Loading...
AG 17-07811 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: y ORIGINATING STAFF PERSON: 8 Ny..�,., TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E. ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): ❑ OTHER EXT: 2 5 t 3. DATE REQ. BY: / / Zr/ Zo! G, RFB, RFP, RFQ) SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL PROJECT NAME: r' Imo- d PT -C- - $ (( Gt'rl N f r NAME OF CONTRACTOR: TA+ n 1-y 1" �INr� ✓ k ADDRESS: 2-.V1-t, InKd /WA- / /Sw 44" (v ` iten No wf E -MAIL: TO* e 6 P. T.,,,,1-04 l�y�� rlGf, SIGNATURE NAME: Sf OX•rry -2-5-3 21 0 G3Y2. 1B-vs'? TELEPHONE -4- .4 ---cfs--op FAX: TITLE Set,(c t ftcavv1- emu, �vve EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES y COMPENSATION y, INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: y/ li y 11 COMPLETION DATE: 5l /I / 7, I 7 TOTAL COMPENSATION $ (1 t - 1 $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR �CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES [R1■0 IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED Q$,YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: S0�-I/ - 04C - 1g-$SS -621 . 0. DOCUMENT /CONTRACT REVIEW / DATE REVIEWED INITIAL /DATE APPROVED PROJECT MANAGER 4 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW c 111 -41? 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY,4NSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATI�IZN�� XI LAW DEPARTMENT ..SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED N 9 AG# `- t -Q DATE SENT: S-1--fl- :OMMENTS 4-1)( revu4cC 4tvst "MAW �/NM9 LIMITED PUBLIC WORKS CONTRACT FOR FIBER OPTIC INSTALLATION This limited public works contract ( "Contract ") is dated effective this 28th day of April, 2017 and is made by and between the City of Federal Way, a Washington municipal corporation ( "City" or "Owner "), and Integrity Networks, Inc., a Washington corporation ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work starting at Intersections of S. 314th St. & Pete von Reichbauer Way S., S. 316th St. & Pete von Reichbauer Way S., S. 320th St. & Pete von Reichbauer Way S., east side of Pete von Reichbauer Way S., and west bound S. 320th St., ending at Pacific Hwy S., Federal Way, Washington ( "Property "); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ("Parties ") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Fiber Optic Installation project, in Exhibit "A" attached hereto and incorporated by this reference, ( "Work "), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit `B," Notice to Labor Unions attached as Exhibit "C," Prevailing Wage Rates attached as Exhibit "D," Title VI Assurances attached hereto as Exhibit "E," Certificate(s) of Insurance Form attached hereto as Exhibit "F," and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents "), which Work shall be completed 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. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before the 10th day of May, 2017. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City Liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: 1 3/2017 (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permits, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit `B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The 2 3/2017 Contractor shall supply such supporting documents and analysis for the claims as the City may require determining if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall coinmencc on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 10h day of May 2017, and the expiration of all warranties contained in the Contract Documents ( "Term "). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work 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. 3 3/2017 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Seventeen Thousand Eight Hundred Fifty and 00 /100 Dollars ($17,850.00), and Washington State sales tax equal to One Thousand Six Hundred Ninety -Five and 75/100 Dollars ($1,695.75) for a total amount not to exceed Nineteen Thousand Five Hundred Forty-Five and 75/100 Dollars ($19,545.75), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof, 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 Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8`h Avenue South Federal Way, WA 98003 -6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Thomas Fichtner 33325 8th Avenue South Federal Way, WA 98003 -6325 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: 4 3/2017 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 Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "C," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit E. 6. INDEPENDENT CONTRACTOR /CONFLICT OF INTEREST It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that 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 which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance 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 Contract to an employment contract. It is recognized that Contractor may or will be performing work during the Term for other parties; provided, however, that such performance of other work shall not conflict with or interfere with the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of interest in favor of the City. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting front, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. 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. 5 3/2017 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) 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 Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. 6 3/2017 (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, attached hereto as Exhibit "F" and incorporated by this reference. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self - insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self - insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self - insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and 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 Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all 7 3/2017 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 execution 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. PREVAILING WAGES 11.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and /or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 11.