized representa- tives". Others to Us (3) A limited liability company, your If the insured has rights to recover all or part members and your managers are of any payment we have made under this "authorized representatives". Coverage Part, those rights are transferred to us. The insured must do nothing after loss to (4) An organization other than a part- impair them. At our request, the insured will nership, joint venture or limited liabil- bring "suit" or transfer those rights to us and ity company, your "executive offi- help us enforce them. cers" and directors are "authorized representatives". Provided you are 10. Two or More Coverage Forms or Policies not a publicly traded organization, Issued by Us your stockholders are also "author- If this Coverage Part and any other Coverage ized representatives". Form, Coverage Part or policy issued to you (5) A trust, your trustees are "authorized by us or any company affiliated with us apply representatives". to the same "occurrence" or "personal and advertising injury" offense, the aggregate b. Your "employees": maximum limit of insurance under all the Cov- erage Forms, Coverage Parts or policies shall (1) Assigned to manage your insurance not exceed the highest applicable limit of in- program; or surance under any one Coverage Form, Cov- (2) Responsible for giving or receiving erage Part or policy. This condition does not notice of an "occurrence", "personal apply to any Coverage Form, Coverage Part and advertising injury" offense, claim or policy issued by us or an affiliated company or "suit"; specifically to apply as excess insurance over this Coverage Part. are also "authorized representatives". 11. When We Do Not Renew 3. "Auto" means: If we decide not to renew this Coverage Part, a. A land motor vehicle, trailer or semitrailer we will mail or deliver to the first Named In- designed for travel on public roads, in- sured shown in the Declarations written notice cluding any attached machinery or of the nonrenewal not less than 30 days be- equipment; or fore the expiration date. b. Any other land vehicle that is subject to a If notice is mailed, proof of mailing will be suf- compulsory or financial responsibility law ficient proof of notice. or other motor vehicle insurance law in SECTION V-DEFINITIONS the state where it is licensed or principally garaged. 1. Advertisement means a notice that is broad- However, "auto" does not include "mobile cast, telecast or published to the general pub- equipment". lic or specific market segments about your goods, products or services for the purpose of 4. "Bodily injury" means bodily injury, sickness or attracting customers or supporters. "Adver- disease sustained by a person, including tisement" includes a publicity article. For pur- death resulting from any of these at any time. poses of this definition: 5. "Coverage term" means the following individ- a. Notices that are published include mate- ual increment, or if a multi-year policy period, rial placed on the Internet or on similar increments, of time, which comprise the policy electronic means of communication; and period of this Coverage Part: b. Regarding web-sites, only that part of a a. The year commencing on the Effective web-site that is about your goods, prod- Date of this Coverage Part at 12:01 AM ucts or services for the purposes of at- standard time at your mailing address tracting customers or supporters is con- shown in the Declarations, and if a multi- sidered an "advertisement". year policy period, each consecutive an- 2. "Authorized representative" means: nual period thereafter, or portion thereof if any period is for a period of less than 12 a. If you are designated in the Declarations months, constitute individual "coverage as: terms". The last "coverage term" ends at Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 16 of 22 12:00 AM standard time at your mailing 10. "Hostile fire" means one which becomes un- address shown in the Declarations on the controllable or breaks out from where it was earlier of: intended to be. (1) The day the policy period shown in 11. "Impaired property" means tangible property, the Declarations ends; or other than "your product" or "your work", that (2) The day the policy to which this Cov- cannot be used or is less useful because: erage Part is attached is terminated a. It incorporates "your product" or "your or cancelled. work" that is known or thought to be de- fective, deficient, inadequate or danger- b. However, if after the issuance of this ous; or Coverage Part, any "coverage term" is extended for an additional period of less b. You have failed to fulfill the terms of a than 12 months, that additional period of contract or agreement; time will be deemed to be part of the last if such property can be restored to use b preceding coverage term". p p y y: 6. "Coverage territory" means: a. The repair, replacement, adjustment or removal of "your product" or "your work"; a. The United States of America (including or its territories and possessions), Puerto Rico and Canada; b. Your fulfilling the terms of the contract or agreement. b. International waters or airspace, but only if the injury or damage occurs in the 12. "Insured contract" means: course of travel or transportation between a. A contract for a lease of premises. How- any places included in a. above; or ever, that portion of the contract for a c. All other parts of the world if the injury or lease of premises that indemnifies any damage arises out of: person or organization for "property damage" by fire or explosion to premises (1) Goods or products made or sold by while rented to you or temporarily occu- you in the territory described in a. pied by you with permission of the owner above; is not an "insured contract"; (2) The activities of a person whose b. A sidetrack agreement; home is in the territory described in a. above, but is away for a short time c. Any easement or license agreement, ex- on your business; or cept in connection with construction or demolition operations on or within 50 feet (3) "Personal and advertising injury" of- of a railroad; fenses that take place through the Internet or similar electronic means d. An obligation, as required by ordinance, of communication, to indemnify a municipality, except in connection with work for a municipality; provided the insured's responsibility to pay damages is determined in a "suit" on e. An elevator maintenance agreement; the merits, in the territory described in a. f. That part of any other contract or agree- above or in a settlement to which we ment pertaining to your business (includ- agree. ing an indemnification of a municipality in 7. "Electronic data" means information, facts or connection with work performed for a programs stored as or on, created or used on, municipality) under which you assume or transmitted to or from computer software, the tort liability of another party to pay for including systems and applications software, "bodily injury", "property damage" or hard or floppy disks, CD-ROMs, tapes, drives, "personal and advertising injury" to a third cells, data processing devices or any other person or organization. Tort liability media which are used with electronically con- means a liability that would be imposed trolled equipment. by law in the absence of any contract or agreement. 8. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary Paragraph f. does not include that part of worker". any contract or agreement: 9. "Executive officer" means a person holding (1) That indemnifies a railroad for "bodily any of the officer positions created by your injury", "property damage" or "per- charter, constitution, by-laws or any other sonal and advertising injury" arising similar governing document. out of construction or demolition op- erations, within 50 feet of any rail- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 17 of 22 road property and affecting any rail- engines; marketing analysis; and road bridge or trestle, tracks, road- providing access to the Internet or beds, tunnel, underpass or crossing; other similar networks; or (2) That indemnifies an architect, engi- (7) Under which the insured, if a web- neer or surveyor for injury or damage site designer or content provider, or arising out of: Internet search, access, content or service provider, assumes liability for (a) Preparing, approving, or failing injury or damage arising out of the to prepare or approve, maps, insured's rendering or failure to ren- shop drawings, opinions, re- der Internet services, including those ports, surveys, field orders, listed in Paragraph (6), above. change orders or drawings and specifications; or 13. "Leased worker" means a person leased to you by a labor leasing firm under an agree- (b) Giving directions or instructions, ment between you and the labor leasing firm, or failing to give them, if that is to perform duties related to the conduct of the primary cause of the injury your business. "Leased worker" includes su- or damage; pervisors furnished to you by the labor leasing (3) Under which the insured, if an archi- firm. "Leased worker" does not include a tect, engineer or surveyor, assumes "temporary worker". liability for an injury or damage aris- 14. "Loading or unloading" means the handling of ing out of the insured's rendering or property: failure to render professional serv- ices, including those listed in Para- a. After it is moved from the place where it is graph (2) above and supervisory, in- accepted for movement into or onto an spection, architectural or engineering aircraft,watercraft or "auto"; activities; b. While it is in or on an aircraft, watercraft (4) That indemnifies an advertising, pub- or "auto"; or lic relations or media consulting firm for "personal and advertising injury" c. While it is being moved from an aircraft, arising out of the planning, execution watercraft or "auto" to the place where it or failure to execute marketing com- is finally delivered; munications programs. Marketing but "loading or unloading" does not include communications programs include the movement of property by means of a me- but are not limited to comprehensive chanical device, other than a hand truck, that marketing campaigns; consumer, is not attached to the aircraft, watercraft or trade and corporate advertising for "auto". all media; media planning, buying, monitoring and analysis; direct mail; 15. "Mobile equipment" means any of the follow- promotion; sales materials; design; ing types of land vehicles, including any at- presentations; point-of-sale materi- tached machinery or equipment: als; market research; public relations and new product development; a. Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- (5) Under which the insured, if an adver- pally off public roads; tising, public relations or media con- sulting firm, assumes liability for b. Vehicles maintained for use solely on or "personal and advertising injury" next to premises you own or rent; arising out of the insured's rendering c. Vehicles that travel on crawler treads; or failure to render professional services, including those services d. Vehicles, whether self-propelled or not, listed in Paragraph (4), above; maintained primarily to provide mobility to (6) That indemnifies a web-site designer permanently mounted: or content provider, or Internet (1) Power cranes, shovels, loaders, dig- search, access, content or service gers or drills; or provider for injury or damage arising out of the planning, execution or fail- (2) Road construction or resurfacing ure to execute Internet services. equipment such as graders, scrap- Internet services include but are not ers or rollers; limited to design, production, distri- e. Vehicles not described in a., b., c. or d. bution, maintenance and administra- above that are not self-propelled and are tion of web-sites and web-banners; maintained primarily to provide mobility to hosting web-sites; registering do- main names; registering with search Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 18 of 22 permanently attached equipment of the d. Oral or written publication, in any manner, following types: of material that slanders or libels a per- son or organization or disparages a per- (1) Air compressors, pumps and gen- son's or organization's goods, products or erators, including spraying, welding, services; building cleaning, geophysical explo- ration, lighting and well servicing e. Oral or written publication, in any manner, equipment; or of material that violates a person's right of (2) Cherry pickers and similar devices privacy; used to raise or lower workers; f. The use of another's advertising idea in f. Vehicles not described in a., b., c. or d. your "advertisement"; or above maintained primarily for purposes g. Infringing upon another's copyright, trade other than the transportation of persons dress or slogan in your "advertisement". or cargo. 18. "Pollutant" means any solid, liquid, gaseous or However, self-propelled vehicles with the thermal irritant or contaminant, including following types of permanently attached smoke, vapor, soot, fumes, acids, alkalis, equipment are not "mobile equipment" chemicals, petroleum, petroleum products but will be considered "autos": and petroleum by-products, and waste. Waste includes materials to be recycled, re- (1) Equipment designed primarily for: conditioned or reclaimed. "Pollutants" include (a) Snow removal; but are not limited to substances which are generally recognized in industry or govern- (b) Road maintenance, but not con- ment to be harmful or toxic to persons, prop- struction or resurfacing; or erty or the environment regardless of whether the injury or damage is caused directly or indi- (c) Street cleaning; rectly by the "pollutants" and whether: (2) Cherry pickers and similar devices a. The insured is regularly or otherwise en- mounted on automobile or truck gaged in activities which taint or degrade chassis and used to raise or lower the environment; or workers; and b. The insured uses, generates or produces (3) Air compressors, pumps and gen- the "pollutant". erators, including spraying, welding, building cleaning, geophysical