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AG 11-2015c.)„, \ C <73\,2\-- Ytc RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ?A. ks p� P i ORIGINATING STAFF PERSON: k /, TrO>J TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE IX CONTRACT AMENDMENT (AG #): / / -z e / 8 ❑ OTHER EXT: 61 /0 3. DATE REQ. BY: PROJECT NAME: 6;5 ore i)ie-AL 4124, 2ooi' "4 %A.,Te-',40 - 4kg /11/4 CA/ 0/12CA i No ,j 1.4..N.:45,,, \ cu L c r NAME OF CONTRACTOR: (,c�ii f G /2.00tinc� ` ' � � l �E)1 l am' ADDRESS: TELEPHONE 7. ,13 - 4'72 -.32./ E -MAIL: &it; y A.f,Raof} 0pi.r v. Lo M FAX: SIGNATURE NAME: -07.,,, fir GJi %yL i- TITLE t/; a 1,,t...1') oc., -r EXHIBITS AND ATTACHMENTS: ,fd' SCOPE, WORK OR SERVICES p COMPENSATION c.A INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS (Z PROOF OF AUTHORITY TO SIGN p REQUIRED LICENSES .L2 PRIOR CONTRACT /AMENDMENTS !L. 11111velt.1•111L:4,3 TERM: COMMENCEMENT DATE: Nov /6 / 20/7 COMP' ETION DATE: Na v /% 20 / 7 15c,,ut L 4 50)10u + 51ocio = , a4o .ozi TOTAL COMPENSATION $ BOR (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY A CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 5O5'f V - 33)""5 )8 - 317 -L Z v 0. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER Kf DIRECTOR FJ,GsQ 23/1/0 ❑ RISK MANAGEMENT (IF APPLICABLE) !� LAW fiF 19 Ai 2.617 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ` 1 DATE RECD: / 1 5 I I ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 1 5 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTI CAT I LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) 4LAW DEPARTMENT ierSIGNATORY (MAYOR OR DIRECTOR) " CITY CLERK-- les ASSIGNED AG# if SIGNED COPY RETURNED INITIAL / DATE SIGNED 1S A 2o1� -1M1101110ralinkt GRAW E SENT: O -I (p -1 :OMMENTS: ADDiN6 S6/ boo �o Cr++TO.4-cr 141), "oJc 1 6 y 1010‘.1/ i n 20/7/ZOa Ij��/fo� A•.._ Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cilyoffederalway.com AMENDMENT NO. 3 TO MAINTENANCE AGREEMENT FOR CITY OF FEDERAL WAY ROOF MAINTENANCE This Amendment ( "Amendment No. 3 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Lawson Contracting, LLC DBA Wright Roofing, a Washington limited liability corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for City of Federal Way Roof Maintenance ( "Agreement ") dated effective November 22, 2011, as amended by Amendment No(s). 1 and 2, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate, for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] - 1 - 3/2017 4., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. corn N WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY O EDERAL By: ‘11 Jim Ferrell, Mayor DATE: 8\ Vi 1 \� ATTEST: ourtney, C , City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney LAWSON CONTRACTING, LLC DBA WRIGHT ROOFING: By: Printed Name: /2y im ) Title: OW/(/_ Date: g —/✓"-- / 7 STATE OF WASHINGTON ) ) ss. COUNTY OF N (7 ) On this day personally appeared before me (NIA U\1r 20 , to me known to be the 1�W1r\t{ of Lt1W�,v1,1 h N\AYG' that executed the foregoing instrument, and acknowledged the said instrument to be the free nd voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated th. she was authorized to execute said instrument. 1 GIVEN m\ykk 4\4nd official seal this C day of uk,\*- E. MARS , i ���.'`oN'EXAyy'''''i Notary's signature i . .J " i.► fl ay 01 k ���0 4 Notary's printed name. f 5 ? _ - s Z % T, ' in and for the Stagy of Washington. u''ue��,�o� M TO expires L) 1 j 1 %ti141 / `P.`!igh, 3-19 -`�� z Ilia ' ' 1. OF ?IN' `• , 201. AMENDMENT - 2 3/2017 CITY OF A•.- Federal Way EXHIBIT B -3 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Fifty Thousand Nine Hundred and NO /100 Dollars ($50,900.00), and Washington State sales tax equal to Five Thousand Ninety and NO/ 100 Dollars ($5,090.00) for a total of Fifty -Five Thousand Nine Hundred Ninety and NO /Dollars ($55,990.00). The total amount payable to the Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Five Thousand Nine Hundred Ninety and 02 /Dollars ($205,990.02). 2. Method of Compensation: Work will be invoiced using the following rates and all applicable employees must be paid a minimum of current Washington State prevailing wages. The rate structure (hourly vs. square footage) to be determined prior to each job scheduled and at the sole discretion of the City of Federal Way: Hourly rate bid: (not including WSST) Projects up to 8 hrs /day $75.00 per hour OT rate over 8 hrs $105.00 per hour Saturday hourly rate $75.00 per hour Sunday hourly rate $170.00 per hour Materials charged at 15% mark up above wholesale cost. When requested, the contractor will supply wholesale invoice to backup billing documentation. Square foot bid: The minimum size for repairs, if any, is 5.50 square feet. Removal of an existing roofing section down to the plywood deck and replaced with equal or better materials (not including WSST) for: 1. Built up asphalt roofing to included possible insulation board and a mineral cap sheet $8.90 sq ft. 2. Architectural asphalt shingle roofing $4.20 sq ft. Plywood replacement: 1. Removal of rotted plywood roof deck and replace with matching materials $2.75 sq ft. AMENDMENT 3 - 3/2017 • ROOF2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 8/15/2017 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 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 CONTACT Diane Harding PHONE 800 499 -0933 FAX 866 577 -1326 (A/C, No, Ext): (A/C, No): E-MAIL - diane.harding@propelinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: First Mercury Insurance Company 10657 INSURED Lawson Contracting, LLC. dba: Wright Roofing PO BOX 9339 Tacoma, WA 98490 INSURER B, National Union Fire Ins Co of P 19445 INSURER c : Alaska National Insurance Compa 38733 INSURER D : $1,000,000 INSURER E : PR MISES (Ea oaurrrrence) INSURER F : • 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM /DDY/YYYY) EXP (MM /DDY/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X CACGL000007304401 05/26/2017 05/26/2018 EACH OCCURRENCE $1,000,000 $ 50,000 PR MISES (Ea oaurrrrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded X BI /PD Ded:5,000 PERSONAL & ADV INJURY $1,000,000 $2,000,000 GENERAL AGGREGATE GENII AGGREGATE POLICY OTHER: X LIMIT APPLIES JECRO- T PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS x X SCHEDULED AUTOS NON -OWNED AUTOS X X 17EAS10174 05/26/2017 05/26/2018 (E° accidentSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B x UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EBU06123947 05/26/2017 05/26/2018 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 $ DED RETENT ON $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A CACGL000007304401 WA Stop Gap Only 05/26/2017 05/26/2018 STATUTE FR OTH- E.L. EACH ACCIDENT $1,000,000 $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Operations performed by the Named Insured. City of Federal Way tY y Attn: Robert Ettinger, Dumas Bay Centre Mgr 3200 SW Dash Pt Road Federal Way, WA 98023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) 1 of 1 #S2816750/M2720626 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KTROO This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization 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 be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. CG 20 33 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage ", or the offense which caused the "personal and advertising injury', involved the rendering of or the failure to render any professional architectural, engineering or surveying services. © Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 33 04 13 POLICY NUMBER: 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 As required by written contract executed prior to Any location where "your work" is performed, but the "bodily injury" or "property damage ". only with respect to completed operations covered under this policy for "Commercial Construction ". "Commercial Construction" means all construction activity that is not "Residential Construction ". "Residential Construction" means any construction operations, work or activities performed on any "residential property". "Residential property" means any of the following types of buildings, units or structures: single or multi - family dwellings, condominiums, townhomes including zero lot line townhomes, cooperative apartments, time - shared properties, and the entirety of any commercial or mixed use building, unit or structure of which any of the foregoing forms a part. "Residential property" also includes any common areas and infrastructure associated with any of the foregoing. Any building, unit or structure that becomes or is converted to "residential property" shall be deemed to be "residential property" as of the date of its original construction. "Residential property" does not include apartments that are not any of the foregoing and that are intended to be leased or rented out to others. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 04 13 However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the 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. © Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 07 04 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SUBJECT TO A TOTAL POLICY AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any project: 1) covered under this policy; and 2) required by written contract with you to be subject to a separate General Aggregate limit.) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the Declarations of this policy. 2. Subject to the Total Policy Aggregate Limit, the Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Subject to the Total Policy Aggregate Limit, such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and the Total Policy Aggregate Limit. FM IC -G L- 2017(09/2016) Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under COVERAGE A (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. 3. Such payments will reduce the Total Policy Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Designated Construction Project General Aggregate Limit or the Total Policy Aggregate Limit. D. The Total Policy Aggregate Limit scheduled in the Declarations of this policy is the most we will pay for the sum of: (a) all damages covered under this policy and falling within the scheduled Designated Construction Projects(s) General Aggregate Limits described in Paragraph A. of this endorsement; and, (b) all damages covered under this policy and falling within the General Aggregate Limit, as described in Paragraph B. of this endorsement and as set forth in the provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement. The Total Policy Aggregate Limit applies regardless of the sums indicated in the Declarations for the General Aggregate Limit or Designated Construction Projects(s) General Aggregate Limit, and applies to all locations(s) set forth in the Schedule above. The Total Policy Aggregate Limit applies collectively, rather than separately, to all of your scheduled locations. The Total Policy Aggregate Limit is not reduced by payments for damages covered under this policy and falling within the "products-completed operations hazard," but such payments will reduce the Products - Completed Operations Aggregate Limit, as described in Paragraph C. of this endorsement. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Countersigned by FMIC -GL- 2017(09/2016) Page 2 of 2 Named Insured 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 Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement prior to the injury or damage that this insurance and would not seek contribution from any other insurance available to the additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. insured under would be primary such contract or This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Named Insured FMIC -GL- 1002(10/2015) Policy No. Endorsement No. Countersigned by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Person or Organization: Any person or organization you have agreed in a written contract to add as an additional insured on your policy provided the written contract is executed prior to the "bodily injury", "property damage" or "personal and advertising injury" Effective Date: The later of the effective date of this policy, the date of this endorsement, or the date on which your work" first started on the project to which this endorsement applies, but in no event later than the policy expiration date or applicable earlier termination date of this policy The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations. This endorsement applies only: 1. to ongoing operations performed by the Named Insured for the person or organization named above on or after the effective date of this endorsement; and 2. when you and such person or organization have agreed in writing in a contract or agreement entered into prior to the loss or occurrence that such right of recovery is waived; and 3. when the "suit" for damages against the person or organization in the Schedule is based on the Named Insured's sole negligence. Subrogation shall not be waived with respect to any liability arising directly or indirectly out of any of the following actions of persons or organizations named above: 1. "Professional services "; 2. Modifying or changing specifications without the express written consent of the Named Insured; or 3. Any activities beyond the scope of monitoring the progress of the Named Insured. For the purposes of this endorsement, "professional services" includes but is not limited to the following: 1. Preparing, approving, recommending, or failing to prepare, approve, or recommend maps, drawings, opinions, reports, surveys, change orders, designs, specifications, hazard assessment plans, response actions, abatement methods or products, air monitoring plans, or insurance requirements; 2. Supervisory, inspection, training, or engineering services; and /or 3. Monitoring, testing, analysis, legal, accounting, architectural, medical, processing, consulting, or advisory services. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FM I C -G L- 2490 (10/2 013 ) This page has been left blank intentionally. Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us ", and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — DEFINITIONS in the Business Auto Coverage Form. The coverages provided by this endorsement apply per "accident" and, unless otherwise specified, are subject to all of the terms, conditions, exclusions and deductible provisions of the policy, to which it is attached. