AG 12-122RETURN TO:
n � EXT: �,(p� c�
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON:
Ul CGa � G.' �i
EXT: C� 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
�'1'ROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ,.�'HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT � SECURITY DOCUMENT �E.G. BONDRELATEDDOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
�CONTRACTAMENDMENT(AG#):�Z-�Z� ❑INTERLOCAL
� OTHER /n
� . � .. ' _ . / 1 ~' / / /I � .. ~/' /1 .rt wr2 _ .�.� //NA�O r I/ /Y/.
5. PROJECT NAME:
6. NAME OF CONTRACTO�:
ADDRESS: Lfb'
E-MAIL:
SIGNATURE NAME:
8.
9.
S
FAX:
TITLE 2d) 5r1
EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES�COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO 3IGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: COMPLETION DATE: i��� 1�
TOTAL COMPENSATION $ ��� 7" i�a (INCLUDE EXPENSES AND SALES TAX, IF ANY�
(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 ❑ YES � NO IF YES, $ PAID BY: ❑ CONTRACTOR O CITY
❑ PURCHASING: PLEASE CHARGE T0:11" 1 ' � � " l — � � I � `� �
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIE D INITIAL / DATE APPROVED
❑ PROJECT MANAGER j. 3 5
❑ DIRECTOR
o RISK MANAGEMENT (iFa,PrLtcasLE)
❑ LAW
1 I. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: �� COUNCIL APPROVAL DATE: • � ��
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 3 Z5/3
�ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 6��
INITIAL / DATE SIGNED Ir'.3
❑ LAW DEPARTMENT 3 2� I 3 3(� I� 3 � ����V�,��l�.����jO�
❑ SIGNATORY (MAYOR OR DIRECTOR) ✓~ C��� S� �J'����T�'
❑ CITY CLERK '.Z�7 ' b.1,`�� �Sld �n�'^'^'" �J
❑ ASSIGNEDAG# AG# - Z -J�' $' U o�0
❑ SIGNED COPY RETURNED DATE SENT: �• Z1 • 1�J -jip
COMMENTS:
z��! 3 - ��r� n
11/9
` C17Y oF CITY HALL
,"�..,- Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederaha�ay. com
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
EMERGENCY HOUSING REPAIR PROGRAM IiVAC CONTRACTOR
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Sondon, Inc., DBA City Energy Systems, 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 Emergency Housing Repair Program General Contractor Services ("Agreement")
dated effective July 23, 2012, as amended by Amendment No(s). 1, 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-2", 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). 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, 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 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 /2010
` CITY OF °
� Federal Way
CITY HAI.L
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-�000
www. cityoffederahvay. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below
CITY OF FEDERAL WAY
,,
By:
Skip Priest, ayor
DATE: �' Z�] ' Z D I�
SONDON, INC. DBA CITY ENERGY SYSTEMS
By: Gt�f w
Printed Name: c�-{� ���WIV�< �Ci�l0.�'Y1
ATTEST:
i Clerk, Carol McNeil , CMC
AP OVED AS TO FORM:
City A ey, Patricia A Richardson
Title: ��c�- �� �C � g �- ��� �lti4.c�c�{�
aJ
DATE: � 'Z�I — Zo � �j
STATE OF WASHINGTON )
) ss.
COUNTY OF
r' �
On this da.r personally appeared before me ' to me known to be the
��'i' of at executed the foregoing
ins ment, and acknowledged the said instrument to be the free d volunt 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.
GI`
,,, ,.. .
seal this c��r! " day of
Notary's signature
Notary's printed name
My commission expires
Washington.
AMENDMENT - 2 - 1 /2010
` CITY OF
,'�.., Federal
GITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 9$003-8325
(253) 835-7000
www. dtyoffederahvay. com
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services, the City sha11 pay the Contractor an additional amount not to
exceed twenty thousand and one 00/100 Dollars ($20,001.00). The total amount payable to Contractor pursuant to
the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed forty
thousand and 00/100 Dollars ($40,000.00).
AMENDMENT - 3 - 1/2010
RETURN TO: Brook Lindquist EXT: x2401
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: CED/HUMAN SERVICES
2. ORIGINATING STAFF PERSON: JAY BENNETT EXT: x2650 3. DATE REQ.BY:
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
X CONTRACTAMENDMENT(AG#):12-122 ❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: EMERGENCY HOUSING REPAIR PROGRAM CONTRACTOR
6. NAME OF CONTRACTOR: CITY ENERGY SYSTEMS
ADDRESS:_4202 AUBURN WAY NORTH#8,AUBURN,WA 98002 TELEPHONE_253-852-2174
E-MAIL: CITYSM 1981@COMCAST.NET FAX: 253-852-2252
SIGNATURE NAME: PATTI CUNNINGHAM TITLE OWNER
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE X ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 7/23/2012 COMPLETION DATE: 12/31/2013
9. TOTAL COMPENSATION$ NOT TO EXCEED$19,999.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES X NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED X YES ❑NO IF YES,$ PAID BY:X CONTRACTOR❑CITY
❑ PURCHASING: PLEASE CHARGE TO: 119-7300-996-551-20-410
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW )1P I(•21• 12
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CON TRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT .401 • •
❑ SIGNATORY(MAYOR OR DIRECTOR) /.` Z` $3'-I•
❑ CITY CLERK 11 1 -IL
❑ ASSIGNED AG# A # V —
❑ SIGNED COPY RETURNED DATE SENT: Z'I 1'
COMMENTS:
11/9
CITY OF CITY HALL
�..., 33325 8th Avenue South
Fe d e ra I Way
Federal Way,WA 98003-6325
(253) 835-7000
www c/tyoffederalway.com
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR •
EMERGENCY HOUSING REPAIR PROGRAM HVAC CONTRACTOR
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation("City"), and Sondon, Inc. DBA City Energy Systems,*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 Emergency Housing Repair Program General Contractor Services("Agreement") ,
dated effective August 8, 2012, 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-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). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any taxes imposed by any la'bful 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 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 - 1/2010
` CITY OF CITY HALL
33325,''�.... Federal Way Feder 8th Avenue South 003
Federal Way,WA 98003-6325
(253) 835-7000
www crtyoflederalway.corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
By: _
p nest, ayor City Clerk, Carol Mc -illy, u
DATE: I 2-1 13/ 2- APPROVED AS TO FORM:
'Atjity
'fey, _atricia A Richardson
CITY ENERGY SYSTEMS
r f
B VA •
Printed Name:i?oz ( •L.• CAA 14.1 ✓ic kCU4&
Title Rre L C"ci j E v wi y
DATE: t Z - Z - 2a ( Z-
STATE OF WASHINGTON )
) ss.
COUNTY OF KI nq )
On this day personally appeared before me } L.('u.rin'l n9ham, to me known to be the
Fre s dew- of a\y Ierc 64SteVn S 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 12.x' day of Dec ern a , 2012_
ott III milli ,
k.‘NAE A nip,* Notary's signature _i' .�L_ _
.... �F�.� Notary s printed name y ,/ i
t Notary Public in and for the State of Washington.
c°1`) NOTARY '
• �BUC • - My commission expires Alm- Z2,2-()6
�"III11tttt�
AMENDMENT -2 - 1/2010
CITY OF CITY HALL
,' .., Federal Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www atyoffederaiwaycom
EXHIBIT B-1
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services,the City shall pay the Contractor an additional amount not to
exceed fourteen thousand nine hundred and ninety-nine and 00/100 Dollars($14,999.00). The total amount payable
to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an
amount not to exceed nineteen thousand nine hundred and ninety-nine and 00/100 Dollars($19,999.00).
