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AG 15-164RETURN TO: MERCEDES EXT: 2701 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / StrtekS 2. ORIGINATING STAFF PERSON: (7-re.-44-11A1341--- 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #): ❑ OTHER RFP, RFQ) EXT: 7a 1 3. DATE REQ. BY: ASAP ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: S 3a4-T t f'r;cerVoiit7 1gYDje A--- Mari 4.l Te�H n) dery cis 6. NAME OF CONTRACTOR:_ IAtembyi 1 s ' La o `^' ' 's ADDRESS: 1400 VA4 AG Sutae tbZ, 4, W?, /A -1961Z. (y TELEPHONE: 3• 3 • E -MAIL: T2YYj5SNA. Cdvdl FAX: SIGNATURE NAME: err Z tlS SYY1) 4#. /m� i i�% NTH �' 1 TITLE:' PithO 1.� ill 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: Gy 1 er- 31, iS 9. TOTAL COMPENSATION: $ (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: $ IF YES, $ IS SALES TAX OWED: ❑ YES ❑ NO PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW [p� PROJECT MANAGER /❑ DIVISION MANAGER X DEPUTY DIRECTOR V DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INIT / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING I ENT TO VENDOR/CONTRACTOR DATE SENT:! TTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENS$S, EXHIBITS *LAW DEPT CHIEF OF STAFF SIGNATORY CITY CLERK AASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL R DIRECTOR) COMMENT: EXECUTE " I " ORIGINALS -re rat * (e? we f O A f . 1. IN L / D ATE SIGNED 641,1 0 1I' AG# /5-1 bJ/ A- DATE SENT: /2-j -/s COUNCIL APPROVAL DATE: DATE REC'D: (1) 25 (15 1/15 clTr of 1441,..■ Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR S 324TH ST PRESERVATION PROJECT MATERIAL TESTING SERVICES This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Construction Testing Laboratories, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for S 324th St Preservation Project Material Testing Services ( "Agreement ") dated effective August 10, 2015 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2015 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 1.4s, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyoffederaiway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim ell, ayor DATE: / -VOR- CONSTRUCTIQN ESTING LABORATORIES, INC. By: Mike �`Tollkuehn, President 400 Valley Avenue NE, Suite 102 Puyallup, WA 98372 DATE: 1 \- ATTEST: C Cl rk, Stephanie Co ey, CMC APPROVED AS TO FORM: 't29/City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OFr y aruL, ) On this day personally appeared before me Mike Tollkuehn, to me known to be the President of Construction Testing Laboratories, Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Zjr day of N , 2015 Notary's signature 1 ! l G' L/ U� U Notary's printed nam a pc t 1 O 1LV1 0 ,,,,,,,,,,,,,, �� Notary Public in and for the-State of Washington. �,•P�' P E yoG ; My commission expirest0 - iGj -11 NOTARY = c PUB C RETURN TO: 5frlawitec_ E XT: 1 7vV J)�I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS 2. ORIGINATING STAFF PERSON:JEFF HYUNH EXT:2721 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PdBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT t+l PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:S 324T" ST PRESERVATION PROJECT MATERIAL TESTING SERVICES 6. NAME OF CONTRACTOR:CONSTRUCTION TESTING LABORATORIES ADDRESS:400 VALLEY AVE NE,SUITE 102,PUYALLUP,WA 98372 TELEPHONE:(253)383-8778 E-MAIL:DENNISS @CTLWA.COM FAX:(253)770-8232 SIGNATURE NAME:DENNIS SMITH TITLE:OPERATIONS MANAGER 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ _ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE:AUGUST 3,2015 COMPLETION DATE:SEPTEMBER 30,2015 9. TOTAL COMPENSATION:$3,235.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY (PURCHASING: PLEASE CHARGE To:306-4400-197-595-64-110 10. DOCUM T/CONTRACT REVIEW INITIAL/DA E REVIEWED INITIAL/DATE APPROVED 7 f/// `NJ�PROJECT MANAGER TIM I I "� ( ie�fIVISION MANAGER -30-14A A7/ 1 DEPUTY DIRECTOR 7IRECTOR IAIP,-..-411 I I■■ ��� ❑ R � DEPT KM MANAGEMENT (IF APPLICABLE) ■ CJENLMEMPLJNi 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONT CT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT:-7/2:3115 DATE RECD: ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENES,EXHIBITS `'w IIyJ/IAL/6DATE SIGNED LAW DEPT jjV�'/8 J ❑ CHIEF OF ST• Q'/! SIGNATOR MAYO' ; G • •R) Ar d 2;de 7 �� CITY CLER 'ant rW ASSIGNED AG# A . - ' SIGNED COPY RETURNED DATE SENT: ' 41111C i ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS ��7aWra Ii P . , IA•- • „ • 1/15 1 Alki. CITY OF CITY HALL 333 '�._.. Federal \Nay 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cilyoffederalway corn PROFESSIONAL SERVICES AGREEMENT FOR S 324TH ST PRESERVATION PROJECT MATERIAL TESTING SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Construction Testing Laboratories, Inc., ("CTL") 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: CONSTRUCTION TESTING LABORATORIES, CITY OF FEDERAL WAY: INC. Jeff Huynh, Street Systems Engineer Mike Tollkuehn,President 33325 8th Avenue South 400 Valley Avenue NE, Suite 102 Federal Way,WA 98003-6325 Puyallup,WA 98372 (253) 383-8778 (telephone) (253) 835-2721 (telephone) (253)770-8232 (facsimile) (253) 835-2709(facsimile) denniss @ctlwa.com jeff.huynh @cityoffederalway.com The Parties agree as follows: 1. 