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 11.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 11.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 8 3/2017 12. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 13. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 14. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 15. 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 this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. 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 Contract. 16. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and /or the City may deduct its costs from any remaining payments due to the Contractor. 17. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 17.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state 9 3/2017 excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 17.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 17.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 18. GENERAL PROVISIONS 18.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 18.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 18.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 18.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 18.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 10 3/2017 18.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 18.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, 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. 18.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 18.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 18.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. 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 herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 18.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 18.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 18.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and /or performance of this Contract, this Contract may be rendered null and void, at the City's option. 18.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. [Signature Page Follows] 11 3/2017 DATED the day and year set forth above. CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 APPROVED AS TO FORM: ATTEST: J. Ryan Call, City Attorney STATE OF WASHINGTON ) ss. COUNTY OF King ) City Clerk, Stephanie Courtney, CMC Its: CEO 2220 Lind Ave SW #106 Renton, WA 98057 (Address) (425) 264 -9400 (Phone) On this day personally appeared before me Spencer Woods, to me known to be the CEO of Integrity Networks, 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 \``ommiswo, N g� sOs�oii� +'9� % v° c1OTARy limn I moo seal this 28th day of - tl Shanno ail (typed /printed name of notary) Notary Public in and for the State of Washington. My commission expires: 3/13/20 12 3/2017 DATED the day and year set forth above. APPROVED AS TO FORM: c STATE OF WASHINGTON ) ss. COUNTY OF King ) CITY OF FEDERAL WAY: . or Ferrell, Mayor 3325 8th Avenue South Federal Way, WA 98003 -6325 ATTEST: J. Ryan Call, City A%orney y ]erk Inte B Its: CEO Stephanie Courtney, 2220 Lind Ave SW #106 Renton, WA 98057 (Address) (425) 264 -9400 (Phone) On this day personally appeared before me Spencer Woods, to me known to be the CEO of Integrity Networks, 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 28th day of f 1 / .�` ANON k i'��. co • F+, e Shanno C 1Til • NOTARY Mi (typed /printed name of notary) �.� Notary Public in and for the State of Washington. 11 1 PUBLIC My commission expires: 3/13/20 ' • 0 -#.o. G � 12 , W A S N∎? 3/2017 EXHIBIT A SCOPE OF WORK Itemized Summary Reference Map for Vault & Traffic Cabinet locations. • Integrity Networks, Inc. will provide the Labor, Equipment & Materials to install one (1), 24 strand SMFO Corning Altos, gel free (or approved equivalent) cable beginning from the Signal Vault #1 at 320'" & Pacific Highway S. (Vault #1) ending at the Traffic Cabinet at S. 314th St. & Pete von Reichbauer Way S. (TC -C), Traffic Cabinet at S. 316th & Pete Von Reichbauer Way S. (TC -B) and ending at the data room inside the PAEC (MDF). • Integrity Networks, Inc. will provide the Labor, Equipment & Materials to install one (1) splice case, to accommodate four (4), 24- strand cables, at Vault #21. • Integrity Networks, Inc. will splice into existing splice case in Vault #1 (see Splice Diagram IA & 1B) and in the new splice case in Vault #21 (see Splice Diagram 2). • Integrity Networks, Inc. will leave 125 ft. of slack at Vault #4 and Vault #I4. • Integrity Networks, Inc. will leave 75ft of slack per cable at Vault #20. • From the Splice case at Vault #21, Integrity Networks, Inc. will run one(1) 24 strand cable to TC -C where 6 strands will be terminated, one (1) 24 strand cable to PAEC where six (6) strands will be terminated, and one (1) 24 strand cable to TC -B where twelve (12) strands will be terminated. • Integrity Networks, Inc. will install 24 -port fiber wall mount patch panel inside the MDF and terminate six (6) strands using LC pigtail connectors. • Integrity Networks, Inc. will install one (1) SPH -01P Panel at TC -C and one (1) SPH -01P Panels at TC -B (see Map). • Integrity Networks, Inc. will terminate six (6) strands of the SMFO cable into the SPH -0IP Panel using LC pigtail connectors at TC -C. • Integrity Networks, Inc. will terminate twelve (12) strands of the SMFO cable into the SPH -01P Panel using LC pigtail connectors at TC -B. • Integrity Networks, Inc. must label installed SMFO cable with description of cable path at each vault. • Integrity Networks, Inc. will provide OTDR testing of all installed SMFO cables and provide documented test results. • Integrity Networks, Inc. will submit ROW permit for approval. • Integrity Networks, Inc. will submit as- builts, in electronic form, and documentation of the project, including splice diagrams and conduit in each vault and fiber pathway. Assumptions • All pathways are free and clear and able to install fiber using normal means. • About 70% of pathway contains mule tape /drawstring. • Integrity Networks, Inc. must be aware, splice case at Vault #1, strands 1 -6 are in active use and service cannot be interrupted. • Integrity Networks, Inc. must pay the current Washington State prevailing wages per the Washington State Department of L &I classification of "Electricians — Inside ". Exempt from Scope • Any new pathways or pathway connections. • Permit fees. 13 3/2017 EXHIBIT B CONTRACT CHANGE ORDER AGREEMENT PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ❑ Unchanged ['Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑Yes ❑No ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S MAYOR SIGNATURE SIGNATURE 14 DATE 3/2017 DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $ ❑DECREASED $ PAY THIS ADJUSTED AMOUNT: $ MAYOR'S SIGNATURE 15 3/2017 EXHIBIT C NOTICE TO LABOR UNIONS OR OTIIER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: IBEW Local 46 (Name of Union or Organization) The undersigned currently holds contract(s) with City of Federal Way involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Integrity Networks, Inc Spencer Woods, CEO (Contractor or subcontractor) 4/26/17 Date 16 3/2017 Effective Date: EXHIBIT D PREVAILING RATE OF WAGE (SEE ATTACHED). 