AMENDMENT -3 - 1/2010
RETURN TO: Brook Lindquist EXT: x2401
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: CED/Colvt�vtUNrrv SERV[CES
2. ORIGINATING STAFF PERSON: Jav BENtvETT EXT: x2650 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
O PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
x PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. sorm t�t,.aTED Doctm�NTS>
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL
� OTHER
S. PROJECT NAME: EMERGENCY HOUSING REPAIR PROGRAM CONTRACTOR
6. NAME OF CONTRACTOR: Ci'rY EtvExGY SYSTE1vtS
ADDRESS: 4202 AUBURN WAY NORTH #8, AuBUxr1, WA 98002 TELEPHONE 253-852-2174_
E-MAIL: CITYSM19H1@COMCAST.NET FAX: 253-852-2252
SIGNATURE NAME: Pa'rT[ C[7rrt11tvG�v1 TITLE PRESIDENT
7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES X COMPENSATION X INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 07/23/2012
COMPLETION DATE: 12/31/2U13
9. TOTAL GOMPENSATION $ NoT TOO ExcEED $5,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY�
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑�s X NO 1F YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: ❑ CONTRACTOR � CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW
❑ PROJECT MANAGER
a DIRECTOR
❑ RISK MANAGEMENT (IF ArpLICa,BLE)
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE�
119-7300-996-551-20-410
INITIAL / DATE REVIEWED
I � ! r
COMMITTEE APPROVAL DATE:
INITIAL / DATE APPROVED
COUNCIL APPROVAL DATE:
12. CONTRACT SIG'NATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ LAW DEPARTMENT
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
COMMENTS:
AG# �
DATE SENT:
11/9
` CITY OF CITY HALL
,,�'�... Federa I Way 33325 8th Avenue Soutt�
Federal Way, WA 98003-6325
(253) 835-7000
www. atyoffederahvay. com
MASTER CONTRACTOR AGREEMENT
FOR
EMERGENCY HOUSING REPAIR PROGRAM — HVAC CONTRACTOR
This Emergency Housing Repair Program ("EHRP") Master Contractor Agreement ("Agreement") is made between
the City of Federal Way, a Washington municipal corporation ("City"), and Sondon, Inc. DBA City Energy Systems,
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:
CITY ENERGY SYSTEMS:
Tom Cunningham
Owner
4202 Auburn Way North #8
Auburn, Washington 98002
(253) 852-2174 (telephone)
(253) 852-2252 (facsimile)
The Parties agree as follows:
1. DEFINTTIONS.
CITY OF FEDERAL WAY:
Jay Bennett
Community Services Manager
33325 8�' Ave. S.
Federal Way, WA 98003-6325
(253) 835-2650 (telephone)
(253) 835-2409 (facsimile)
1.1 Certificate of Acceptance shall mean a written statement issued by the City and signed by the City's inspector to
be delivered to a Homeowner for execution stating that all Work has been generally completed in accordance with the Work
Write-up for an Identified Project.
1.2 Chanee Order shall mean an amendment to the Work and/or Contract Price pertaining to an Identified Project,
submitted by Contractor and approved by a Homeowner and the City in accordance with the Project Documents and the EHRP
Guidelines.
1.3 Citv shall mean the City of Federal Way, and shall include its various departments, officers, employees, legal
representatives, agents and third party vendors.
1.4 Competitive Sealed Proposal shall refer to the project delivery method authorized by Chapter 39.04 RCW and
the adopted City of Federal Way Contract and Purchasing Manual, Chapter 5, Section E(Limited Public Works Process) and
required in connection with Reconstruction or Rehabilitation Projects under the EHRP, except in the cases of emergency
conditions, at which time the City sha11 select a vendor based upon availability and/or price and as outlined in the City of
Federal Way Contract and Purchasing Manual Chapter 2, Section D.
1.5 Contract Price shall mean the price to be paid by the City to the Contractor for the performance of the Work in
connection with an Identified Project. Any changes in the Contract Price sha11 only result from authorized Change Orders. The
Contract Price shall be paid in the form of a single payment at the completion of the Work in accordance with the Notice to
Proceed.
1.6 Contractor shall mean the contractor designated in the introductory paragraph of this Agreement. For
Reconstruction Projects, the Contractor shall be selected utilizing the Competitive Sealed Proposal method, with sealed work
plans and specifications in accordance with applicable laws and procedures, including the EHRP Guidelines.
MASTER CONTRACTOR AGREEMENT - 1- 4/2012
� CITY OF
,,'�.... Federal
CITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. aryoffederahvay. com
1.7 Contractor's Application for Pavment shall mean that certain Application and Certificate for Payment submitted
by Contractor requesting payment in accordance with the Notice to Proceed. Such Contactor's Application for Payment shall
reflect the cost for successful delivery of the entire Work completed by Contractor, shall include the notarized signature of the
Contractor and otherwise be in form and substance acceptable to the City.
1.8 EHRP shall mean the CDBG Program being ixnplemented by the City pursuant to Grant No. B-12-MC-53-0015
between the City and the Housing and Urban Development Departxnent.
1.9
1.10
EHRP Guidelines sha11 mean Emergency Housing Repair Guidelines adopted by HSD.
HSD shall mean the City's Human Services Division.
1.11 Homeowner shall mean an owner of a Residence that qualifies under the EHRP for the Rehabilitation of its
Residence located on the Homeowner's Property.
1.12 Homeowner Agreement shall mean the agreement by and between a Homeowner and the City governing, and
executed in connection with, an Identified Project.
1.13 Homeowner's Property shall mean the land of a Homeowner, all rights and appurtenances thereto; all
improvements now or hereafter attached to the land or improvements, and all substitutions and replacements thereof and
additions and successions thereto.
1.14 HUD shall mean the U.S. Department of Housing and Urban Development and any successor government
agency,
1.15 Identified Project shall mean the Rehabilitation of a specified Residence located on a specified Homeowner's
Property pursuant to the EHRP. Each such Identified Project shall be subject to and governed by the terms and provisions of this
Agreement and the Project Documents.
1.16 Mana�er shall mean the Manager of HSD or any other person(s) that may be designated to perform the various
functions assigned to the Manager.
1. I 7 Notice to Proceed shall mean the written authorization issued by the City for the Contractor to proceed with the
Work set forth in the Work Write-up for an Identified Project.
1.18 Payment Request shall mean the form prepared, signed and submitted to HSD by the Contractor. The Payment
Request shall reflect the value of a11 the completed and approved Work on the specified line items by trade, the total of the line-
item cost of all of the completed Work by trade listed.
1.19 Plans and Specifications sha11 mean a detailed itemized list approved by the City that provides instructions to
the Contractor for an Identified Proj ect, which may include drawings as applicable. Plans and Specifications may be amended
by authorized Change Orders.
1.20 Project Documents shall mean this Agreement, the Homeowner Agreement, the Plans and Specifications, the
Notice to Proceed, the Certificate of Acceptance, and all other documents pertaining to, or executed in connection with, an
Identified Project.
1.21 Rehabilitation Project shall mean those repairs required to remove all life, health, or safety hazards to a
Residence on a Homeowner's Property, plus increases pursuant to Change Orders.
MASTER CONTRACTOR AGREEMENT - 2- 4/2012
` CITY OF
� Federal
CITY HALL
Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
w�vw atyoffederahvay. com
1.22 Residence shall mean a single family detached dwelling located on, or to be rehabilitated on a Homeowner's
Property.
1.23 Subcontractor shall mean any person or entity that, pursuant to this Agreement, will perform Work at a
Residence at the request of Contractor.
1.24 Survev shall mean an identification of all relevant characteristics of a Homeowner's
Property, including but not limited to a Homeowner's Property location, the improvements location description of a
Homeowner's Property.
1.25 Work sha11 mean the labor and the materials necessary to complete an Identified Project pursuant to the Project
Documents.
1.26 Work Write-un sha11 mean the form that specifies and quantifies the Work to be done in connection with an
Identified Project, and includes the Plans and Specifications.
2. 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 December 31, 2013
("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and
the Contractor.
3. WORK.
3.1 Work. For each Identified Project, the Contractor shall provide goods, materials, labor and services and
otherwise perform the work more specifically described in Exhibit "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 ofthe
Mayor or his or her designee.
3.2 Side Aereements. All work to be performed and all specifications pertaining thereto will be identified in
the Project Documents. CONTRACTOR SHALL PERFORM NO OTHER WORK iTNI,ESS CHANGE ORDERS FOR
ADDITIONAL WORK OR MATERIALS ARE ISSUED IN ACCORDANCE WITH THIS AGREEMENT AND THE
PROJECT DOCUMENTS. All properly approved and executed Change Orders shall be made a part of Project Documents.
The Contractor agrees not to enter into any side agreements for additional work or materials for a Residence over and
above those specified in the Work Write-up, where such labor is to be performed or material to be supplied or installed
prior to the issuance of a Certificate of Acceptance.