explo- 19. "Products-completed operations hazard": ration, lighting and well servicing equipment. a. Includes all "bodily injury" and "property damage" occurring away from premises However, "mobile equipment" does not in- you own or rent and arising out of "your clude any land vehicles that are subject to a product" or "your work" except: compulsory or financial responsibility law or other motor vehicle insurance law in the state (1) Products that are still in your physical where it is licensed or principally garaged. possession; or Land vehicles subject to a compulsory or fi- (2) Work that has not yet been com- nancial responsibility law or other motor vehi- pleted or abandoned. However, cle insurance law are considered "autos". "your work" will be deemed com- 16. "Occurrence" means an accident, including pleted at the earliest of the following continuous or repeated exposure to substan- times: tially the same general harmful conditions. (a) When all of the work called for in 17. "Personal and advertising injury" means in- your contract has been com- jury, including consequential "bodily injury", pleted; or arising out of one or more of the following of- (b) When all of the work to be done fenses: at the job site has been com- a. False arrest, detention or imprisonment; pleted if your contract calls for work at more than one job site; b. Malicious prosecution; or c. The wrongful eviction from, wrongful entry (c) When that part of the work done into, or invasion of the right of private oc- at a job site has been put to its cupancy of a room, dwelling or premises intended use by any person or that a person occupies, committed by or organization other than another on behalf of its owner, landlord or lessor; contractor or subcontractor working on the same project. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 19 of 22 Work that may need service, main- her work and acts at the direction of and tenance, correction, repair or re- within the scope of duties determined by you, placement, but which is otherwise and is not paid a fee, salary or other compen- complete, will be treated as com- sation by you or anyone else for their work pleted. performed for you. b. Does not include "bodily injury" or "prop- 24. "Workplace" means that place and during erty damage" arising out of: such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or (1) The transportation of property, un- any other person or entity acting on your be- less the injury or damage arises out half,to work on the date of 'occurrence". of a condition in or on a vehicle not owned or operated by you, and that 25. "Your product": condition was created by the "load- ing or unloading" of that vehicle by a. Means: any insured; (1) Any goods or products, other than (2) The existence of tools, uninstalled real property, manufactured, sold, equipment or abandoned or unused handled, distributed or disposed of materials; or by: (3) Products or operations for which the (a) You; classification, listed in the Declara- (b) Others trading under your name; tions or in a schedule, states that or products-completed operations are included. (c) A person or organization whose 20. "Property damage" means: business or assets you have acquired; and a. Physical injury to tangible property, in- (2) Containers (other than vehicles), cluding all resulting loss of use of that materials, parts or equipment fur- property. All such loss of use shall be nished in connection with such deemed to occur at the time of the physi- goods or products. cal injury that caused it; or b. Loss of use of tangible property that is b. Includes: not physically injured. All such loss of (1) Warranties or representations made use shall be deemed to occur at the time at any time with respect to the fit- of the "occurrence" that caused it. ness, quality, durability, performance For the purposes of this insurance, "electronic or use of "your product"; and data" is not tangible property. (2) The providing of or failure to provide 21. "Suit" means a civil proceeding in which warnings or instructions. money damages because of "bodily injury", c. Does not include vending machines or "property damage" or "personal and advertis- other property rented to or located for the ing injury" to which this insurance applies are use of others but not sold. alleged. "Suit" includes: 26. "Your work": a. An arbitration proceeding in which such damages are claimed and to which the a. Means: insured must submit or does submit with (1) Work or operations performed by our consent; you or on your behalf; and b. Any other alternative dispute resolution (2) Materials, parts or equipment fur- proceeding in which such damages are nished in connection with such work claimed and to which the insured submits with our consent; or or operations. c. An appeal of a civil proceeding. b. Includes: 22. "Temporary worker" means a person who is (1) Warranties or representations made furnished to you to substitute for a permanent at any time with respect to the fit- "employee" on leave or to meet seasonal or ness, quality, durability, performance short-term workload conditions. or use of your work"; and 23. "Volunteer worker" means a person who is (2) The providing of or failure to provide not your "employee", and who donates his or warnings or instructions. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: an insured of services, materials, parts or equipment in connection A. Under any Liability Coverage, to bodily with the planning, construction, injury or property damage": maintenance, operation or use of (1) With respect to which an insured un- any "nuclear facility", but if such fa- der this Coverage Part is also an in- cility is located within the United sured under a nuclear energy liability States of America, its territories or policy issued by Nuclear Energy Li- possessions or Canada, this Exclu- ability Insurance Association, Mutual sion (3) applies only to "property Atomic Energy Liability Underwriters, damage" to such "nuclear facility" Nuclear Insurance Association of and any property thereat. Canada, or any of their successors, 2. As used in this exclusion: or would be an insured under any such policy but for its termination "Hazardous properties" includes radioactive, upon exhaustion of its limit of liability; toxic or explosive properties. or "Nuclear material" means "source material", (2) Resulting from the "hazardous prop- "special nuclear material" or "by-product ma- erties" of "nuclear material" and with terial". respect to which (a) any person or organization is required to maintain "Source material", "special nuclear material", financial protection pursuant to the and "by-product material" have the meanings Atomic Energy Act of 1954, or any given them in the Atomic Energy Act of 1954 law amendatory thereof, or (b) the or in any law amendatory thereof. insured is, or had this Coverage Part "Spent fuel" means any fuel element or fuel not been issued would be, entitled to component, solid or liquid, which has been indemnity from the United States of used or exposed