4/19/2017 Benefit Code Key for 411 912 01 7 County Trade King Electricians - Inside King Electricians - Inside King Electricians - Inside King Electricians - Inside King Electricians Inside King Electricians - Inside King Electricians - Inside „lf� .;;I Apprentice Wages Job Classification Cable Splicer Cable Splicer (tunnel) Certified Welder Certified \Vetder (tunnel) Wage $73.20 578.59 570.75 `:$75.89 Construction Stock Person $38.69 Journey Level 1568.30', Journey Level (tunnel) $73.20 17 Holiday 7C 7C 7C 7C 7C 7C 7C Overtime Note 4E 4E 4E 4E 4E 4E 3/2017 EXHIBIT E TITLE VI ASSURANCES During the performance of this contract, the contractor /consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor ") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non - discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non - discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub - contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 18 3/2017 5. Sanctions for Non - compliance In the event of the contractor's non - compliance with the non - discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and /or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non- compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub - contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. 19 3/2017 ACORO° EXHIBIT F CERTIFICATE OF LIABILITY INSURANCE INTENET -02 MACHAVEZ DATE (MM /DD /YYYY) 11/22/2016 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 Hub International Northwest LLC 12100 NE 195th St. Suite 200 Bothell, WA 98011 INSURED Integrity Networks, Inc 2220 Lind Ave SW #106 Renton, WA 98057 CONTACT NAME: PHONE (425) 489 4500 No): (425) 485 -8489 E-MAIL ss: now.info @hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Company of America 25674 INSURER B:The Phoenix Insurance Company INSURER C: 25623 INSURER D: INSURER E : INSURER F : 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) 11/23/2016 POLICY EXP IMMIDD/YYYY) 11/23/2017 LIMITS A X COMMERCIAL GENERAL. LIABILITY X X DT- CO- 4C626115- TIL -16 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE rx OCCUR MiCt SES (Eao TErrence) 300,000 MED EXP (Any one person) 10,000 PERSONAL & ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 'ECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY X X DT- 810- 4C626115- PHX -16 11/23/2016 11/23/2017 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X X ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -0VJNED AUTOS BODILY INJURY (Per accident) 1. PerraER'�dentDAMAGE (Per ) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE YIN OFFICER/MEMBER in NH) EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N DT- CO- 4C626115- TIL -16 11/23/2016 11/23/2017 PER OTH- STATUTE X ER E.L.EACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed) RE: WORK AT INTERSECTION OF S 32TH ST. & PACIFIC HIGHWAY SOUTH, FEDERAL WAY, WASHINGTON ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, ITS OFFICERS, OFFICIALS, EMPLOYEES, VOLUNTEERS AND AGENTS. SEE ATTACHED ENDORSEMENT(S). CANCELLATION CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION 33325 8TH AVENUE SOUTH Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE AUTHORIZED REPRESENTATIVE HO ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy number: DTCO4C626115TIL -16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section 111 — Limits Of Insurance. The insurance provided to the additional in- sured does not apply to "bodily injury', "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. b) CG D2 46 08 05 The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Poly number. DTCO4C626115TIL -16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT TI endorsement mortifies Insane provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -TNS endorsement broadens coverage. However. coverage for any Injury, damage or modkal expenses described In any of the provisions M this endorsement may be excluded or limned by mother endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that courage Is occluded of [bated by such an endorsement The followng holing Is a general cover- age description wily. Limitations and exdueinm may apply to rhea coverages, Read all the provisions of this en- dorsement nd m. rest of your policy carefully to determine tights. dunes. and what Is ad Is not covered. A Aircraft Cheered Wth Pilot B. Damage TO Premses Rented To You C. Increased Supplernenary Paymefls D. [ridden. Medial Mdprecice E. Who Is M Insured - N000y Acquired Or Formed Org04iations F. Wirt Is An Insured - Broadened Named Insured - Unnamed Subsided. G. Blenkel Addend Insured - Ome., Renegers Or Lessors Of Promises PROVISIONS A AIRCRAFT CHARTERED IMTH PILOT The folowin• Is added to Exclusion 9., Aircraft, Auto Or Watercraft n Paragraph 3. of SECTOR I .COVERAGES COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE UABILITY. This exclusfem does not apply to an aircraft Ihal (a) Chartered :nth It pilot to any Im10.00 (b) Not owned by any insured and (c) Not being used to carry any paean or prop- erty fora ohage. 5. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions In Ex- clusion J., Damage To Property, In Para- graph 2. of SECTOR I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABIUTY is deleted 2. The lolowirp replaces the lest pasgaph of Paragraph 2., E081050on5. of SECTON 1 - COVERAGES - COVERAGE A. BODILY CO 031911 11 H. Blanket Addtiond Insured - Lessors Of Leased Equipment I. Blanket Add5nd Insured - States Or Pdi0al SWdrisbns -Perms. J. Knowledge And Notice 00 Ocwmence or Offense K. Unintentional Omission L Blanket Weiner Of 3.NOga1ri M. Amended Badly Injury Definition N. Conga... Liability - Rolando INJURY ANO PROPERTY DAMAGE LI- ABILITY: Exclusions 0. and 5. through n do nor apply to 'premise damage'. Exclusion L(1)(4 does nor Imply lo 'premises damage' caused by a. Fire; D. Explosion, 0. Lightning, d. Smoke resuming fromsuch fire. explosion, or lightning; or • Water, unless Exclusion f. 00601.01 - Coverage A - Bodily Injury And Property Damage Liability Is replaced by another endorsement to this Coverage Pad that has Exclusion -All Pe1ku- Don Inp.y Or Damage or Total Pdlu5on Ex- elusion hits Me. A separate goof of insurance apples to 'prenises damage' as descdbed in Para- graph 8. of SECTION III - LIMITS OF IN- SURANCE own 1MTrwewnlrxatrwr Compaq .uVou 3. The following • added to Paragraph 5. of SECTIONS' - LIMITS OF INSURANCE' For the purposes of determining the applica- ble Each Occurrence Limit el related acb or omiscions commuted n providing or fading to provide Incidenld medical wakes", Nat rid or "Good Samaritan eervicee to any one per- son MI be deemed to be one "occurrence'. 4. The Idlowng exclusion • added to Pare- EMGE9 EAGOV 1 10 A BOdLYI INJURY AND PROPERTY DAMAGE LIABILITY'. Sale0l Pharmaceuticals Madly injury or "property damage ed5Bp out Ogle wnRd violation of a penal statute or ordnance relating to the sale of pharmaceud- cdss committed by, 0 with the I000n0ge or I of. to Insured. 5. The Anaooing Is added to the DEFINITIONS Section. Incidents medcal services-means. a. Medical, sr1w, dental, laboratory, x-ray rung service or treatment, advice 0 Instruction. or to related furnishing of food or beverageA or b. The furnishing or dispensing of drugs or made .,, den.. 0 ugl scal appi'es or ppE a Mood Samaritan services" means any emer- gency meded services err which no compen- sation Is demnded rreevived. B. The following's added to Paragraph 4.a, Ex- 6 Insurance, of SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The Insurance is excess over any valid and cWec*ble other Imrnee available to th0 in- sured, whether primary, excess, contingent or on any Other basis, that Is oval. to any of your 'employees. or • oludeer workers" for "welly Injury that wises Out of raking or 0.111,19 l0 provide Incidental medral ser- viced, first rid or 'Good Ser adtn services- to any person t0 the extern not subject to Paragaph 2.a(1) of Section 11 -Who Is M E. WHO IS AN INSURED - NEWLY ACOUIRED OR FORMED ORGANIZATIONS The /allowing replaces Pregreph 4. of SECTION I- WHO IS AN INSURED: Page 1 of COMMERCIAL GENERAL LIABILITY 4. Any organization you nerdy acquire m form. o ther than a partnership, Joni venture or Mi- lted lability company. of which you ero the sole owner or in loch you maintain the ma- jority ownership Merest, will godly es Named Insured t Were is no other insurance whk5 provides 5111400 coverage to that or- 9&00060 t However. a. Coverage under this provision Is afforded (1) Una the 10010 day after you acquire or loon the organization or the end of the pd' y period, whichever is earkr, N you do not report such organization in writing 10 us within 180 days after you acuare Won It r (2) 1008 the end of the poky paled when that data Is later then 160 days alter you 50500re or form mall 4rga thabon, N you ape such organization n writing to us with 180 days after you acquire or form It and we agree pun writing that it will con- tinue to be a Named Insured unbl the end Male poly period; b. Coverage A does not apply l0 000010' 115•Y or 'property damage' that occurred before you Bemired or formed the r9anba5on; and 5. Coverage B does not apply b 'parsed In- j1y r -.vetoing Injury' Msng 000 of an offense committed before you acquired or famed the organization. F. 0.110 IS AN INSURED - BROADENED NAMED INSURED - UNNAMEDSUBSIDIARIES The following Is added to SECTION II -WHO IS AN INSURED. Any M you subddiades, other than a partnership. joint venture or Mined liability company, that Is not dhow., as a Named Insured In the Declare. tons is o Named Insured d you maintain an own- ership merest of more than 5000 In such suDald- ay on the first day of the policy period. No such subsidiary . an Insured for bogy injury" or -property damage that occurred, O'persond Injury or -advertising Irywy caused by an of- fense committed after the date. if any, dung the policy period, that you no longer maintain an ownership interest of rare then 5000 in such sub- Mary. CG 03 16 11 11 O2311 Tiwtavenn ire.enerrcmpany .05050, ones*. Page 3de COMMERCIAL GENERAL LIABILITY 1. The following replaces Paragraph G. of SEC- 11014 III- LIMITS OF INSURANCE: Subject to 6. above, the Damage To Prem. Ises Rented To YOU Unit Is the most we coil pay under Coverage A for damages because 01 'premises damage' to any me prenises The Damage To Prerdses Rented To You Ur. Oil 50545 to ell 'properly damage' proximately caused by the s more, whether such damage results Bon' Re; explosion; lghtning, smoke resoling from 0001, fee, explosion, or lightning; or water, or any comhirmtion of any of these causes. The Damage To Pr OISOO Rented To You Limit MUM. a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part or b- 6300,000 ! no mount Is shown for the Damage To Premises Renle4 To You Emil CO the Declarato0s of this Courage Pat. 4, The following replaces Pareg•aplh • of the definition of Insured contract' in the DEFINI- TIONS Section. a. A oedema for a lease of premises How- ever. that portion of the contract for a lease of premises that indemnifies any person r � a0on for sus damage's n wed contact; 'premises 6. The foMwhhg Is added to the DEFINITIONS section: a9.lisea damage means 'property darn- a Any premises while rented to you or terry pranly occupied by you vat, permission of the ownec or D. The contents of any promises wile such premises is rented to you, if you rent such Ernitunrdmrtried of seven or tear 6. The following replaces Paragraph 4.010x5) M SECTION IV - COMMERCIAL GENERAL UABIUTY CONDITIONS: (b) That Is Insurance for -premises damage; or 7. Paragraph 4.00(1).) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS • deleted. C. INCREASED SUPPLEMENTARY PAYMENTS I. The foaming replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS- COVER- AGES A AND B of SECTION 4 COVER- AGE' b. Up to 02.500 for the cost of bat bonds required because of ecdden0 or traffic IawNOladons arising out of the use of any vehde to which the Godly Injury Liability Coverage applies. We do not have to ?La- mb these bends. 