3.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide
the Work and is appmpriately accredited and licensed by a11 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 puipose 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 a11 Work performed which the City deems to have defects in workmanship and material
discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to a11 warranty
provisions established under the Uniform Commercial Code, Title 62A RCW. The Contractor shall furnish the City with all
manufacturer's and supplier's written guarantees, warranties and operating instructions covering materials and equipment
furnished under the Project Documents for each Identified Project, together with any documentation required for validation. In
the event any part of the goods is repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable.
When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such cornection
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 at no additional expense to the City or the Homeowner. If the Contractor dces not
MASTER CONTRACTOR AGREEMENT - 3- 4/2012
` CITY OF
,,'�... Federal
CITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www dtyoflederahvay. com
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.
3.3 Time, Documentation, and Inspection. The Work to be performed in connection with each Identified Project
shall commence on the date specified in the Notice to Proceed issued in connection with such Identified Project. The Work shall
be completed within the time period specified in said Notice to Proceed. 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 sha11 not
relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's
knowledge of defective or non-complying performance, its substantiality or the ease of its discovery.
3.4 Clean Un. At any time ordered by the City and imxnediately after completion of the Work, the Contractor shall,
at its own expense, clean up and remove a11 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 sha11 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.
4. TERMINATION.
4.1 Termination with Cause.
4.1.1 The City may terminate this Agreement in its entirety or as to an Identified Project for cause by giving
written notice to the Contractor under any of the following circuxnstances:
a. If Contractor neglects to perform the Work in connection with any Identified Project properly, or in a
tixnely manner, or refuses or neglects to supply proper or sufficient materials or workmen, or fails to perform any provision of
any of the Project Documents pertaining to an Identified Project;
b. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his creditors, or if a
receiver is appointed on account of insolvency;
c. If Contractor fails to make prompt payment to any Subcontractor for material or labor; or
d. Contractor violates any public law or ordinance.
4.1.2. If the City terminates this Agreement in its entirety or as to an Identified Project for cause, the City
may take possession of the Identified Project site or sites and utilize any and a11 materials and appliances to be provided under
the respective Project Documents which are located on the site or sites to fmish the Work. The City shall not prejudice any of
the City's rights or remedies under this Agreement or the respective Project Documents, or by law, by terminating this
Agreement in its entirety or as to an Identified Project for cause or by taking possession of the site or sites.
4.1.3. In case of termination of this Agreement in its entirety or as to an Identified Project for cause pursuant
to this subsection, the Contractor shall not be entitled to receive any payment for any Identified Proj ect until the Work for such
Identified Project is completed. Upon completion of any such Identified Project, the Contractor shall be given any balance of the
Contract Price less any damages and less the amount of expenses incurred by the City in fmishing the Work for such Identified
Pmject, including any costs in addition to or in excess of those originally contemplated in the Pmject Documents for such
Identified Project. If the cost in completing the Work for any such Identified Project is greater than the original Contract Price,
the Contractor shall pay the difference to the City upon ten (10) days written demand.
4.2 Termination Without Cause. The City may terminate this Agreement in its entirety or as to an Identified Project
without cause by giving written notice of said termination to the Contractor. In case of termination of this Agreement in its
entirety or as to an Identified Project without cause pursuant to this subsection, the Contractor shall submit his final statement
for all Work performed through the date of termination for the respective Identified Project or, in the case of the termination of
this Agreement in its entirety, for all Identified Projects under this Agreement, which shall be payable in the manner provided in
Section V of this Agreement.
MASTER CONTRACTOR AGREEMENT - 4- 4/2012
� CITY OF
..'�.. Federal
CITY HALL
way 33325 8th Avenue South
Federal Way, WA 9$003-6325
(253) 835-70Q0
wwrv ciryoffederahvay.com
4.3 Accet�tance of Inferior Work. In connection with any Identified Project, the City may accept Work that appears
to be incorrect if, in the City's opinion, it is impractical to have the Work corrected. In such case, the City does not waive the
defect, but rather may deduct a reasonable amount for the loss sustained from the Contract Price for said Identified Project. This
subsection is not intended to limit the right of the City to recover additional damages as may be permitted under this Agreement,
the respective Project Documents or by law.
4.4 Cessation of Work. Upon receipt of a notice to terminate from the City, the Contractor sha11 discontinue a11
Work under this Agreement and all Project Documents for each Identified Project, unless the notice specifies a later termination
date or that specific Work be completed prior to termination.
5. COMPENSATION.
5.1 Contract Price. 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 E�chibit "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.
5.2 Change Orders. If the Contractor determines that a change in the Work or Contract Price is required; the
Contractor may submit an estimate for increases or decreases due to such change. The City sha11 review the requested change. If
the City elects to authorize the change, the City will compute the reduction from or addition to the Contract Price due to said
change and will authorize such change in writing by the issuance of a Change Order. The Contractor will not, and shall not have
any obligation to, perform any change in the Work until a Change Order has been authorized and issued by the City. Under no
circumstances may the amount of the Contract Price, plus Change Orders exceed the ma�cimum amount of assistance authorized
under the EHRP Guidelines.
5.2 Method of Payment. Once the Work has been completed, the Contractor sha11 submit a Payment Request 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. The Contractor will then schedule and conduct a walk-through
inspection of the Residence together with the Homeowner and the Contractor. During the final inspection, the City's inspector
will prepare a field report in which the City's inspector determines whether the Work has been satisfactorily completed in
accordance with the Project Documents. He will discuss the warranty and any other outstanding issues with the Homeowner.
The City's inspector and the Homeowner will make a list of items that are in need of correction or completion, based upon the
Project Documents (the "Punch List"). The City's inspector will provide the Homeowner and Contractor with a copy of the
Punch List. The Contractor will schedule and complete the Work on the Punch List within five (5) days of receipt thereof.
When the Work on the Punch List is complete, the Contractor, Homeowner and City's inspector will verify that all such Work
has been completed. Upon completion of all Work on the Punch List and verification of the completion by the Contractor, the
Homeowner and the City's Inspector, the City's Inspector will sign and forward the Payment Request for the final payment to the
City HSD office for processing and payment, which final payment, will be made to the Contractor after thirty (30) days from the
date of the Payment Request. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify
the work to comply with the Agreement. T'he City may withhold payment for such work until the work meets the requirements
of the Agreement.
5.3 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
MASTER CONTRACTOR AGREEMENT - 5- 4/2012
` CITY OF
,'.�.,., Federal
Contractor.
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www ciryoifederalway. com
5.4 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.
5.5 Final Pavment: Waiver of Claims. Contractor's acceptance of fmal 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.
6. INDEMNIFICATION.
6.1 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 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 pmperty 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 sha11 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 sha11 not be grounds to avoid any of these covenants of indemnification.
6.2 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.
6.3 Citv Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and a11 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.
6.4 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.
7. 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 performed
under the Project Documents for an Identified Project for the duration of the Agreement and thereafter with respect to any event
occurring prior to such expiration or termination as follows:
7.1. 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:
MASTER CONTRACTOR AGREEMENT - 6- 4/2012
� CITY OF
,�., Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederah,vay. com
a. Commercial generalliability 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 $2,000,000 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.
7.2. No Lixnit 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 sha11 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.
7.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general
liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of
insurance for all commercial 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 payxnent of
premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to
maintain tail coverage for a minixnum period of three (3) years from the date this Agreement is actually terminated or upon
project completion and acceptance by the City.
7.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
8. 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. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The
Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records
disclosure request.
9. 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 make such data, documents, and files
available to the City and shall deliver all needed or contracted for work product 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.
10. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which suf�iciently 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.
11. INDEPENDENT CONTRACTOR / EMPLOYEE CONDTTIONS.
11.1 Indenendence. 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,
MASTER CONTRACTOR AGREEMENT - 7- 4/2012
` CITY OF
,.�.. Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 9$009-6325
(253) 835-7Q00
www cityoffederahvay. com
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 employment 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.
11.2 Safetv. 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 sha11 utilize a11 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 sha11 protect from damage a11 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 Work. 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
11.3 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
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
12. 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.
13. EOUAL OPPORTUNTTY 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 Gontractor 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 to, but not be limited to, the following: employment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI ofthe 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.
14. GENERAL PROVISIONS.
14.1 Interpretation and Modification. This Agreement, together with any attached E�ibits, 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. The respective captions of the Sections
of this Agreexnent are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of
MASTER CONTRACTOR AGREEMENT - 8- 4/2012
� CITY OF
,,'�.. Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 980d3-6325
(253) 835-7�00
www cityoffederalway. com
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.