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 Services specified in this Agreement, but in any event no later than September 30, 2015 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. shall perform the services more specifically described in Exhibit A ("Services"), 2. SERVICES. The Contractor s P Y p attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. or without cause, upon providing the other 3. TERMINATION. Either party may terminate this Agreement, with o p p g party thirty(30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement.Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4,1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - 1/2015 CITY OF CITY HALL 33325 0.1k44* ..,,, Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work work until the work meets the requirements of the to comply with the Agreement.The City may withhold payment for such wo q Agreement. 4.3 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 Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from,resulting from, or in connection with this Agreement or the acts,errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages,compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, representatives, and sub-contractors harmless from any and all claims, directors, shareholders, partners, employees, agents,represe y demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as PROFESSIONAL SERVICES AGREEMENT - 2 - 1/2015 CITY OF CITY HALL Federal Way 3e3e5 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaway corn follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap 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. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement,whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to 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 Contractor's insurance. 6.3. 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 the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment 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 minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival.The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and 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 request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services 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. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, 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. PROFESSIONAL SERVICES AGREEMENT - 3 - 1/2015 CITY OF CITY HALL 33325 8th Avenue Federal Way Federal Way,WA 98003 8003 -6325 (253) 835-7000 www cityoffederalway corn 10. INDEPENDENT CONTRACTOR.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 or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions,and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall lx;responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. 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. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; 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, the negotiation, drafting, signing, administration of this Agreement,or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries.Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and PROFESSIONAL SERVICES AGREEMENT - 4 - 1/2015 " CITY OF CITY HALL Federal Way 33325 8th Avenue South �� Federal Way,WA 98003-6325 (253) 835-7000 www dtyoffederalway corn effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 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. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute,difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - 1/2015 CITY OF CITY HALL Federal Federal Way F 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www dtyoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: 1 •� Jim F''1, M or C_•rk, Stephanie Courtn: ■MC DATE: I/b i APPROVED AS TO FORM: 14 /J r�%%%7 44 City Attorney, Amy Jo Pearsall CONSTRUCTION TESTING LABORATORIES, INC. 0 I � By: ! Mik ollkuehn, President 400 Valley Avenue NE, Suite 102 Puyallup, WA 98372 DATE: STATE OF WASHINGTON ) COUNTY OF bra ) ss. On this day personally appeared before me Mike Tollkuehn, to me known to be the President of Construction Testing Laboratories, Inc_ that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 2.e day of V , 2015. ••`, Q,A,,E y"'•Votary's signature I :�l i/ I • , z.,: otary's printed name 'id 4 1 AnDINE 1° to • ; 0%01; Notary Public in and for t - State of Washington. NOTAR • My commission expires 10 7. 