2. The [0400, 0540000 P Nh 1.01. 00 SUPPLEMENTARY PAYMENTS - COVER- AGES A AND 0 of SECTION I - COVER- AGES. d. All re senabla expenses Innaree by She Insured at our request to sold us In the Inves09ation or defense of the dam or 'sue, Indudn9 actual loss of earrings up to 5800 5 day because of time off from work D. INCIDENTAL MEDICAL MALPRACTICE 1. The fd'owing Is added to the 401010on of'oc- n the DEFINITIONS Section: 'Occurrence' also means an ad or omission unmated In providing or faiang to provide InadeMd medal services', first rid or -Good samaritan serviced Loa person. 2. The Iollowing is added. Paragraph 2.841) d SECTION N- WH013 AN INSURED: Paragraph (1)(4) above does not apply to ' bodily injury' Mdrg out of providing or fad- ing 10 provide: (H 'Incidental medcd services' by any of Yogi 'employees' who is a Bete practi- tioner, registered nurse, limed practical nurse assis0nl emerge,. Y med- cd techriMn or paramedic; or (II) First aid or-Good Santa.. services by any ofyoUr'.05407 es• r Yolunleer workers... other [hen an employed or vol- unteer doctor. Any such 'employees' or "volunteer workers' prondng or lelmg to Prickle first rid or -Good Samaritan cer- bevices' liming leek work hours for you will deemed to be acting within the scope of [hat employment by you ear performing Mies related to the conduct of your bua- Pegs 2 of 6 0201111-eTraveenIo* .ay Con.', oUrysa meowed COMMERCIAL GENERALUABIUTY 3. The following replaces Paragraph 6. Of SEC- TION III - LIMITS OF INSURANCE: Subject t0 6. above, the Omega To Prem- ises Rented To You UM Is the most we col pay under Coverage A for damages because of 'premises damage to ear .8 01084085. The Damage To Premises Rented TO You Limit will apply to en 'property damage poxinatey caused by the same "occur- rence. whether such damage results from Ne; explosion; Bgirniog; smoke resdbng from such fire, explosion, or lightning; or water, or any corrbkra0an of any of these causes. The Damage To 502008080 Rnad To YOU Lnd Wilber . The avant Mom for the omega To Premeea Rented To You Unit on the Declarations of this Coverage Part or G 3300,000 N no amount Is shown for the Damage To Premises 80,150 To You ljmil on the Declarations of this Coverage Part 4 The following replaces Paragraph a of the definiton of Insured contact' in the DEFINI- TIONS Section: a A contact fora leased premises How- er, that porton of the 014acl for a lease of premises that indemnifies any peson ganization for 'promises damage' k or not an Insured cntacf; 5. The fobning Is added to She DEFINITIONS Section: 'Rte t. damage' means 'property UM- a Any premises while ranted to you or tem primly warp'. by you with omission of the owner; or b. The contents of any premises wide such premises is rented to you, N you rent such Evan JFrdmeriod of seven or fewer 6. The 1M0wng replaces Paragraph 4.b.(1)(b) of SECTION IV - COMMERCIAL GENERAL LIABILITY CONIg710NS: (b) That is Murano for "mods. damage or 7. Paragraph 4.00(0)(0) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. CG 03161111 C. INCREASED SUPPLEMENTARY PAYMENTS 1. 01.e (Mowing replaces Peegraph 1.b, of SUPPLEMENTARY PAYMENTS- COVER- AGES A AND B of SECOON4 COVER- AGE'. b. Up to 52,500 for the cost d ba0 bonds required because of sodden. or Iraf10 law 00letons wising out of the use 01 any veNde to rich the Bodily In5xy Uabdiy Coverage applies. We do not have to fur- nish these bonds 2 The (080np np1 Paragraph 1041./ d SUPPLEMENTARY PAYMENTS _ CER- AGES A AND B of SECTION I - COVER. AGES. 0, All reasonable expenses [nam•d by the Marred d err request to assist us in the n1008500n or defense of the dim or -suir, inducing ec0el loss of earnings up to 6500 a day become of time 01f from work D. INCIDENTAL MEDICAL MALPRACTICE 1. The foaming is added Kite definition of amma' n to DEFINITIONS Seaton: mamma' she mean an act r rnisdrh mmi0ed n pronging or failing to prov.de 50*004 rnedcd 000.0100', first rid or 'Good Samaritan services' to a pesos 2. The following is added to P0agaph 25.(1) of SECTION II - WHO IS AN INSURED: Paragraph (1)10*) above does not apply to "bodily Injury Ming out of providn9 or fair In9 to provide: (I) 'ktide0al medical services' by try of your 'employees who • a nurse peed. tioner, 02pdered nurse, kensed practical nuras insistent emergency medi- cal (echnkln r eeramedk; or pB First aid or "Good Samaman services' by w� of you '.nplme0' r 'volunteer waiters', other the an employed or rot - un.er dour. My such -employees' or -volunteer workers' providing or Idling to provide Nat rid or 'Good Samaritan stn vice' doing Una work hours for you will be deemed. be acting within the scope of iMlr employment by you or performing Ades re10.d to the conduct of Your Ma. Paget of 6 0001111.780005 IrdemwlComr0r Ninsree Osgood CG D3161111 3. The following Is added to Paragraph 6. of SECTION 111 -UNITS OF INSURANCE: For Use purpose. of determining the spi&o. b'e Each Occurrence Ural, .1 rested acs or onesssna committed In parterre er filing to provide incidental madcd services', first aid or "Good Samaritan services" to any are per• son win be deemed to be one "occurrence. A. The foso g exclusion SA ad7dieddl to Pera- EAOE9 E COVXGn A OODIOLYIINJU V AND PROPERTY DAMAGE LIABILITY: SaleOf Phrr...Meas "Welly'npo)' .'papery damage onang out of the wni Weirton of a penal stable or °rebutte rs/Wm to the sae of pharmaceud- cals committed by, or with the knowledge or consntot the insured 6. The following Is ogled to the DEFINITIONS Scion 'Incidental medcal senicei means. a Medical, eur9feat, dental, laboratory, .. my es nursing service 0r treatment 050400 instruction, or the rested furnishing of food or beverages. c b The Nmis4ng or dspens0g of lags or medical, denial. or surgical supplies or Appian.. "Good Samam.n .ervicee means any emer- gency medical services for which no compen- sation Is demanded or received 8. The following is .sided to Paragraph 4.5., Ex. ass Insurance. a SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS The insurance la excess over my valid and collectible other Insurance available to the in- sued, whether pinny, excess, contingent or on any Wren bass, that s emirate to any of your "employees" or 'volunteer Workers' f. ' bodiy Injay that rises cut of providing 00 failing to provide incidental mecca ser- viced, fret aid or "Good Samaritan timber to any person to be extent not subject to Paragraph 2.0.