14.2 Assi�nment 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 sha11
have any right of action or interest in this Agreement based on any provision set forth herein.
14.3 Anplicable Law. This Agreement is subject to all laws of the United States of America, the State of
Washington, and ordinances of the City and all rules and regulations of any regulatory body or office having jurisdiction and in
particular, without limitation, the federal regulations codified at Title 24, Code of Federal Regulations (CFR) Part 570 or 24
CFR Part 92.
14.4 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, occurs as a result of the formation or performance of this Agreement, this Agreement
may be rendered null and void, at the City's option.
14.5 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 intend�
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, govemed 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,
sha11 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
to any other recovery or award provided by law; provided, however, however nothing in this paragraph sha11 be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
14.6 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
MASTER CONTR.ACTOR AGREEMENT - 9- 4/2012
` CITY OF
�.�.... Federal
CITY HALL
Way 33325 8th Avenue South
Federai Way, WA 9$003-6325
(253) 835-7000
www. cityoffederahvay. com
number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed
the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof
hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such
counterparts may be assembled together to form a single instrument comprised of a11 pages of this Agreement and a complete set
of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this
Agreement shall be the "date of mutual execution" hereof.
[Signature page follows]
MASTER CONTRACTOR AGREEMENT - 10 - 4/2012
� CITY 4F
�, Federal
CITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 9$Ob3-8375
(253) 835-7000
www cityoflederahNay. com
1N WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
r �
Skip Pries ayor
DATE: �I;Z,'=1 I ���2,
CITY ENERGY SYSTEMS
� !�%� . L . �� /u l�d
_ �
� -� . �,�.
� ' � �11v ' ,
, �.
.
i� � , �
�. i • �I
ATTEST:
.
City Clerk, Carol McNeill , CMC
APPROVED AS TO FORM:
� �
4
City Att y, Patricia A Richar son
STATE OF WASHINGTON )
) ss.
COUNTY OF
On this day personally appeared before me �` �t�n�l' pm to me known to be the
Q�),�,.. a- of dw+ l � C; e,••a.� that executed the foregoing
instrument, and acknowledged the said instrument to be the ee an o untary 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 �''j day of �i,� ��t— , 20�
\ `` ` � � t � a � � w u i , r � ,,, � �
````�� ,PCOB J. Cq9 i�,'i NOtaI�/'s signature
;•'o`��`$�ONE�•����,,�'.� Notary's printed n e a Ca./`�
'����r �; _ Notary Public in and for the State of Washington.
�,:. ,� '°�a�ic
' �i� � �Z •� �
; •
, �' �s. � • �o :
�,,'�%°� iv'a Si��H°,�'`,.
My commission expires� ,, i �
MASTER CONTRACTOR AGREEMENT - 11 - 4/2012
` GITY OF
,.'�...r Federal Way
EXHIBIT �A"
WORK
Identified Proiects
CITY HALL
33325 8th Avenue South
Federal Way. WA 9$003-83�5
(253) 835-7000
www. c�tyoffederahvey. com
Pro'ect Number Sco e NTP Date
MASTER CONTRACTOR AGREEMENT - 12 - 4/2012
� CITY OF
,�'�.. Federal
GITY HALL
��� 33325 8th Avenue South
Federal Way, WA 9$00�-8325
(253) 835-7000
www. c�t�noffederahvay. com
Exx�BiT KB»
COMPENSATION
Total Compensation: In return for the Work, the City shall pay the Contractor an amount not to exceed five
thousand and 00/100 Dollars ($5,000.00) for the-following Identified Projects:
Pro'ect Number Sco e Cost
MASTER CONTRACTOR AGREEMENT - 13 - 4/2012
� CITY OF
�,, Federal Way
EXHIBIT KC"
INSURANCE CERTIFICATE
(to be provided by Contractor)
CITY HALL
33325 8th Avenue Soutli
Federal Way, WA 9$0(�3-6375
(253) 835-7000
www. cityoffederalway. com
MASTER CONTRACTOR AGREEMENT - 14 - 4/2012
���� CITYS-1 OP ID: TT
ACOROw o^� �M��'►
� CERTIFICATE OF LIABILITY INSURANCE 08/16/12
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA7IVELY 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 hoider 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 endorseme�rt. A statemerrt on this certificate does not cor�fer rights to U�e
certificate holder in lieu of such endorsement(sl.
PRODUCER
Fournier Insurance Solutions
Univers'Ry Place Branch
5712 OrcF�ard Street
UniversitY Place, WA 98467
Michael !t Englund
INSU�D $011dOfl, I11C.
dba City $F�eet Metal
cba City Energy System
4202 Aubum Way Nwtl� �8
Auburn, WA 98002
Tricia Taylor
.,. 253-473-3070
INSURER A• Ohb Cu�ly Ina�rence Co.
INSURER B: Twvehrs Cawatty W�ranoe
253-473-5363
wuc a
COVERAGES CERTIFIGATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF fNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIMTHSTANDING ANY REQUIRFJIAENT, 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,
EXCWSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
� TYPE OF 9/3URANCE pOUCY NUMBER MOt1CY EPF POtJCY EJ� ��
(iENERAL LJABILiTY EACH OCCURRENCE E ���,
A X COMMERCIAL GENERAL LIABILITY X BL053119899 08/16H2 08H 6/13 ��S �� s 1,000,
ClA1MS-MADE � OCCUR MED D(P (My or� person) i � 5,
PERSONAL & ADV INJURY S ���i
X WA Stop Gap c�EwLL�cc�ECare s Z.��
GEN'L AGGREGA7E LIMIT APPLIES PER: PRODUCTS - COMPRDP AGG E 2s��.
X POLICY �a LOC S
AUT�LE LtABMJTY INED SI LILMT i ��
Ea e0ciderd E � �
B X iwvauro BA1C116816 08/'16M2 08H6M3 6OU�LYMIJURY(Perpe�aon) s —
AlL OWNED SCHEDULED �DILY INJURY (Rer acddera) E
AUTOS X AUTOS
HIRED AUTOS X pN�-0�� Per aodtleM f
a
UM�tELLA W16 p�UR EACH OCCURRENCE E
�C� � CLAIMS-MADE AGGREGATE E
DED RETENTIOPI E _
W'ORKERS COA�978A7pN WC STATU- 071+
AND EMPLOYERS' LII�ILITY Y/ N TORY LIMIT ER
ANY PROPRIETORlPARTNERIEXECUTIVE E.L. EACH ACCIDENT E
OFFICERANEM�R EXCLU�D? � N / A
(MMndatory M NFf) EL DISEASE - EA EN�LO i
N yes, �srxibe �
DESCRIPTION OF OPERATIONS bebw E.L DISEASE - POI.ICY LMAIT S
p WA E�G� � 3318649 02122172 02IZ2I13 Limit 4�
DESCRIPiION � OPERATiON8/ LOCA7WNS / VEIXCLES �Atbch ACORD 101, Ad�tlonal � Scheduk, M mae apace b esqW�ad)
RE: Operations of tl�e Named Insured in connecGorn�r witl� Emer+gency Housing
Repair Program - HVAC Contract.
Additional fr�ured fonn CG8810 is attached.
CIIYF-2
StiOULD ANY OF 7F� ABOVE �D POLIC�B BE CANCELi.ED BEFORE
T}� �(P�ATION �liE THEREOF, N0710E WILL BE �LNERED IN
City of Federal Way ACCORDANCE WI7H THE Pa.�Y PROVISIONS.
33325 8th Ave S
Federal Way, WA 98003-6325 �HO�D ���
�1 y�.���` �a�.C�2%
O 1988-2010 ACORD CORPORATION. AII rights reserved.
ACORD 25 (201M05) The ACORD name and logo are registered marks of ACORD
COMAAERCIAL GENERAL LIABILITY
CG88101009
THIS ENDORSEMENT CHAMGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTEPISION
7his endorsement modi�es insurance provi�d under the folbwing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART �
INDEX
SUBJECT
NON-OWIdED AIRCRAFT
NON-0WNED WATERCRAFT
PROPER7'Y DAMAGE LfABILITY — ELEVATORS
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
MEDICAL PAYMENTS EXTENSION
EX7ENSION OF SUPPLEMENTARY PAYMENTS -- COVERAGES A AND B
ADDITlONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT
PRIMARY AND IdON-CONTRIBUTORY- ADDITIONAL IhiSURED EXTENSlON
ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
WHO IS AN lNSURED — INCIDENTAL MEDICAL fRRORS/MALPRACTICE AND WHO IS AN INSURED —
FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACQUIRED EPITITIES
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLA1M OR SUIT
LIBERALI7ATION CLAUSE
BODILY INJURY REDEFINED
EXTENDED PROPERTY DAMAGE
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITN YOU
�2010 LlbeRy Mtdual Insurance Canpany. Aq �igMs rese►ved.