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include: d. Any "employee" of yours while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. e. Any person or organization for whom you have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of "autos" covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. SECTION IV — Business Auto Conditions, Paragraph A. 5. — Transfer of Rights of Recovery Against Others To Us is amended to include: 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s) to the extent that subrogation against that person or organization is waived prior to the "accident" or the "loss" under a contract with that person or organization. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.a. (2) — Supplementary Payments is replaced by the following: (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.a. (4) — Supplementary Payments is replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, induding actual loss of earnings up to $500 a day because of time off from work. ANIC CA 1150 10 13 Page 1 of 4 Alaska National INSURANCE COMPANY SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.c. — Voluntary Property Damage is added as follows: c. Voluntary Property Damage At your written request, we may make a voluntary payment for Property Damage caused by an "insured ", but without liability to a third party, up to $25,000. We will not make a Voluntary Property Damage payment to anyone who is an "insured" under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.2. — Towing is replaced by the following: Towing We will pay up to $500 for towing and labor costs incurred each time a covered "auto" that is a: a. Private passenger; b. Truck; c. Pick -up truck; d. Panel ; or e. Van type vehicle under 20,000 lbs. of Gross Vehicle Weight is disabled. However, the labor must be performed at place of disablement. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.3. — Glass Breakage — Hitting a Bird or Animal — Falling Objects or Missiles is replaced by the following: Glass Breakage — Hitting a Bird or Animal — Falling Objects or Missiles If you carry Comprehensive Coverage for the damaged covered "auto ", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. Glass Repair — Waiver of Deductible No deductible applies to glass breakage, if the glass is repaired rather than replaced. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. — Transportation Expenses is replaced by the following: a. Transportation Expenses We will pay up to $200 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" that is a: (1) (2) (3) Private passenger; Truck; Pick -up truck; (4) Panel; or (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss ". ANIC CA 1150 10 13 Page 2 of 4 Alaska National I N S U R A N C E COMPANY SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.b. — Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses — Hired, Rented, or Borrowed Automobiles We will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle hired, rented or borrowed without a driver under a written rental contract or agreement. We will pay for loss of use expenses, if caused by: (1) Other than Collision, only if the Declarations indicate that Comprehensive Coverage is provided for the vehicle withdrawn from service. (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for the vehicle withdrawn from service. (3) Collision only if the Declarations indicate that Collision Coverage is provided for the vehicle withdrawn from service. However, the most we will pay for any expenses for loss of use is $200 per day, to a maximum of $1,500. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.c. — Non - Transportation Loss of Use Expenses is added as follows: c. Non - Transportation Loss of Use Expenses We will pay up to $2,000 for non - transportation expense incurred by you, because of "loss" to a covered "auto ", if caused by: (1) Other than Collision, only if the Declarations indicate that Comprehensive Coverage is provided for the "auto" withdrawn from service; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for the "auto" withdrawn from service; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for the "auto" withdrawn from service. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.d. — Airbag Coverage is added as follows: d. Airbag Coverage We will pay for the cost to repair, replace, or reset an airbag that inflates for any reason other than as a result of a collision, if the Declarations indicate that the covered "auto" has Comprehensive Coverage or Specified Causes of Loss Coverage. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.e. — Rental Reimbursement Coverage is added as follows: e. Rental Reimbursement Coverage We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto" that is a: (1) Private Passenger; (2) Truck; (3) (4) Panel; or (5) Van Pick -up truck; type vehicle under 20,000 lbs. of Gross Vehicle Weight. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto ". No deductibles apply to this coverage. ANIC CA 1150 10 13 Page 3 of 4 Alaska National I N S U R A N C E COMPANY (1) We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto ". (b) 30 days. (2) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (3) The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.2. — Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure to Disclose Hazards at the end of Paragraph B.2. as follows: Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.5.b. — Other Insurance is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent, or borrow; and (2) Any covered "auto — hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". SECTION V — DEFINITIONS — Paragraph C. — "Bodily injury" is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Mental anguish means any type of mental or emotional illness or disease This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Insured Countersigned By Policy No. Endorsement No. © Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4 Corporations: Registration Detail - WA Secretary of State Page 1 of 1 A SCAM ALERT: The Department of Revenue's Business Licensing Service is currently the sub- ject of an email phishing scam targeting businesses. Get more information and learn how to avoid this scam... (http: / /www.dor.wa.gov/ Content /AboutUs /BLSphishingscam.aspx) LAWSON CONTRACTING LLC UBI Number 603505236 Category LLC Active /Inactive Active State Of Incorporation WA WA Filing Date 05/11/2015 Expiration Date 05/31/2018 Duration Perpetual Registered Agent Information Agent Name BEAN GENTRY WHEELER & PETERNELL PLLC Address 910 LAKERIDGE WAY SW City OLYMPIA State WA ZIP 985020000 Special Address Information Address 910 LAKERIDGE WAY SW City OLYMPIA State WA Zip 985020000 Goveming Persons (as defined in RCW 23.95. 105 (12) (ht pi/ appJegwa ,gov/RCW /supdefaulkaspx ?dte 23.95.105)) Title Name Governor LAWSON , RYAN https:// www. sos. wa. gov / /corps /search_detail.aspx ?ubi = 603505236 8/10/2017 II RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV:PARKS DEPARTMENT 2. ORIGINATING STAFF PERSON:ROB ETTINGER EXT: 2002 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION x CONTRACT AMENDMENT(AG#):11-201 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:CITY OF FEDERAL WAY ROOF MAINTENANCE 6. NAME OF CONTRACTOR:NAME OF CONTRACTOR:WRIGHT ROOFING ADDRESS:6035 S.ADAMS,TACOMA,WA 98409 TELEPHONE 253-472-3321 E-MAIL: WRIGHTROOFING @MSN.COM FAX:253-474-5423 SIGNATURE NAME:JENNIFER WRIGHT TITLE VICE PRESIDENT 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE:NOVEMBER 16,2011 COMPLETION DATE:NOVEMBER 11,2017 9. TOTAL COMPENSATION N/A (INCLUDE EXPENSES AND SALES TAX,IF ANY) '" N L C (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED X YES ❑NO IF YES,N/A PAID BY:❑CONTRACTOR X CITY CI PURCHASING: PLEASE CHARGE TO: -i 10,Q _ 31-S i 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED t$PROJECT MANAGER 4:1 712,o//c ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 312 6 i 174Its 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING t..j % ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: /g5/ DATE REC'D: / L i /t S ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED XS LAW DEPARTMENT 7 C K , r HIEF OF STAFF ' IGNATORY(MAYOR OR DIRECTOR) �� CITY CLERK /11'1101tfC ASSIGNED AG# A - -11,1.711 (1 [SIGNED COPY RETURNED DATE SENT: O'- 2(1 1 c COMMENTS: AMEDING CONTRACT TO EXTEND THE TERM. NO ADDITIONAL FUNDS ARE BEING ADDED AT THIS TIME. 11/9 ` CITY OF CITY HALL Federal Way r,„..., 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.corn AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT FOR CITY OF FEDERAL WAY ROOF MAINTENANCE This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"),and Wright Roofing Inc.,a Washington corporation("Contractor"). The City and Contractor (together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for City of Federal Way Roof Maintenance ("Agreement") dated effective November 16, 2011 as amended by Amendment No (1) on September 27, 2012 as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than November 16, 2017 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto,after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2015 ` CITY OF CITY HALL 411.„4 _,.. Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: • By: / ,vim .■%1'/,'I/ IL. 4JI.111L_ Jim Fe. - , / yor lerk, Stephanie Court -y C DATE: Y/205 APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall WRIGHT ROOF I► _ By: ,L' Prin d Name; Jenne Title: ice P esident DATE: 4/14/15 STATE OF WASHINGTON ) ss. COUNTY OF Pierce ) On this day personally appeared before me Jennifer Wright , to me known to be the Vice President of Wright Roofing, Inc. that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 14 day of April , 201 , ,.' �\E W 1?W', Notary's signature -� ►�►... �-- � yow Notary's printed name Bunnie Wrigh "cs' Notary Public in and for the State of Washington. �.Y = z My commission expires 10/29/16 N� PUBS,cic • ....,, AA ,,,,,,,W O,l' AMENDMENT -2 - 1/2015 Client#:8660 •ROOF ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)6/20/2014 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 Wendy Parsons Propel Insurance PHONE 800.499.0933 FAX 866.577.1326 (A/C,No,Ext): (A/C,No): Tacoma Commercial Insurance E-MAIL ro elinsurance.com 1201 Pacific Ave,Suite 1000 ADDRESS: WI P @P P Tacoma,WA 98402 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Continental Casualty Company 20443 INSURED INSURER B:American Casualty Co of Reading Wright Roofing Inc. INSURER c PO Box 9339 INSURER D: Tacoma,WA 98490 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDY�) (MM/LDD/YYEYYY) LIMITS A GENERAL LIABILITY X ! X 4016325322 05/20/2014 05/20/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY pAMAGE TO RENTED $100,000 PREMISES Ea occurrence) CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X PD Ded:25,000 PERSONAL&ADV INJURY $1,000,000 X Stop Gap GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC • $ JECT B AUTOMOBILE LIABILITY 4016325336 05/20/2014 05/20/2015(Ee aocieeot)INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL AUTOS OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident X Drive Oth Car $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB I CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ _ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) THIS CERTIFICATE REPLACES ANY AND ALL PREVIOUSLY ISSUED CERTIFICATES. RE:City of Federal Way Roof Maintenance. City of Federal Way is named as additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Jason H Gerwen ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9718 Federal Way,WA 98063-9718 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of f The ACORD name and logo are registered marks of ACORD #S1433228/M1432129 CJ00 RETURN TO: �r � EXT: 2 v CITY OF FED�RAL WAY LAW DEPARTMENT ROUTING FORM i. ORIGINATING DEPT./DIV: PRCS/DuMAS Bnv CetvTRE 2. ORIGINATING STAFF PERSON: RoB ETT[t�ceR EXT: 2002 3. DATE REQ. BY: 4. TYPE OF DOCUMENf (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCLTMENT (s.c. soNn �er.arEO oocun2EN�rs► ❑ ORDINANCE � ❑ RESOLUTION x CONTRACT AMENDMENT (AG#):11-201 ❑ INTERLOCAL ❑ OTHER S. PROJECT NAME: CITY OF FEDERAL WAY ROOFMAINTENANCE 6. NAME OF CONTRACTOR: WR[�t�'[' RooF[t�1G ADDRESS: 6035 S. AnwMS, TncoMn, WA 98409 TELEPHONE 253-472-3321 E-MAIL: WRIGHTROOFING�MSN.COM FAX:253-474-5423 SIGNATURE NAME: JErnv�ER Wx[c�rr TITLE VtcE P[�s[�Errr 7. EXHIBTTS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION I�INSURANCE REQUIREMENTS/CERTiFICATE O ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORfCY TO SIGN ❑ REQUIRED LICENSES �iPRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: S°`^"'� { COMPLETION DATE: S°i""" `C 9. TOTAL COMPENSATION $$150,000.02 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AN D HOLIDAY RA'i'ES) REIMBURSABLE EXPENSE: O vES ❑ NO tF YES, MAXIMUM DOLLAR AMOUNf: $ IS SALES TAX OWED X YES ❑ NO IF YES, $11,287.22 PAID BY: ❑ CONTRACTOR X CITY Or �i�r � 1W 5�-. �` G. ❑ PURCHASING: PLEASE CHARGE TO: �bJ11 op ��31� 5 ������ �Sv � n�.,+� h 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED I1�TITIAL / DATE APPROVED �' PROJECT MANAGER -�•-'��-- �'! i � � Z_ �DIRECTOR (%7✓�� Z %(2 RISK MANAGEMENT (IF APPL[CABLE) �S LAW �� q' • Z O' W� ,\ ����(���� 11. COUNCIL APPROVAL ((F APPL[CABLE) COMMITTEE APPROVAL DATE: � Z COUNCIL APPROVAL DATE: ___��,*"�_ 12.