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CAG2024-306 - Original - Grindline Skateparks, Inc - Skatpark Surface Assessment and Repairs - 06/24/2024
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: -k- Agreement Routing Form DirAsst: x For Approvals,Signatures and Records Management Dir/Dep: KENTThis form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A s H�N G T o H Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Shayla Ott Parks, Recreation & Community Services _ Date Sent: Date Required: f° 06/07/2024 06/21/2024 Q Authorized to Sign: Date of Council Approval: QMayor or Designee NA Budget Account Number: Grant? Yes NOW] P21082.64190.5XXX 859W Budget? Yes No Type: N/A Vendor Name: Category: Grindline Skateparks, Inc. Contract Vendor Number: Sub-Category: = 41442 Original airs+ Skatepark surface assessment and re+ Project Name: P P cProject Details: Vendor to assess and repair skatepark surfaces at Uplands Extension = Skatepark , Arbor Heights Skatepark and West Hill Skatepark. .r w w Agreement Amount: $24,192.20 Basis for Selection of Contractor: Other N *Memo to Mayor must be attached Start Date: 06/21/2024 Termination Date: 08/31/2024 Q Local Business? Yes W]Nox If meets requirements per KCC 3.70-100,please complete'Vendor Purchase-Local Exceptions"form on Cilyspace. Business License Verification: W]Yes In-Process Exempt(KCC S.01.04S) Z Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes�No CAG2024-306 Comments: vt O 3 C = O 3 � a, a, oc Date Received:City Attorney 6/18/24 Date Routed:Mayor's Officq 6124124 City Clerk's Office 6124124 adccw22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 400�0�. KENT W A s y i N G T o N PUBLIC WORKS AGREEMENT between City of Kent and Grindline Skateparks, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Grindline Skateparks, Inc. organized under the laws of the State of Washington, located and doing business at 4619 14t" Ave SW Seattle, WA 98106; Contact: James Klinedinst; Phone: (206) 932-6414 (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: Vendor to assess and repair skatepark surfaces at Upland Extensions, West Hill Skatepark and Arbor Heights Skatepark outlined in Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed August 315t 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 TWENTY FOUR THOUSAND ONE HUNDRED NINETY TWO DOLLARS AND TWENTY CENTS ($24,192.20), 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. PUBLIC WORKS AGREEMENT - 2 (Over$20K and No Performance Bond) 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. 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 PUBLIC WORKS AGREEMENT - 3 (Over$20K and No Performance Bond) specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. 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 PUBLIC WORKS AGREEMENT - 4 (Over$20K and No Performance Bond) THAT DELAY. 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 PUBLIC WORKS AGREEMENT - 5 (Over$20K and No Performance Bond) shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. 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 PUBLIC WORKS AGREEMENT - 6 (Over$20K and No Performance Bond) and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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. 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 PUBLIC WORKS AGREEMENT - 7 (Over$20K and No Performance Bond) 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: BITy: ~ 1.�C . Print Name: James Klinedinst Print Name: Dana Ralph Its Secretary Its Mayor DATE: Jun 17,2024 DATE: 06/24/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: James Klinedinst Ben Levenhagen Grindline Skateparks, Inc. City of Kent 4619 14th Ave SW 220 Fourth Avenue South Seattle, WA 98106 Kent, WA 98032 (206) 932-6414 (telephone) (253) 856-5133 (telephone) James@grindline.com (email) Blevenhagen@kentwa.gov (email) APPROVED AS TO FORM: Kent w Department ATTEST: 6A Kent City Clerk 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: Grindline Skateparks, Inc. Title: Secretary Date: Jun 17,2024 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 (05/15/2024), 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. Grindline Skateparks, Inc. Signature of Authorized Official* Printed Name: James Klinedinst Title: Secretary Date: Jun 17, 2024 City and State: Seattle, WA-- --- --- — *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 GRINDLINE SKATEPARKS, I NC. PROPOSED SCOPE OF WORK: SUBMITTED TO: Name: Ben Levenhagen Project Name: Kent Skatepark Assessments Organization: City of Kent City: Kent Phone: 253.856.5133 State: WA Email: BLevenhagen@KentWA.gov Date: April 19,2024 Grindline proposes to provide all necessary labor,materials,and equipment to complete the work detailed below within the s •Downtown Lions Skatepark- Repair coping ends-4 locations Route out&Fill with Elastimeric Joint Sealant-Approx.801-F Fill Voids with Patching Material-Approx.10 Locations Clean out and Fill Seams with Elastimeric Joint Sealant Approx.200 LF Paint steel coping $6,960.00 •West Hill Skatepark- Grind out Hand Rail Bottom Cracks:Route out and Fill with Elastimeric Joint Sealant-Approx.100 LF Seams:Clean out and Fill with Elastimeric Joint Sealant-Approx.175 LF Repair Spelled Areas-Grind&Patch Spelled Areas Pressure wash and Re-Sea'approx.3699 GeFT $8,113.00 •Arbor Heights Skatepark- Cracks-Route out and Fill Cracks with high end joint sealant:Approx.300 LF Seams-Clean out,grind down where needed and fill with high end joint sealant:Approx.350 LF Pool Coping Seams-Grind out and Fill Failed Seams with Epoxy-1 Location Various Spells and Voids to be filled throughout the park $7,880.00 Exclusions: Water and power supply Dewatering Landscaping(including seeding and planting)/Irrigation(including sleeving)and/or restoration Erosion control Construction fence/staging area and final perimeter fencing Permits Performance/Payment Bond.If required add 2%to total bid. Construction staking/surveying Drain lines •Finish grading around skatepark perimeter Non skatepark concrete Site amenities.Including but not limited to benches,trash cans,shade strucutures,picnic tables •Material testing •Any other work outside of areas referenced above 4619 14th Ave SW, Seattle, WA 98106 1206.932.6414 1 inform@grindline.com PROPOSED SCOPE OF WORK: SUBMITTED TO: Name: Ben Levenhagen Project Name: Kent Skatepark Assessments Organization: City of Kent City: Kent Phone: 253.856.5133 State: WA Email: BLevenhagen@KentWA.gov Date: April 19,2024 DOWNTOWN LIONS: $5,960.00 WEST HILL: $8,113.00 ARBOR HEIGHTS: $7,880.00 GRAND TOTAL: $21,953.00 *Not Including Tax This proposal is valid for 60 days Respectfully Submitted, James Klinedinst Senior Project Manager Cell:206-819-9234 4619 14th Ave SW, Seattle, WA 98106 1206.932.6414 inform@grindline.com Exhibit Insurance Requirements Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. Automobile Liability insurance providing bodily injury and property damage liability coverage for all owned, non-owned, hired, and leased 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 $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. 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. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the City, sent via certified mail, return receipt requested. 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 endorsements 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. DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 6/7/2024 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jessica Blaine Leavitt Group Northwest A/CNNo Ext: (800)726-8771 A/C NO: (866)728-9168 PO Box 833 E-MAIL ADDRESS: Jessica-Blaine@leavitt.com INSURERS AFFORDING COVERAGE NAIC# Auburn WA 98071 INSURERA:AIX Specialty Insurance Company 12833 INSURED INSURER B:Ohio Security Insurance Company 24082 Grindline Skateparks, Inc. INSURER C:Admiral Insurance Company 124856 4619 14th Ave SW INSURERD:Ate rit S ecialt Insurance Com an 6427 INSURER E:Navi ators S ecialt Insurance Coman6056 Seattle WA 98106 INSURER F: COVERAGES CERTIFICATE NUMBER:23/24 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DDNYYY MM DDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED 50,000 PREMISES Ea occurrence $ X Y L12-JO70543-01 7/7/2023 7/7/2024 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY �JE� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X AU TOS AUTOS RAS63417872 6/21/2024 6/21/2025 BODILY INJURY(Per accident) $ NON-OWNED Written on Form CA0001 PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident A UMBRELLA LIAB X OCCUR L12JO7054501 - let Layer 7/7/2023 7/7/2024 EACH OCCURRENCE $ 2,000,000 D X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 O1-BXL-P00059626-1 - 2nd Layer 7/7/2023 7/7/2024 er claim/Aggregate 5,000,000 DED RETENTION$ Y $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N WA Stop Gap STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE Employers Liability E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N❑ N/A (Mandatory in NH) L12-JO70543-01 7/7/2023 7/7/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Prof