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PAGE
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With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
A. NON-0WNED AtRCRAFT
Under Paragraph 2. Exciusions of Section I— Coverage A- Bodily Injury And Property Damage Liabilily,
exctusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. it is nat owned by any insured;
2. it is hir�, chartered or laaned with a trained paid c�ew;
3. The pilot in command holds a cuRently effective certificate, issued by the duty constituted authority of the
United States of Ame►ica or Canada, designating her o� him a eammercial or airline pila� and
4. It is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not appiy if there is available to the insured other vaNd and
collectible insurance, whether primary, excess (other than insurance written to apply specificaNy in exoess of this
policy), contingent or on any other basis, that would aiso apply to the loss covered under this provision.
B. NON-OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section 1— Coverage A- Bodily Injury And Properly Damage Liability,
Subparagraph (2) of exciusion g. Aircraft, Auto Or Watercraft is replaced by the folirnving:
This exclusron does not a�ly to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet {ong; and
(b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY — ELEVATORS
1. Under Paragraph 2. Exciusions of Section 1- Coverage A— Bodily Injury And Property Damage Liability,
Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage"
resuifs from the use of elevators. For the purpose of this provision, elevators do not include vehicle liRs.
Vehicle I'ifts are lifts or hoists used in autamobile service or repair o�rations.
2. The following is added to Section N— Commerciai General Liability Conditions, Condition 4. Other
lnsurance, Paragraph b. Excess Insurance:
The insurance affaded by this provisian of this endorsement is excess over any property insurance, whether
primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY REPITED TO YOU (Tenant's Property Damage)
if Damage To Premises Rented To You is not otherwise exciuded from this Coverage Part:
1. Under Paragraph 2. Exclusions of Section I- Coverage A- Bodily injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following:
Paragraphs (1}, (3) and (4) of this exclusion do not apply to "property damage" (other than damage by
fi�e, lightning, explosion, smoke, or teakage ftom an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or
(ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.
Paragraphs (1), (3� and (4) of this exclusion do not apply to "property damage" to contents of premises rented
to you for a period of 7 or fewer consecu6ve days.
A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance.
�2010 liberty Mutual lnstuarx:e Compa�y. AN ri9hts reserved.
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b. The last paragraph of subsection 2. Exclusions is repiaced by the foitowing:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from
automatic fire protection systems to premises while rented to you or temporarily accupied by you with
permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To
You as described in Section III — Limits Of Insurance.
2. Paragraph 6. under Section III — Limits Of insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented 7o You Limit is the most we will pay
under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; ar
(2) While rented to yau or temporarily occup'ied by you with permission of the owner for
damage by fire, lightning, explosion, smoke or leakage from automatic protection
systems; or
b. Contents that you rent or lease as part of a premi:�s rentai or lease ag�eement
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED Ta YOU
(Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contraet for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage
from automatic �re protection systems to premises while rented to you or temporarily axupied by you
with the permission of the owner, or for damage to contents of such premises that are included in your
premises rental or lease agreement, is not an "insured contracY'.
E. MEDICAL PAYMENTS EXTENSIOId
ff Coverage C Medical Payments is not otherwise excluded, the Medical Payment�s provided by this policy are
amended as foliows:
Under Paragraph 1. insuring Agreement of Section 1— Coverage C— AAedical Payments, Subparagraph (b) of
Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported writhin three years of the date of the ac�adent; and
F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B
1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replac,ed by the following:
b. Up to �3,080 for cost of bail bonds required because of accidents or traffic law violations arising out of
the use of any vehicle to which the Bodily Injury Liabitity Coverage appiies. We do not have to fumish
these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonab[e expenses incuned by the insured at our request to assist us in the investigation or
defense of the claim or °suit", including actual loss of eamings up to $500 a day because of time off
from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2, under Section II — Who Is An insured is amended to inctude as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written agreement or
permit Such person or organization is an additional insured but only with respect to tiability for'bodily injury",
"property damage° or "pe�sanal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of
your on going operations for the additianai insured that are the subject of ttie written contract or written
agreement provided that the "t�dity injury" or °prapetty damage" occurs, or the "personal and
advertising injury° is commi#ted, subsequent to the signing of such written contract or written
agreement; or
�2010 Li�rty MuWal lnsurance Cwr�pany. AM rigMs reserved.
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b. Premises or facilities rented by you or used by you; or
c. The maintenance, operation or use by you of equipment rented or leased to you by such person or
arganization; or
d. Operations performed by you or on your behaif for which the state or political subdivision has issued a
permit subject ta the fotlowing additional provisions:
(9 ) This insurance does not a�ly to "bodily injury", °property damage°, or "persona! and
advertising injury" arising out of the operations performed for the state or politic�l subdivision;
(2) This insurance does not apply to "bodily injury" or "property damage" included within the
"completed operations hazard".
{3j tnsurance app{ies to premises you own, rent, or control but onty with respect to the following
hazards:
(a1 The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, ceitar entrances, coai holes, driveways, manholes,
marquees, hoist away openings, sidewalk vaults, street banners, or decc�rations and
similar exposures; or
(b) The cor►struction, erection, or removal of elevators; or
{c) The ownership, maintenance, or use of any elevators cavered by this insurance.
With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured unde� this
endorsement ends when:
(1) All work, including materials, parts or equipment fumished in connectian 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 compteted; or
(2) That portian of "your work" out of which the injury or damage arises has been pui to fts
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.
Wth respect to Paragraph 1.b, above, a person's or organization's status as an additionai insured under this
endorsement ends when their written cantract or written agreement with you for such premises or facilities
ends.
With respects ta Paragraph 1.c. above, this insurance does not apply to any "occurrence" wh�h takes place
after the equipment rental or lease agreement has expired or you have retumed such equi�ment to the lessor.
The insurance provided by this endorsement appiies only if the written contract or written agreement is signed
prior to the "bodily injury" or "property damage".
We have no duty to defend an additional insured under this endorsement until we receive written notioe of a
"suit" by the additionaf insured as required in Paragraph b. of Condition 2. Duties in the Event Of
Occurrence, Offense, Claim Or Suit under Ssction IV — Commercial General Liability Conditions.
2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section 1- Coverage A- Bodily Injury And Property Damage Liability:
This insurance does not appty to:
a. "Bodily injury" or "property damage° arising from the sole negligence of the addifional ins�ired.
b. °Bodily injury" or'property damage° that occurs prior to you commencing operations ai the locafion
where such "bodily injury" or °property damage' occurs.
c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of,
or�the failure to render, any professionai architectural, engineering or surveying services, including:
�12010 lJberty Mt�ai insurarxx� Company. AN rigt�s reserved.
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(1) The preparing, approving, or failing to prepare or approve, maps, shop. drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; or
(2) Supervisory, inspection, architectural or engineering activities.
d. "Bodily injury" or "property damage" occuRing after:
(1) All wo�ic, including materials, parts or equipment fumished in connection with such work, on
the project (other than service, main#enance or repairs) to be performed by or on behalf of the
additional insured(s) at the lacation of the covered operations has been completed; or
(2) That portion of "yaur work" out o# wrhich the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcon#ractor
engaged in performing operations fo� a principal as a part of the same project.
e. Any person or wganization specifically designated as an additional insured for on�ing aperations by
a separate ADDITIONAL INSURED AWNERS, LESSEES OR CONTRACTORS endorsement
issued by us and made a part of this policy.
H. PRIMARY AND NOId-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provisian applies to any person or organization who qualifies as an addifional insured under any form or
endorsement under this policy.
Condition 4. Other Insurance of SECTtON tV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as
fc�liows:
a. The foilowing is added to Paragraph a. Primary insurance:
If an additional insured's policy has an Other Insurance provision making its policy excess, and you have
agreed in a written c�ntract or writien agreement to provide the additional insured coverage on a primary and
noncontributory basis, this policy shali be primary and we wiil not seek contribution from the additional
insured's policy for damages we cover.
b. The fofbwing is added to Paragraph b. Excess Insurance:
When a written c�ntract or written agreement, other than a premises lease, facilities rental contract a-
agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political
subdivision befinreen yau and an additional insured does not require this insurance to be primary or primary
and non-contributory, this insurance is excess over any other insurance for which the additional insured is
designated as a Named Insured.