9; UBLIC' ' 19.4.• 0'W PROFESSIONAL SERVICES AGREEMENT - 6 - 1/2015 CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way,WA 98003-6325 (253) 835-7000 www crryoffederalway corn EXHIBIT A SERVICES Construction Testing Laboratories, Inc. S 324th St Preservation Project Material Testing and Special Inspection Services Construction Testing Laboratories, Inc. ("CTL")will provide Material Sampling and Testing Services during construction of S 324th St Preservation Project as defined below. These services are intended to ensure that the materials, installation and compaction efforts used by Tucci and Sons, Inc., the City's Contractor for the S 324th St Preservation Project, have met the 2014 Standard Specifications for Road, Bridge, and Municipal Construction. Samples of the hot mix asphalt delivered to the site will be tested for the Theoretical Maximum Specific Gravity(AASHTO T 209). Also, the material will have an Extraction (AASHTO T308) and Gradation (AASHTO T 11 and T 27)performed for compliance with the approved mix design requirements. These services are based upon the understanding that the Owner will contract directly with CTL and will actively be involved in the sampling and testing process of the construction materials. CTL's services are based upon the unit bid prices or duration of construction anticipated at the time of execution of this Agreement. The level of effort to perform the work described is based on a standard five-day work week and standard eight-hour workday. PROFESSIONAL SERVICES AGREEMENT - 7 - 1/2015 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Three Thousand Two Hundred Thirty-Five and No/100 Dollars ($3,235.00) Construction Testing Laboratories, Inc. S 324th St Preservation Project Estimated Total Cost Description Quantity Unit Unit Cost Total Asphalt Compaction Testing(regular) 27 HR $55.00 $1,485.00 Asphalt Compaction Testing(over time) 6 HR $82.50 $495.00 Rice Specific Gravity 3 EA $110.00 $330.00 Extraction/Gradation 3 EA $225.00 $675.00 Samples 2 EA $110.00 $220.00 Vehicle Usage Fee 3 EA $10.00 $30.00 ESTIMATED PROJECT TOTAL= $3,235.00 PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2015 EXHIBIT C Client#: 17793 MILESAND A COROT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Sharnel Di Vona Propel Insurance PHONE 253.310.4047 FAX 866.577.1326 Tacoma Commercial Insurance (A/C,No,Ext): ovc,No): EMAIL skd ro elinsurance.com 1201 Pacific Ave,Suite 1000 ADDRESS: @P p Tacoma,WA 98402 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Ins.Co. 10804 INSURED INSURER B: Construction Testing Laboratories,Inc. 400 Valley Ave NE INSURER C Puyallup,WA 98372 INSURER D: INSURER E: i INSURER F: — COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X X CWP2865825 04/01/2015 04/01/2016 EACH OCCURRENCE $1,000,000 _ X COMMERCIAL GENERAL LIABILITY PREMISES(Ea RENTED $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 _ X PD Ded:$1,000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —1 POLICY X,jEfr LOC A AUTOMOBILE LIABILITY X X CWP2865825 04/01/2015 04/01/2016(Ea aoctleDp INGLE LIMIT $1'000'000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED — AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NO PROPERTY DAMAGE — AUTON-S OWNED $ (Per accident) A X UMBRELLA LIAB X OCCUR X X CU2865826 04/01/2015 04/01/2016 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION sn/a $ WORKERS COMPENSATION WA St0 WC STATU- OTH- AND EMPLOYERS'LIABILITY p Caap: TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N CWP2865825 04/01/2015 04/01/2016 E.L.EACH ACCIDENT $1,000000 OFFICER/MEMBER EXCLUDED? N NIA , (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:S.324th St.Preservation Project Material Testing. City of Federal Way is additional insured per the attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003-6325 AUTHHOO,RIZZEEDyREPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1811927/M1692697 CTOO Client#: 133353 CONSTEST ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 7/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sharnel Di Vona Propel Insurance PHONE 253.310.4047 FAX No); 866.577.1326 _ (A/C,No,Ext): Tacoma Commercial Insurance 8.1,10 Ess: skd @propelinsurance.com 1201 Pacific Ave,Suite 1000 Tacoma,WA 98402 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Landmark American Insurance Com 33138 INSURED INSURER B: Construction Testing Laboratories Inc - INSURER C: 400 Valley Avenue NE,Suite 102 Puyallup,WA 98372 INSURER D: INSURER E: INSURER F: — COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSRL WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMJDDlYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE _$ COMMERCIAL GENERAL LIABILITY PREMISES TO RENTED $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ — GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY—I TA, LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _$ _ DED RETENTION$ _ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I Y/N N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below - _ E.L.DISEASE-POLICY LIMIT $ A Prof!Liability LHR826226 04/01/2015 04/01/2016 $1,000,000/claim $2,000,000/aggregate $10,000 deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:S.324th St.Preservation Project Material Testing. CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003-6325 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1811920/M1692521 CT00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person(s)or organization(s)when you are obligated by virtue of a written contract or agreement that such person or organization(s)be added as an additional insured to your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused by "your work" for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence, or the negligence of those performing operations on your behalf, for that additional insured and included in the"products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement. B. LIMITS OF INSURANCE Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply to"bodily injury", "property damage"or"personal and advertising injury"arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,change orders, or drawings and specifications;and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations. D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — COMPLETED OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 20 48 01 14 Includes Copyrighted material of Insurance Services Page 1 of 1 Office,Inc with its permission CWP2865825 COMMERCIAL GENERAL LIABILITY CL CG 00 13 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I -COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III -LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I -COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000;or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of"property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a.of SECTION V-DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 1 of 6 Office,Inc.with its permission CWP2865825 C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to$2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to$500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2.of SECTION II-WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of leased to you and subject to the following additional exclusions: that part of the premises e subject 9 p P Y This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, this insurance does not apply to any"occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor; CL CG 0013 0813 Includes copyrighted material of Insurance Services Page 2 of 6 Office,Inc.with its permission CWP2865825 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement,whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED -NEWLY ACQUIRED 180 DAYS Paragraph 3.of SECTION II-WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be 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 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: CL CG 0013 0813 Includes copyrighted material of Insurance Services Page 3 of 6 Office,Inc.with its permission CWP2865825 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then paragraph G. Aggregate Limits of Insurance of this endorsement does not apply. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or"suit"to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or"suit"as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit"for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers'Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3.of SECTION V-DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit"or transfer those rights to us and help us enforce those rights. CL CG 0013 0813 Includes copyrighted material of Insurance Services Page 4 of 6 Office,Inc.with its permission CWP2865825 Paragraph K.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to this policy. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY(DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of$5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS OR OTHERS-AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" included within the"products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 5 of 6 Office,Inc.with its permission CWP2865825 a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 6 of 6 Office,Inc.with its permission CWP2865825 Construction Testing Laboratories,Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following provides a broad range of coverage in addition to that provided by the basic policy. In some instances, a higher limit or broader coverage is available. Should the policy indicate broader coverage