Liab, $1M Faulty Workman E000001269615 1/12/2024 1/12/2025 Per Claim$2,000,000 Agg $4,000,000 E Pollution Liability SF23ECPU00081NC 02/09/2024 2/09/2025 Per claim:$5,000,000 Agg $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Skate Park repair Kent Parks City of Kent, Washington is named as Additional Insured per written contract and the terms and conditions of forms CG2038 1219, PCG1563 0719, ACS501 0618 and 78804 (4/10) AH2863 attached. CERTIFICATE HOLDER CANCELLATION SOtt@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent, Washington THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Rob Bush/KEDEME 4k ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) LOCATIONS: Location: 1 4619 14th Ave SW, Seattle WA, 98106 GENERAL LIABILITY LIMITS OF LIABILITY General Aggregate Limit (Other than Products/Completed Operations) $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal &Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 Damage to Premises Rented to You, Any One Premises $ 50,000 Medical Expense Limit, Any One Person $ Excluded Deductible Per Occurrence, Including LAE $ 5,000 GENERAL LIABILITY COVERAGES Loc Class Rates code Description Prems Prods 1 91560 Concrete Construction 4.380 4.380 1 91581 Contractors -subcontracted work - 4.380 4.380 in connection with construction, reconstruction, erection or repair - not buildings GENERAL LIABILITY ADDITIONAL COVERAGES: Covcrage Limit Premium Employee Benefits Liability $1,000,000 $0 GENERAL LIABILITY ADDITIONAL INTERESTS: Coverage Name Premium CG 20 10 04 13 -Owners, Lessees or Contractors -Scheduled Person or Organization Included CG 20 37 04 13 -Owners, Lessees or Contractors -Completed Operations Included CG 20 34 04 13 -Lessor of Leased Equipment -Automatic Status When Required In Lease Agreement Included With You CG 24 04 05 09-Waiver of Transfer of Rights of Recovery Against Others To Us Included CG 20 12 04 13 -State or Governmental Agency or Subdivision or Political Subdivision -Permits or Included Authorizations -gl CG 20 11 04 13 - Managers or Lessors of Premises Included CG 20 10 04 13- Owners, Lessees or Contractors -Scheduled Person or Organization Included CG 20 11 04 13- Managers or Lessors of Premises Included CG 20 12 04 13 -State or Governmental Agency or Subdivision or Political Subdivision -Permits or Included Authorizations -gl CG 20 37 04 13- Owners, Lessees or Contractors -Completed Operations Included CG 20 10 04 13 -Owners, Lessees or Contractors -Scheduled Person or Organization Included THE FOLLOWING POLICY FORMS AND ENDORSEMENTS APPLY TO THE POLICY: Policy Form Number Form Name AIL0016 1117 SIGNATURE PAGE 801-0077 06 20 MINIMUM RETAINED PREMIUM ENDORSEMENT 801-0224 10 17 PRIVACY POLICY AND PRODUCER COMPENSATION PRACTICES DISCLOSURES 801-0125 06 13 WA SURPLUS LINES NOTICE 401-1126 01 15 NOTICE -REJECTION OF TERRORISM COVERAGE AND DISCLOSURE OF PREMIUM 401-1374 12 20 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT 801-0222 08 17 CLAIM NOTICE 801-0297 08 21 AVAILABILITY OF LOSS CONTROL SERVICES IL P 00101 04 0FAC-US TREASURY DEPARTMENT OFFICE OF FOREIGN ASSETS CONTROL 901-0153 04 20 COMMON POLICY DECLARATIONS 801-0154 03 14 FORMS DECLARATIONS IL00 171198 COMMON POLICY CONDITIONS IL N 0010903 FRAUD STATEMENT 801-0136 10 20 SERVICE OF SUIT CLAUSE 401-1235 12 14 NOTICE OF CANCELLATION TO DESIGNATED ENTITY (S) IL 12 011185 POLICY CHANGES General Liability Form Number Farm Name 801-0155 08 21 GENERAL LIABILITY DECLARATIONS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) CG 04 3512 07 EMPLOYEE BENEFITS LIABILITY COVERAGE 801-0004 06 13 AMEND -AGG LIMITS SUBJ TO MAX POLICY AGG LIMIT EXCL DMGS 801-0022 06 18 LIABILITY INSURANCE DEDUCTIBLE ENDORSEMENT 801-0029 06 18 EXCLUSION -ASBESTOS 801-0041 06 13 EXCLUSION -LEAD 801-0043 06 18 EXCLUSION -PUNITIVE AND EXEMPLARY DAMAGE 801-0065 06 18 MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT 801-0072 03 22 PREMIUM BASIS ENDORSEMENT 801-0076 06 18 RESIDENTIAL CONSTRUCTION EXCLUSION 801-0172 06 18 EXCLUSION -ABSOLUTE EMPLOYEE AND WORKER BODILIY INJURY AND LIABILIY 801-0173 08 16 FULLY EARNED PREMIUM 801-0196 12 16 EXCLUSION - DISCRIMINATION 801-0213 12 16 INDEPENDENT CONTRACTORS LIMITATION OF COVERAGE -AUDIT PROVISION 801-0220 01 17 EXCLUSION -CROSS LIABILITY -NAMED INSURED VERSUS NAMED INSURED 801-0255 10 20 EXCLUSION -COMMUNICABLE DISEASE (CGL) CG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION CG 04421219 STOP GAP -EMPLOYERS LIABILITY COVERAGE ENDORSEMENT-WASHINGTON CG 20010413 PRIMARY AND NON-CONTRIBUTORY -OTHER INSURANCE CONDITION CG 2010 0413 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTOR -SCHEDULED PERSON OR ORGANIZATION CG 20110413 ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES CG 2012 0413 ADDITIONAL INSURED -STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS CG 20370413 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS CG 21070514 EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA- RELATED LIABILITY -LIMITED BODILY INJURY EXCEPTION NOT INCLUDED CG 213 510 01 EXCLUSION -COVERAGE C- MEDICAL PAYMENTS CG 2136 03 OS EXCLUSION -NEW ENTITIES CG 20340413 ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT -AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU CG 2147 12 07 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG 2149 09 99 TOTAL POLLUTION EXCLUSION ENDORSEMENT CG 21530196 EXCLUSION -DESIGNATED ONGOING OPERATIONS CG 215412 19 EXCLUSION -DESIGNATED OPERATIONS COVERED BY A CONTROLLED (WRAP-UP) INSURANCE PROGRAM CG 216712 04 FUNGI OR BACTERIA EXCLUSION CG 218612 04 EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS CG 2196 03 05 SILICA OR SILICA-RELATED DUST EXCLUSION CG 22 34 0413 EXCLUSION -CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS CG 21750115 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CG 22 43 04 13 EXCLUSION -ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY CG 22 790413 EXCLUSION -CONTRACTORS - PROFESSIONAL LIABILITY CG 24011204 NON-BINDING ARBITRATION CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CG 24260413 AMENDMENT OF INSURED CONTRACT DEFINITION IL 00 2109 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) SUBJECT TO THE MAXIMUM POLICY AGGREGATE LIMIT EXCEPT FOR DAMAGES INCLUDED IN THE PRODUCTS COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Maximum Policy Aggregate Limit: $ 5,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Subject to the Maximum Policy Aggregate Limit shown included in the "Products-Completed Operations in the Schedule above, the General Aggregate Limit Hazard"; and under SECTION III — LIMITS OF INSURANCE applies c. Damages under Coverage B regardless of the separately to each of your projects away from premises number of your projects. owned by or rented to you. The Maximum Policy The Maximum Policy Aggregate Limit shown above is Aggregate Limit shown in the Schedule above is the also subject to Paragraph 1. of SECTION III — LIMITS most we will pay for the sum of: OF INSURANCE. a. Medical expenses Under Coverage C; b. Damages under Coverage A, except damages because of "Bodily Injury" or "Property Damage" ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 801-0004 06 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 1 of 1 COMMERCIAL AUTO AC 04 01 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto and Garage Coverage Forms and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier and Truckers Coverage Forms and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". © 2016 Liberty Mutual Insurance AC 04 01 11 16 Includes copyrighted material of Insurance Services Office Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: L12-JO70543-01 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations see policy change endorsement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or "property damage" damage" or "personal and advertising injury" occurring after: pp y caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are Page 1 of 2 required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change 0 Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE L12-JO70543-01 07/07/2023 AIX Specialty Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Grindline Skateparks, Inc. CRC INSURANCE SERVICES INC -WA- 0901744 COVERAGE PARTS AFFECTED Comprehensive General Liability CHANGES It is agreed and understood that the applicable wording for Additional Insured form CG 20 10 04 13 is as follows: Any person or organization and other specified parties for whom you are performing operations, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization shall be added as an additional insured on your policy, provided the written contract or agreement is executed prior to the occurrence of any loss. Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: L12-JO70543-01 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations see policy change endorsement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change 0 Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE L12-JO70543-01 07/07/2023 AIX Specialty Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Grindline Skateparks, Inc. CRC INSURANCE SERVICES INC -WA- 0901744 COVERAGE PARTS AFFECTED Comprehensive General Liability CHANGES It is agreed and understood that the applicable wording for Additional Insured form CG 20 37 04 13 is as follows: Any person or organization and other specified parties for whom you you have performed work, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization shall be added as an additional insured on your policy, provided the written contract or agreement is executed prior to the occurrence of any loss. Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any state or governmental agency or subdivision or political subdivision with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization, provided the permit is issued or authorization is issued prior to any loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. "Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III— Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2• Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: L12-JO70543-01 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations see policy change endorsement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change 0 Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE L12-JO70543-01 07/07/2023 AIX Specialty Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Grindline Skateparks, Inc. CRC INSURANCE SERVICES INC -WA- 0901744 COVERAGE PARTS AFFECTED Comprehensive General Liability CHANGES It is agreed and understood that the applicable wording for Additional Insured form CG 20 37 04 13 is as follows: Any person or organization and other specified parties for whom you you have performed work, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization shall be added as an additional insured on your policy, provided the written contract or agreement is executed prior to the occurrence of any loss. Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization and other specified parties for whom you are performing operations or for whom you have performed work, when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization, provided such written contract or agreement has been executed prior to the occurrence of any loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of "your work" done under a contract with that person Rights Of Recovery Against Others To Us of or organization and included in the "products- Section IV—Conditions: completed operations hazard". This waiver applies We waive any right of recovery we may have against only to the person or organization shown in the the person or organization shown in the Schedule Schedule above. above because of payments we make for injury or damage arising out of your ongoing operations or Page 1 of 1 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 ❑ POLICY NUMBER: L12 J070545 01 COMMERCIAL EXCESS LIABILITY CX DS 0109 08 COMMERCIAL EXCESS LIABILITY DECLARATIONS Company Name: AIX Specialty Insurance Company Producer Name: 0901744-CRC INSURANCE SERVICES INC -WA Named Insured(s): Grindline Skateparks,Inc. Mailing Address: 4619 14th Ave SW Seattle,WA 98106 Policy Period From: 7/7/2023 To: 7/7/2024 At 12:01 AM(Standard Time at your mailing address shown above) IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY. Excess Policy-Limits Of Insurance Each Occurrence Limit 2,000,000 Aggregate Limit f— I I 2,000,000 Other: $ Excess Policy-Premium Premium(including premium subject to audit) $ Premium Shown Is Payable: At Inception $ At Each Anniversary(If policy period is more than $ one year and premium is paid in annual installments.) Audit Period (If Applicable) Annually Semiannually Quarterly Monthly Surplus lines tax: $ Stamping office fee: $ Surplus Lines Broker: CRC Insurance Services This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Washington state guaranty association law. CxDS 01 09 08 tg ISO Properties.Inc..2007 Pagel of 3 11 Schedule Of Controlling Underlying Insurance Type of Coverage FX Occurrence Claims-made Company: AIX Specialty Insurance Company Policy Number: L12 J070543 01 Policy Period: 07/07/2023-07/07/2024 General Liability Limits Of Insurance: Each Occurrence $ 1,000,000 Personal And Advertising Injury $ 1,000,000 Any one person or organization Products-completed Operations Aggregate $ 2,000,000 General Aggregate $ 2,000,000 Medical Expense Limit $ Excluded Any one person Page 2 of 3 Q ISO Properties,Inc.,2007 CX DS 01 09 08 ❑ Endorsements Attached To The Excess Policy 801-0224,CX IDS 01,CX 00 01,CX 2133,CX 2136,801-0077,AII-0016,801-0257,801-0136,801-0320 CX DS 01 09 08 Of ISO Properties.Inc_2007 = _ COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE- BROADENED COVERAGE 11 GLASS REPAIR- WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 M SECTION I -COVERED AUTOS is amended as follows: 1. TRAILERS-INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 SECTION II -LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that N a occurred before you acquired or formed the organization. ° 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". N 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. M 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR M SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.13. 11. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTS COVERAGE A. SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 16. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a"Balloon Loan"; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; M I. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 C. SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: " If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your" under Paragraph 1. of Section II — Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our" refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured The word "insured" means any person or organization or authorized "employee" knew, prior to the qualifying as such under Section II — Who Is An policy period, that the "bodily injury" or Insured. "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V — or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTION I—COVERAGES c. "Bodily injury" or "property damage" which COVERAGE A— BODILY INJURY AND PROPERTY occurs during the policy period and was not, DAMAGE LIABILITY prior to the policy period, known to have 1. Insuring Agreement occurred by any insured listed under Paragraph 1. of Section II —Who Is An Insured a. We will pay those sums that the insured or any "employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim, because of "bodily injury" or "property damage" includes any continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage"after the end of the policy period. any "suit" seeking those damages. However, d. "Bodily injury" or "property damage" will be we will have no duty to defend the insured against any "suit" seeking damages for "bodily deemed to have been known to have occurred injury" or "property damage" to which this at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An insurance does not apply. We may, at our Insured or any "employee" authorized by you to discretion, investigate any occurrence and give or receive notice of an "occurrence" or settle any claim or suit that may result. But: claim: (1) The amount we will pay for damages is (1) Reports all, or any part, of the "bodily injury" limited as described in Section III — Limits or "property damage" to us or any other Of Insurance; and insurer; (2) Our right and duty to defend ends when we (2) Receives a written or verbal demand or have used up the applicable limit of insurance in the payment of judgments or claim for damages because of the "bodily settlements under Coverages A or B or injury or property damage"; or medical expenses under Coverage C. (3) Becomes aware by any other means that No other obligation or liability to pay sums or "bodily injury" or "property damage" has perform acts or services is covered unless occurred or has begun to occur. explicitly provided for under Supplementary e. Damages because of "bodily injury" include Payments—Coverages A and B. damages claimed by any person or b. This insurance applies to "bodily injury" and organization for care, loss of services or death "property damage"only if: resulting at any time from the "bodily injury". (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or other a. Expected Or Intended Injury wrongdoing in: (a) The supervision, hiring, employment, "Bodily injury" or "property damage" expected training or monitoring of others by that or intended from the standpoint of the insured. insured; or This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to (b) Providing failing t provide protect persons or property. transportationn with respect to any person that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily the insured is obligated to pay damages by injury" or "property damage", involved that reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3) contract or agreement. This exclusion does not above. apply to liability for