Regardless of the written agreement between you and an addidonal insured, this insurance is excess over any
other insurance whether primary, excess, contingent or on any other basis for which #�e addifional insured has
been added as an additional insured on other policies.
ADDITtONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF tNSURANCE"
This provision applies to any person or organization who qualifies as an additionai insured under any form or
enda'sement under this �licy.
1. The following is added to Condition 2. Duties In The Event Of Occurrsnce, Offense, Ciaim or Suit:
An additional insured under this endorsement will as soon as practic�abte:
a. Give written notice of an "occurrence" or an offense that may result in a claim or °suiY under this
insurance to us;
b Tender the defense and indernni#y of any daim or "suit' to aA irfsurers whom also have insurance
available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover
under this Coverage Pa�t.
�2010 �Iberty Mt�al !s►surance Company. All rights reserved.
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d. We have no duty to defend or indemnify an additionaf insured under this endorsement until we receive
writfen notice of a"suiY' by the additional insured.
2. The limits of insurance appficabie to the additional insured are those spec'rfied in a u+rtitten contracf or w�itfen
agreement or the limits of insurance as stated in the D�larafions of this policy and defined in Section III —
Limits of Insurance of this poficy, whichever are less. These limits are inclusive of and not in addition to the
limits of insurance available under this policy.
WHO IS AN INSURED- INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW
EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES
Paragraph 2.a.(1) of Section fl - Who is An Insured is repiaced with the following:
(1} "Bodily injury" or "persanai and advertising injury":
(a) To you, to your partners or members (if you are a partnership or pint venture), to your members (if
you are a limited liability company), to a co-"empbyee" while in the course ot his or her employment or
pertorming duties related to the conduct of your business, or to your other "volunteer workers" while
performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a
consequence of Paragraph (1) (aj above;
(c) For which there is any obligation to share damages with or repay someone eise who must pay
damages because of the injury described in Paragraphs (1) (a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professionai heaith care servioes. However, if
you are not in the business of providing professionai health care seroices or providing professional
health care personnel to others, or if coverage for providing professional health care services is not
otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not appiy.
Paragraphs (aj and (b) above do nat appiy bo "bodily injury° or'personal and advertisfng injury" caused by an
"empbyee" who is acfing in a supervisory capacity for you. Supenrisory capacity as used herein means the
"employee's" job responsibilities assigned by you, inctudes the direct supervision of other "employees' of yours.
However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of
their wiliful conduct, which is defined as the purposefui or willful intent to cause "bodily injury" or "personal and
advertising injury", or caused in whole or in part by their intoxication by liquor or controlied substances.
The �overage provided by provision J. is excess over any other valid and collectable insurance available to your
"employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who is An Insured is replaced by the following:
3. Any vrganization you newly acquire or form and.over which you maintain ownership or majority
interest, wi8 qua)ify as a Named Insured if there is no other similar insurance available to that
organization. However. �
a. Coverage under this provision is afforded only until the e�cpirapon of the policy period in which
the entity was acquired or formed by you;
b. Coverage A d�s not apply to "badily injury" or "p�operty damage" that occurred before you
acquired or formed the organizatian; and
c. Coverage B does not appty to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named Insured.
No persan or arganization is an insured with respect to the conduct of any current or past partnership, joint venture or
limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this
provision.
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L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6.
Representations:
Your failure fo disclose ali hazards or priar °occurrences' existing as of the inception date of �e policy shall
not prejudice the coverage afforded by this poticy provided such iailure to disdose all hazards or prior
°occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAlM OR SUlT
Under Section N— Commercial General Liability Conditions, the folfowing is added to Conc�tion 2. Duties In The
Event of Oacurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence', offense, ciaim or �suiY' by an agent, servant or °empioyee" of any insured shall
not in itself constitute knowledge of the insured unless an insured tisted under Paragraph 1. of Section II —
Who !s An Insured or a person who has been designated by them to receive reports of °occurrences",
offenses, claims or "suits" shall have received such notice from the agent, servant or °employee".
N. LIBERA�IZA710N CLAUSE
If we revise this Commercial General Liabili#y Extension Endorsement to pravide more coverage without additional
premium charge, your policy will automaticaUy provide the coverage as of the day the revision is effective in your state.
O. BODILY INJURY REDEFINED
Under Section V— Deflnitions, Definiiion 3. is replaced by the following:
3. "Bodily Injury° means physicai injury, sickness or disease sustained by a person. This includes mental
anguish, mental injury, shock, fright or death that results from such physicai injury� sidcness or
disease.
P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODlLY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the
following:
a. Exl�cted Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the s�ndpoint of the insured. This exdusion
does noi apply to "bodily injury" or "property damage" resuiting from the use of reasonabie force to protect
persons or property.
4. WAIVER OF TRANSFER O� RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IPI A
CONTRACT OR AGREEMENT WITH YOU
Unde� Section N— C�ommercial General Liability Conditions, the foliowing is added to Condition 8. Transfer Of
Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for
injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or
organization and included in ihe "products-completed operations hazard" provided:
1. You and that person or organ¢ation have agreed in writing in a contract or agreement that you walve such
rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agreement.
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COMMERCIAL GENERAL LIABILITY
CG 88 6012 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ !T CAREFULLY.
EACH LOCATION GENERAL AGGREGATE LIMIT
This endorsement modfies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. For ali sums which the insured becomes IegaAy obligated to pay as damages caused by °oc�cumsnces"
under Section t— Coverage A- Bodily Injury And Property Damage Liability, and for att medical
expenses caused by accidents under Section 1— Coverage C Medfcal Payments, which can be
attributed only to operations at a single "location" owned by or rented to you:
A separate Each Locatron General Aggregate Limit applies to each "locatbn", and that limit is
equal to the amount of the General Aggregate Limit shown in the Dedarations.
Z. The Each Location General Aggregate Limit is the most we wil{ pay for the starn of ali damages
under Coverage A, except damages because of "bodily injury" ar "property damage" includ�l in
the "products-compteted operations hazard", and for medical expenses unde� Coverage C
regardless of the number of:
a. lnsureds;
b. Clarcns made or "suits" brought; or
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
shalf reduce the Each Location General Aggregate Limit for that "location�. Such payments shall
not reduce the General Aggregate Limit shown in the Declarations nor shaU they reduce any
other Each Location General Aggregate Limit for any other °location".
4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense
continue to apply. However, instead of being subject to the General Aggregate Limif shown in the
Declarations, such limits wiil be subject to the applicabte Each Location General qqgregate Limit.
B. Far all sums which the insured becomes legaliy obligated to pay as damages caused by "occurrences"
under Section 1— Coverage A- Bodily injury And Property Damage liability, and for all rnedicai
expenses caused by arxidents under Section I— Coverage C Medical Payments, which cannot be
attributed only to operations at a single "location" owned by or rented to you:
7. Any payments made under Coverage A for damages or under Covewage C for medicai expenses
shall reduce the amount avaitable under the General Aggregate Limit or the Products-Compieted
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shaN not reduce any Each Location General Aggregate Limit.
C• U1R�en caverage for liability arising ouf of the "produc�s-completed operations hazard' is provided, any
payments for damages because of "bodily injury" or "property damage" included in the "products-
compieted operations hazard" wiil reduce the Products-Completed Operations Aggregate Limit, and not
reduce the General Aggregate Limit nor the Each Location General Aggregate Limit.
D. For the purposes of this endorsement, the fotlowing definition is added to Section V— Deflnitions:
"Locafion° means premises involving the same or connecting lots, or pr+emises whose connection
interrupted only by a street, roadway, watervvay or right-of-way of a raitroad.
E. The provisions of Section 111- Limits Of tnsurance nof otherwise modified by this endorsement shalt
continue to apply as stipulated.