or higher limits than provided by this endorsement, the higher limits or broader coverage shall apply. A. BROADENED NAMED INSURED (2) A person's or organization's status The Named Insured shown in the Declarations is as an additional insured exists only amended Named include: while you are performing operations for that additional insured. Any organization,other than a joint venture,over (3) Section II, Paragraph C. Limits of which you maintain ownership or majority inter- est of more than 50%, unless that organization Insurance for person or organization is an "insured" under any other automobile poll- added as additional on insured d are cy or would be an"insured" under such a policy those specified in the written con- but for the exhaustion of its Limit of Insurance, tract or agreement, or in this cover- however; age form, whichever is less. These limits of insurance are inclusive of 1. Coverage under this provision is afforded and are not in addition to the Limits only until the 180th day after you acquire or of Insurance shown in the Dedara- form the organization or the end of the policy tions. period,whichever is earlier. (4) This insurance applies on a primary 2. Coverage does not apply to"bodily injury"or and non-contributory basis if that is "property damage"that occurred before you required by the written contract or acquired or formed the organization. agreement. B. ADDITIONAL INSURED BY CONTRACT OR (5) This insurance does not apply un- AGREEMENT less the written contract or agree- The following is added to Section II - Liability ment has been executed prior to the bodily injury or"property damage". Coverage, Paragraph A.1.: d. Any person or organization for whom you C. ADDITIONAL INSURED-EMPLOYEES are performing operations if you and such The following is added to the Section ll—Liability person or organization have agreed in writ- Coverage, Paragraph A.1. Who is An insured ing in a contract or agreement that such Provision: person or organization be added as an addi- Any "employee" of yours is an "insured'while us- tional insured on your policy, ing a covered "auto"you don't own, hire or borrow (1) Such person or organization is an in your business or your personal affairs. additional insured only with respect D. EXTENDED COVERAGE-BAIL BONDS to liability for"bodily injury' or"prop- erty damage": Section It — Liability Coverage, Paragraph A.2.a.(2). is deleted and replaced by the follow- (a) Caused by an"accident",and ing: (b) Resulting from the ownership, (2) Up to $5,000 for cost of bail bonds maintenance or use of a coy- (including bonds for related traffic ered"auto". law violations) required because of an "accident" we cover. We do not have to furnish these bonds. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 1 of 5 Office,Inc.,with its permission CWP2865825 E. EXTENDED COVERAGE - LOSS OF EARN- J. LEASED OR FINANCED "AUTOS" - PHYSI- ING CAL DAMAGE COVERAGE Section II — Liability Coverage, Paragraph The following is added to Section ill — Physical A.2.a.(4) is deleted and replaced by the follow- Damage Coverage,Paragraph C. ing: 4. In the event of a total "loss" to a covered (4) All reasonable expenses incurred by "auto", we will pay any unpaid amount due the "insured" at our request, includ- on the lease or loan for a covered "auto", ing actual loss of earning up to$500 less: a day because of time off from work. a. The amount under the Physical Damage F. FELLOW EMPLOYEE COVERAGE Coverage section of the policy;and The Fellow Employee Exclusion contained in b. Any: Section II —Liability Coverage does not apply. (1) Overdue lease/loan payments at the This coverage is excess over any other collect- time of the"loss"; able insurance. G. AUTO MEDICAL PAYMENTS COVERAGE - (2) Financial penalties imposed under a INCREASED LIMIT lease for excessive use, abnormal wear and tear or high mileage; if the"insured"is wearing a seat belt at the time (3) Security deposits not returned by an."accident" occurs, the LIMIT OF INSUR- the lessor; ANCE for AUTOMOBILE MEDICAL PAYMENTS COVERAGE shown in the Declarations will be (4) Costs for extended warranties, double the limit shown. All other terms and con- Credit Life Insurance, Health, Acci- ditions applicable to MEDICAL PAYMENTS re- dent or Disability Insurance pur- maid unchanged. chased with the loan or lease;and H. COVERAGE EXTENSION AS A CONSE- (5) Carry-over balances from previous QUENCE OF THEFT OF AN "AUTO" loans or leases. 