to radiation in a "nuclear re- America, or any agency thereof, un- actor". der any agreement entered into by the United States of America, or any "Waste" means any waste material (a) con- agency thereof, with any person or taining "by-product material" other than the organization. tailings or wastes produced by the extraction or concentration of uranium or thorium from B. Under any Medical Payments coverage, any ore processed primarily for its "source to expenses incurred with respect to material" content, and (b) resulting from the "bodily injury" resulting from the "hazard- operation b an organization of ous properties" of "nuclear material" and p y y person or any "nuclear facility" included under the first arising out of the operation of a "nuclear two paragraphs of the definition of "nuclear facility" by any person or organization. facility". C. Under any Liability Coverage, to "bodily "Nuclear facility" means: injury" or "property damage" resulting from the "hazardous properties" of "nu- A. Any "nuclear reactor"; clear material", if: B. Any equipment or device designed or (1) The "nuclear material" (a) is at any used for (1) separating the isotopes of "nuclear facility" owned by, or oper- uranium or plutonium, (2) processing or ated by or on behalf of, an insured, utilizing "spent fuel", or (3) handling, or (b) has been discharged or dis- processing or packaging "waste"; persed therefrom; C. Any equipment or device used for the (2) The "nuclear material" is contained in processing, fabricating or alloying of "spent fuel" or "waste" at any time "special nuclear material" if at any time possessed, handled, used, proc- the total amount of such material in the essed, stored, transported or dis- custody of the insured at the premises posed of, by or on behalf of an in- where such equipment or device is lo- sured; or cated consists of or contains more than 25 grams of plutonium or uranium 233 or (3) The bodily injury or property dam- any combination thereof, or more than age arises out of the furnishing by 250 grams of uranium 235; Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 21 of 22 D. Any structure, basin, excavation, prem- "Nuclear reactor" means any apparatus de- ises or place prepared or used for the signed or used to sustain nuclear fission in a storage or disposal of "waste"; self-supporting chain reaction or to contain a and includes the site on which any of the critical mass of fissionable material. foregoing is located, all operations conducted "Property damage" includes all forms of ra- on such site and all premises used for such dioactive contamination of property. operations. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 22 of 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlusO BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid SECTION IV - BUSINESS AUTO CONDI- written contract has been: TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury'or"property damage'; and amended by the addition of the following: 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage" arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the SECTION II ed the "bodily injury" or"property damage"oc- - LIABILITY COVERAGE, A. Coverage, curs subsequent to the execution or the "in- 1.Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that TIONS, B. General Conditions, 5. Other In- "employee's" name, with your permission, while performing duties related to the surance c. is deleted in its entirety and re- conduct of your business. placed by the following: C. Regardless of the provisions of Par- 2. Changes in General Conditions agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON- Form's Liability Coverage is primary DITIONS, B. General Conditions, 5. and we will not seek contribution Other Insurance is deleted in its entirety from any other insurance for any lia- and replaced by the following: bility assumed under an "insured contract" that requires liability to be b. For Hired Auto Physical Damage assumed on a primary noncontributo- Coverage the following are deemed ry basis. to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi- rented by your "employee" under zation for whom you have agreed in a valid a contract in that individual "em- written contract to provide insurance as af- ployee's" name, with your per- forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or ment "property damage" resulting from an SECTION III - PHYSICAL DAMAGE COV- "accident" that occurred before you acquired or formed the organization; ERAGE, C. Limit of Insurance is amended by adding the following: c. Does not apply to any newly acquired 4. The most we will pay for all "loss" to au- or formed organization that is a joint venture or partnership; and dio, visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy or dent"is the lesser of would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cys limits of insurance. of the"accident' 3. Any of your "employees" while using a b. The cost of repairing or replacing the covered 'auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that"auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment,at the time of the mentary Payments-Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment; 2. Replacing the $250 Limit of Insurance for b. Removable from a permanently in- reasonable expenses with $500 in (4). stalled housing unit as described in Paragraph 2.a.above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1. Who is an Insured is amended by adding the following: I. Hired Auto -Physical Damage The following are"insureds": If hired "autos" are covered "autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina- tion of such policy or the exhaustion of 2. The deductible will be equal to the largest such policys limits of insurance. deductible applicable to any owned "auto" for that coverage, or$1,000, whichever is 2. Any organization that is newly acquired or less. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit,deductible, and K. Transportation Expense-Higher Limits excess provisions we will provide cover- age equal to the broadest coverage appli- SECTION III - PHYSICAL DAMAGE COV- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident' for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one "accident'is $3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above and the deductibles shown in the apply to the accidental discharge of an airbag. Schedule are applicable. This coverage for airbags is excess over any J. Rental Reimbursement other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE 1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is penses incurred by you for the rental of deleted in its entirety and replaced by the an "auto" because of a 'loss"to a covered following, but only for private passenger "auto". Payment applies in addition to the type "autos"with an original loan or lease, otherwise applicable amount of each cov- and only in the event of a "total loss" to erage you have on a covered "auto". No such a private passenger type "auto": deductible applies to this