CG 88 6012 08 includea �hted materiai ot ISO Properties. inc., wKh its permission. Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 88 70 12 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMtT
(PER PROJECT)
This endorsement modiiies insurance provicied under the foliowing:
COMMERCIAL GENERAL LIABf LITY COVERAGE PART
A. For ai) sums which the insured becomes tegally obligated to pay as damages caused by •oc�u�rences»
under Section 1— Coverage q. Bodi�y Injury And Property Damage Liability, and for alt medical
expenses caused by accidents under Section 1— Coverage C Medical Payments, which can be
attributed only to ongoing operations at a single construction project away from premises rn,yne� by or
rented to you:
1. A separate Canstruciion Project General Aggregate Limit applies to each construction project,
and that limit is equal #o the amounf of the Generat Aggregate Limit shown in the peclarations.
2. The Consiruction Project Genera! Aggregate Limit is the mast we wi(I pay for the sum of all
damages under Coverage A, except damages because of "bodity injury° or `property damage"
included in the "products-completed operations hazard", and for medicat expenses under
Coverage C regardless of the number of:
a. Insut�eds;
b• Clalms made or "sui#s° brought; o�
a• Persons or organizations making claims or bringing °suits".
3• AnY payments made under Coverage A for damages or urnler Coverage C for medicai expenses shal!
reduce the Construction Project General Aggregate Limit for that construction project. Such payments
shatl not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other
Construction Project General �qgregate Limit for any other c:onstruction project
4' Tf►e I�m�s shown in the Dectaradons for Each Occurrence, Fire Damage and Medicai
to apply. However, instead of being subject to the General Aggregate Limit shown in the Dectaraonsue
such limits will be subject to the applicabte Construction Project General Aggregate Limit.
B. For a!i sums which the insured becomes (egally obligated to pay as damages caused by "c�ccurrences"
under Section 1— Coverage A- Bodily Injury And Property Damage Llability, and for all medical
expenses caused by accidents under Section 1— Coverage C Medicai Paymen�, which cannot be
attributed oniy to ongoing operations at a singie construction project away from premises owned by or
rented to you:
�• Any payments made under Coverage A for damages or under Coverage C for medical expenses
shall reduce the amount available under the General qggregate Limit or the Products-Completed
OPe►ations Ag9re�te Lirnit, whichever is applicable; and
2. Such payments shalt not reduae any Construction ProJect General Aggregate Limit.
C• When coverage for IiabiGty 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" w111 reduce the Products-Compieted Operatfons Aggtegate Limit, and not
reduce the Generai Aggregate Limit nor the Construction Project General Aggregate Limit.
D• If the applicabie construction project has peen abandoned, delayed, or abandoned and then restarted, or
heeraouthorized contracting parties deviate from plans, blueprints, designs, specificatbns or tlmetables,
P J� ��� sti�� be deemed to be the same construction project.
E. The provisions of Section ill - Limits Of Insurance not otherwise modif'ied by this endorsement shali
continue to apply.
CG 88 7012 08 Inciudes copyrig�t�J ��� of ISO Pro
�. �"�., `"� � ��� Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 88 7212 08
THIS ENDORSEMENT CHAtdGES THE POUCY. PLEASE READ IT CAREFULLY.
OFF PREMISES PROPERTY DAMAGE
INCLUDING CARE, CUSTODY OR CONTROL
This endorsement modifies insurance pravided under the foilowing:
COMMERCIAL GENERAL LIABIUTY COVERAGE PART
SCHEDULE
Property Damage - Off Premises Care, Custody Or Control Occurrence Lfmit
Property Damage - Off Prsmises Care, Custody Or Control Aggregate Limit
(Information requir�! to t�mplete this Schedule, if not shawn above, will be shawn in the Declaradons.)
With respect to coverage afForded by this endorsement, the pravisions of the policy apply untess modified by this
8ndorsement.
A. COVERAGE
Subparagraph j.(4) of Paragraph 2., Exclusions of Section i- Coverage A- Bodily Injury And
Property Damaga Liability is replaced with the following:
(4) Personal property oi others in the care, custody, or control of an insured at premises
owned, occupied by, or rented to an insured;
Subparagraphs J.(5) and (6) of Paragraph 2., Exclusions of Section i- Coverage A- Bodily Injury
And Property Damage Liability are deleted.
B. EXCLUSIONS
The following are added to Paragraph 2., Exciusions of Section i- Coverage A- Bodily Injury And
Property Damage Liability:
This insurance shall not apply to:
1. "Property damage":
a. �o property owned by any Named Insured, any person qualitying as an insured in
Paragraph 1. of Section il - Who is An Insured, or any "employee" of any Named
Insured;
b. 7o property on any premises owned, rented, leased, operated or used by you; or
c. To property while in transit to or from any premises owned, rented, feased, operated or
used by you.
2. "Property damage' to property included in the "products-completed operations hazard'.
3. °Praperty damage" to borrowed equipment if coverage is provided by another endo�semen#
attached to this poticy described as Property Damage - Borrowed Equipment.
CG 88 72 12 08 inc�des copyrighted ma�ial of ISO ProperNes, Inc., wlth its permissbn. Page 1 of 2
C. LIMITS OF INSURANCE
The following is added to Section Ill — Limits Of Insurance:
Subject to 2. below, the Property Damage — Off Premises Care, Custody Or Control Occurrence
Limit shown in the Schedule is the most we will pay due to "property damage" to property of
others as a result of any one "occurrence°. This limit is pa�t of and not in addition to the Each
Occurrence Limit applicabls to Coverage A— Bodily Injury And Property Damage Liability
described in Parag�aph 5. of Section III - Limfts Of Insurance.
2. The Property Damage — Off Premises Care, Custody Or Cor�tro! Aggregate Limit shown in the
Schedule is the most that is payable under this coverage regardiess a# the number of claims or
"suits" made against you. This iimit is part of, and not in addition to the General Aggregate Limit
described in Paragraph 2. of Section III — Limits Of Insurance.
D. DEDUCTIBI.E
Far the purposes of the coverage provided by this endorsemenr
We will not pay for "property damage" in any one "occurrence" untif the amount of °property dama�"
exceeds $250. if the policy ta which this endorsement is attached contains a"property damage°
deductible, that deductibie shall appry if it is greater than s250.
E. CONDITIONS
For the purposes of the coverage provided by this endorsement, Section IV - Commerciai Generai
Liability Canditiorrs is amended as follows:
The following condition is added:
in the event of a loss covered by this endorsement, you shail, at our request, repiaoe the
damaged property or furnish labor and mater�als necessary for repairs at your actual cost,
excluding profit or overhead charges.
2. The fotlowing is added to condition 4. Other Insurance, Paragraph b. Excess Insurance:
The insurance afForded by this endorsement is excess over any other insurance, whetl�er
primary, excess, contingent or on any other basis that applies to "property damage" covered by
this endorsement.
3. Condition 7. Separation of Insureds is repiaced with the foltowing:
Except with respect to the Limits of fnsurance, and any rights or duties specifically assigned in
this Coverage Part to the first Named tnsured, this insurance applies:
a. As if each Named Insured were the only Idamed Insured; and
b. Separately to each insured against whom daim is made or "suit" is broughL
However, this conditian dces not apply if damages are tv the property of any insured.
CG 88 7212 08 Indudes �ed materlal of Iso Properties, Inc., wltl� Its permissfon. Page 2 of 2
COMMERCIAI GENERAL LIABILITY
CG 88 6012 08
THIS ENDORSEMENT CHANGES THE PpLICY. PLEASE READ !T CAREFULLY.
EACH LOCATION GEMERAL AGGREGATE LIIIAIT
This endorsement moct�es insurance p�ovided under the folloaring:
COMMERCtAL GENERAL LIABILITY COVERAGE PART
A. For all sums which the insured becomes legally obligated to pay as damages caused by °occu�rences"
under Sectfon I— Coverage A- Bodily Injury And Property Damage Liability, and for ali medical
expenses caused by accidents under Section I— Coverage C Medical Payments, which can be
attributed only to operations at a single "location" owned by or rented to you:
1. A separate Each Location General Aggregate Limit applies to each "tocation", and that lunit is
equal to the amount of the General Aggregate Limit shown in the Declarations.
2. The Each Location Genera! Aggregate Limit is the most we wifl pay for the sum of all damages
under Coverage A, except damages because of `bodily injury' or "property damage" included in
the "products-compieted operations hazarci, and for medica! expenses under Coverage C
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 Caverage A for damages or under Coverage C for medical expenses
shalf reduce the Each location Genera! Aggregate Limit for that "location". Such payments shail
not reduce the Genera! Aggregate Limit shown in the Declaratans nor shaU they reduc� any
other Each Location General Aggregate Limit for any other "location".