damages: However, this exclusion applies only if you are (1) That the insured would have in the absence in the business of manufacturing, distributing, of the contract or agreement; or selling, serving or furnishing alcoholic (2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion, an "insured contract", provided the "bodily permitting a person to bring alcoholic injury" or "property damage" occurs beverages on your premises, for consumption subsequent to the execution of the contract on your premises, whether or not a fee is or agreement. Solely for the purposes of charged or a license is required for such liability assumed in an "insured contract", activity, is not by itself considered the business reasonable attorneys' fees and necessary of selling, serving or furnishing alcoholic litigation expenses incurred by or for a party beverages. other than an insured are deemed to be d. Workers' Compensation And Similar Laws damages because of "bodily injury" or "property damage", provided: Any obligation of the insured under a workers' compensation, disability benefits or (a) Liability to such party for, or for the cost unemployment compensation law or any of, that party's defense has also been similar law. assumed in the same "insured contract"; and e. Employer's Liability (b) Such attorneys' fees and litigation "Bodily injury"to: expenses are for defense of that party (1) An "employee" of the insured arising out of against a civil or alternative dispute and in the course of: resolution proceeding in which damages (a) Employment by the insured; or to which this insurance applies are alleged. (b) Performing duties related to the conduct c. Liquor Liability of the insured's business; or "Bodily injury" or "property damage" for which (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of any insured may be held liable by reason of: Paragraph (1) above. (1) Causing or contributing to the intoxication of This exclusion applies whether the insured any person; may be liable as an employer or in any other (2) The furnishing of alcoholic beverages to a capacity and to any obligation to share person under the legal drinking age or damages with or repay someone else who under the influence of alcohol; or must pay damages because of the injury. (3) Any statute, ordinance or regulation relating This exclusion does not apply to liability to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 16 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of"pollutants": performing operations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (ii) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes disposed of, or processed as waste by from a "hostile fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or regulatory requirement that any insured equipment that is attached to, or part of, or others test for, monitor, clean up, a land vehicle that would qualify under remove, contain, treat, detoxify or the definition of "mobile equipment" if it neutralize, or in any way respond to, or were not subject to a compulsory or assess the effects of, "pollutants"; or financial responsibility law or other (b) Claim or suit by or on behalf of a motor vehicle insurance law where it is governmental authority for damages licensed or principally garaged; or because of testing for, monitoring, (b) The operation of any of the machinery cleaning up, removing, containing, or equipment listed in Paragraph f.(2) or treating, detoxifying or neutralizing, or in f.(3) of the definition of "mobile any way responding to, or assessing the equipment". effects of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or "property damage" arising out liability for damages because of "property of: damage" that the insured would have in the absence of such request, demand, order or (1) The transportation of"mobile equipment" by statutory or regulatory requirement, or such an "auto" owned or operated by or rented or claim or "suit" by or on behalf of a loaned to any insured; or governmental authority. (2) The use of "mobile equipment" in, or while g. Aircraft, Auto Or Watercraft in practice for, or while being prepared for, "Bodily injury" or "property damage" arising out any prearranged racing, speed, demolition, of the ownership, maintenance, use or or stunting activity. entrustment to others of any aircraft, "auto" or i. War watercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and "loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, actual or expected attack, by any employment, training or monitoring of others by government, sovereign or other authority that insured, if the occurrence' which caused the "bodily injury" or "property damage" using military personnel or other agents; or involved the ownership, maintenance, use or (3) Insurrection, rebellion, revolution, usurped entrustment to others of any aircraft, "auto" or power, or action taken by governmental watercraft that is owned or operated by or authority in hindering or defending against rented or loaned to any insured. any of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to: own or rent; (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or (a) Less than 26 feet long; and any other person, organization or entity, for repair, replacement, enhancement, (b) Not being used to carry persons or restoration or maintenance of such property property for a charge; for any reason, including prevention of (3) Parking an "auto" on, or on the ways next injury to a person or damage to another's to, premises you own or rent, provided the property; "auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if to you or the insured; the "property damage" arises out of any (4) Liability assumed under any "insured part of those premises; contract" for the ownership, maintenance or (3) Property loaned to you; use of aircraft or watercraft; or CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 4 of 16 (4) Personal property in the care, custody or This exclusion does not apply to the loss of use control of the insured; of other property arising out of sudden and (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or .,your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products,Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or (6) That particular part of any property that expense incurred by you or others for the loss must be restored, repaired or replaced of use, withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "property damage" (other than (2) "Your work'; or damage by fire) to premises, including the contents of such premises, rented to you for a (3) "Impaired property"; period of seven or fewer consecutive days. A if such product, work, or property is withdrawn separate limit of insurance applies to Damage or recalled from the market or from use by any To Premises Rented To You as described in person or organization because of a known or Section III—Limits Of Insurance. suspected defect, deficiency, inadequacy or Paragraph (2) of this exclusion does not apply dangerous condition in it. if the premises are "your work" and were never o. Personal And Advertising Injury occupied, rented or held for rental by you. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Electronic Data under a sidetrack agreement. P Damages arising out of the loss of, loss of use Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- of, damage to, corruption of, inability to access, completed operations hazard". or inability to manipulate electronic data. k. Damage To Your Product However, this exclusion does not apply to liability for damages because of"bodily injury". "Property damage" to "your product" arising out As used in this exclusion, electronic data of it or any part of it. means information, facts or programs stored as I. Damage To Your Work or on, created or used on, or transmitted to or "Property damage" to "your work" arising out of from computer software, including systems and it or any part of it and included in the "products- applications software, hard or floppy disks, CD- completed operations hazard". ROMs, tapes, drives, cells, data processing This exclusion does not apply if the damaged devices or any other media which are used work or the work out of which the damage with electronically controlled equipment. arises was performed on your behalf by a q• Recording And Distribution Of Material Or subcontractor. Information In Violation Of Law m. Damage To Impaired Property Or Property "Bodily injury" or "property damage" arising Not Physically Injured directly or indirectly out of any action or "Property damage" to "impaired property" or omission that violates or is alleged to violate: property that has not been physically injured, (1) The Telephone Consumer Protection Act arising out of: (TCPA), including any amendment of or (1) A defect, deficiency, inadequacy or addition to such law; dangerous condition in "your product" or (2) The CAN-SPAM Act of 2003, including any "your work"; or amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, 2. Exclusions ordinance or regulation, other than the This insurance does not apply to: TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that a. Knowing Violation Of Rights Of Another addresses, prohibits, or limits the printing, "Personal and advertising injury" caused by or dissemination, disposal, collecting, at the direction of the insured with the recording, sending, transmitting, knowledge that the act would violate the rights communicating or distribution of material or of another and would inflict "personal and information. advertising injury". Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of by fire to premises while rented to you or Falsity temporarily occupied by you with permission of the "Personal and advertising injury" arising out of owner. A separate limit of insurance applies to this oral or written publication, in any manner, of coverage as described in Section III — Limits Of material, if done by or at the direction of the Insurance. insured with knowledge of its falsity. COVERAGE B— PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period INJURY LIABILITY 1. Insuring Agreement "Personal and advertising injury" arising out of oral or written publication, in any manner, of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages before the beginning of the policy period. because of "personal and advertising injury" to d. Criminal Acts which this insurance applies. We will have the right and duty to defend the insured against "Personal and advertising injury" arising out of any "suit" seeking those damages. However, a criminal act committed by or at the direction we will have no duty to defend the insured of the insured. against any "suit" seeking damages for e. Contractual Liability "personal and advertising injury" to which this "Personal and advertising injury" for which the insurance does not apply. We may, at our insured has assumed liability in a contract or discretion, investigate any offense and settle any claim or"suit"that may result. But: agreement. This exclusion does not apply to liability for damages that the insured would (1) The amount we will pay for damages is have in the absence of the contract or limited as described in Section III — Limits agreement. Of Insurance; and f. Breach Of Contract (2) Our right and duty to defend end when we have used up the applicable limit of "Personal and advertising injury" arising out of insurance in the payment of judgments or a breach of contract, except an implied contract a use nt". is advertising idea in settlements under Coverages A or B or medical expenses under Coverage C. your"advertisement". No other obligation or liability to pay sums or g• Quality Or Performance Of Goods— Failure perform acts or services is covered unless To Conform To Statements explicitly provided for under Supplementary "Personal and advertising injury" arising out of Payments—Coverages A and B. the failure of goods, products or services to b. This insurance applies to "personal and conform with any statement of quality or advertising injury" caused by an offense arising performance made in your"advertisement". out of your business but only if the offense was h. Wrong Description Of Prices committed in the "coverage territory" during the "Personal and advertising injury" arising out of policy period. the wrong description of the price of goods, products or services stated in your "advertisement". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 6 of 16 i. Infringement Of Copyright, Patent, n. Pollution-related Trademark Or Trade Secret Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or the infringement of copyright, patent, regulatory requirement that any insured or trademark, trade secret or other intellectual others test for, monitor, clean up, remove, property rights. Under this exclusion, such contain, treat, detoxify or neutralize, or in other intellectual property rights do not include any way respond to, or assess the effects the use of another's advertising idea in your of, "pollutants"; or "advertisement". (2) Claim or suit by or on behalf of a However, this exclusion does not apply to governmental authority for damages , infringement, in your "advertisement", of because of testing for, monitoring, cleaning copyright, trade dress or slogan. up, removing, containing, treating, j. Insureds In Media And Internet Type detoxifying or neutralizing, or in any way Businesses responding to, or assessing the effects of, "Personal and advertising injury" committed by "pollutants". an insured whose business is: o. War (1) Advertising, broadcasting, publishing or "Personal and advertising injury", however telecasting; caused, arising, directly or indirectly, out of: (2) Designing or determining content of web (1) War, including undeclared or civil war; sites for others; or (2) Warlike action by a military force, including (3) An Internet search, access, content or action in hindering or defending against an service provider. actual or expected attack, by any However, this exclusion does not apply to government, sovereign or other authority Paragraphs 14.a., b. and c. of "personal and using military personnel or other agents; or advertising injury" under the Definitions (3) Insurrection, rebellion, revolution, usurped section. power, or action taken by governmental For the purposes of this exclusion, the placing authority in hindering or defending against of frames, borders or links, or advertising, for any of these. you or others anywhere on the Internet, is not p. Recording And Distribution Of Material Or by itself, considered the business of Information In Violation Of Law advertising, broadcasting, publishing or "Personal and advertising injury" arising telecasting. directly or indirectly out of any action or k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to violate: "Personal and advertising injury" arising out of (1) The Telephone Consumer Protection Act an electronic chatroom or bulletin board the (TCPA), including any amendment of or insured hosts, owns, or over which the insured addition to such law; exercises control. (2) The CAN-SPAM Act of 2003, including any I. Unauthorized Use Of Another's Name Or amendment of or addition to such law; Product (3) The Fair Credit Reporting Act (FCRA), and "Personal and advertising injury" arising out of any amendment of or addition to such law, the unauthorized use of another's name or including the Fair and Accurate Credit product in your e-mail address, domain name Transactions Act (FACTA); or or metatag, or any other similar tactics to (4) Any federal, state or local statute, mislead another's potential customers. ordinance or regulation, other than the m. Pollution TCPA, CAN-SPAM Act of 2003 or FCRA "Personal and advertising injury" arising out of and their amendments and additions, that the actual, alleged or threatened discharge, addresses, prohibits, or limits the printing, dispersal, seepage, migration, release or dissemination, disposal, collecting, escape of"pollutants"at any time. recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C—MEDICAL PAYMENTS d. Workers' Compensation And Similar Laws 1. Insuring Agreement To a person, whether or not an "employee" of a. We will pay medical expenses as described any insured, if benefits for the "bodily injury" below for"bodily injury" caused by an accident: are payable or must be provided under a workers' compensation or disability benefits (1) On premises you own or rent; law or a similar law. (2) On ways next to premises you own or rent; e. Athletics Activities or To a person injured while practicing, instructing (3) Because of your operations; or participating in any physical exercises or provided that: games, sports, or athletic contests. (a) The accident takes place in the f. Products-Completed Operations Hazard "coverage territory" and during the policy Included within the "products-completed period; operations hazard". (b) The expenses are incurred and reported g. Coverage A Exclusions to us within one year of the date of the accident; and Excluded under Coverage A. (c) The injured person submits to SUPPLEMENTARY PAYMENTS—COVERAGES A examination, at our expense, by AND B physicians of our choice as often as we 1. We will pay, with respect to any claim we reasonably require. investigate or settle, or any "suit" against an b. We will make these payments regardless of insured we defend: fault. These payments will not exceed the a. All expenses we incur. applicable limit of insurance. We will pay b. Up to $250 for cost of bail bonds required reasonable expenses for: because of accidents or traffic law violations (1) First aid administered at the time of an arising out of the use of any vehicle to which accident; the Bodily Injury Liability Coverage applies. We (2) Necessary medical, surgical, X-ray and do not have to furnish these bonds. dental services, including prosthetic c. The cost of bonds to release attachments, but devices; and only for bond amounts within the applicable (3) Necessary ambulance, hospital, limit of insurance. We do not have to furnish professional nursing and funeral services. these bonds. 