(1) of Section II -Who Is M Indeed, E. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The forming replaces Paragraph 4. Of SECTION 1 -WHO IS AN INSURED: COMMERCIAL GENERAL UABILITY e. Any 019arize0on you newly acquire or form, Other than a partnership, joint venture or lim- ited !lability normally, of Which you are the sole comer of In which you maintain the ma- OW ownership interest win party as a Named Insured K there s no other mweralee which provides similar coverage to met or- ganization However a. Coverage under this provision is refereed only: (1) 0001 the 180th day after you acquire or form the orgenize0en or the end of the pony pared, whichever is Niftier, N you do not report such o19eNration In 4001009 low within 180 days after you oegare or formrCon (2) ling the end of be policy period when that date's later than 100 dare after you OOgUIe or form such 0090.4100001.40 you reprt such argardae0on In wn0ng b us within 180 days alter you acgdre or form it and we agree in .000rg met n ova con- tinue to be o Named Insured until the end of the Paw/ period b. Coverage A does net apply to 'bodily Injta) or 'poverty damage" that warmed before you acquired r formed the P9.422600; and C. Coverage B does not appy to 'personal h- irer a 'advertising iry2y Mang out of an offense comrNn.0 before you acquired formed the agande0n. F. WHO IS AN INSURED - BROADENED NAMED INSURED - UNNAMEDSUBSIDIARIES The !.Wowing s added to SECTION 11 -WHO IS AN INSURED: Any of joint venue 00 inited MIAMI/ company, 2.04 1s not shovel es a Named Insured in the Declare. tons is a Named Insured if you meinfin en own- ership Interest of m.e con SO% to such abaci. ay onto first day of the policy period. NO such subs'day Is an Insured for 'booty Injury or 'property damage' that waned, .'personal Injuy or 'advertising Injury" caused by an of- tense committed alter be date, If any, during the policy period, that you no longer mein'.ein an ownership interest of mare thn 50% In such sub sidary CG D3 16 11 fi 0201111wr.o0Nnksmed0O0NIO 0000arnervee COMM ERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES Tne following Is added to SECTION U - VAW IS AN INSURED: Any person or organization that Is e premise owner. manager or lassar and that you have agreed In • written centred or agreement to M- aude as an add0onel insured on the Coverage Part than insured, but only with respect to liability for body injury', 'property damage. "personal) injury or'ed.ertising Inlay that a. Is 'body injury' or 'property damage that owes, or O'pmns, injury or 'advertising In3O3 cased by an offense that Is commit- ted, subsequent to the execution of that con- trast or agreement and b. Arles out of the ownership, maintenance or user that put of Ony premises leased to you The Swoon. provided to such premises owner, wager or lessor Is subject to the following pro- visions: a. Tne emits of swim's. provided b such premises owner, rre4uger or lessor M1 be the m1imum mats whin you agreed to pro- vide in the Written contact or agreernenl or the Inds slum on the Oe.aa0ons, which- ever ere Res d The Insurance provided to such premises owner, manager or lessor does net apply to: (t) Any body Iryuy r 7ropM damag2 that occurs, or 'personal injuy.'dvr- tang Input cased by an amens. that Is committed. alter you cease to be e lenenl In that premises; or (2) Structural alterations new eonsWCOon or danw00on operations performed by or on behalf of such premises owner, lessor menages, 0. The Insurance provided b such penises owner, manager or lessor is excess over any Vapid and collectible other insurance available to such premises owner, manager or lessor. Muth. primary, excess, contingere or on my other bass, unless you have agreed In the Widen contract or agreement that this ion scan. mud be pinery lo, or am- contributory with, such Inner Insurance, n YMCA case Ws Insurance she be primary le, and nnsanlibutry Winn, such other Rem. Page A of Page 3 of 6 H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added t0 SECTION II -WHO IS AN INSURED: My person or orgnkaean that s an equipment less. and that you have agreed In a written core gaol of agreement to include as on Insured on this Coverage Pat lam Insured, but only with re- swot to Warty for body Injury', 'property 2.0.' 09)', P610000.1 inpry ar'advedrng injury' that a Is badly Injury or "property damage met or is 'personal Injnry' or "advertising Injury caged by an offense that Is commit- ted subsequent l0 the exea0n of that con- tract. agreement and 5. Is caused, In whole or in part by your .0s or omissions in the Maintenance, operation r use of equipment leased to you by such eraipmenllnsr. The Insurance provided to such equipment Ines Is subject to the Moreno provisions a The Ohs of insurance presided to ouch equipment lessor will be the minimum limits which you agreed to provide In the Wnden contract c agreement, or be Ilms sham on the Deoaa0ons, Mahe., are less b. i 40.0004 provided to to Iced aregr 01 SOO en y NY or 'property damage coal occurs, or -personal injury r-a0eAan9 njuy caned by m of- fense that Is committed, after the equipment lease expert. a The Meagan. provided to such equipment lessors excess over my valid and co0ec0ble other Irsurmee available to such equipment lessor. whether primary, excess, canbngent Or on ay other basis, unions you have agreed In the written contract or agreement that this insurance must 50 primary to, or nncon1DUtory Mot such other ms.nce, in Wind, use this insurance MII be primary to, and nonconlnb0ary with, such ether Ion I. BLANKET ADDRIONAL INSURED- STATES OR POLITICAL SUBDIVISIONS PERMITS The following Is added to SECTION le-WHO IS AN INSURED: Any state or political subdvistn that has Issued a permit in connection with opera0ns performed by you Of n your bear and that you ere refired e2m,lronneraiwir+y0ompnv 0:1.0 res.nwe CO D3 16 1111 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The blowing is added to SECTION 11 -1W10 IS ANINSURE0 Any person or organization that is a premises manager or lessor and that you have agreed In a andiron ccaract or agreement 10 in- clude as an addmme] Insured