1. Transportation Expense K. GLASS DEDUCTIBLE Section III — Physical Damage Coverage, Section III —Physical Damage Coverage, Para- Paragraph A.4.a.is deleted and replaced by graph D. is deleted and replaced by the follow- the following: ing: a. We will also pay up to$75 per day to a D. DEDUCTIBLE maximum of $2,500 for temporary For each covered "auto" our obligation to transportation expense incurred by you because of the total theft of a covered pay for, repair,return or replace damaged or "auto" of the "private passenger type". stolen property will be reduced by the appli- We will pay only for those covered "au- cable deductible shown in the Declarations. tos" for which you carry either Compre- Any Comprehensive Coverage deductible hensive or Specified Causes of Loss shown in the Declarations does not apply to: Coverage. We will pay for temporary 1. "Loss"caused by fire or lightning;or transportation expenses incurred during 2. "Loss"when you elect to patch or repair the period beginning 48 hours after the glass rather than replace. theft and ending, regardless of the poli- cy's expiration,when the covered'auto" L. EXTENDED COVERAGE - ELECTRONIC is returned to use or we pay for its EQUIPMENT "loss". Paragraph C.2.a. Limits of Insurance of Section We will also pay reasonable and neces- ill—Physical Damage Coverage is deleted.: sary expenses to facilitate the return of the stolen"auto"to you. We will pay with respects to a covered"auto"for "loss"to antennas and other accessories neces- I. EXTENDED COVERAGE-AIRBAGS sary for use of the electronic equipment. How- Section III — Physical Damage Coverage, Para- ever, this does not include tapes, records or graph B.3.a. does not apply to the unintended discs. discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 2 of 5 Office,Inc.,with its permission CWP2865825 M. EXTENDED COVERAGE - PERSONAL EF- P. PHYSICAL DAMAGE COVERAGE - HIRED FECTS "AUTOS The following is added to Section III — Physical You may extend the Comprehensive, Specified e Coverage, Paragraph A.4.: Causes of Loss and Collision coverages provid- ed a g 9 d. Physical Damage Coverage on a coy- ed on your owned "autos" to any "auto" you Physical i al Damage may be Coverage on to"loss"to lease, rent, hire or borrow from someone other ered than your employees or partners or members of your personal property or, if you are an their households subject to the following: individual, the personal property of a family member, that is in the covered 1. The most we will pay in any one "loss"is the "auto"at the time of"loss". least of $100,000, the actual cash value of The most we will pay for any one "loss" the"auto"or the cost to repair or replace the ro- under this coverage will pay y for is$500."loss" "auto", except that such amount will be re- duced by a deductible to be determined as N. TOWING AND LABOR COVERAGE follows: Section III -- Physical Damage Coverage, Para- a. The deductible shall be equal to the graph A.2.is deleted and replaced by the follow- amount of the highest deductible shown ing: for any owned"auto"of the same classi- if a private passenger type "auto" or light truck fication for that coverage. In the event "auto" (0-10,000 Lbs. GVW) is provided both there is no , the "auto" a ucti same Comprehensive and Collision Coverage, we will classification, the will apply deductible for pay up to $150 for towing and labor costs in- any owned"auto"will apply far that cov- curred each time such "auto" is disabled. If a erage. medium, heavy or extra-heavy truck or extra- b. No deductible will apply to"loss"caused heavy Truck-tractor "auto" (greater than 10,000 by fire or lightning. Lbs.GVW)is provided both Comprehensive and 2. provided a rovided under this extension will: Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such a. Be excess over any other collectible "auto" is disabled. However, the labor must be insurance; performed at the place of disablement. b. Pay, in addition to the limit set forth in O. EXTENDED COVERAGE - CUSTOMIZED P.1. above, up to $500 per day, not to FURNISHINGS exceed$3,500 per"loss"for The following is added to Section III — Physical (1) Any costs or fees associated with Damage Coverage, Paragraph A.4.: the"loss"to a hired"auto";and e. Physical Damage Coverage on a coy- (2) Loss of use, provided it is the con- ered"auto"may be extended to"loss"to sequence of an"accident"for which custom furnishings including, but not you are legally liable,and as a result limited to special carpeting and insula- of which a monetary loss is sus- tion, height-extending roofs,and custom tained by the leasing or rental con- murals, paintings, or other decals or Bern. graphics, custom signage and custom Q. RENTAL REIMBURSEMENT COVERAGE non-factory paint. We will pay for rental reimbursement expenses Our limit of liability for loss to custom furnishings shall be the least of: incurred by you for the rental of an "auto" be- cause of"loss"to a covered"auto". (1) Actual cash value of the stolen or 1. Payment applies in addition to the otherwise damaged property; applicable amount of each coverage you (2) Amount necessary to repair or re- have on the covered"auto". ( ) ry p place the property;or 2. No deductible applies to this coverage. (3) $1,000 3. We will pay only for those expenses incurred This coverage extension does not apply during the policy period beginning 24 hours to electronic equipment. after the"loss"and ending,regardless of the expiration date of the policy, with the lesser of the following: CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 3 of 5 Office,Inc.,with its permission CWP2865825 a. When the covered "auto" has been re- (b) Any"auto"used by that individual paired or replaced,or or his or her spouse while working in a business of selling, servicing, b. When the total amount paid under this repairing or parking"autos". coverage extension reaches$2,500. 