�ONTRACT SIGNATURE ROUTING � Gj �� /1,� SENTTO VENDOR/CONTRACTOR DATE SENT: _� %l� � DATE REC'D: � � ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFI AT , LIC�NSES, EXHIBITS LAW DEPARTM SIGNATORY MAVO R DIR�ECT�O ) �CITY CLERK ASSIGNED AG# '�SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED z�t IL AG# �1 �} DATE SENT: �'Z'f--�Z 11/9 �I�y� ,p� CITY H,�.L� �r „' ��A � 33325 8th �avenue Sr�uth Federa[ Way, '�rd1A 98003-6325 �� M� dFr�"` (2�3} 835-7€�00 sv�;�v: citYOttE;ci�:r�r��rv�r3y cc�+n AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR CITY OF FEDERAL WAY ROOF MAINTENANCE This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Wright Roofing Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for City of Federal Way Roof Maintenance ("Agreement") dated effective November 16, 2011, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in E�ibit "B-1", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor sliall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section I3 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follo�s] AMENDMENT - 1 - 1 /2010 c��r�r o� � ���s �' r 1 ciT�' F-1,�,�� � 333�� 3th Aven��e South Federal ;�"ay, �t'e�A ��003-6325 (^c�3} 835-70�Q :v��vuv- citV�itecitr�rivvz�y� c�rr1 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: (� Skip Pries Mayor DATE: ��"t-rr�' ��I , Z C� I Z WRIGHT ROOFING INC. I� Pnn Title: DATE: 09/24/2012 STATE OF WASHINGTON ) ) ss. COUNTY OF Pierce ) ATTEST: ity Clerk, Carol McNeil y, CMC APPROVED AS FORM: ��'- City Att y, Patricia A Richardson On this day personally appeared before me Jennifer Wright , to me known to be the Vice President o f Wright Roofing, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instniment and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 24th day of September , 2012. Notary's signature Notary's printed name Bunnie Wright Notary Public in and for the State of Washington. My commission expires � �� Za> >2_ AMENDMENT - 2 - 1 /2010 C1�"Y d� �� �� ��I ���.. � ,,za•�.;. CITY F1r�,L� �� 33325 �th �,venue S��tth �ederal aFVay�, l�'e!A 98�03-6325 �2�3j 835—iC��{? tiv�r�ro: c.r� nftszftr�%�v,ay cc�rr3 EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for Services, the City shall pay the Contractor an additional amount not to exceed One Hundred Eighteen Thousand Eight Hundred Twelve and 80/104 Dollars ($118,812.80) and Washington State sales tax equal to Eieven Thousand Two Hundred Eighty Seven and 22/100 Doilars ($11,287.22) for a total of One Hundred Thirty Thousand One Hundred Dollars and 02/100 ($130,100.02). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Fifty Thousand Dollars and 02/100 Dollars ($150,000.02). AMENDMENT - 3 - 1 /2010 Client#: 8668 WRIGROOF DATE (MM/DD/YYYY) ACORD.M CERTIFICATE OF LIABILITY INSURANCE 09/19/2072 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlficate holder is an ADDITIONAL INSURED, the policy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certiflcate holder in lieu of such endorsement(s). PRODUCER Propei Insurance Tacoma Commercial Insurance 1201 Paciflc Ave, Suite 1000 Tacoma, WA 98402 INBURED Wrlght Roofing Inc. PO Box 9339 Tacoma, WA 98480 Shannan Broughan q; 800 499-0933 �ac, No�: 866.577.1326 sb@propelinsu rance.com INSURER(SI AFFORDING COVERAGE NAIC Insurance COVERAGES CERTIFICATE NUMBER: REVISION NUMBERs THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE �DL UBR POLICY EFF POLICY EXP ��MR$ LTR POLICY NUMBER MM/DDM'YY MM/DD/YYYY A GENERAL LIABILITY X X 4016325322 5/06/2012 05/06/201 EACH OCCURRENCE s 1 000 000 X COMMERCIAL GENERAL LIABILtTY PREMISES Ea occurrence $ � OO OOO CLAIMS-MADE � OCCUR MED EXP An one person 35 O00 X PDDed:S�OOO PERSONALBADVINJURY 3i OOOOOO GENERALAGGREGATE SZ OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG SY OOO OOO POUCY X PRa LOC a jl� AUTOMOBILE LIABILITY X 4016325336 5/06/2012 05/06/201 � ex�ldeD SINGLE LIMIT ��000 000 ANY AUTO BODILY INJURY (Per peraon) $ ALL OWNED 3CHEDULED BODILY INJURY (Per accWent) $ AUTOS X NON�OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS P r a ident X �Ive Oth Car S g X UMBRELLA LIAB X occuR 4016325353 5/06/2012 05/06/201 EACH OCCURRENCE s5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $S OOO OOO DED X RETENTION$�OOOO $ WORKERS COMPENSATfON WC STATU- OTH- AND EMPLOYERS' LIABILITY Q ANY PROPRIETOR/PARTNERIEXECUTIVE� 4016325322 5/06/2012 OS/06/201 E.l. EACH ACCIDENT a1 000 000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S if yes� describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY UMIT S C Pollution Liab 12CPL00032 9/18/2012 05/06/201 E1,000,000 A Inst. Floater 4076325322 5/06/2012 05/06/201 �507,877 DESCRIPTiON OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additlonal Remarks Sehedule, If more space Is required) RE: City of Federal Way Roof Maintenance. City of Federal Way ts named as additio�al insured per the attached endorsement. City of Federal Way THE u XPIRAT NH DA�TE VTHEREOF, E NOTCEIEWILL CBE CDELNE ED NE A�11: Jason H Gerwen ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9718 Federal Way, WA 98063-9718 AUTHORIZED REPRESENTATIVE �� ��.�. � 1988-2010 ACORD CORPORATION. AII rights �eserved. ACORD 25 (2070/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #5986932IM986907 MSB00 , Wright Roofing Inc. 4016325322 G-18652-f ��� (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. CONTRACTORS` GENERAL LIABILITY EXTENS[ON ENDORSEMENT This endorsement modifies insurance provided undar the foilowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an addiEional insured on any ather endorsement now or hereafiter attached to this Coverage Part. SCHEDULE ' Coverages are s�mmarized below. For particulars and limitations affec�ng each cowerage, please refer to the carresponding policy provisions in the body of this endorsement 1. Miscellsneous Additional Insureds 7 additional insured extensions. 2. Emplayees As Insure8s — Ftealth Care Services 3. Joini VentureslPartnership/Limited Liability Companies Coverage for your interest in suci► terminated a� ended arganizat€ons. 4. Expanded Personal And Advertising Injury 5. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accidenG 6. Legal Liabii[ty And Borrowec[ Equipment Extended perils. Limit increased to $2Q0,000 for Dsrnage ta Premises Rented To You T. IVon-Qwned Watercraft Increased to 55 feet. 8. Non-owned Aircraft Coverage 9. Coritractual Liability For Personai And Ad�ertising lnjury 1fl. Supplementary Payments Gast of bail bands (ncreased to $2,500. Daily loss of eamings increased to $1,000. ,'f'l. �iquor Liability Co�erage Extension 12. Newly Formed Or Acquired Organizations Coverage extended ta the end of the policy period. 13. Liberalization Clause 14. U�intentional Fa[lure To Disclose Hazards 15. Notice af Occurrence 16. Broad Knowledge of Occurrence 17. Aggregate Umits Per Preject 18. Bodily Inj�ry — Extensian of Coverage 19. Expected Or Intended Injury Reasonabl� force — bodily injury or property damage. �0. Wrap-Up Ext�nsion 21. Contractual Liabiltty — Railroads Expanded definitian of "fnsured contract" 2Z. Blanket Waiver of Subrogation Waiver of subrogation where requlred by written contract or written agreement 23. In Rem Actions G-18852-I Includes s:opyr6ghted material aF Insurance Services Office, Inc., with its permission. PB�E 1 Of 8 (Ed. 07/09) Wright Roofing Inc. 4016325322 ��� 1. MISCELLANEOUS ADDITIONAL 1(VSIJREDS Section 11 Who Is An Insured is amended fo include as an insured any persan or organization (called additional insured) described fn Patagraphs 2.a. through 2.g. below whom you are required to add as an additianal insured on this policy under a written contract or w�itten agreemen�. However, the written contract or written agreement must be: 1. CuRentiy in effect or becoming efFective during the term of this policy; and 2. Executed prior to the "bodily injury," "properly damage" or "personal inj�try and adve�tising injury," but Only the following persons or organ(zativns are additlonal insttreds under this endarsement and caverage provided to such additiona! insureds is limited as provfded herein: a. 5tate or Governmental Agency ar Subdivision or Political 5ubdi�isfons G-18652-{ (Ed. 07l09) A state or governrnental agency or subdivision or political subdivisiort subject to the fflllawing provisions: (1 j Thfs insurance applies onEy with respect to the following hazards for which the state or gavernmental agency or subdivisEon or political subdivision has issued a permit or authorization in connectian with premises you own, rent, or controi and to which this insurance applies: (a) The existence, maintenance, repa€r, const�uctivn, erectian, or removal of adve�tising slgns, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decoratians and similar exposures; or (b) The construction, erection, or remova! of elevators; or �2j This insurance appfies vnly with respect to operations perfprmed by you or on your behalf for which the . stafe or governmental agency ar subdivision or political subdivision has issued a pennit or author�zation. G-18652-i (Ed. 07/09) b. Controlling Interest Any persons or organizaaons with a controiling interest in you but only with respect to their liability arising out of: (1) Their ffnanciaE contro( of you; o� (2) Premises they own, maintain or control while you lease or accupy these premises. This insurance does nflt apply to structural alterations, new construction and demolition operations performed by or for such additional insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respeck to liability arising out of the ownership, maintenance or use of that specific part of the premises leased ta you and subject to the following additional exclusions: This insurance does no# apply to: (1} Any "occurrence" which takes place aiter you cease to be a tenant in that premises; or (2j Structur�l , alteratians, new construc�on or demolition operaBons performed by or on behalf of such addifional insured. d. Mortgagee, Assignee or Receiver A mo�tgagee, assignee c�r receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, malntenance, or use of a premises by you. This insurance does not apply to structural alterations, new construciion or demolitton aperadons pertormed by or for such additional insured. e. OwnerslOther Interests — Land is Leased An owner or other interest from whom land has been leased by you but oniy with �espect to liability arising out of the ownership, maintenance or use of that specific pari af the Eand leased to you and subject to the following additionaf exclusions: This insurance does nat apply to "bodfly This insurance does not apply #o: injury," "property damage" or "personal (1} Any "occurrence" which takes ptace and advertising injury" arising out of after you cease to lease that land; operations performed for the federal or government, state ormunic9pality. Includes copyrighted material of Insurence Services Office, Inc., wia, its pem,issron. Page 2 af S Wright Roofing Inc. 4016325322 ��� (2j Structural alterations, new construction or demoiiiion operations pertarmed by or an behalf of such additionat insured. f. Co-awner of Insured Premises A co-owner of a premises co-owned by you and covered under fFris insurance but only with respect to the caowners liability as co-owner of such premises. g. Lessor of Equipment Any pe�son or organizativn firom whom yau lease equipment Such person or organizafion are insureds only with respect ta their lia�ility arising out of the maintenance, operation or use by you of equipment ieased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written cantract or written agreement with yau for such leased equipment ends. With respect to the insurance af#orded these additional insureds, the following additional exolusions apply: This insurence does not apply: (1 � To any "occurrence" which takes place after the equipment lease expires; or {2) To "bodify injury;' "property damage," or "personal and advertising injury" arising out af the sole negligence of such additionaf insured. Any insurance provided to an additional insured designated under Paragraphs a. through g. above does not appEy to "bodily injury" or "p�operty damage" inaluded within the "products-aompleted operations hazard:' As respects the coverage provided under this provision, Paragraph 4.b.(9) af Section lV — Commercial Genera) Liability Conditions is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance (1) This insurance is exc�ss aver. Any other insurance naming the additional insured as an insured whether primary, @XCESS, contingent or on any other basis unless a written contract or written agreement specifically requires that G-18652-t {Ed. 07/09) this insurance be either primary or primary and nancontributing, Where required by writ#en contract or wri[ten agreement, we will consider any ather insurance maintained by fhe additianal insured for injury or damage covered by this endorsement to be excess and nancontributing with this insurance. 2. EMPLOYEES AS INSUREDS -- HEALTH CARE SERVICES • Paragraph 2.a.(1)(d) of Section 11 — Who Is An � insured is deleted. 3. JOINT V�NTURES I PARTNERSHtP / LIIIAITED I,IABILITY COMPANY COVERAGE A. 7he following is added to Section p— Who is An insµred: e�, You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during fhis policy period but only to the extent of your interest in such joint venture, partnership o� limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability cvmpany; or b. If khere ls other valid and c�llectibie insurance purchased spec'�'ically to • insure the partnership, joint venture or limited liabiEity company. c. To a Joint venture, partnership or limited liability company which is or was insured under � "c�nsolideted (wrap-up) insurance program:' "Consoildated {wrap-up) insurance pragram" means a canstruction, erection or demolition project for which the prime contractor/proJeot manager or owner of the construction project has secured general liabiliiy insurance covering same or all of the contractors or subcontracto� involved in the project, otherwise referred to as an Owner Controped Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.l.P.). B. The last paragraph of Section 11 — Who Is An insured is deieted and replaced by the follawing: Except as provided in Paragraph 4. above, nn pecson or organizaaon is an insured with respect to the conduct of any cunent or past partnership, joint venture or limited liabif'ity G-18G52-1 Includes copyrighted materia! of fnsurance Services O�ice, inc., with Its permission. Page 3 of 8 (Ed. 07/09) Wright Roofing Inc. 4016325322 ��� company that is not shown as a Named Insured in the Declarations. 