on this Coverage Pad is an Insured, but orgy with respect to Liability for body injury', 'property damage, 'personal Inpm" or'advertising inp.y that a. Is "body ntimy' or 'property damage coal wars, or is 'personal nj0y or 'advar2sng blunt r sed by an offense that is commit- ted. subsequent to the execute of that con- tractor agreement and b. /Vises out of the ownership, maintenance or use of that pad of any premises leased to you. The insurance presided to such premises owner, wager err lessor is subject to the following pro- visions: a. The limits of Insurance provided to such penises owner, manager or less. pad b0 the minimum 0mils Aid, you agreed b pro- vide in the written contract or agreement, 00 the limits shown on the 000aa0ons, which. ever are less It The Insurance provided to such penises manage or lew.doe0 not apply lo: (1) My 'body injury or 'property damage bat occurs. or 'personal npry.'edver- tang repay' caused by n offense bat N commtted, al. you cease to be a tenant in that premises, or (2) Structural alterations, new censWCOon . demolition operations performed by or on behalf of such premises owner. less. or mammas. 0. The insurm. provided l0 suds premises rmanager, or lessor is excess over any valid and collectible other insurance available b Mach premises owner, manager or lessor, whether winnow, excess, contingent . on any other basis, ui'ess you have opted in the written contractor agreement m.l this in- mrm be primary b, o non- contributory with, such other insurance, In winch case this insurance will be primary to, and non-cnnbutory paint, 010(1 other nsr- Pager of e20t1mw0,.relenlN.rmwy by any rrinanca law. burning rode to include m add6onal insured on this Coverage Pad Is an Insured, but only filth respect to 0abUtty for 'bogy injury, "property damage, 'personal In- jury' o'adredsing ',or wising out of such op- erations. The insurance provided to such slate or poitical subdivision does not apply ter a. Any 'badly injury? 'properly damage,' pep anal Injury .'advertising Injuy arising out of operations performed (Or that state or 9o- li0cal subdivision, Or It Any badly Input' or 'properly damage" In- cluded in the "p oducls- eonpleted operalums hoard-. J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Owurrn0e, Offense, Claim or Sul, of SECTION IV-COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: a The following povsl0105 apply 10 Paageph a above, but only for the mitoses or the in- urr.ce provided under cots Coverage Panto you or any Insured listed in Parwgraph 1. or 2. of Section II -Who is M Insured: (1) Notice le m of such 'occurrence r of- fense must be given as soon as pre1c ble only after the 'o.cunewe or offense is known by you (d you are an indvidur), any of your partners or members who is an Individual El you re • pameship Or feint venture) .117013000001001090050200 1, of Is on individual (i you are alimited gabby m" . company), 01 (if you rem organize- ton other than a pan ership, joint venture .limited liability .mpmy) or erry'em- 0dyed authorized toy ya to glue notice f n'ocrrence r offense. (2) If you area partnership, joint venture or limned Lability company, and none Of year partners, joint venture members or man - 0gers era Indwlduala nod. to us of such 00 or offense mast be given as 5 practicable only 00er040 '00.cup rence. ofese Is Nown by (0) Any lnd6dual who is. (I) Apartner or member of any mat- ship rjonlveniure: 11. BLANKET ADOITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added lo SECTION II - WHO IS AN INSURED. My person Of argania■eon that s en equipment lessor and that you have agreed In a wrist. con- tract or agreement to Include as an Insured on this Coverage Pat is an Insured, but only with re- spect to 1abiiy for body Injury., dam- age', 'personal Injury' r'0dver9sing injury that a Is body Invr or 'properly damage that or Is 'personal rigs.)^ or 'adver2sirg Injury' caused by en offense But re commit- ted, subsequent to the execution of that con- tractor agreement and b. Is caused, In whole or In pat by your acts or osissions In the maintenance, apra9n or use of aqulpmnt leased to you by such equipmentlessor. The Insurance provided s such equipment Lessor is subject to the following provision: a The Um. of Insurance provided to such equipment less. 4091 be the minimum Inns which you agreed to provide In the written contract or agreement, a the hmds shown on the Declarations, wfich ever are less. 6 lessor does not a.9Wy to any �enpPy or 'property damage' coal aeons, or 'personal Inlay' r'advertslng npay caned by an oft fence Iha1 is committed, after th• equipment lease expires. 0. TM Insurance provided to such equipment lessor Is excess over any add and collectible other insurance available to such equipment lessor, whether analogy, excess, contingent or on any other basis, unless you here agreed in the written contract or agreement that this Insurance must be primary lo, or nonrAntrbu.y with, such other Insurance, In w}d h case this Insurance WN be primary lo, and non-contributory with, such agar In- surance 1 BLANKET ADDITIONAL INSURED- STATES OR POLITICAL SUBDIVISIONS - PERMITS The following le added to SECTION II-WHO 15 AN INSURED Any state or politest subdvi0lon that has Issued a permit in enneelln with operations performed by year or co your behalf and that you re required Company unworn.. CG D3 18 1111 COMMERCIAL GENERAL LABIUTY (0) A monger of any limited babatty company, or (111) An .00006ae officer or threat. of my Other organization; that Is your partner, jdnt venture member or 0000*9er, or (b) Any "employee authorized by such partnership. Joni venture, limited li- ability company or other ar9anao0n to give notice of an 'owurence or Wine. (3j Holies to us ofouch'warren0' or a an offense will be deemed to be given as eon as practicable if A le given In good lath es soon as practicable to your warW era' .mpen0atan Insurer. Ths applies only It you 5ubsequm0y give notice 10 Ins or the ocarrance" or Wane es soon as practicable ilex any Of the persons de- scribed in Paragraphs e. (I). (2) Wove deovere that the 'Occurrence' or Offen. may rerun In a0ae. 40 0Aic1 the Insurance provided under Ws Coverage Put may '90ty However, if Ws Coverage Pad inducts m en- dorsement that provides 50410d coverage for body injury' or "prapny damage or petition toss acing out of a discharge, release or es. cove of "po1utnle which contain a requirement that the alp ar9e, release . escape or'pouu,- ants' rm.sl be reported to us within • specific number of drys after Its abrupt commencement this Paragraph e. does not affect that require- ment K. UMNOENRONAL OMISSION TM blowing Is added to Paragraph B., Rape. senta5ns. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of or unintentional err In, any InlormWon provided by you Minh we relied upon In Issuing this policy will not prep. dee your rights under this Yuman./ However, Ws provision does not affect our right to correct ad4Onal premamn Of 10 exercise our rights of cancellation or norenewr S meadow* with appO.ble insurance laws 00 regulations. L BLANKETWAIVEROF SUBROGATION The following is added to Paragraph 0., Transfer Of Rights 01 Recovery Against Others To Us, of SECTION 1V- COMMERCIAL GENERAL U- ABIUTY CONDITIONS: CG 03 16 11 11 02o1r1h.Tma.0ommntyCompam. whip .re.e0ed P•9e5o16 COMMERCIAL GENERAL LIABILITY If the insured has agreed r a contract or agree- ment to waive that Insureds right of recovery against any parson Or orgarrsabon, ova waive our right of recovery against such person or organCe- bon, but only fer payments we make because of a. 'Belly injury or 'property damage' that oc- curs. b. 'Personal ijuy or 'adven0ing Injury' caused by an offense that is eent fitted; subsequent to the execution of but contract or egreamera_ M. AMENDED BODILY INJURY DEFINITION The fallowing replaces the definition of 'bodily injury' 0 the DEFINTIONS Section: 3. 'Body injury' means body .ouly, mental anguish, mental injury, stock fright disability, hunitebon, sickness or dseese sustained by a person. Inducing death resulting from any of these et any ems. N. CONTRACTUAL IJABNJTY — RAILROADS 1. The Iabveng replaces Paagaph 0. or the definition of insured contact' in the DEFINI- TIONS Section: 0. My easement Cr funs. agreement 2. Paragraph 1.(1) of the definition of 'Insured contract" In the DEFINRIONS Section is &- Wed. Page 6 of 0301nThr1raveleabebnayCanyoo( aspnrnwwd CG 01101111 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT- CO- 4C626115- TIL -16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WH ICH YOU HAVE AGREED , IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT , PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard ", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". CG D2 11 01 04 Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS. 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project ". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made 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 - Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION 111 — LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medica expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Deflni- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting Tots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right -of -way of a railroad shall be considered a single "project ". F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D211 01 04 Policy #: DT- 8104C626115PHX -16 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph Al., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, 10 be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following Is added to Paragraph A.1., Who Is An Insured, of SECTION 1I — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 0310 ® 2010 The Travelers indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that Individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D, EMPLOYEES AS INSURED The following is added to Paragraph Al., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, Including actual 1055 of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) In Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or Tess and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (If you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (II) Neither you nor any other involved "insured" will make any settlement without our consent. (11l) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this Insurance applies, that the In- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION 1I — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "Insured" against any such "suit ", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses, (b) This Insurance Is excess over any valid and collectible other insurance available Page 2 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (c) to the "insured" whether primary, excess contingent or on any other basis, This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada, We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for Toss of use is $65 per day, to a maximum of $750 for any one "accident ". I. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 par day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to Wearing ap- parel and other personal effects which are: (1) Owned by an "insured'; and (2) In or on your covered "auto ". This coverage applies only In the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION 111 -- PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" Is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2,a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss ". CA T3 53 03 10 0 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted materlal of Insurance Services Office. Inc. with its permission. COMMERCIAL AUTO MS BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated In such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 5/2/2017 Corporations: Registration Detail - WA Secretary of State INTEGRITYNETWORICS, INC. U131 Number 602512350 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 06/15/2005 Expiration Date 06/30/2017 Inactive Date Duration Registered Agent Information Agent Name RSC CORPORATION Address 1201 3RD AVE 5TE 3400 City SEATTLE State WA ZIP 981013034 Special Address Information Address City State Zip Governing Persons (as defined h RCW73.95.105(12)(httW /appk4 ditaspx1dte.73,95,105)) Title Governor Governor Governor Name CALLAGHAN, MICHAEL RUSSELL, JOHN FORREST, KENT Address 2624 91ST AVE E EDGEW00D, WA 983712000 18225 154TH PL SE RENTON , WA 980589667 15922 SE 43RD 5T BELLEVUE, WA 980064506 4489 SCHERMERHORN PL56 PORT ORCHARD, WA 98366 https: //www.sos.wa.gov /corps /search detail.aspx ?ubi= 602512350 1/1