2. Changes In Auto Medical Payments And 4. Our payment is limited to the lesser of the Uninsured And Underinsured Motorists following amounts: Coverages a. Necessary and actual expenses in- The following is added to Who Is An Insured: curred. Any individual named in R.1.a and his or her b. Not more than$75 per day. "family members"are "insured"while"occupy- ing" or while a pedestrian when being struck 5. We will pay up to an additional$300 for the by any"auto"you don't own except: reasonable and necessary expenses you in- cur to remove your materials and equipment Any "auto" owned by that individual or by any from the covered "auto" and replace such "family member". materials and equipment on the rental "au- 3. Changes In Physical Damage Coverage to". Any private passenger type "auto" you don't 6. This coverage does not apply while there own, hire or borrow is a covered"auto"while in are spare or reserve"autos"available to you the care, custody or control of any individual for your operations. named in R.1.a or his or her spouse while a 7. If"loss" results from the total theft of a cov- resident of the same household except: ered "auto"of the "private passenger type", a. Any "auto" owned by that individual or by we will pay under this coverage only that any member of his or her household. amount of your rental reimbursement ex- b. Any "auto" used by that Individual or his or penses which is not already provided for un- her spouse while working in a business of der the Physical Damage Coverage Exton- selling, servicing, repairing or parking "au- sion. toe. R. DRIVE OTHER CAR COVERAGE 4. The most we will pay for the total of all dam- 1. Changes In Liability Coverage ages under LIABILITY COVERAGE, AUTO MEDICAL PAYMENTS, UNINSURED MO- a. Any"auto"you don't own, hire or borrow Is TORISTS COVERAGE and UNDERIN- a covered "auto" for Liability Coverage SURED MOTORISTS COVERAGE is the while being used by: LIMIT OF INSURANCE shown in the Decla- (1) You, if you are designated in the rations as applicable to owned"autos". Declarations as an individual; 5. Our obligation to pay for, repair, return or (2) Your partners or members, if you replace damaged or stolen property under are designated in the Declarations PHYSICAL DAMAGE COVERAGE, will be as a partnership or joint venture; reduced by a deductible equal to the amount of the largest deductible shown for any (3) Your members or managers, if you owned private passenger type "auto" appii- are designated in the Declarations cable to that coverage. If there are no as a limited liability company; owned private passenger type "autos", the (4) Your"executive officers", if you are deductible shall be $50 for Comprehensive designed in the Declarations as an Coverage and $100 for Collision Coverage. organization other than an individu- No deductible will apply to "loss"caused by al, partnership, joint venture Or Um- fire or lightning. ited liability company;and E. Additional Definition (5) The spouse of any parson named in As used in this section; R. DRIVE OTHER R.1.a.1. through R.1.a.(4) while a CAR COVERAGE: resident of the same household. "Family member" means a person related to except: the individual named in R.1.a by blood, mar- (a)Any"auto"owned by that individu- riage or adoption who Is a resident of the indi- al or by any member of his or vidual s household, Including a ward or foster child. her household. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 4 of 5 Office,Inc.,with its permission CWP2865825 S. KNOWLEDGE OF OCCURRENCE T. WAIVER OF SUBROGATION BY CONTRACT The following is added to Section IV— Business OR AGREEMENT Auto Conditions, Paragraph A.2.: The following is added to Section IV- Business d. Notice of an "accident" or "loss" will be Auto Conditions, Paragraph A.S.: considered knowledge of yours only if We waive any right of recovery we may have reported to you, if you are an individual, against any "insured" provided coverage under a partner, an executive officer or an em- this endorsement under B., ADDITIONAL IN- ployee designated by you to give us SURED BY CONTRACT OR AGREEMENT, but such notice. only as