2. Exclusions d. All reasonable expenses incurred by the insured at our request to assist us in the We will not pay expenses for"bodily injury": investigation or defense of the claim or "suit", a. Any Insured including actual loss of earnings up to $250 a To any insured, except"volunteer workers". day because of time off from work. e. All court costs taxed against the insured in the b. Hired Person "suit". However, these payments do not include To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed any insured or a tenant of any insured. against the insured. c. Injury On Normally Occupied Premises f. Prejudgment interest awarded against the To a person injured on that part of premises insured on that part of the judgment we pay. If you own or rent that the person normally we make an offer to pay the applicable limit of occupies. insurance, we will not pay any prejudgment interest based on that period of time after the offer. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 8 of 16 g. All interest on the full amount of any judgment So long as the above conditions are met, that accrues after entry of the judgment and attorneys' fees incurred by us in the defense of before we have paid, offered to pay, or that indemnitee, necessary litigation expenses deposited in court the part of the judgment that incurred by us and necessary litigation expenses is within the applicable limit of insurance. incurred by the indemnitee at our request will be These payments will not reduce the limits of paid as Supplementary Payments. insurance. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury 2. If we defend an insured against a "suit" and an And Property Damage Liability, such payments will indemnitee of the insured is also named as a party not be deemed to be damages for "bodily injury" to the "suit", we will defend that indemnitee if all of and "property damage" and will not reduce the the following conditions are met: limits of insurance. a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indemnitee damages for which the insured has assumed and to pay for attorneys' fees and necessary the liability of the indemnitee in a contract or litigation expenses as Supplementary Payments agreement that is an "insured contract"; ends when we have used up the applicable limit of b. This insurance applies to such liability insurance in the payment of judgments or assumed by the insured; settlements or the conditions set forth above, or c. The obligation to defend, or the cost of the the terms of the agreement described in defense of, that indemnitee, has also been Paragraph f. above, are no longer met. assumed by the insured in the same "insured SECTION II —WHO IS AN INSURED contract"; 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the information a. An individual, you and your spouse are we know about the "occurrence" are such that insureds, but only with respect to the conduct no conflict appears to exist between the of a business of which you are the sole owner. interests of the insured and the interests of the indemnitee; b. A partnership or joint venture, you are an insured. Your members, your partners, and e. The indemnitee and the insured ask us to their spouses are also insureds, but only with conduct and control the defense of that respect to the conduct of your business. indemnitee against such "suit" and agree that we can assign the same counsel to defend the c. A limited liability company, you are an insured. insured and the indemnitee; and Your members are also insureds, but only with respect to the conduct of your business. Your f. The indemnitee: managers are insureds, but only with respect (1) Agrees in writing to: to their duties as your managers. (a) Cooperate with us in the investigation, d. An organization other than a partnership, joint settlement or defense of the"suit"; venture or limited liability company, you are an (b) Immediately send us copies of any insured. Your "executive officers" and directors demands, notices, summonses or legal are insureds, but only with respect to their papers received in connection with the stockholders are also insureds,directors.our officers or but Y only our , duties as with "suit"; respect to their liability as stockholders. (c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are is available to the indemnitee; and also insureds, but only with respect to their (d) Cooperate with us with respect to duties as trustees. coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: c. Any person or organization having proper a. Your "volunteer workers" only while performing temporary custody of your property if you die, duties related to the conduct of your business, but only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership,joint venture or limited (2) Until your legal representative has been liability company) or your managers (if you are appointed. a limited liability company), but only for acts within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such. That of your business. However, none of these representative will have all your rights and "employees" or "volunteer workers" are duties under this Coverage Part. insureds for: 3. Any organization you newly acquire or form, other (1) 'Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability injury": company, and over which you maintain ownership (a) To you, to your partners or members (if or majority interest, will qualify as a Named Insured if there is no other similar insurance you are a partnership or joint venture),to your members (if you are a limited available to that organization. However: liability company), to a co-"employee" a. Coverage under this provision is afforded only while in the course of his or her until the 90th day after you acquire or form the employment or performing duties related organization or the end of the policy period, to the conduct of your business, or to whichever is earlier; your other "volunteer workers" while b. Coverage A does not apply to "bodily injury" or performing duties related to the conduct "property damage" that occurred before you of your business; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership, joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or(b) above; or SECTION III —LIMITS OF INSURANCE (d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations failing to provide professional health and the rules below fix the most we will pay care services. regardless of the number of: (2) "Property damage"to property: a. Insureds; (a) Owned, occupied or used by; b. Claims made or"suits" brought; or (b) Rented to, in the care, custody or c. Persons or organizations making claims or control of, or over which physical control bringing "suits". is being exercised for any purpose by; you, any of your "employees", "volunteer 2• The General Aggregate Limit is the most we will workers", any partner or member (if you are pay for the sum of: a partnership or joint venture), or any a. Medical expenses under Coverage C; member (if you are a limited liability b. Damages under Coverage A, except damages company). because of "bodily injury" or "property damage" b. Any person (other than your "employee" or included in the "products-completed operations "volunteer worker"), or any organization while hazard"; and acting as your real estate manager. c. Damages under Coverage B. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 10 of 16 3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or Limit is the most we will pay under Coverage A for damage arising out of the "occurrence" or damages because of "bodily injury" and "property offense. damage" included in the "products-completed b. If a claim is made or "suit" is brought against operations hazard". any insured, you must: 4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the Advertising Injury Limit is the most we will pay claim or"suit"and the date received; and under Coverage B for the sum of all damages because of all "personal and advertising injury" (2) Notify us as soon as practicable. sustained by any one person or organization. You must see to it that we receive written 5. Subject to Paragraph 2. or 3. above, whichever notice of the claim or "suit" as soon as applies, the Each Occurrence Limit is the most we practicable. will pay for the sum of: c. You and any other involved insured must: a. Damages under Coverage A; and (1) Immediately send us copies of any b. Medical expenses under Coverage C demands, notices, summonses or legal because of all "bodily injury" and "property papers received in connection with the damage"arising out of any one "occurrence". claim or"suit"; 6. Subject to Paragraph 5. above, the Damage To (2) Authorize us to obtain records and other Premises Rented To You Limit is the most we will information; pay under Coverage A for damages because of (3) Cooperate with us in the investigation or "property damage" to any one premises, while settlement of the claim or defense against rented to you, or in the case of damage by fire, the "suit"; and while rented to you or temporarily occupied by you (4) Assist