coverage. a. The most we will pay for'loss" in any 2. We will pay only for those expenses in- one "accident'is the greater of: curred during the policy period beginning (1) The amount due under the terms 24 hours after the 'loss" and ending, re- of the lease or loan to which gardless of the policys expiration, with your covered private passenger the lesser of the following number of type "auto"is subject, but will not days: include: a. The number of days reasonably re- (a) Overdue lease or loan pay- quired to repair the covered "auto". If ments; "loss" is caused by theft, this number of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high "auto"and return it to you; or mileage, excessive use or b. 30 days. abnormal wear and tear; 3. Our payment is limited to the lesser of the (c) Security deposits not re- funded by the lessor; following amounts: (d) Costs for extended warran- a. Necessary and actual expenses in- ties, Credit Life Insurance, curred; or Health, Accident or Disabil- b. $50 per day. ity Insurance purchased with the loan or lease; and 4. This coverage does not apply while there are spare or reserve "autos" available to (e) Carry-over balances from you for your operations. previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de- AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of"loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the purposes of this Loan or Lease Gap SECTION IV - BUSINESS AUTO CONDI- Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- SECTION III - PHYSICAL DAMAGE COV- age under this Coverage Form because of such failure. ERAGE, D. Deductible is amended by adding the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage if the ry glass is repaired in a manner acceptable to us SECTION V- DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by O. Duties in the Event of an Accident, Claim, the following: Suit or Loss-Amended "Bodily injury" means bodily injury,sickness or SECTION IV - BUSINESS AUTO CONDI- disease sustained by a person, including men- tal anguish and death sustained by the same TIONS, A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident, Claim, Suit or Loss, a. is sickness or disease. "Bodily injury' does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent"or"loss"is known to: R. Coverage for Certain Operations in Con- t. You, if you are an individual; nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er, if you are a corporation; or 1. SECTION V - DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and 4. A member or manager, if you are a lim- replaced by the following: ited liability company. c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 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: 4/5/2024 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 $75.73 150 11S View King Drywall Tapers Journey Level $75.73 150 11S View King Electrical Fixture Maintenance Journey Level $38.69 5L 1 E View Workers King Electricians - Inside Cable Splicer $109.35 7C 4E View King Electricians - Inside Cable Splicer (tunnel) $117.52 7C 4E View King Electricians - Inside Certified Welder $105.63 7C 4E View King Electricians - Inside Certified Welder (tunnel) $113.43 7C 4E View King Electricians - Inside Construction Stock Person $51.53 7C 4E View King Electricians - Inside Journey Level $101.92 7C 4E View King Electricians - Inside Journey Level (tunnel) $109.35 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 $65.66 7E 1 E View King Elevator Constructors Mechanic $111.26 7D 4A View King Elevator Constructors Mechanic In Charge $120.27 7D 4A View King Fabricated Precast Concrete All Classifications - In-Factory $21.34 5B 1R View Products Work Only King Fence Erectors Fence Erector $50.07 15J lip 8Y View King Fence Erectors Fence Laborer $50.07 15J lip 8Y View King Flaggers Journey Level $50.07 15J lip 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 lip 8Y View King Industrial Power Vacuum Journey Level $16.28 1 View Cleaner King Inland Boatmen Boat Operator $61.41 5B 1K View King Inland Boatmen Cook $56.48 5B 1K View King Inland Boatmen Deckhand $57.48 5B 1K View King Inland Boatmen Deckhand Engineer $58.81 5B 1K View King Inland Boatmen Launch Operator $58.89 5B 1K View King Inland Boatmen Mate $57.31 5B 1K View King Inspection/Cleaning/Sealing Of 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 $87.80 15K 11 N View King Laborers Air, Gas Or Electric Vibrating $59.07 15J lip 8Y View Screed King Laborers Airtrac Drill Operator $60.90 15J 11P 8Y View King Laborers Ballast Regular Machine $59.07 15J lip 8Y View King Laborers Batch Weighman $50.07 15J lip 8Y View King Laborers Brick Pavers $59.07 15J lip 8Y View King Laborers Brush Cutter $59.07 15J lip 8Y View King Laborers Brush Hog Feeder $59.07 15J lip 8Y View King Laborers Burner $59.07 15J lip 8Y View King Laborers Caisson Worker $60.90 15J lip 8Y View King Laborers Carpenter Tender $59.07 15J lip 8Y View King Laborers Cement Dumper-paving $60.15 15J lip 8Y View King Laborers Cement Finisher Tender $59.07 15J lip 8Y View King Laborers Change House Or Dry Shack $59.07 15J lip 8Y View King Laborers Chipping Gun (30 Lbs. And $60.15 15J lip 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $59.07 15J 11P 8Y View King Laborers Choker Setter $59.07 15J lip 8Y View King Laborers Chuck Tender $59.07 15J lip 8Y View King Laborers Clary Power Spreader $60.15 15J lip 8Y View King Laborers Clean-up Laborer $59.07 15J lip 8Y View King Laborers Concrete Dumper/Chute $60.15 15J lip 8Y View Operator King Laborers Concrete Form Stripper $59.07 15J lip 8Y View King Laborers Concrete Placement Crew $60.15 15J lip 8Y View King Laborers Concrete Saw Operator/Core $60.15 15J lip 8Y View Driller King Laborers Crusher Feeder $50.07 15J lip 8Y View King Laborers Curing Laborer $59.07 15J lip 8Y View King Laborers Demolition: Wrecking Et Moving $59.07 15J lip 8Y View (Incl. Charred Material) King Laborers Ditch Digger $59.07 15J lip 8Y View King Laborers Diver $60.90 15J lip 8Y View King Laborers Drill Operator (Hydraulic, $60.15 15J lip 8Y View Diamond) King Laborers Dry Stack Walls $59.07 15J lip 8Y View King Laborers Dump Person $59.07 15J lip 8Y View King Laborers Epoxy Technician $59.07 15J lip 8Y View King Laborers Erosion Control Worker $59.07 15J lip 8Y View King Laborers Faller Et Bucker Chain Saw $60.15 15J lip 8Y View King Laborers Fine Graders $59.07 15J lip 8Y View King Laborers Firewatch $50.07 15J lip 8Y View King Laborers Form Setter $60.15 15J lip 8Y View King Laborers Gabian Basket Builders $59.07 15J lip 8Y View King Laborers General Laborer $59.07 15J lip 8Y View King Laborers Grade Checker Et Transit Person $62.49 15J lip 8Y View King Laborers Grinders $59.07 15J lip 8Y View King Laborers Grout Machine Tender $59.07 15J lip 8Y View King Laborers Groutmen (Pressure) Including $60.15 15J lip 8Y View Post Tension Beams King Laborers Guardrail Erector $59.07 15J 11P 8Y View King Laborers Hazardous Waste Worker (Level $60.90 15J lip 8Y View A) King Laborers Hazardous Waste Worker (Level $60.15 15J lip 8Y View B) King Laborers