4. EXPANDED PERSONAL AND AI]V�RiiSING INJURY A. The following is added to Section V-- Definitions, the definition of "Personal and advertisl�g injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural pe�son, but only if such discriminatian or humiliation is: (1 j Not dane intentionally by or at the di�ection of: taf The insured; or (bf Any "execudve ofificer," di�ector, stackhalder, partner, member or manager (if you are a limited (iability company) af the insured; and (2) Not direc#ly ar indirectly relafed to the emplayment, prospective emp[oyment, past employment or termination of employment of any person or persons by any tnsured. B. Exclusions of Section I— Coverage B— Persanal and Advertising Injury Liahility is amended to include the foliowing: Discriminaiion Relating To Room, Dwe111ng or Premises Caused by discrimina�on directly or indirectly related to the sale, rental, lease or sub-lease o� prospective sale, rental, lease or sub-lease of any room, dwelling ar premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity �ecause of di�rimination. D. This provision 4. {EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGEj daes not apply if Section 1— Coverage B— personal And Advertis[ng Injury Liab[lity is excEuded either by the provisions of the Coverage Part or by endorsement. 5. MEDiCAL PAYMENTS A. Paragraph 7. Medical Expense l.imit, of Section Iil — Limits of Insurance is deleted and replaced by the fallawing: 7. Subject to Paragraph 5. above (the Each Occurrence Umit), the Medical Expense Limit is the most we will pay under 5ection G-18652-I ��a. o�ias� — 1— Coverage C far all rnedical expenses because of "bodily injury" sustained by any one person. T�e Medica! Expense Limit is the greater of: {1} �15,000; or (2) The amount shawn in the Declarations for Medical Expense Limit � B. This provision 5. (Medical Payments) does nat apply if Sectian f— Coverage C Medical Payments is excluded either by the provisians af the Coverage Part ar by endorsement C. Paragtaph 1.a.(3)tb) of Section 1— Coverage C — Medical Paymeats, is repEaced by the foEfowing: (b) The expenses are incurred and reported to us within th�e years of the date of the accident; and 6. l.EGAL I,tABILITY AND BORROWED �QUIPMENT A. Under Sectian 1— Coverage A— Bodily Injury and Property Damage 2. Exclusions� Exclusion j. (s replaced by the following. "Property damage" to: �1) Properly you own, rent, ar occupy; (2j Premises you sell, give away or abandon, if the "property damage" arises out vf any part of those premises; (3) Property loaned to you; (4) Personal praperty in the care, custody ar control af the insured; {5� That particular part of real property on w�ich you or any contractors or subcontraciors working directly a' indirectly on your behalf are performing operations, if ifie "properiy damage" arises out of those operatians; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incflReatly pertarmed on i�. Paragraph (2) of this exclusion does not apply if the premises are "yaur wark" and were never occupied, rented or held for rental by you. Paragraphs (7j, {3j and (4) of this exclusion do not apply to: (i) "property damage" to tools ar equipment loansd to you G-18652-I lncludes copyrighted material ofi tnsurance Services Qffi�, Inc., with its peRniseion. � Page 4 of S tEd. o7ros) ��� Wright Roofing Inc. 4016325322 if the tools or �uipment are not being used to perform operatians at the time of lass; or {ii) "property damage" (other than damage by �ire) to prernises rented to you or temporarily accupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutn�e days. A separate limit o# insurance applies to Damage To Pramises Rented To You as described in Sectiot� III — Limits Of lnsurance. ' Paragraphs (3), �4j, (5) and (6) af this exclusion rio not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard:' B. Under Section 1— Coverage A— Bodily Injury and P�operty Damage the last paragraph of 2. Exclusians is deleted and replaced by the following. Exclttsions c. through n. do not appfy to damage by fire to premises while rented to you or temporarily oc�upied by you with permission of the awner �r to the contents of pr�mis�s rented to yau for a periud of 7 or fewer consecutive days. A separate limit af Pnsurance applies to this coverage as described in Section ql — Limits Of Insurance. C. Paragraph 6. Darnage To Premises Rented To You Limit of Sectiort IIl — Limits Of Insurance is replaced by the following: B. Subjeci to Paragraph S. above, (the Each Otxurrence Limit), the Darnage Ta Premises Rented To You Limit is the most we will pay under Section — I— Coverage A for damages because of "property damage" to any one premises whils rented to you or temporarily occupied by you with the ' permissian of the owner, 9ncluding contents of such premises rented to yau for a periad af 7 or fewer consecutive days. The Damage io Premises Rented To You Limit is the greate� of: G-18652-I (Ed. 07/09) b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(a)(ii) . of Section IV -- Commercial General Liability Conditions is delet�d and replaced by the foflowing: (ii} That is property insurance far premises rented to you or tamporariiy occupied by you with the permission afi the owner, or. E. This provision 6. (LEGAL LIABILt7Y ANO BORROWED EQUIFMENT) daes not apply if Damage �To Premises Rented To You Liability under Section 1— Coverage A is excluded either by the provisions of the Coverage Pa�t or by endarsement 7. NON-OWNED WATERCRAFT Under 5ection t� Coverage A, Excfusivn 2.g., subparagraph (2) is deleted and replaced by the following. (2j A watercraft you do not own that is: (aj Less than 55 feet long; and (b) IVot being used to carry persons or property for a charge. 8. NON-OWNED AIRCRAFT Exclusion 2.g. of Section I— Coverege A— Bodily Injury and Properly Damage, does noi apply to an aircraft you do not awn, provided that: 1. The pilot in command halds a currently effective certificate issued by the du[y consdtuted authority of the United States of Amerlca or Canada, designating that person as a commercial �r sirline transpart pilo� Z. It is rented with a#rained, paid crew; and 3. It does not transport persons or cargo for a charge. 9. CONTRACTUAL L1ABILITY FOR PERSOh[AL AND ADVERTISING INJURY Exclusion e. Cvntractua{ Liabiiity of Sectian I-- Coverage B is deleted, '10. SUPPLEM�NTARY PAYMENTS A. Under Section 1— Supplementary Payments — Coverages A and B, Paragra�h 1.b., the limit uf $250 shown for the cost of hail bonds is replaced by $2,500: B. In Paragraph 9.d., the limit of $250 shown for daily loss of eamings is replaced by $1,DOD. 11. LIQUOR LIABILITY a. $280,Op0; or Exclusian c. �f Section !— Coverage A is deleted. G-18652-I Includes capyrighted materiaE of Insurancs Seroices Offtc�, Inc., with its pertnission. Page 5 of 8 (Ed. 07/09j � Wright Roofing Inc. 4016325322 G-18652-I ��� ( Ed. 07/09) 12. NEWE.Y F�RMED �R ORGANIZAiIf3NS ACQUIRED Paragraph 3.a. of Section fl — Who fs An Insured is deleted and replaced by the following: Coverage under this pro�ision is afforded only until the end of the policy period or the next anni�ersary of this porcy's efFective date after ybu acquire or form the arganization, whichever is earlier. 13. L.iBERALI�ATION CLAUSE If we adopt a change in our forms or ru[es which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy wili automatically provide the addit�anal coverages as of the date the revision is effective in your state. 14. UNIHT�NTI4NAL FAILURE TO DISCLOSE HAZARDS Bassd an our reliance on yaur representations as to existing hazards, if unintentionally you should fail to disclose ail such hazards at the ince�tion date af your palicy, we will not deny coverage under this Coverage Part because of such failure. 95. NOTICE O� OCCURR�NC� The foflowing is added to Paragraph 2. of 5ection N— Commerciaf General l.iabiiity Conditions -- �uties In The E�ent of Occurrence, Offense, Claim or Suit: Your rights under this Coverage Part wili not be prejudiced if you fail to give us notice of an "occur�ence," Off6Yt5e, claim or "suit" and that failure is solely due to your reasonable belief that #he "bodily injury" or "property damage" is nat covered under this Coverage Pa�t. However, you shall gi�e written notice af this "accurrence," offense, claim or "suit" ta us as soon as yflu are aware that this insurance may apply ta such "occunence," offense claim or "suit." 'E6. BROAD KNOWLEDGE OF OCCURRENCE Tt�e following is added to Paragraph 2. of Section N — Cornmerc[al Genera) (.iability Conditions -- Duties in The Event of Occurranca, �ffense, Claim or Suit: You must g(ve us or our authorized representative notice of an "occurrence," ofFense, claim, or "suiY' only when the "accurnence," offense, claim or "suit" fs known to: G-16652-I tEd. 07/49) (1) Yau, if you are an individual; (2) A parfner, if you are a partnership; (4y A manager, if you are a limited liabilily company. 17. AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes fegafly abligated to pay as damages caused by "accurrences" under Section 1— Coverage A, and for all medical expenses caus�d by accidents under 5ection I-- Coverage C, which ean be attributed only to ongoing opera�ons at a single construction project away from premises owned by or rented to the insured: 1. A separate Sing{e Construcdon Project General Aggregate Limit applies to each construction project away from premises owned by or rented io the insured, and that limit is equal to the amount of the General Aggregate Limit shawn in the Declaratlons. 2. The Single Constructian Project Genera) Aggregate Limit is the most we wfll pay far tlie sum of aIi damages under Caverage A, except damages because of "bodily injury" ar "property damage" included in the "p�oducts-completed operations hazard," and for medical expenses �nder Coverage C regardless of the number of a. lnsureds; h. Claims made ar "suits" brought; or c. Persons or vrganizations matcing claims or bringing "suits." 3. Any payrnents made under Coverage A far damages ar under Caverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construcbon project �uvay from premises owned by or rented to the insured. Such payments sha11 not reduce the General Aggregate Limit shoWn in the Declaratfons nor shail they reduce arry other Single Construction P�oject General Aggregate Limit for any other separate const�uction prajact away from premises ovtimed by or rented io the inst�red. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subJect to the General Aggregate Limit shown in the Declara�ons, such Ilmits will be subj�ct to the applicable Single Construction Project General Aggregate Limit. �3) An executive afFi�er or the g, For all sums which the insured becomes (egally employee designated by you to give obtigated ta pay as damages caused by such notice, if yau are a "occurrences" under Section I— Coverege A, corporation, or Incfudes copyr(ghted material of Insurance Services Office, Inc., witli its permission. Psge 6 of 8 � Wright Roofing Inc. 4016325322 G-') $6$2-� ��� � (Ed.07/09} and for all medical expenses caused by accidents under Section 1-- Coverage C, which cannot be attributed only to ongoing operations at a single canstructian proJect away from premises owned by or rented to the insured: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shalE reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate 1.imit, whichever is appiicable; and 2. Such paym�n�s shall not reduce any Single Construction Project General Aggregate Limit C. When coverage for li�bili#y arising out of the "products-completed operations hazard" [s pravided, any payments for damages because of "badily inJury" ar "property damage" included in the "products-compie#ed operations hazard" wifl reduce the Products-Completed Operations Aggregate Limit, and not reduce the Genera[ Aggregate Limit nor the Singls Canstruction Project General Aggregate Limit D. If a singfe canstruction proJect away from premises owned by or rented ta the insured has been abandaned and then resiarted, or if the authorized contracting parties deviate from plans, blueprints, fi851$C15, specifica6ons or timetables, #he project wiEl still be deemed to be the same construction praject E. The provlsfons af Sectior� II! — Limits Of Insurance not otherwise modifled by this endorsement shall continue to app{y as stipulated. 18. FJCPANDED BODILY INJURY Section V— Definitions� the definition of "badily injury" is changed to read: "Bodity injury" means bodily injury, sickness or disease sustained by a pe�son, including death, humiliation, shock, mental anguish or mental injury by that person at any t(me which result� as a consequence of the bodily injury, sickness or disease. 19. EXPEC7�U OR INTENDED INJURY Exc�usion a. of Sectian I— Coverage A-� Bodily I�jury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "properiy damage" expected or intended from the standpvint af the insu�ed. This exclusian does not a�ply to "bodily i�Jury" or "property damage" resulting from the use of reasanable force to protect persons or praperty. 20. OWNER CONTR()l.l.�� INSUKANCE PROGRAM� COfVTRACTOR CONTROL.I.ED [NSURANCE PROGRAM OR CONSOLIDATED (1NRAP-UP) fNSURANCE PROGRAMB The endorsement EXCLUSION — CONSTRUCTION WkZAP-UP PROGRAM which is attached to this policy is amended as follows: A. lf the endorsement EXCLUSION -- CONSTRUCTION WRAp-UP ar another exclusionary endorsement pertaining to Owner Controlied Insurance Progrems (O.C.I.P,) o� Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then it Is amended to add the follawing: With respect to a "consolidated (wrap-up) insurance program" project in which you are or were in�olved, this exclusion does not apply to: 4. Your liabilify fior "bodily injury," "property damage," or "persanal or ad�ertising injury" that occurs during yaur ongoing operations at the project, or durtng such aperations of anyone acting on your behalf; 2. Your lia�ility for "bodily injury" cr "praperty damage" included within the "products- completed operations hazard" that arises out of those portions of the project that are nat "residential structures." B. 7he following is added to Paragraph a.b.(1) of 5ection N-Commercial General Liability Conditions This insurance is excess over. (c) Any of the other insurance whether primary, excess, cantingent or ar�y other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap-up) insurance program;' but only as respects your involvement in that "cQnsolidated {wrap- up} insurance program:' G The follawing is added #o Section V— Definitions: "Consoiidated .