us, upon our request, in the with permission of the owner. enforcement of any right against any 7. Subject to Paragraph 5. above, the Medical person or organization which may be liable Expense Limit is the most we will pay under to the insured because of injury or damage Coverage C for all medical expenses because of to which this insurance may also apply. "bodily injury"sustained by any one person. d. No insured will, except at that insured's own The Limits of Insurance of this Coverage Part apply cost, voluntarily make a payment, assume any separately to each consecutive annual period and to obligation, or incur any expense, other than for any remaining period of less than 12 months, starting first aid, without our consent. with the beginning of the policy period shown in the 3. Legal Action Against Us Declarations, unless the policy period is extended No person or organization has a right under this after issuance for an additional period of less than 12 Coverage Part: months. In that case, the additional period will be deemed part of the last preceding period for purposes a. To join us as a party or otherwise bring us into of determining the Limits of Insurance. a "suit" asking for damages from an insured; or SECTION IV— COMMERCIAL GENERAL LIABILITY b. To sue us on this Coverage Part unless all of CONDITIONS its terms have been fully complied with. 1. Bankruptcy A person or organization may sue us to recover on Bankruptcy or insolvency of the insured or of the an agreed settlement or on a final judgment insured's estate will not relieve us of our against an insured; but we will not be liable for obligations under this Coverage Part. damages that are not payable under the terms of this Coverage Part or that are in excess of the 2. Duties In The Event Of Occurrence, Offense, applicable limit of insurance. An agreed settlement Claim Or Suit means a settlement and release of liability signed a. You must see to it that we are notified as soon by us, the insured and the claimant or the as practicable of an "occurrence" or an offense claimant's legal representative. which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when absence of this insurance; and Paragraph b. below applies. If this insurance is (b) The total of all deductible and self- primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c. below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution (i) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for"your work"; contributes equal amounts until it has paid its (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (iii) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 5. Premium Audit the owner; or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. autos or watercraft to the extent not subject to Exclusion g. of Section I — b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will compute the earned premium for that period (b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid for the policy period is greater have been added as an additional than the earned premium, we will return the insured. excess to the first Named Insured. (2) When this insurance is excess, we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against any "suit" if any other computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer q defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 12 of 16 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory" means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or"suit" is brought. in Paragraph a. above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us damage arises out of: If the insured has rights to recover all or part of (1) Goods or products made or sold by you in any payment we have made under this Coverage the territory described in Paragraph a. Part, those rights are transferred to us. The above; insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses If we decide not to renew this Coverage Part, we that take place through the Internet or will mail or deliver to the first Named Insured similar electronic means of communication; shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a "suit" on the merits, in expiration date. the territory described in Paragraph a. above or in If notice is mailed, proof of mailing will be sufficient a settlement we agree to. proof of notice. 5. "Employee" includes a "leased worker". SECTION V— DEFINITIONS "Employee" does not include a "temporary worker'. 1. "Advertisement" means a notice that is broadcast or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication; and intended to be. b. Regarding web sites, only that part of a web 8. "Impaired property" means tangible property, other site that is about your goods, products or than "your product" or "your work", that cannot be services for the purposes of attracting used or is less useful because: customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, 2. "Auto" means: deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including or agreement; any attached machinery or equipment; or if such property can be restored to use by the b. Any other land vehicle that is subject to a repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contract or agreement. licensed or principally garaged. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: 10."Leased worker" means a person leased to you by a. A contract for a lease of premises. However, a labor leasing firm under an agreement between that portion of the contract for a lease of you and the labor leasing firm, to perform duties premises that indemnifies any person or related to the conduct of your business. "Leased organization for damage by fire to premises worker" does not include a "temporary worker". while rented to you or temporarily occupied by 11."Loading or unloading" means the handling of you with permission of the owner is not an property: "insured contract"; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an aircraft, c. Any easement or license agreement, except in watercraft or"auto"; connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto"; or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft,watercraft or"auto". with work performed for a municipality) under 12."Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment: damage" to a third person or organization. Tort a. Bulldozers, farm machinery, forklifts and other liability means a liability that would be imposed vehicles designed for use principally off public by law in the absence of any contract or roads; agreement. Paragraph f. does not include that part of any b. Vehicles maintained for use solely on or next to premises you own or rent; contract or agreement: (1) That indemnifies a railroad for"bodily injury" c. Vehicles that travel on crawler treads; or "property damage" arising out of d. Vehicles, whether self-propelled or not, construction or demolition operations, within maintained primarily to provide mobility to 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, (1) Power cranes, shovels, loaders, diggers or tracks, road-beds, tunnel, underpass or drills; or crossing; (2) Road construction or resurfacing equipment (2) That indemnifies an architect, engineer or such as graders, scrapers or rollers; surveyor for injury or damage arising out of: e. Vehicles not described in Paragraph a., b., c. (a) Preparing, approving, or failing to or d. above that are not self-propelled and are prepare or approve, maps, shop maintained primarily to provide mobility to drawings, opinions, reports, surveys, permanently attached equipment of the field orders, change orders or drawings following types: and specifications; or (1) Air compressors, pumps and generators, (b) Giving directions or instructions, or including spraying, welding, building failing to give them, if that is the primary cleaning, geophysical exploration, lighting cause of the injury or damage; or and well servicing equipment; or (3) Under which the insured, if an architect, (2) Cherry pickers and similar devices used to engineer or surveyor, assumes liability for raise or lower workers; an injury or damage arising out of the f. Vehicles not described in Paragraph a., b., c. insured's rendering or failure to render or d. above maintained primarily for purposes professional services, including those listed other than the transportation of persons or in (2) above and supervisory, inspection, architectural or engineering activities. cargo. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 14 of 16 However, self-propelled vehicles with the 16."Prod ucts-completed operations hazard": following types of permanently attached a. Includes all "bodilyinjury" and "property equipment are not "mobile equipment" but will be considered "autos": damage" occurring away from premises you own or rent and arising out of your product or (1) Equipment designed primarily for: .,your work"except: (a) Snow removal; (1) Products that are still in your physical (b) Road maintenance, but not construction possession; or or resurfacing; or (2) Work that has not yet been completed or (c) Street cleaning; abandoned. However, "your work" will be deemed completed at the earliest of the (2) Cherry pickers and similar devices mounted following times: on automobile or truck chassis and used to raise or lower workers; and (a) When all of the work called for in your contract has been completed. (3) Air compressors, pumps and generators, including spraying, welding, building (b) When all of the work to be done at the cleaning, geophysical exploration, lighting job site has been completed if your and well servicing equipment. contract calls for work at more than one job site. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory (c) When that part of the work done at a job or financial responsibility law or other motor site has been put to its intended use by vehicle insurance law where it is licensed or any person or organization other than principally garaged. Land vehicles subject to a another contractor subcontractor compulsory or financial responsibility law or other working on the same project. motor vehicle insurance law are considered Work that may need service, maintenance, "autos". correction, repair or replacement, but which 13."Occurrence" means an accident, including is otherwise complete, will be treated as continuous or repeated exposure to substantially completed. the same general harmful conditions. b. Does not include "bodily injury" or "property 14."Personal and advertising injury" means injury, damage"arising out of: including consequential "bodily injury", arising out (1) The transportation of property, unless the of one or more of the following offenses: injury or damage arises out of a condition in a. False arrest, detention or imprisonment; or on a vehicle not owned or operated by you, and that condition was created by the b. Malicious prosecution; "loading or unloading" of that vehicle by any c. The wrongful eviction from, wrongful entry into, insured; or invasion of the right of private occupancy of (2) The existence of tools, uninstalled a room, dwelling or premises that a person equipment or abandoned or unused occupies, committed by or on behalf of its materials; or owner, landlord or lessor; (3) Products or operations for which the d. Oral or written publication, in any manner, of classification, listed in the Declarations or in material that slanders or libels a person or a policy Schedule, states that products- organization or disparages a person's or completed operations are subject to the organization's goods, products or services; General Aggregate Limit. e. Oral or written publication, in any manner, of 17."Property damage" means: material that violates a person's right of a. Physical injury to tangible property, including privacy; all resulting loss of use of that property. All f. The use of another's advertising idea in your such loss of use shall be deemed to occur at "advertisement"; or the time of the physical injury that caused it; or g. Infringing upon another's copyright, trade dress b. Loss of use of tangible property that is not or slogan in your"advertisement". physically injured. All such loss of use shall be 15."Pollutants" mean any solid, liquid, gaseous or deemed to occur at the time of the thermal irritant or contaminant, including smoke, "occurrence"that caused it. vapor, soot, fumes, acids, alkalis, chemicals and For the purposes of this insurance, electronic data waste. Waste includes materials to be recycled, is not tangible property. reconditioned or reclaimed. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data means b. Includes: information, facts or programs stored as or on, (1) Warranties or representations made at any created or used on, or transmitted to or from time with respect to the fitness, quality, computer software, including systems and durability, performance or use of "your applications software, hard or floppy disks, CD- product"; and ROMs, tapes, drives, cells, data processing devices or any other media which are used with (2) The providing of or failure to provide electronically controlled equipment. warnings or instructions. 18."Suit" means a civil proceeding in which damages c. Does not include vending machines or other because of "bodily injury", "property damage" or property rented to or located for the use of "personal and advertising injury" to which this others but not sold. insurance applies are alleged. "Suit" includes: 22."Your work": a. An arbitration proceeding in which such a. Means: damages are claimed and to which the insured (1) Work or operations performed by you or on must submit or does submit with our consent; your behalf; and or b. Any other alternative dispute resolution (2) Materials, parts or equipment furnished in proceeding in which such damages are connection with such work or operations. claimed and to which the insured submits with b. Includes: our consent. (1) Warranties or representations made at any 19."Temporary worker" means a person who is time with respect to the fitness, quality, furnished to you to substitute for a permanent durability, performance or use of "your "employee" on leave or to meet seasonal or short- work"; and term workload conditions. (2) The providing of or failure to provide 20."Volunteer worker" means a person who is not warnings or instructions. your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 16 of 16 A Z' +�3 w H H N rI O N N \ r U w m O M rn 4.) 00 \ N d' Ol N rl r-I Cl K ir-I rl N $-I -�4 N u N U O a LO O H O VI N - o O N o 0 •�I ko 4° O N CV rn 0)z � N �:l N o U) •� W W U) b u p9 °P 1 -r-I +� a coU u] U i•1 N -i C) a a ro L 0 rn ro c 9 rn U) (2) �4 N N O 41 00 O J RS •�' N O �4 U Ln o uui a r 4-4 a� , ° T . co Ln 3 O C >1 IJ I -P " -H N Q) Ln N p 3 9 U N ,Y, N 11 WIMI, + ----_- 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: 5/10/2024 County. Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $59.07 15J 11 P 8Y View Screed King Laborers Airtrac Drill Operator $60.90 15J 11 P 8Y View King Laborers Ballast Regular Machine $59.07 15J 11 P 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 11 P 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 11 P 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 lip 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 lip 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 lip 8Y View King Laborers Pipe Layer (Lead) $62.49 15J lip 8Y View King Laborers Pipe Layer/Tailor $60.15 15J 11 P 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 11 P 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 lip 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 lip 8Y View King Laborers Swinging Stage/Boatswain $50.07 15J lip 8Y View Chair King Laborers Tamper Et Similar Electric, Air Et $60.15 15J lip 8Y View Gas Operated Tools King Laborers Tamper (Multiple Et Self- $60.15 15J 11 P 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $60.15 15J 11 P 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $59.07 15J lip 8Y View King Laborers Topper $59.07 15J 1 11P 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 11 P 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 11 P 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 Signature: Signature: Garin Lee(Jun 12,202407:00 PDT) Kent Parks(Jun 12,202416:06 PDT) Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov Signature: Brian GeveilhaaenDT) Email: bj[evenhagen@kentwa.gov OPS-060724-GrinlineSkatePark-SkateParkRep air Final Audit Report 2024-06-17 Created: 2024-06-07 By: Shayla Ott(sott@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA6jBmOK2_ahCszpk3VYJVzwvQS427H3ki "OPS-060724-GrinlineSkatePark-SkateParkRepair" History Document created by Shayla Ott (sott@kentwa.gov) 2024-06-07-6:15:08 PM GMT Document emailed to glee@kentwa.gov for signature 2024-06-07-6:19:10 PM GMT Email viewed by glee@kentwa.gov 2024-06-12-1:57:29 PM GMT Signer glee@kentwa.gov entered name at signing as Garin Lee 2024-06-12-2:00:12 PM GMT Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date:2024-06-12-2:00:14 PM GMT-Time Source:server Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature 2024-06-12-2:00:18 PM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-06-12-11:01:50 PM GMT ='U Document e-signed by Kent Parks (parkscontracts@kentwa.gov) Signature Date:2024-06-12-11:06:47 PM GMT-Time Source:server Document emailed to bjlevenhagen@kentwa.gov for signature 2024-06-12-11:06:50 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-06-12-11:48:06 PM GMT Powered by Adobe �/KENT Acrobat Sign Q Signer bjlevenhagen@kentwa.gov entered name at signing as Brian levenhagen 2024-06-13-7:49:31 PM GMT L f6 Document e-signed by Brian levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-06-13-7:49:33 PM GMT-Time Source:server Document emailed to James Klinedinst(fames@grindline.com)for signature 2024-06-13-7:49:37 PM GMT Email viewed by James Klinedinst Qames@grindline.com) 2024-06-17-7:50:33 PM GMT 00 Document e-signed by James Klinedinst(fames@grindline.com) Signature Date:2024-06-17-8:47:39 PM GMT-Time Source:server ® Agreement completed. 2024-06-17-8:47:39 PM GMT Powered by �s Adobe �/KENT Acrobat Sign