Hazardous Waste Worker (Level $59.07 15J lip 8Y View C) King Laborers High Scaler $60.90 15J lip 8Y View King Laborers Jackhammer $60.15 15J lip 8Y View King Laborers Laserbeam Operator $60.15 15J lip 8Y View King Laborers Maintenance Person $59.07 15J lip 8Y View King Laborers Manhole Builder-Mudman $60.15 15J 11P 8Y View King Laborers Material Yard Person $59.07 15J lip 8Y View King Laborers Mold Abatement Worker $59.07 15J lip 8Y View King Laborers Motorman-Dinky Locomotive $62.59 15J lip 8Y View King Laborers nozzleman (concrete pump, $62.49 15J lip 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 lip 8Y View King Laborers Pilot Car $50.07 15J 11P 8Y View King Laborers Pipe Layer (Lead) $62.49 15J lip 8Y View King Laborers Pipe Layer/Tailor $60.15 15J lip 8Y View King Laborers Pipe Pot Tender $60.15 15J lip 8Y View King Laborers Pipe Reliner $60.15 15J lip 8Y View King Laborers Pipe Wrapper $60.15 15J lip 8Y View King Laborers Pot Tender $59.07 15J lip 8Y View King Laborers Powderman $60.90 15J lip 8Y View King Laborers Powderman's Helper $59.07 15J lip 8Y View King Laborers Power Jacks $60.15 15J lip 8Y View King Laborers Railroad Spike Puller - Power $60.15 15J 11P 8Y View King Laborers Raker -Asphalt $62.49 15J lip 8Y View King Laborers Re-timberman $60.90 15J lip 8Y View King Laborers Remote Equipment Operator $60.15 15J lip 8Y View King Laborers Rigger/Signal Person $60.15 15J lip 8Y View King Laborers Rip Rap Person $59.07 15J lip 8Y View King Laborers Rivet Buster $60.15 15J lip 8Y View King Laborers Rodder $60.15 15J lip 8Y View King Laborers Scaffold Erector $59.07 15J lip 8Y View King Laborers Scale Person $59.07 15J lip 8Y View King Laborers Sloper (Over 20") $60.15 15J lip 8Y View King Laborers Sloper Sprayer $59.07 15J lip 8Y View King Laborers Spreader (Concrete) $60.15 15J lip 8Y View King Laborers Stake Hopper $59.07 15J lip 8Y View King Laborers Stock Piler $59.07 15J 11P 8Y View King Laborers Swinging Stage/Boatswain $50.07 15J 11P 8Y View Chair King Laborers Tamper Et Similar Electric, Air $60.15 15J lip 8Y View Et Gas Operated Tools King Laborers Tamper (Multiple Et Self- $60.15 15J lip 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $60.15 15J lip 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $59.07 15J lip 8Y View King Laborers Topper $59.07 15J lip 8Y View King Laborers Track Laborer $59.07 15J lip 8Y View King Laborers Track Liner (Power) $60.15 15J lip 8Y View King Laborers Traffic Control Laborer $53.54 15J lip 9C View King Laborers Traffic Control Supervisor $56.73 15J lip 9C View King Laborers Truck Spotter $59.07 15J lip 8Y View King Laborers Tugger Operator $60.15 15J lip 8Y View King Laborers Tunnel Work-Compressed Air $175.79 15J lip 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $180.82 15J lip 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $184.50 15J lip 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $190.20 15J lip 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $192.32 15J lip 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $197.42 15J lip 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $199.32 15J lip 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $201.32 15J lip 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $203.32 15J lip 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $62.59 15J lip 8Y View Tender King Laborers Tunnel Work-Miner $62.59 15J lip 8Y View King Laborers Vibrator $60.15 15J lip 8Y View King Laborers Vinyl Seamer $59.07 15J lip 8Y View King Laborers Watchman $45.51 15J lip 8Y View King Laborers Welder $60.15 15J lip 8Y View King Laborers Well Point Laborer $60.15 15J lip 8Y View King Laborers Window Washer/Cleaner $45.51 15J lip 8Y View King Laborers - Underground Sewer General Laborer Et Topman $59.07 15J lip 8Y View Et Water King Laborers - Underground Sewer Pipe Layer $60.15 15J lip 8Y View Et Water King Landscape Construction Landscape $45.51 15J lip 8Y View Construction/Landscaping Or Planting Laborers King Landscape Construction Landscape Operator $82.25 15J 11G 8X View King Landscape Maintenance Groundskeeper $17.87 1 View King Lathers Journey Level $75.73 150 11S View King Marble Setters Journey Level $69.07 7E 1 N View King Metal Fabrication In Shop), Fitter/Certified Welder $42.17 151 11 E View King Metal Fabrication (In Shop). General Laborer $30.07 151 11 E View King Metal Fabrication In Shop). Mechanic $43.63 151 11 E View King Metal Fabrication (In Shop). Welder/Burner $39.28 151 11 E View King Millwright Journey Level $76.51 15J 4C View King Modular Buildings Cabinet Assembly $16.28 1 View King Modular Buildings Electrician $16.28 1 View King Modular Buildings Equipment Maintenance $16.28 1 View King Modular Buildings Plumber $16.28 1 View King Modular Buildings Production Worker $16.28 1 View King Modular Buildings Tool Maintenance $16.28 1 View King Modular Buildings Utility Person $16.28 1 View King Modular Buildings Welder $16.28 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 Et Park Equipment Journey Level $16.28 1 View Installers King Plumbers Et Pipefitters Journey Level $103.19 6Z 1G View King Power Equipment Operators Asphalt Plant Operators $83.62 15J 11G 8X View King Power Equipment Operators Assistant Engineer $78.65 15J 11G 8X View King Power Equipment Operators Barrier Machine (zipper) $82.88 15J 11G 8X View King Power Equipment Operators Batch Plant Operator: concrete $82.88 15J 11G 8X View King Power Equipment Operators Boat Operator $83.95 7A 11 H 8X View King Power Equipment Operators Bobcat $78.65 15J 11G 8X View King Power Equipment Operators Brokk - Remote Demolition $78.65 15J 11G 8X View Equipment King Power Equipment Operators Brooms $78.65 15J 11G 8X View King Power Equipment Operators Bump Cutter $82.88 15J 11G 8X View King Power Equipment Operators Cableways $83.62 15J 11G 8X View King Power Equipment Operators Chipper $82.88 15J 11G 8X View King Power Equipment Operators Compressor $78.65 15J 11G 8X View King Power Equipment Operators Concrete Finish Machine - $78.65 15J 11G 8X View Laser Screed King Power Equipment Operators Concrete Pump - Mounted Or $82.25 15J 11G 8X View Trailer High Pressure Line Pump, Pump High Pressure King Power Equipment Operators Concrete Pump: Truck Mount $83.62 15J 11G 8X View With Boom Attachment Over 42 M King Power Equipment Operators Concrete Pump: Truck Mount $82.88 15J 11G 8X View With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $82.25 15J 11G 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, D10And 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 11G 8X View King Power Equipment Operators Shotcrete/Gunite Equipment $78.65 15J 11G 8X View King Power Equipment Operators Shovel, Excavator, Backhoe, $82.25 15J 11G 8X View Tractors Under 15 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoe: $83.62 15J 11G 8X View Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $82.88 15J 11G 8X View Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $84.46 15J 11G 8X View Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $85.33 15J 11G 8X View Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $83.62 15J 11G 8X View King Power Equipment Operators Spreader, Topsider Et $83.62 15J 11G 8X View Screedman King Power Equipment Operators Subgrader Trimmer $82.88 15J 11G 8X View King Power Equipment Operators Tower Bucket Elevators $82.25 15J 11G 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 11G 8X View Type King Power Equipment Operators Trenching Machines $82.25 15J 11G 8X View King Power Equipment Operators Truck Crane Oiler/Driver: 100 $83.20 7A 11H 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 11G 8X View King Power Equipment Operators Vac Truck (Vactor Guzzler, $82.88 15J 11G 8X View Hydro Excavator) King Power Equipment Operators Welder $83.62 15J 11G 8X View King Power Equipment Operators Wheel Tractors, Farman Type $78.65 15J 11G 8X View King Power Equipment Operators Yo Yo Pay Dozer $82.88 15J 11G 8X View King Power Equipment Operators- Asphalt Plant Operators $83.62 15J 11G 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 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Batch Plant Operator, Concrete $82.88 15J 11G 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 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition $78.65 15J 11G 8X View Underground Sewer Et Water Equipment King Power Equipment Operators- Brooms $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Bump Cutter $82.88 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Cableways $83.62 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Chipper $82.88 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Compressor $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Concrete Finish Machine - $78.65 15J 11G 8X View Underground Sewer Et Water Laser Screed King Power Equipment Operators- Concrete Pump - Mounted Or $82.25 15J 11G 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 11G 8X View Underground Sewer Et Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Pump: Truck Mount $82.88 15J 11G 8X View Underground Sewer Et Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $82.25 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Cranes Friction: 200 tons and $86.48 7A 11 H 8X View Underground Sewer Et 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 Et 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: 200 tons- 299 tons, or $85.66 7A 11 H 8X View Underground Sewer Et 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 11G 8X View Underground Sewer Et 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 Et 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 Et Water Or Crane Mount King Power Equipment Operators- Drilling Machine $84.46 15J 11G 8X View Underground Sewer Et 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 Et Water Gamaco Et 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 Et 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 Et Water King Power Equipment Operators- Hard Tail End Dump $83.62 15J 11G 8X View Underground Sewer Et Water Articulating Off- Road Equipment 45 Yards. Et 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 Et 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 Et 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 Et Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $82.88 15J 11G 8X View Underground Sewer Et 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 1 Underground Sewer Et Water I 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 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel $83.62 15J 11G 8X View Underground Sewer Et Water Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $78.65 15J 11G 8X View Underground Sewer Et Water Distribution Et Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (Elevators and $82.25 15J 11G 8X View Underground Sewer Et 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 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane $82.88 15J 11G 8X View Underground Sewer Et Water Mount) King Power Equipment Operators- Plant Oiler -Asphalt, Crusher $82.25 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Power Plant $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10And Over $83.62 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Quick Tower: no cab, under $82.88 15J 11G 8X View Underground Sewer Et Water 100 feet in height base to boom King Power Equipment Operators- Remote Control Operator On $83.62 15J 11G 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 Et Water A 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 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $82.25 15J 11G 8X View Underground Sewer Et Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $82.88 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $82.25 15J 11G 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 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $83.62 15J 11G 8X View Underground Sewer Et Water Yards And Over King Power Equipment Operators- Shotcrete/Gunite Equipment $78.65 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoe, $82.25 15J 11G 8X View Underground Sewer Et Water Tractors Under 15 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoe: $83.62 15J 11G 8X View Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $82.88 15J 11G 8X View Underground Sewer Et Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $84.46 15J 11G 8X View Underground Sewer Et Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $85.33 15J 11G 8X View Underground Sewer Et Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $83.62 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider Et $83.62 15J 11G 8X View Underground Sewer Et Water Screedman King Power Equipment Operators- Subgrader Trimmer $82.88 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $82.25 15J 11G 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 11G 8X View Underground Sewer Et Water Type King Power Equipment Operators- Trenching Machines $82.25 15J 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/Driver: 100 $83.20 7A 11H 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 11G 8X View Underground Sewer Et Water King Power Equipment Operators- Vac Truck (Vactor Guzzler, $82.88 15J 11G 8X View Underground Sewer Et Water Hydro Excavator) King Power Equipment Operators- Welder $83.62 15J 11G 8X View 1 Underground Sewer Et Water I King Power Equipment Operators- Wheel Tractors, Farman Type $78.65 15J 11G 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 $95.89 6Z 1G 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 $45.40 1 View Pipefitters King Residential Refrigeration Et Air Journey Level $96.42 7F 1 E 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 $63.61 1 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 $64.45 5A 3H View King Roofers Using Irritable Bituminous $67.39 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 $51.85 7X 4.1 View King Shipbuilding Et Ship Repair New Construction Carpenter $51.85 7X 4.1 View King Shipbuilding Et Ship Repair New Construction Crane $43.16 7V 1 View Operator King Shipbuilding Et Ship Repair New Construction Electrician $51.85 7X 4.1 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 $51.85 7X 4J View King Shipbuilding Et Ship Repair New Construction Machinist $51.85 7X 4.1 View King Shipbuilding Et Ship Repair New Construction Operating $43.16 7V 1 View Engineer King Shipbuilding Et Ship Repair New Construction Painter $51.95 7X 4J View King Shipbuilding Et Ship Repair New Construction Pipefitter $51.85 7X 4J View King Shipbuilding Et Ship Repair New Construction Rigger $51.85 7X 4J View King Shipbuilding Et Ship Repair New Construction Sheet Metal $51.85 7X 4J View King Shipbuilding Et Ship Repair New Construction Shipwright $51.85 7X 4J View King Shipbuilding Et Ship Repair New Construction $43.16 7V 1 View Warehouse/Teamster King Shipbuilding Et Ship Repair New Construction Welder / $51.85 7X 4J View Burner King Shipbuilding Et Ship Repair Ship Repair Boilermaker $51.85 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Carpenter $51.85 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 $51.85 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 $51.85 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Machinist $51.85 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 $51.95 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Pipefitter $51.85 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Rigger $51.85 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Sheet Metal $51.85 7X 4J View King Shipbuilding Et Ship Repair Ship Repair Shipwright $51.85 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 $16.28 1 View King Sprinkler Fitters (Fire Journey Level $95.49 5C 1X View Protection), King Stage Rigging Mechanics (Non Journey Level $16.28 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 $65.66 7E 1 E View King Telephone Line Construction - Cable Splicer $40.36 5A 2B View Outside King Telephone Line Construction - Hole Digger/Ground Person $26.92 5A 2B View Outside King Telephone Line Construction - Telephone Equipment Operator $33.74 5A 2B View Outside (Light) King Telephone Line Construction - Telephone Lineperson $38.15 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 $16.28 1 View Installers King Well Drillers Et Irrigation Pump Well Driller $18.00 1 View Installers Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) 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. 1 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Overtime Codes Continued 1. 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. 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. 2 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) 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. 3 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) 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. 4 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) 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. 5 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Overtime Codes Continued 4. 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. 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. 6 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Overtime Codes Continued 11. 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. 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. 7 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Overtime Codes Continued 11. 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. 8 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Overtime Codes Continued 11. P. Work performed in excess of ten(10)hours of straight time per day when four ten(10)hour shifts are established and all work on Saturdays,except for make-up days shall be paid at time and one-half(1 'h)the straight time rate. 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 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 a.m.to 6:00 p.m.,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 shifts 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-hour shifts. In 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. Q. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday,shall be paid at a premium rate of 35%over the hourly rate of wage.Work performed on Sundays shall be paid at double time. All hours worked on holidays shall be paid at double the hourly rate of wage. R On Monday through Saturday hours worked outside 6:00 am and 7:00 pm,and all hours after eight(8)hours worked shall be paid at one and one-half times the hourly rate. All hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. When a holiday falls on a Saturday,the Friday before shall be the observed holiday.When a holiday falls on a Sunday,the following Monday shall be the observed holiday. S. The first ten(10)hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. In the event the job is down due to weather conditions,or other conditions beyond the control of the Employer,then Saturday may be worked at the straight time rate,for the first eight(8)hours,or the first ten(10)hours when a four day ten hour workweek has been established. 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. 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. 9 1 P a g e Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) 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). 1. 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). 101 Page Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Holiday Codes Continued 5. 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). 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. Holiday Codes Continued 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. 111 Page Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Holiday Codes Continued 7. 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. 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. 121 Page Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Holiday Codes Continued 7. 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. 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. 131 Page Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Holiday Codes Continued 15. 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. O. 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,the day before Christmas day,and Christmas Day(10). 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. 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. 141 Page Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Note Codes Continued 8. V. In 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 10l'to 150'-$3.00 per foot for each foot over 101 feet. Over 15l'to 220'-$4.00 per foot for each foot over 220 feet. Over 221'- $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. 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.) 151 Page Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Note Codes Continued 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. 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. 16 1 Page Benefit Code Key—Effective 3/2/2024 thru 8/30/2024 (Updated 2/16/2024) Note Codes Continued 9. 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. 171 Page