{wrap-up) insurance program" means a construcKon, erectfon or demolition project for which the prime contractor/praject manager or owner of the construction project has secured general iiahility insurance covering some or all af the contractars or subcontractors involved in the project, otherwise referred to as an Owner Controiled Insurance Program (O.C.l.P.) or Contractor Contralled insurance Pragram (C.C.I.P.). "Residential structure" means any structure where 3d9� or more of the square foot area is used or is intended to be used for human G-18652-1 lnciudes copyrighted male�lal of lnsurance Services Of#ice, Inc., with its permisston. Page 7 of 8 �Ed. o7ros� � Wright Roofing Inc. 4016325322 ��� residency inciuding but not limited io single or multEfamily housfng, apartments, condominiums, townhouses, co-aperatives or planned unit developments and also inciudes their common areas and/or appurtenant structures (including paols, hot tubs, detached garages, guest houses or any simi[ar structures). When there is no ind€vfdual ownership af units, residential structure does not include military t�ousing, collegeluniversity housing or dormitories, long #erm care facilities, hotels, or motels. Residential structure also does nat include hospitals or prisans. 21. CONTRACTUAL LIABILtTY— RAILROADS With respect ta aperations performed within 50 feet of railroad property, t�e definition of "insured contract" in Section V— Definitions is replaced by the following: "Insu�ed Contract" means: a. A contract for a lease of premises. Howeve�, that portion of the contract far a lease of premfses that indemnifies any pe�an or organization for damage by fire to premises while rented to you or temporarily occupied by you with perm3ssion of the owner is nat an "insured contract"; b. A sidetrack agreement; c. Any easement or i3cense agreement; d. An obligaticn, as required by ordinance, ta indemnfiy a municipalfty, except in connectivn with work far a municipality; e. An elsvator maintenance agreement; % That part of any ather contraot or agreement pertaining to your business (inciuding an indemnifcation ofi a municipalily in connectian with work performed far a municipality) under which you ass�tme the tort liability of another party to pay for "badily injury" or "properiy damage" to a third person or organization. Tort liability means a liability that woufd be impased by law in the absence of any cantract or agreement G-18652-1 �Ea. a7ios� (4) That indemnifies an architect, engineer or surveyor for injury or damage arising out ofi {a) Preparing, approving or failing to prepare ar approve maps, shop drawings. opinions, reports, surveys, field orders, change orders or dr�wings and specifications; or (b) Giving directions or instructions, or faiiing to give them, if that is the primary cause of #he (njury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liabili[y for an injury or damage aris(ng out of the insured's rendering or failure to render professional services, including thase listed in (1) above and supervisary, inspecklon, arohitectural or engineering activities. 22. BLANKE7 WAIVER 0� SUBGROGATION The Transfer Of Rights Of Recovery Against Others To Us CondiBon (Section IV — Commercial Generai Liability Conditions) is amended by the addition af the.fo�[awing: We waive any right of recovery we may have agatnst any person or organizaiion because vf paymenis we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Yaur work" incfuded in the "products- completed operatiens hazard." Nowever, this waiver appiies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the conGact or agreemen� 1. 1s ln effect or becomes effective during the #erm of this polioy; and 2. Was executed prior to loss. 23. IN REM ACTl�IVS Paragraph f. does not include that part Any action in rem againsE any vessel owned, of any contract or agreement operated by o� for, or chartered by or for yau will be treated in the same manner as though the actio� were (n personam against yau. G-i 8652-I Includes copyrighted material of Insurance 5ervices ��ice, Inc., with its perm(ssicn. Page 8 of 8 (Ed. 07109) � Wright Rodfing Inc. 4016325322 G140331-C ��� (Ed. 9 0/� 0} THiS ENDORSENIENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. SLANKET ADDITI�NAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GEN�RAL LIABILITY COVEFtAGE PART SCFiEDULE (OPTIONAL) Name of Additional Insured Persons Or Organszations (As required by "written contract" per Paragreph A. below.} Locations of Covered Dperations (As per the "written contract" pravided t�e locatian is within the "co�erage territory" of this Coverage Aart.) A. Section II - Who Is An Insured is amended to 2. We wiil not provide the addibonal insured any incfude as an additional insured: broader coverage or any higher limit of 1. Any persan or organization whom you are insurance than the least that is: required by 'lnrritten cantracY' to add as an a. Requir�d by the "w�itten contracY ; addiaonat insured on thfs Coverage Par� and q, pescribed in s.1. above; or 2. The particular person or organizaiion, if any, scheduled above. B. The insurance provided ta the additional insured is limited as follows: 9. The person ar organization is an addi�onal insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Yflur acts or omissions; or b. The acts or omissions of those acting an your behalf in the performance of your ongoing operations specified in the "written contracY'; or c. "Your work" that is specified in the 'tinrritten cantracY' but aniy for "bodily injury" or "property damage" included in the "products-completed operations hazarci," and flnly fi (7) The "written contract" requires you to prbvide the additi�nal insured such coverage;and (2) This Coverage Part provides such coverage. c. Afforded to you under this poficy. 3. This insurance is excess of all other insurance availabie to the additianaE insured whether an a primary, excess, contingent or any other basis. But if required by the "written cantract;' this insurance will be primary and non-coniributary relative ta insurance on which the additional insured is a Named Insured. 4, The insurance provided fo the additiona! insured does not apply to "bodily injury," "property damage," ar "personai and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, apinions, reports, surveys, field orders, change orders or drawings and specificatians; and (2) Supervisory, inspection, arahitechrral or englneering activlties; or G-140331-C Includes copyrighted mate�ial af Insurance Servi�es Offfce, Inc., wlth Its pertnission Page 'i af 2 ��d. � a�� a} Wright Roofing Inc. 4016325322 G-14D331-C ��� (Ea. �a��o� b. Any premises or work for which the additional insured is specifically listed as an addi4onal insured on another endorsement attacheH ta this Coverage Part. C. SECTION (V — COMMERCIAL GENERAL LIABIL!"fY CONDITIONS is amended as fallows: 9. The Dutiss In The Event of Occurrence, Offense, Claim or Suit condition is arnended to add the foliowing additional conditians applicabie to fhe addiiional insured: An additional �nsured under this endorsement will as soon as practicabEe: (1j Give us wriiten notice of an "oc�urrence" or an ofFense which may result in a claim or "sui#" under this insurance, and af any claim or "suit" that does result; �' (2) Except as provided fn Paragraph B.3 of this endorsement, agree to make available any other insurancs the additional insured has for a loss we cover under this Coverage Pa�; {3} Send us copies of all legai papers received, and otherwise cooperate with us in the investigatfon, defense, or settiement of the claim or "suit"; and (4) Tender the defense and indemnity of any efaim or "suit" to any other insurer or self insurerwhose poficy or program applies ta a Eoss we cover under this Caverage Part. But if the "written contrac�' requires this insurance to be primary and non- cantributory, this provisian (4} does not appiy to insurance on which the additional insured is a Named Insured. We have na duty to defiend or indemnify an addiiianal insured under this endorsement until we receive from the addidonal insured written notice of a claim or "suit" 2. Wth respect only to the insurance provided by this endorsement, the first sentence af Paragrapfr 4.a. of the �ther Insurance Condition is deleted and replaced with the following: 4. �ther Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. Only fnr the purpose of the insurance provided by this endorsement, 5ECTION V— DEFINI'iIONS is amended to add the following defini6on: "Written contract" means a written contract or written agreement that requires you to make a person ar organization an addi�onal insured an this Coverage Part, provided the contract or agreement: 1. Is currently in eifect or becomes effective during the term of this policy; and 2. Was executed prior ta: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" far which the additional insured seeks coverage under this Caverage Pa�. G-14Q331-C lncludes copyrfghted materlal af Insurance Serviees Office, �nc., with its permisslon Page 2 of 2 {Ed.10/10) POLICY NLJMBER: ao�sa2ssss COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modif es insurance provided under the following: 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 this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or ANY PERSON OR ORGANIZATION WHICH IS REQUIRED TO BE NAMED AS A RESULT OF A WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declararions as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured Provision contained in 5ection II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Fage 1 of 1 This page has been left blank intentionally. --- -- -- - -____ _ -- - - -_ _ _-- RETURN TO: Shawna��Upton EXT: 2703 T CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PKCS/DBC' 2. ORIGINATING STAFF PERSON: Ros ETTiNCF R/ST F�,vH IK�:av EXT: 2002/6911 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.C�, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT x MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCITMENT �E.G. BOND RELATED DOCUMENCS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL � OTHER JANITORIAL MAINTENANCE SERVICE AGREEMENT 5. PROJECT NAME: Cd.�1, � i �� U�C�, l� �`-� ���1� Ct�c� Yl�-�L �-Y� . 6. NAME OF CONTRACT WRIGHT ROOFING, INC ADDRESS: 6035 S AD.aMS, TACOMa, WA 98490 TELEPHONE 253-472-3321 E-MAIL WRIGHTROOFING@MSN.COM FAX: SIGNATLJRE NAME: JEtvtv�F�x WxtGHT TITLE : VICE PRESIDENT 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: NovEMSEa 1, 2011 COMPLETION DATE: OcTOBSR 31, 2014 9. TOTAL COMPENSATION $19 ,900.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�s ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ � PURCHASING: PL�ASE CHARGE TO: �J' l I(�Q' ��l I" ���D' �` �b or 10. OCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED PROJECT MANAGER J,� • 1• 1 l,'�! DIRECTOR / l ❑ RISK MANAGEMENT (iF nPPLicaBLE) � i l�t� �` LAW ,►- 11. COUNCIL APPROVAL (IF APPLICABLE) PAID BY: � CONTRACTOR � CITY . �s .f�L• - ' INITIAL / DATE APPROVED :�j' 12. CONTRACT SIGNATURE ROUTING /Ji� _� ( � SENT TO VENDOR/CONTRACTOR DATE SENT: ', , DATE REC'D: �/�/ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �) IZ�LAW DEPARTMEN �' �.� SIGNATORY (clvt DIRECT ��`�� CITYCLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED 9 INITIAL / DATE SIGNED P -22-1� � \� l .2 .� AG# - � I DATE SENT: 11 '?,q • I, I I1/9 � CITY OF CITY HALL �� ���� I��� 33325 8th Avenue South Federa{ Way. WA 98003-6325 (253) 835-?Q00 www atyoffederahvay com MAINTENANCE AGREEMENT FOR CITY OF FEDERAL WAY ROOF MAINTENANCE This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Wright Roofing Inc, a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: WRIGHT ROOFING, INC. CITY OF FEDERAL WAY: Jennfier Wright Steve Ikerd 6035 S. Adams 33325 8�' Ave. S. Tacoma, WA 98409 Federal Way, WA 98003-6325 253-472-3321 (telephone) (253) 835-6911 (telephone) wri htroofin msn.com Steve.ikerd ci offederalwa .com The Parties agree as follows: L TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than October 31, 2014 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in E�chibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance ofthe Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, 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 one (1) year from the date such correction is completed and accepted by the City. 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. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. MAINTENANCE AGREEMENT - 1 - 4/2011 � CITY OF "�.. Federal GITY HALL � � 3325 8th Avenue South Federal Way, WA 98Q03-6325 (253a 835-�000 www cityoffederaiwa�! com 2.4 Clean Uv. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Ageement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Pa�ment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. T'he Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and 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 Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all MAINTENANCE AGREEMENT - 2 - 4/2011 '' i � r ar CITY HRLL 33325 8th Avenue South Federai Way, WA 98a03-6325 t2�3� $s5-�aoo www cityoffede�ahvay com persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemniflcation. T'he City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shazeholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional inswed on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all cornmercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of MAINTENANCE AGREEMENT - 3 - 4/2011 . ■ � . + � � CITY HALL ��� 33325 8th Avenue Sauth Federa{ Way, WA 98003-6325 (253) 835-7000 wwinr cityoliederahvay com premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the Gity to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that 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. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employxnent contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Wark. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 103 Risk of Work. All work shall be done at Contractor's own risk, and 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. Industrial or any other MAINTENANCE AGREEMENT - 4 - 4/2011 � CITY OF ''t... Fed�ral CITY HALL ��� 33325 8th Avenue Sauth Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway. com insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailin�ges. 10.4.1 Wa�es of Emplo�s. This Agreement is subj ect to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment ofhourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wa�e. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reportin� Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, MAINTENANCE AGREEMENT - 5 - 4/2011 � CITY OF "�.... Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-Z000 www cityoifederalway com including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. T'he respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 133 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occuts as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition MAINTENANCE AGREEMENT - 6 - 4/2011 1� . i �., � � CITY HALL 33325 8th Avenue South Federal Way, WA 98�03-6325 (253a 835-7Q00 wrvw cityoffederahv�}<com to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] MAINTENANCE AGREEMENT :,� -7- 4/2011 � CITY OF Fed�ral Vl/ay CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-700fl www cityotfederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: �,.,�1.� 4� Cary . Roe, P.E., Director of Parks Public Works & Emergency Management ATTEST: � � City Clerk, Carol M eilly, C C DATE: \1 �'Z,Z \ Z T, \� Wright Roofing, Inc. By: J ifer 'g , V' e esident DATE: 11 16/2011 STATE OF WASHINGTON ) ) ss. COUNTY OF Pierce � APPROVED AS TO FORM: � City Att ey, Patricia A Richardson On this day personally appeared before me Jennifer Wright, to me known to be the Vice President of Wright Roofing, Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 16th � o f November 20 � �. Notary's signature Notary's printed name Bi�rm.' e fi�righ � �, � � � � � � � � �.,,� Notary Public in an or the State of Washington. �.�J��1�E �ViQ�'� My commission expires 10/29/201 � ; ; ��M�g310N .. � = . �,� °��:y�►. � NOTqR �' = _ - r . �.. ; .�►= PUBLIC ��: :9�• � . : •••,..,,,.�� � .� ,,,,, p WAS �� ���,. '��,,,,������, MAINTENANCE AGREEMENT - 8 - 4/2011 . i � a j I CITY HALL ��� 33325 8th Avenue South Federaf Way, WA 98003-6325 (253) $35-7000 wrvw cityoifederahvay.cam EXHIBIT "A" SERVICES 1. Roof maintenance services shall include but not be limited to: hot or cold repairs to built up roofing, blister repairs, Repairs to drains and scuppers, repairs to assorted roofing materials such as; metal roofing, shingles and PVC. 2. Contractor and employees shall be trained and skilled to perform all related services, and have experience with all types of roofing materials and all work shall be performed per manufacturer's recommendation. 3. Contractor provided materials will be marked up at an agreed upon percentage rate above wholesale. 4. City reserves the right to solicit quotes on roofing repairs that may exceed $4000 5. Emergency response time will occur within 2-4 hours of a call placed with Wright Roofing. GENERAL INSTRUCTIONS Locations: All City of Federal Way facilities within the City limits. Definitions Owners; Park Recreation & Cultural Services; City and/or City of Federal Way and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized representative. Apnroved means approved by the owner. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to or better than the required materials or methods. A. As shown shall mean as shown on the contract drawings, maps or details. �ecifications shall mean these specifications, the Specifications and all addenda thereto. The Contractor will furnish all labor, tools, specialized equipment, and materials. B. Contractor will dispose of all waste materials properly. MAINTENANCE AGREEMENT - 9 - 4/2011 � CITY OF CITY HALL � ������' ��� 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederahvay com C. All fieldwork shall be performed under the supervision of a qualified roofer. D. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way. E. The Contractor's personnel will conduct themselves on site in a professional manner at all times. F. The Contract Administrator or appointed designee will inspect work performed by the Contractor on a regular basis. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. G. Equipment intensive work shall not commence before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval) and special considerations and arrangements may be required at the Dumas Bay Centre. H. Report any damage, or potential hazard, involving CiTy property immediately to the City of Federal Way Parks Department, (253) 83 5-2700. After hours emergencies should be reported to the Police/Fire Communications Center - 911. I. Hazardous conditions shall be immediately remedied or secured to prevent further damage andlor protect public from injury. J. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. K. T'he Contractor, at his or her expense, will remedy any damage to City structures or plant material due to Contractor negligence in a timely manner. MAINTENANCE AGREEMENT - 10 - 4/2011 . � � ,�;�� � ... � . r CITY HA�L ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-700fl www atyoffederaiwaa! com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exeeed Eighteen Thousand, One Hundred Seventy Three and 52/100 Dollars ($18,173.52) and Washington State sales tax equal to One Thousand, Seven Hundred Twenty Six and 48/100 Dollars ($1,726.48) for a total of Nineteen Thousand Nine Hundred and 00/100 Dollars ($19,900.00). 2. Method of Compensation: Work will be invoiced using the following rates and all applicable employees must be paid a minimum of current Washington State prevailing wages. The rate structure (hourly vs. square foota.ge) to be determined prior to each job scheduled and at the sole discretion of the City of Federal Way: Hourlv rate bid: (not including WSST) Projects up to 8 hrs/day -$75.00 per hour OT rate over 8hrs $105.00 per hour Saturday hourly rate -$75.00 per hour Sunday hourly rate $170.00 per hour Materials charged at 15% mark up above wholesale cost. When requested, the contractor will supply wholesale invoice to backup billing documentation. SAUare foot bid: The minimum size for repairs, if any, is 5.50 squaxe feet. Removal of an existing roofing section down to the plywood deck and replaced with equal or better materials (not including WSST) for: 1. Built up asphalt roofing to included possible insulation board and a mineral cap sheet $8.90 sq ft 2. Architectural asphalt shingle roofing $4.20 sq ft. Plvwood realacement: 1. Removal of rotted plywood roof deck and replace with matching materials $2.75 sq ft MAINTENANCE AGREEMENT - 11 - 4/2011 Client#: 8668 EXhibit C WRIGROOF DATE (MM/DD/YYY`n ACORDTM CERT[FICATE OF LIABILITY INSURANCE 11/15/2011 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 �MEA Shannan Broughan Propel Insurance PHONE 253.310.4015 F N, : 866.577.1326 ac No �e : Tacoma Commercial Insurance E � p '�� sb ro elinsurance.com ADDRESS: L:.P P 1201 Pacific Ave, $Ult@ ���� INSURER(S) AFFORDING COVERAGE NAIC 11 Tacoma, WA 98402 �NSUaeR a: Valley Forge Insurance Company iNSURe� iNSURER B: Transportation Insurance Co. Wright Roofing Inc. iNSUReR c: Evanston Insurance Company PO Box 9335 INSURER D • Tacoma, WA 98490 � INSURER E : INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. � TYPE OF INSURANCE SR SUB pp��Y NUMBER MM�ID� EFF M�CY EXP UM � A GENERAL WIBILITY X X 4016325322 5/06/2011 05/06/201 EACH OCCURRENCE s 1 000 000 X COMMERCIAL GENERAI IIABILITY PREMI Ea S 1 OO 000 CLAIMS-MADE � OCCUR MED EXP (My one person) SS OOO X PD Ded:5,000 PERSONAL & ADV INJURY s 1 000 000 GENERALACaGREGATE SZ�OOO�OOO GEN'L AGGREGATE LIMIT APPLIES PER: PR�UCTS - COMP/OP ACaG SZ OOO OQO POt.ICY X j R � LOC S A�►�T���� u/►awT�' X 4016325336 5/06/2011 05/06/201 EaM�� IIMIT ��000�000 A �,n. A�p BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (F�r aatident) S AUTOS AUTOS X HIRED AUTOS X NON-0WNED PROPERTY DAMAGE S A�7pg Per accideM S B X°�W` LAe occuR 4016325353 5/06J2011 OS/06/201 EACH OCCURRENCE s5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE SS OOO OOO DED X RETENTIONS�OOOO S A WORKERS CQMPENSATON 4016325322 5/06/2017 05/06/201 WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE Y � N WA Stop Gap E.L. EACH ACCIDENT S� OOO OOO OFFICERIMEMBER EXCLUDED? � N / A (Mandatory in NH) E.L. DISEASE - EA EMPIOYEE a'I OOOOOO Ifyes desrnbe �mder DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLfCYLfMIT $�I QOO OOO C Pollution Liab. 11CPL00032 /18/2011 09/18/201 $1,000,000 Limit A Inst. Floater 4016325322 5/06/2011 05/06/201 $400,000 Limit DESCWPTION OF OPERATIONS I LOCATIONS! VEHICLES (Attach ACORD 101, Addltional Remarks Schedule, H moro space is requirsd) RE: City of Federal Way Roof Maintenance. City of Federal Way named as additional insured per the attached endorsement. City of Federal Way Attn: Jason H Gerwen PO Box 9718 Federal Way, WA 98063-9718 SHOULD ANY OF THE ABOVE DESCRIBED POL�IES BE CANCELLED BEFORE THE IXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIYE � 1988-2Q10 ACORD CORPORATION. All rights reserved. /ICORD 25 (2010/OS) 1 of 1 The ACORD name and logo are registered marks of ACORD #S802456/M786471 KRG00 Certificate of Insurance Effective immediately, Propel Insurance will no longer issue certificates of insurance not handled in accordance with statutory laws. We will only issue the most current edition of the AC�RD� certificates of insurance. In addition, the only information allowed to be entered in the Description of Operations area of the ACORD� certificates of insurance are the description of operations, the locations and/or vehicles covered by the in-force policy. The issuance or modification of a certificate of insurance that in any way misrepresents any material term, condition, coverage or other provision as set forth in the policy, or deliberately or falsely amends or alters the insurance policy or assists in such issuance or modification violates the state law and subjects the violator to civil and criminal penalties. Please note a certificate of insurance is simply a summary of the designated insurance policy and does not / cannot modify or amend the referenced insurance policy or confer any right upon the certificate holder. In addition, the certificate holder is owed no duty to be notified in the event the insurance policy is cancelled. For purposes of this notice, "certificate" or "certificate of insurance" means any ACORD� certificate of insurance, which is prepared or issued by an insurer or insurance agent as evidence of property or easualty insurance coverage but does not include an actual copy of the insurance policy or insurance binder. Please contact your state department of insurance for further explanation or inquiries. POLICY NUMBER: ao�ss2ssss COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to covera.ge provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s} or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Wright Roofing Inc. 4016325322 G-18652-I ��� (Ed. 47/09) TH[S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extensian af coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement naw or hereafiter attached to this Coverage Part. SCHEDULE ' Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the coResponding policy provisions in the body of this endorsement 1. Miscellaneous Additional Insureds 7 additionaf insu�d extensions. 13. Liberalization Clause 1�4. Unintentional Fa�lure To Disclose Hazards 2. Emplayees As Insureds — Health Care Services 3. Joint Ventures/PartnershiplL.imited Liability Companies Coverage for yaur interest in such terminated ar ended organizations. 4. Expanded Personal And Advertising lnjury 5. Medical Payments Limits increased to $15,000. Repo�ing increased to three years from the date af accident fi. Legal Liability And Borrowed Equipment Extended perils. Limit increased ta $200,OQa far Damage to Premises Rented To You 7. Non-owned Watercraft Increased to 55 feet. 8. Non-owned Aircraft Coverage 9. Contractual Liability For Fersonal And Advertising Injury 90. Suppiementary Payments Cost of bail bc�nds increased to $2,500. Daily Iflss of eamings increased to $1,000. ,11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. 95. Notice of Occurrence 76. Braad Know{edge of Occurrence 17. Aggregate Limits Per Project 18. Bodily Injury — Extension of Coverage 19. Facpected Or lRtended Injury Reasenable force — badily injury or property damage. 20. Wrap-Up Extension 24. Contractual Liabil[ty -- Ralfroads Expanded definition of "insured contrac�" 22. Blanket Waiver of Subragation Waiver of subrogation where required by vim#en contract or written agreement 23. In Rem Actions G tncludes copyrighted materia! of tnsurance Services Office, Inc., with its permfssion. Page 1 of 8 (Ed. 07/09) ��� Wright Roofing Inc. 4016325322 1. MISCELLANEOUS ADDITIONAL 1lVSUREDS Section U Who Is An Insu�ed is amended to include. as an insured any person or organization (called additional insured) described in Paragraphs 2.a. through 2.g. below wh�m you are required to add as an additional insured on this poficy under a w�ikten contract or written agreement However, the written cantract or written agreement must be: 1. Currently in effect or beroming effective during the term of this palicy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but Only the foilowing persons or organizations are additit�nal insureds under this endorsement and caverage provided to such additional insureds is limited as provided herein: a. State or Governmental Agency ar Subdivisian ar Palitica! Subdivisions R state or govemmental agency or subdivision or politica! subdivision � subject to the following provisions: (1) This insurance applies onfy with ` respect to the faliowing hazards for which the state or govemmental agency ar subdivision flr poiitical subdivision has issued a permit or authorization in cannectian with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, ceflar entrances, coal holes, driveways, manh�les, � ; marquees, hoist�way openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erectlon, or removal of elevators; ar {2) This insurance applies only with respect to aperations perFormed by you �or on your 6ehalf for which the shate or governmental agency or _subdivision or. political suhdivision has issued a pertnit> or authorization. '`. � This insurance does not apply to "bodi�y _ injury," "property damage" ar "personat and advertising in}ury" arising out of operations performed for the federal govemment, state or municipality. G-18652-E {Ed. 07/09} b. Controlling lnterest Any persons or organizations with a controliing interest in you but only with _. respect to their liability arising out of. (1} Their financia! con#rot af yau; ot (2) P�emises they own, maintain or � control while you lease or accupy these