respects loss" arising out of the opera- tion, maintenance or use of a covered "auto" e. Notice of an "accident"or "loss" to your pursuant to the provisions or conditions of the Workers Compensation insurer, for an event which later develops into a claim written contract or agreement. for which there is coverage under this U. UNINTENTIONAL OMISSIONS policy, shall be considered notice to us, The following is added Section IV - Business but only if we are notified as soon as Auto Conditions, Paragraph B.2.: you know that the claim should be ad- dressed dressed by this policy, rather than your We will not deny coverage under this policy if Workers Compensation policy. you fail to disclose all hazards existing as of the 1. Your rights under this policy shall not be inception date of the policy, provided such fail- prejudiced if you fail to give us notice of ure is not intentional. an "accident" or "loss", solely due to V LIBERALIZATION your reasonable and documented belief If we revise this endorsement to provide greater that the event is not covered by this poi- coverage without additional premium charge,we icy. will automatically provide the additional cover- The following is added to Section IV—Busi- age to all endorsement holders as of the day the ness Auto Conditions,Paragraph 2,b.: revision is effective in your state. (6) Knowledge of the receipt of docu- ments concerning a claim or "suit" will be considered knowledge of yours only if receipt of such docu- ments is known to you, if you are an individual, a partner, an executive officer or an employee designated by you to forward such documents to us. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 5 of 5 Office,Inc.,with its permission CONSENT TO ACTION OF BOARD OF DIRECTORS IN LIEU OF ORGANIZATIONAL IZATIONAL MEETING OF DIRECTORS OF CONSTRUCTION TESTING LABORATORIES, INC. The undersigned, consisting of all of the board of directors of this corporation, consent to the following action of the board of directors in lieu of the organizational meeting thereof: 1. Officers. The directors adopted the following resolution: RESOLVED: That Jeffrey Thomas is hereby appointed to the position of Corporate Board Director, and also to the office of Vice President of Construction Testing Laboratories, Inc. by the board of directors. RESOLVED: That the following be elected to serve as officers set forth beside the name of each, to serve until the next annual meeting or until their successors are elected and qualified or until removed by the board of directors: President/Corporate Board Director Michael Tollkuehn Vice President/Chairman of the Board Walter Miles Vice President/Corporate Board Director Jeffrey Thomas Secretary/Treasurer/Corporate Board Director Lisa Kittilsby Approved and consented to as of the 11th day of September 2012. C, C 2, -2-; A, Walter Miles, Di ector Lisa Kittilsby, Director ~� fr Obi PC.:\ 4 �.a Michael Tollkuehn, Director This is a certified,true and accurate copy of the Corprata,6solution CONSTRUCTION TESTING LABORATORIES,INC. of Officers o• 'tl-ri ners. ••► • OD z Lisa Kittilsby, Secrete Treasurer PUBLIC • l State of Was i 49, ttRy Public Consent to Action(September 11 2012) Construction Testing Laboratories,Inc. Corporations: Registration Detail Page 1 of 1 CONSTRUCTION TESTING LABORATORIES,INC. UBI Number 601580376 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 10/20/1994 Expiration Date 10/31/2015 Inactive Date Duration Perpetual Registered Agent Information Agent Name BRADLEY P DEAKINS Address 400 VALLEY AVE NE City PUYALLUP State WA ZIP 98372 Special Address Information Address City State Zip Goiefning Persons Title Name Address President,Director TOLLKUEHN,MIKE 400 VALLEY AVE NE SUITE 102 PUYALLUP,WA 98372 Secretary,Treasurer,Director KITTILSBY,LISA 400 VALLEY AVE NE SUITE 102 PUYALLUP,WA 98372 Vice PresidentChairman MILES,WALT 400 VALLEY AVE NE SUITE 102 PUYALLUP,WA 98372 Vice President,Director THOMAS,JEFFREY 400 VALLEY AVE NE SUITE 102 PUYALLUP,WA 98372 • • http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601580376 7/23/2015 CITY OF ' .. .. Federal Way BUSINESS REGISTRATION License Number 20-15-103744-00-BL Non-Resident Business Registered: CONSTRUCTION TESTING LABORATORIES INC 400 VALLEYAVE NE SUITE102 PUYALLUP,WA 98372 Expires: 12/31/2015 Category: 1700-Contractors-Special Trade Conditions: 1.This license is non-transferable. 2. Please notify the City Clerk's office of any change in your business such as a new location or business name. EDE94 / OCQRPORAII p ti Vie+ M'rr 4.• . ,P' 0`. � City Clerk,City of Federal Way This certifies that the above entity has been issued the registration or license listed. City of Federal Way-.Licensing FEDERAL WAY WA 98003,. CONSTRUCTION TESTING LABORATORIES*WALT MILES* 400 VALLEYAVE NE SUITE 102 PUYALLUP WA 98372-2516