4. The limits shown in the Dedarations for Each Occunence, Fire Damage and Meciical Expense
continue to apply. However, insteacf af being subject to the General Aggregate Limit shown in the
DeGarations, such limits will be subject #o the applicabie Each Location General Aggregate Limit.
B. For all sums which the insured becomes legaliy obligated to pay as dam�es caused by "occurrences"
under Sectfon 1— Coverage A- Bodily InJury And Property Damage Liability, and for all medtcal
expenses c�used by accidents under Section I— Coverage C Medical Payments, which cannot be
attributed only to operations at a single "location" owned by or rented to you:
1. Any payments made und� Coverage A fior damages or under Coverage C for medicai expenses
shall reduce the amount availabie under the Generai Aggregate Limit or the Pr�ucts-Canpleted
Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Each Location General Aggregate Limit.
�• 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' induded in the "products-
completed operations hazard" will reduce the Products-Completed Operations Aggregate Lirni� and not
reduce the General Aggregate Limit nor the Each Location General Aggregate Limit.
D. For the purposes of this endorsement, the following definition is added to Section V— Deflnitions:
"L�ation° means premises invoiving the same or conneding lots, or premises whose connection
interrupted only by a street, roadway, waterway or right-af-way of a railroad.
E• The provisions of Section III - Limits Of lnsurance not otherwise modfied by this endorse�nent shali
continue to apply as stipulated.
CG 88 6012 08 Indudes c�pyrighted matedal of ISO Properttes, �nc.. with its perm�sion. Page 1 of 1
COMMERCIAL GENERAL LIABILITY
CG 88 7012 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT
(PER PROJECTj
This endorsement modifies fnsurance provided under the folbwing:
COMMERCIAL GENERAL LIABfL1TY COVERAGE PART
A. For aU sums which the insured becomes iegally obtic}ated to pay as damages caused by'oocu►rences"
under Section i— Coverage q_ 8odily �njury And Property Damage Liability, and for all medicai
expenses c�us� by accidents under Section I— Coverage C Medical Payments, which can be
attributed only to ongang operatfons at a single construcfion project away from premises owned by or
rented to you:
�• A separate Construction Project General Aggregate Limit applies to each constructian project,
and that limit is equal to the amount of the General Aggregate Limit shown in the Declara�ons.
2. The Construc6on Project Generai qggregate Limit is the most we wiil pay for the sum of all
damages under Coverage q, except damages 1�cause of "bodity injury° or "property damage"
included in the "prod�tcts-completed operations hazard", and for medical expenses under
Coverage C regardless of the number of:
a• insut�eds;
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 or under Coverage C for medical expenses shaN
reduce the Construction Project General A
shall nat reduce the Generai ��� umit for that construction project. Such payments
Construction Projecf General Aggr�eya e L� m�it for�any other coenstruction project'� they reduce any other
4• The limits shrn�+�mm in the Deciarations far Each Occurrence, Fire Damage and Medical Expense conanue
to apply. However, instead of being subject to the General Aggregate Lirnit shown in the Dedarafions,
such limits wili be subject to the applicable Construction Project Genera! Aggregate Limit.
B. For a!I sums which the insured becomes legally obligated to pay as damages caused by "occurrences°
under Section 1— Coverage q_ Bodily Injury And Properly Damage Liability, and for all medipl
expenses caused by accidents under Section !— Coverage C Medicai Payments, which cannot be
attributed only to ongaing operations at a single construction project away from premises owned by or
rented to you:
�• Any payments macle under Coverage A for damages or under Coverage C for medica! expenses
shall reduce the amount available under the General Aggregate Limit or the Products-Compieted
Operations Aggregate Limit, whichever is applicaDle; and
2• Such payments shail not reduce any Construction Project Generat Aggregate Limit.
C• V1�en coverage for liabiiity 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 Generat Aggregate Limit nor the Construction Project General Aggregate Limit.
D. tf the applicable construction project has peen abandoned, delayed, or abandoned and then restarted, or
if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,
the project wiil still be deemetl to be the same construction project.
E. The provisions of Section III - Limits Of Insurance not otherwise mad�ed by fhis endo►sement shall
continue to apply.
CG 88 7012 08 IneN�des copyrig�� ��al of ISO Properties, �nc., w�t, ns pem�s�on, Pa e 1 of 1
9
COMMERCIAL GENERAL LIABILITY
CG 88 72 12 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OFF PREMISES PROPERTY DAMAGE
INCLUDING CARE, CUSTODY OR COIdTROL
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABIUTY COVERAGE PART
SCHEDULE
Property Damage — Off Premises Care, Custody Or Control Occurrence Umit
Property Damage — Off Premises Care, C�stody Or Control Aggregate Limit
{Information required ta compiete this Schedule, if not shown above, will be shown in the Declarations.)
With respect to coverage afforded by this endorsement, the provisions af the policy apply uniess modified by this
endorsement.
A. COVERAGE
Subparagraph j.{4) of Paragraph 2., Exclusians of Sectian 1— Coverage A— Bodily Injury And
Property Damage Liability is replaced with the foliowing:
(4) Personal property of others in the care, custody, or control of an insured at premises
owned, occupiect by, or rented to an insured;
Subparagraphs j.(5) and (6) of Paragraph 2., Exclusions of Section t— Coverage A— Bodfly Injury
And Property Damage Liability are deleted.
B. EXCLUSIONS
The foliowing are added to Paragraph 2., Exctusions of Section i— Coverage A— Bodily Injury And
Property Damage Liability:
This insurance shall not apply to:
1. "Property damage":
a. �o property owned by any Named Insured, any pecson qualifying as an insured in
Paragraph 1. of Section il — Who Is An Insured, or any "employee" of any Named
insured;
b. To property on any premises owned, rented, leased, operated or used by you; or
c. To property while in transit to or from any premises owned, renfed, leased� operated or
used by you.
2. "Property damage' to property inr�uded in the "products-completed operations hazard'.
3. °Property damage" to borrowed equipment if coverage is provided by another endarsement
attached to this policy described as Property Damage — Borrowed Equipment.
CG $8 72 12 88 Inc�udes copyrlghted ma�riai of ISO Properties, Inc., with its permission. Page 1 of 2
C. LIMlTS OF INSURANCE
The following is added to Section 111- Limits Of Insurance:
Subject to 2. below, the Property Damage - Off Premises Care, Custody Or Control Occurrence
Limit shown in the Schedule is the most we wil! pay due to "property damage" to property of
others as a result of any one "occurrence". This iimit is part of and not in addition to the Each
Occurrence Limit appticable to Coverage A- Bodily Injury And Property Damage Liability
described in Paragraph 5. of Section ill - Limits Of Insurance.
2. The Property Damage - Off Prernises Care, Custody Or Control A�regate Limit shotivn in the
Schedule is the most that is payable under this caverage regardiess of the number of claims or
"suits' made against you. This limit is part of, and not in addition to the General Aggregate Limit
described in Paragraph 2. of Sectian III - Limits Of insurance.
D. DEDUCTIBLE
For the purposes of the coverage provided by this endorsement
We will not pay for "property damage° in any one "occuRence° until the amount of °property damage'
exceeds $250. If the policy to which this endorsement is attached contains a"property damage'
deductible, that deductible shall apply ii it is greater than ;250.
E. CONDI'fIO1dS
For the purposes of the coverage provided by this endorsement, Section IV - Cammercial General
L.iability Conditions is amended as follows:
The fotlowing condition is added:
In the event of a loss covered by this endorsement, you shail, at our request, repiace the
damaged property or furnish labor and materiais necessary for repairs at your actual c�st,
excluding profit or overhead charges.
2. The foilowing is added to condipon 4. Other Insurance, Paragraph b. Excess {nsurance:
The insurance afforded by this en�rsement is excess over any other insurance, whether
primary, excess, contingent or on any other basis that applies to "property damage" cover� by
this endorsement
3. Condition T. Separation of Insureds is repiaced with the follawing:
Except with respect to the Limits of Insurance, and any rights or duties specificaliy assigned in
this Coverage Part to the first Named insured, this insurance appiies:
a. As if each Named Insured were the only Plamed Insured; and
b. Separately to each insured against whom daim is made or "suit" is brought
However, this condition does not appty if damages are to the property of any insured.
CG 88 7212 08 Indudes �ted material of ISO Propertfes, mc., w�th its pemussfon. Page 2 of 2