premises. This insurance does not apply to structural alteraaons, new canstruction and demolition operafions pertorrned by or for such additionaf insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of th� premises leased ta you and subject to the following additional exclusions: This insurance does nat apply to: (1) Any. "accurrence" which takes piace after you cease to be a tenant in that premises; ar . (2) Structural . alterations, new construction ar demolition operati�ns performed by or on behalf of such addi�onal insured. d. Mortgagee, Assignee or Receiver A mortgagee, assignee ar receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a prem'tses by you. - This � insurance �does not apply to structural alterations, new construction or demolition operations perfiormed by or for such additional insured. e. �wners/C?ther Interests — Land is Leased An owner or other interest from whom fand has been leased by yau but only with respect to liability arising out of the ownership, maintenance or use af that specific part of th� Iand {eased to you and subject to the following additional exclusions ` This insurance does not apply to: (1) Any "occurrence" which takes pEace after you cease ta lease that land; or G includes copyrfghted matetial of Insurance 5ervices Office, Inc., with its pennisston. Page 2 of 8 (Ed. 07/09) ��� Wright Roofing Inc. 4016325322 (2) Structural alterations, new canstruction or demoli6on _ operatio.ns performed . by or an behalf of such additional insured. � fi -Co=owner �if In�ured Pretti�ises A cA-owner of a prernises ca-owned by you and coveced under this insurance but only with respect to the co-awners iiabi(ity as co-owner of such premises. g. Lessor of EQuipment Any person or organization from whom you lease equipment Such person or organizatwn a�e insureds only with respect to their {iability arising aut of the maintenance, operation ar use by you of equipment leased to you by such person or organization. A persan's or organization's status as an insured under this endorsement ends when #heir written contract or written agreement with you for such leased equipment ends. With respect .to the insurance afforcied these additional insureds, the following additionatexclusians apply: This.insurance does not apply: {1 y To any "occuRence" which takes place after the ' equipment lease expires; or (2) To "bodiiy injury," "property damage,' or "personal and advertising injury" arising out af the sote negfigence of such additional insured. Any insurance provided to an additional insured designated under Paragraphs a. #hrough g. above cioes not appiy ° to "bodily injury" or "property damage" included within the "products-comple#ed operatians hazard." As respects the coverage provided under this provision, Paragraph 4.b.(1} of Section iV — Commercial Generai Liability Conditions is deleted and replaced with the following: 4. Other Insurance ' b. Excess Insurance - �(1) This i�surance is excess over. � �� y Any ather� �nsurance: naming the additional insured as an insured whether _ prirnary, excess, con#ingent ar .on any other basis unless a written contract or written agreement specifically requires that 2. K� G-18652-I (Ed. 07/09) this insurance be either primary or primary and noncontributing. Where required by written contract or ` written;_agreement, we will conSidec any ofher insurance meintained by the additional: insured for' injury or ' damage `covered by this ` endorsement to' be excess and noncootributing `with this insurance. EMPLOYEES AS tNSUREDS — HEALTH CARE SERVICES • Paragraph 2.a.{1)(d} of Section 11 — Who Is An lnsured is deleted. JOINT VENTURES 1 PARTNERSHIP / [.lM1TED LIABILITY COMPANY COVERAGE A. The fallawing is added to Sectian 11 — Who )s An Insured: �t. Y�u are an insur�:d when you had an interest in a joint venture, partnership or limited liability company which temninated or ended prior to or during this policy periad but on[y ta the extent of your interest in such joint venture, partnership o� limited liabifity company. This cuverage does not apply: a. Prior to the termination da#e of any joint venture, partriership or limited liability - company; or b. If khere is ather valid and coilectible insurance purchased specifically to • insure the partnership, joint ventu� or limited liability company. c. To a joint venture, partnership or limited liability company wh€ch is or was insured under a "consolidated (wrap-up) insurance program:' "Consolidated (wrap-up} insurance - prog�am'° means a construction, �rectian or demolition project for which the prime cantractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the praject, atherwise referred to as an Owner Contr�lled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). B. The last paragraph ll — Who fs An Insured is detetett and� _ replacsd by the ' foll�nring: : F�ccept as proyided .in Paragraph.4. above, nc� ' person ar arganizaaon 15 an insured with respect to the conduct of any current or past partnership, joint venture or: limited liability G-18852-I Includes copyrighted material of lnsurance 5eroices Office, Inc., with its permiss�n Page 3 of 8 (Ed. 07/09) ��� Wright Roofing Inc. 4016325322 company that is nnt shown as a Named Insured in the Deciara4ons. 4. EXPANDED PERSONAL AND ADVERTiSING INJURY A. The following is added to Section V-- Definitions, the definition of "Per�onal and advertising injury": h. Discriminafion or humiliation that resul#s in injury to #he feefings or reputation of a natural person, but on{y if such discrimination or humifiation is: (1) Not done intentionalry by or at the direction of: (aj The insured; or (b) Any "executive officsr," direc#or, stackholder, partner. member or manager (if you are a limited liability company) of the insured; and (2) Not direc8y or indirectly related to khe employment, prospective empfoyment, past employment or terminadon of empioyment of any person or persons by any insured. B. ExcCusions of Sectian t— Coverage B— Persanal and Advertising injury Liabitity is amended to include the following: Discrimination Retating To Room, Dwefling or Premises Caused by discrimination dtrectly or indirectfy related to the sale, rentaf, lease or sub-lease or prospective sale, rentai, lease or sub-lease of any room, dwelling or premises by or at #he direction of any insured. Fines Or Penafties _ Fines or penalties levied or imposed by a governmental entify because of discrimination. D. This provision 4. (EXPANDED PERSCINAL AND ADVERTISING INJURY COVERAGE? daes not apply if Section t— Coverage B— Personal And Advertising Injury Liability is excEuded either by the provisions of the Coverage Part or by endorsemen�. 5. MEDtCAL PAYMENTS A. Paragraph 7. Medical Expense Limit� of Section� I!1 — Limits of Insurance is deleted and replaced by the following: 7. Subject to Paragraph 5. above (the Each Occurrenee Limit), the Medical Expense Limit is the most we wiq pay under Sectfon G-18fi52-1 (Ed. 07/09} —1— Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Msdicat Expense Limit is the greater ofi (9} $15,OQ0; or (2) The amaunt shown in the Declarations for RAedical Expense Limit • B. This provision 5. (Med'�cal Payments) does not appty if Section f— Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement C. Paragraph 1.a.(3)(b) of Section t— Coverage C — Medical Payments, is repiaced by , the foflowing: (b� The expenses are incurred and reported to us wittiin thr� years of the date of the acciden� and 6. LEGAL L{ABILITY AND BORROWED EQUIPMENT A. Under Section I— Coverage A— Bodily Injury and Praperty Damage 2. Exclusions, Exclttslon j. is replaced by the following. "Pra�erly damage" to: (1 j Property You own, rent, or occupy; .(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care. custody or control af the insured; {5) That particu(ar part of real properly on which you flr any,contractors or subcontractors wo�Icing tlfr�ctly o� indirectly on your behalf are performing apera6ons, if the "property darnage" arises out of thase operatians; or (6} That pa�#icuiar part of any property that must be restot�d, repaired or replaced because "your work" was incoRectly pertarmed on ik Faragraph {2) of this exclusion does not appfy if the premises are` "yaur work" and avere never `occt�pied, cented or held #or rental by you. Paragraphs (4}, (3} and (4) of this exclusion do not apply to: (i} "property damage" to tools ar equipment faaned ta you G includes copyrighted material of Insuranoe Setvices �ffice, Inc., with its permission. Page 4 of $ �Ed. o7ias� ��� Wright Roofing Inc. 4016325322 if the toois or equipment are not being used to perform operatians at the , _ time of lass; or (ii) "property damage" (other than damage: by fire} ta - premises -rented to you or temporarily accupied by you with the permission of the owner� or to the cantents af premises rented to you for a period ofi 7 or fewer consecutive days. A separate limit of � insurance appiiss to Damage To Premises Rented Ta You as described in Sectior� [tl — Limits Of Insurance. Paragraphs (3), (4y, {5) and (6) of this exclusian do not appEy to liability assumed under a sidetrack agreement Paragraph (G) of this exclusion does not aPPly to "property damage" included in the "products-completed , operations tiazard " B. Under Sectiorr 1— CoVerage A- Bodily Injury and. Property:Damage the last paragraph of 2. ` F�cclusions ' is deleted and replaced by the _ folfowing. Excfusians c. through n. da not app(y to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner �r to the contents of premises rented t� you fo� a peri�d of 7 or fewer c�nsecutive days. A separate limit af insurance applies tn this cnverage as described in Section III — Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III — Limits Of Insurance is repiaced by the following: C. Subtect to Paragraph S. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we wil! pay under Sectton — I— Coverage A for damages because of "property damage" ta any one premises while rented to you or - temporarily � occupied by you with the • ,,.;. permission of-the own�r, 9ncluding contents of such premises�rented to y�u for a periad of 7 or fewer consecutive days. The Damage To P�emises Rented To You Limit is the greater of: G-18652-I (Ed. 07l09) b. The Damage To Premises Rented To You Limit shown in the Declara6ons. D. Paragraph 4.b.(9)(a)(ii) of S@Ct10R N-- Commercial General liabifity Conditions is deleted and replaced by the following: {ii} Thaf is property insurance for premises rented to you or temporarily occupied by y�u with the pe�rnission af the owner, ar. E. This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENTj does not apply if Damage �To Premises Rented To You Liability under Section I— Coverage A is exduded either by the provisions of the Caverage Part ar by endorsement - 7. NON-OWNED WATERCRAFT Under Section 1-- Coverage A, Exclusion 2.g., subparagraph (2} is deleted and replaced by the following. (2y A watercraft you do no# own that is: (a} Less than 55 feet long; and (b) Not being used to_carry persans or property far a charge. 8. N�N-OWNED AIRCRAFT Exclusion 2.g. of Section I— Coverage A= Badily . Injury and Property Damage, does not apply to an aircraft you do not awn, provided tha� 1. The pilot in command haids a currently effective certificate issued by the duly consdtuted authority of the United States of America or Canada, designating that person as a commercial or airline transport pi(a� 2. It is rented with a trained, paid crew; and 3. It dc�es rtat transport persans or cargo for a charge. 9. CONTRACTUAL LiABiLITY F�R PERSONAL AND ADVERTISING INJURY Exclusion e. Contractual Liabiiity of Sec#ian I-- Coverage B is defeted. 90. SUPPLEMENTARY PAYMENTS A. Under Section t- Suppiementary Payments — Coverages A and B, Paragra�h 4.b., the limit of $250 shown for the cos# of bail �nds is . replaced by $2, 500: . . B. In Paragraph 9.d., tFie limit af $25D 5hown for daily loss af �amings is replaced by �9,000. 11. LIQUOR LIABiLlTY a. $200,D00; or Exclusian c. of Section I— Coverage A is dele#ed. G-98fi52-I Indudes copyrighted matedal af Insurance Senrices QFfice inc., wi�t, tts permtssion. Page 5 of S (Ed. 07/�9) --, a --� 12. NEWLY FORMED OR ORGANIZATIONS Wright Roofing Inc. 4016325322 ACQU[RED Paragraph 3.a. of Section 11-- Who !s An Insured is deleted and replaced by #he failowing: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this poficy's effective date after you acquire or form the organization, whichever is earlier. 13. UBERALIZ4Tl�N CL.AUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement withaut an additional premium charge, your policy will automaticaily provide the additional coverages as of the date the �evision is effective in your s#ate. 14. UNINTENTlONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if uninten#ionalty you should fail to disciose aq such hazards at the inception date af your policy, we will not deny coverage under this Coverage Part because of such failure. 1S. NOTICE OF QCCURRENCE The follawing is added to Paragraph 2. of Section N— Commerciai General LiabiJity Conditions — Duties In The Event of Occurrence, Offense, Claim or Sait: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suiY' and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part However, you shall give written notice of this "occu�rence," offiense, claim or "suit" to us as soon as yau are aware that this insurance m y ay apply ta such "occurrence," ofFense VIG�� fl�� � . . . . ... . . 9fi. BROAD KNOWLEDGE OF OCCURRENCE � The follow[ng is added to Paragraph 2, af Section lV — Commercial General Liability Conditions — Duties in The Event of Occurrence, �ffense, Ciaim or Suit: .You must give us ar our authorized representative notice af an ��OCCUffQfiCB," offense, claim, Of ° SUiY� only when the "accurrence," affense, claim or "suiY' is known to: ' (1) You, if yau are an individual; (2) A partner, if you are a partnership; (3) An execu�ve officer or the employee designated by you to give such notice, if you are a comoration; or �-� ass2-i (�d. 07/09) (4) A manager, if you are a limited iiability company. 97. AGGREGATE LIMITS PER PROJECT A. For ali sums which the insured becomes legafly ' obf€gated to pay as damages caused by "accurrences" under Section 1 Coverage A, and for a11 medical expenses caused by acciden#s under Section I— Coverage C, which can be attributed onfy to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. A separate Single Constn.iction Pmject General Aggregate Lirnit applies to each construcdon project away from premises owned by or rented ta the insured, and ihat limit is equal fo the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Projeci General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because af "bodily injury" ar "property damage" incfuded in the "products-completed operations hazard," and for medical expenses under Coverage C regardless of the number of. a. lnsureds; 4. b. Claims made or "suits" brough� o� c. Persons or organizations making claims or bringing "suits.° 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shal� reduce the Single Construction Project General Aggregate Limlt for that construction project away from premises owned by or rented to the insu�d. Such payments shaq not reduce the General Aggregate l�imit shoWn in #he Declarations ndr shall they reduce �any ottier Single Construction Project General Aggregate Limit for any other separate construcfion project away from prem9ses owned by or rented to the insured. The iimits shown in the Decfara�ons for Each Occurrence, Damage To Premises Rented To Yvu and Medicai Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declaradons, such limits will be subject to the, applicable Single Construc#ion Project General Aggregate Limit. _ ' B. For all sums which the insured becomes Iegally ob(igated tn pay as damages caused by "occurrences° under Sect�fln i— Coverage A, G Includes copyrlghted msterial of Insurance Services Office, Inc., with its permission. Page 6 O# 8 {Ed. 07/09} ��� Wright Roofing Inc. 4016325322 and for all medical expenses caused by accidents under Sectian 1— Coverage C, which cannot be atkributed` only to ongoing operations at a single constructian project away from premises owned by or rented to the insured: 1. Any"payments made under Caverage A for datnages Dr under Caverage C for,medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Compieted Operatians Aggregate Limit, whichever is applicabEe; and 2. Such payments shall not reduce any Single Construction Project General Aggregate Limit C. � When cflverage for fiabifity arising aut of the "products�arnp(eted , operations hazard" is provided, any payments for damages because of "bodily injur�' ar "property damage° inclucled in the "p�oducts-completed operations hazard" witl reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Cons#ruction Project General Aggregate Limit If a singfe cans#ruc�on project away from premises owned by or rented to the insured has been abandoned and then resta�Eed; or ifi the authorized contracGng parties deviate firom pfans, blueprints, designs, specifcations or timeNables, the pr+oject will stilf be deemed to be the same construction praject E. The provisions af Section ' ilt `- Limiks C3f Insurance not otherwise modifled by this endorsement shall continue ta apply as stipulated. 98. �XPANDED BODILY INJURY Section V— Deftnitions, the definition of "bodily in}ury" is changed to read: " eodi�y injury means bodify injury, sickness or cEisease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time wh9ch results as a cor�sequence of the bodity injury, sickness or disease. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I— Coverage A— Bodily Injury. and Property Damage Ciability is replaced by the foliawing: . • a. "Bodily : injury" : +or "proper[y - damage" "`: eXpected or, " intended. , from the ` ' � � 'standpoint of the irisur.ed. This exclusion does not apply 'to "bodily injury" or "properfy damage" resulting from the use of reasonable #orce to protect persons or praperty. G-18652-I (Ed. 07/09) 20. OWNER CONTR�L.L.�D INSURANCE PROGRAM� CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP-UP) (NSURANCE PROGRAMS The endorsement EXCi.USION - CONSTRUCTION WRAP-UP PROGRAM which is attached to this policy is amended as:folfows: A. If the endorsement EXCLUSfON — CONSTRUCTION WRAP-UR or another exclusianary sndorsement pe�ining to Owner Contralled Insurance Programs (O.C.I.P.j ar Contractor Controlied Insurance Programs (C.C.I.P.} is attached to this poGcy, then it is amended to add the follawing: �th respect to a "consolidated (wrap-up) insurance program" project in wh�ch you. are or were invoived, this exclusion dos,s not apply to: 1. Your liability for "bodity injury," "property damage," or "personaf or advertising injur�' that occurs during your ongoing operatians at the project, or during such operadons ofi anyone acting on your behalf; 2. Your liability for "badily injury" or "property damage" inciuded within the "products- completed operations haza�d° that arises out of those portions of the pr.aject that are not "residential structures. _ B. The fallowing is added to Paragraph 4.b.(1) of Section 11/-Commercial Generai Liability Conditions This insurance is excess over. (c) Any of the other insurance whether primary, excess, contingent or any ather basis that is insurance available to you as a resuit of your being a participant in a "consolidated (wrap-up) insurance program," but only as respects your ir�volve�nent ir� that "consolida�d (wra�s- up} insurance program." C. The foilowing is added to Section V— Definitions: "Consolidated .(wrap-up) insurance program" means a construcbon, erect�on or demolition project f�r which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some ar all of the contractors or subcontcactors involved in the project, otherwise referred to as an :- Owner Contro!!ed ` Insurance Program (O.C.I,P.) or Contractor_ Controlfed Insurance Progtam (C:C.i.P.}. . "Reside�tial structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human G-18652-I Includes copyrighted maledal of Insurance Senrices Otfice, tna, witn its �ermtsston. Rage 7 of 8 {Ed. Q7/09) Wright Roofing Inc. 4016325322 ��� residency including but not limited ta single or multifamily housing, apartments, condominiums, townhouses, co-operatives �r planned unit developments and also includes their common areas and/or appurtenant structures (inciuding pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individuaJ ownership of units, residential structure does not include military housing, coltege/university housing or domtitories, long terrr► care facilities, hotels, or motels. Residential structure also does nat include hospitals or prisons. 21. CONTRACTUAL LIABILITY— RAILROADS With respect to aperations per#ortned within 50 feet of railroad property, the definition of "insured contract" in Section 1/ — Definiti�ns is replaced by the foilowing: "Insured Contrac�' means: a. A contract for a lease af premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization irn damage by fire t� premises while rented to you or temporarify occupied by you with pernnission of the owner is not an "insured cantracY ; b. A sidetrack agreement; c. Any easement or iicense agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality, e. An elevator maintenance agreemen#; f. That part of any ather cQntract or agreement pe�taining to your business (including an indemnification of a municipality in connection with work petformed for a municipality) under which you assume the tort liability nf another party to pay for "bodily injury" or "property damage" #o a third person or o�ganization. Tort liability means a liabiiity that would be imposed by law in the absence af any contract or agreement Paragraph f. does not include that part of any contract or agreement G-18652-! (Ed. 07/09} (7} That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a� Preparing, approving or failing to prepare or approve maps, _ ' shop _ drawings, opinions, r�ports, SUNByS field orders, change orders ar drawings and specIfications; or (b) Giving directions or instnrcfions, or failing to give them, if that is the primary cause of #he i�jury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes tiabifity frsr an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervis�ry, inspectlon, architectural or engineering activiUes. 22. BLANKET WAIVER OF SUBGROGATION The Transfer Of Rights Of Recavery Against Others To Us Candition {Sectian IV — Commerclal General Liability Conditions} is amended by the addition of the.folfowing: We waive any right af recovery we may have against any person or organizapon because of payments we make for injury or damage arising out of: 1. Your ongoing operatio�s; or 2. "lfour wark" incfuded in the "products- completed operations hazard." Hawever, this waiver applies on�+ when you have ag�eB in writing to waive such rights of recavery in a contract or agreement, and only if the cantract or agreemen� 1. ls in effect or becomes effective during the term of khis policy; and 2. Was executed prior to loss. • 23. IN REM ACTIONS Any action in rem against any vessel owned, operated by or for, or chartered by or for yuu will be treated in the 'same manner as though the action were in personam against you. G-18652 Indudes copyrighled material of Insurance Services OfRce, fnc. with lts permiss3on. Page 8 ofi 8 (Ed. 07/09) Wright Roofing Inc. 4016325322 G-140331-C ��� (Ed. '10/�0) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL tNSURED - OWNERS, LESSEES OR CC?NTRACTORS - WITH PRODUCTS-COMPLETED OPERATlONS COVERAGE This endorsement modifies insurance provided under the followin�: - COMMERCI�4L GENERAL t{ABILITY COVERAGE PART �' SCHEDULE {OPTiONAL} Name of Addi#�onal Insured Persons Or Organizations {As required by "written contract" per Paragraph A. below.) Locations of Covered Operations {As per the "written contract," provided the I�cation is within the "coverage territory" �f this Coverage Part) 10.. Section II - Who is An ins�red is amended to include as an additional insurect: 7: Any persor� or. organiz�tion wham you are required by "written cantrac�' Eo add as an additional insured on this Caverage Pa� and ,2. ; The. paficular. person ; or organizatian, if any, scheduled above. 2. We will not provide the addiaona! insured any broader coverage or any higher limit of insurance than the least that is: " , B. The insurance provided to the additional insured is 3 ' limited as follows. 1. The pers�n ar organization is an addi4onal insured onty with respect to liability for "bodily injury," "property damage;' or "personal and advertsing injury" caused in whole or in parE by: a. Your acts or omissior�s; or 4. b. The acts or omissions of those acting an your behalf in the pe�Formance of your ongoing operations specified in the'1�vritten contracY; or c. "Your work" that is specified in the "wriften contract" 4ut only far "bodily injury" or "prop�rty damage" ' ' included in the "produ�ts-completed operadans hazard," and only ifi:< - _ ; (1) The "written contract" requires you to prbvide the additionaF insured such caverage; and (2) This Coverage Part prflvides such coverage. a. Required by the "writien contracY'; b. Described in 8.'{. above, or c. Afforded to you under this policy. This insurance is excess of alt other insurance availabfe to the additional insured whether on a prirnary, excess, contingent or any other basis. But if required by the "written contract," this insurance wilf be primary and non-cantributory relative to insurance on which the additional insured is a Idamed lnsured. The insurance provided to the additiona! insured does not apply to "bodily injury," "property damage; ` or "personal and advertising injury arising out of. a. The rendering of, or the failure to render, any professionaf architectural, engineering, ar surveying services, including: (1 } The preparing, approving, or failing to prepare or approve maps, shap drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (Z} Supervisory, inspection, architecturaf or engineering activities; or G-14033'E-C locludes copyrtghted mate�lal of fnsurance 5ervices O�ce, ina, with its pemtiission Page 1 of 2 (Ed. 10/10} � Wright Roofing Inc. 4016325322 ��� b. Any premises or woric for which the additional insured is specifically listed as an addi6onal insured on another endorsemenE attached to this Coverage Part. C. SECTION lV -- COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:. 9. The Duties in The Event of Occurrence, Offe»se, Ciaim or Suit condition is amended t� add the following addifianal conditi�ns applicable to the additional insured: An additional insured under this endorsement will as saon as practicable: (9y Give us written notice of an "accurrenoe° ar an offense which may result in a claim or "sui�" under this insurance, and of any claim ar "su'st" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured"' has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in tha inves�gation, defense, or settlement of the clair� or "suit", and (4} Tender the defense and indemnity_ of .any cfaim or "suiY' to any other �nsurer or seif insurerwhose poficy or program applies ta a loss we cover under this Coverage Part. But if the "writterr contracY' requires this insurance to be primary and non- contributory, this provision {4) daes not appfy to insurance on which the additianal tnsured is a Named fnsured. G-140331-C (Ed. 10/10) We have no duty to defiend or indemnify an additional insured under this endorsement until we receive from the addiaonal insured written' notice of a ciaim ar "suit" 2. With respect only to the insurance provided by this endor�emen�, � the first, : sentence ; of Paragraph 4.a, af the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and narr contributory except when rendered excess by endorsement G-140331-C, or when Paragraph b. belaw applies. D. Only for the purpose af the insurance provided by this endarsement, SECTION V— DEFINITIONS is amended to add the following definition: "Written contrac�' means a wri[ten contract or written agreement that requires you to make a person �r organization an additi�nal insured on this Coverage Part, provided the contract or agreement: 1. fs curcently in efFect or became5 effecctive during the term of this po(icy; and 2. Was executed prior to: . a. TMe "badily injury" flr "property damage"; o,� , b The offense that caused the "personal and advertising injury" fior which the additional insured seeks coverage under this Coverage Part G-94D331-C tncludes copytighted materiaf of lnsurance Services Office, Ina, with its permiss(an (Ed. 10/1Q) � , .. .. ��P � . .. . Page 2 of 2